tion, and drawn a numerous train after
the person distinguished by them, of those who sought his protection, or
feared his power, or admired his qualifications, or wished to form
themselves after his example, or, in fine, of whoever desired to partake
of his importance by being mentioned along with him. These the ancient
Gauls, who nearly resembled the Germans in their customs, called
Ambacti; the Romans called them Comites. Over these their chief had a
considerable power, and the more considerable because it depended upon
influence rather than institution: influence among so free a people
being the principal source of power. But this authority, great as it
was, never could by its very nature be stretched to despotism; because
any despotic act would have shocked the only principle by which that
authority was supported, the general good opinion. On the other hand, it
could not have been bounded by any positive laws, because laws can
hardly subsist amongst a people who have not the use of letters. It was
a species of arbitrary power, softened by the popularity from whence it
arose. It came from popular opinion, and by popular opinion it was
corrected.

If people so barbarous as the Germans have no laws, they have yet
customs that serve in their room; and these customs operate amongst them
better than laws, because they become a sort of Nature both to the
governors and the governed. This circumstance in some measure removed
all fear of the abuse of authority, and induced the Germans to permit
their chiefs[49] to decide upon matters of lesser moment, their private
differences,--for so Tacitus explains the _minores res_. These chiefs
were a sort of judges, but not legislators; nor do they appear to have
had a share in the superior branches of the executive part of
government,--the business of peace and war, and everything of a public
nature, being determined, as we have before remarked, by the whole body
of the people, according to a maxim general among the Germans, that what
concerned all ought to be handled by all. Thus were delineated the faint
and incorrect outlines of our Constitution, which has since been so
nobly fashioned and so highly finished. This fine system, says
Montesquieu, was invented in the woods; but whilst it remained in the
woods, and for a long time after, it was far from being a fine one,--no
more, indeed, than a very imperfect attempt at government, a system for
a rude and barbarous people, calculated