Charles Sumner: his complete works, volume 13 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 13 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
One of the ablest among the modern predecessors of Montesquieu was
John Bodin, also a Frenchman, who wrote nearly two centuries earlier.
Like the ancient writers, he uses the term “republic” to embrace
monarchy, aristocracy, and democracy, which he calls “three kinds of
republics,”--_tria rerumpublicarum genera_. If the republic is in the
power of one, _penes unum_, it is a monarchy; if in the power of a
few, _penes paucos_, it is an aristocracy; if in the power of all,
_penes universos_, it is a democracy. Proceeding further, he says
that a democracy is “where all or the major part of all the citizens,
_omnes aut major pars omnium civium_, collected together, have the
supreme power.”[73] Here the philosopher plainly follows the rule of
jurisprudence in regard to corporations; but this definition seems to
sanction the exclusion of part of the citizens, less than a majority,
while it is inadequate in other respects. It says nothing of equality
of rights, or of that great touchstone of the republican idea, the
dependence of taxation upon representation.
But in his day the word was general, and not specific, as appears
in other instances. The easy-going and very natural Brantôme, a
contemporary of Bodin, quotes a book of his day which in its title
speaks of “the Republic of France.”[74] This was while the most
unrepublican house of Valois ruled. The great Chancellor l’Hospital
uses the word in the same sense, when in his famous testament he speaks
of yielding to “the necessity of the Republic.”[75] We have also
the authority of Henri Martin, in his admirable History of France,
who says that the word in Bodin “means only the State in its broad
signification.”[76] Plainly, from writers of this period there is
little help in the present inquiry.
There are later definitions to be put aside also. Thus, for instance,
it is often said that a republic is “a government of laws, and not
of men”; and this saying found favor with some among our fathers.[77]
Long before, Aristotle had declared that such a government would be
the kingdom of God.[78] But this condition, though marking an advanced
degree of civilization, and of course essential to a republic,
cannot be recognized as decisive. On its face it is vague from
comprehensiveness. It is enough to say that it would embrace England,
whose government our fathers renounced in order to build a republic.
And still further, it would throw its shield over a government which
“frameth mischief by a law.” This will not do.
There is also a plausible definition by Millar, the learned author of
the work on the British Constitution, who states, hypothetically, that
by Republic may be meant “a government in which there is no king or
hereditary chief magistrate.”[79] But this, again, must be rejected, as
leaving aristocracies and oligarchies in the category of republics.
Public-domain text, read in full here on John Shaqi.
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