331 



state, a supreme organ is a necessary condition for its existence, and this cannot be split 

 into parts. If thie State itself is to retain its unity." 



(i) "By a mixed State maybe understood one in which monarchy, aristocracy, or 

 •uemocracy are moderated or limited by other political factors, e. g., a monarchy may be 

 limited by the formation of an aristocratic Senate or Upper House, and of a primary or 

 representative Assembly of the people. In that case it is true that such a divided con- 

 stitution is better than when an individual, or a few, or the majority rule absolutely and 

 without restraint. But such a mixture as this does not create a new form of State, for 

 the supreme governing power is still concentrated in the hands of the monarch, or of 

 the aristocracy, or of the people." 



(k) "As the Middle Ages came to an end," he says, " the modern constitution of the 

 State was close at hand. It is the end of a history of more than a thousand years, the 

 completion of the Romau-Germanic political life, the true political civilization of 

 Europe. 



" This form of State was first developed in England, where it had long been slowly but 

 surely ripening." .... 



" Constitutional monarchy is a combination of all other forms of State. It preserves 

 the greatest variety without sacriticing the harmony and unity of the whole. While 

 giving free room to the aristocracy to exercise its powers, it imposes no restraint upon 

 the democratic tendencies of the people. In its reverence for the lavv we can even see 

 an ideocraiic element. But all these various tendencies are held together in their due 

 relations by the monarchy, the living head of the State organism 



" The English king has realized that he does not represent his own will, but that of the 

 State. Thus the ministers and — since the English ministers are kept in power by the 

 confidence of Parliament, or rather of the House of Commons— the popular representa- 

 tives have more influence over the government than in continental States. So far the 

 English monarchy may be called parliamentary or republican. But the reverence for 

 the crown is nowhere stronger than in England, and however strong the aristocratic 

 elements, and the Parliament may be, the English constitution has remained a mon- 

 archy." 



{I) History of the Science of Politics, p. 32, note: "We now say," observes the author 

 cited, " that political power, as distinct from legal sovereignty, is in the last resort with 

 the majority of the House of Commons." 



(m) " In our country, for example, one component part of the sovereign or supreme 

 body is the numerous body of the Commons (in the strict signification of the term) : that 

 is to say, such of the Commons (in the large acceptation of the term) as share the sov- 

 ereignty with the king and peers, and elect the members of the Commons House." 

 "Consequently the sovereignty always resides In the king and the peers, with the elec- 

 toral body of the Commons " (Jur., pp. 251-263). 



(w) A full account of the Constitution of the Tribunate is given by Mr. Calhoun, in his 

 Disquisition on Government," (pp. 9i, et seq.), from which we extract the following : 



" Such was the origin of the tribunate ; which, in proce>s of time, opened all the 

 honors of the government to the plebeians. They acquired the right, not only of veto- 

 ing the passage of all laws, but also their execution ; and thus obtained, through their 

 tribunes, a negative on the entire action of the government, without divesting the 

 patricians of their control over the Senate. By this arrangement, the government was 

 placed under the concurrent and joint voice of the two orders, expressed through sepa- 

 rate and appropriate organs ; the one possessing the positive, the other the negative 

 powers of the government. This simple change converted it from an absolute, into a 

 constitutional government— from a government of the patricians only, to that of the 

 whole Roman people— and from an aristocracy into a republic. In doing this it laid the 

 solid foundation of Roman liberty and greatness. 



"A superficial observer would pronounce a government, so organized as that one order 



