HISTORY OF EUROPE. [57 



intrusted with this choice, ought to 

 be placed not at the base, but at the 

 top of the establishment. The 

 elections should proceed, not from 

 the bottom, Avhere they must neces- 

 sarily be bad ; but from the head; 

 where they must necessarily be 

 good ; for the electors, if they are 

 properly constituted, will always 

 have the greatest interest in the 

 maintenance of order and liberty, 

 in the stability of institutions, and 

 in the solidity of good principles. 

 It is sufficient that their choice can 

 fall upon none who are not pointed 

 out by the people. 



"Such is a good democracy, with 

 all the advantages of that form of 

 government ; for, in this system, 

 the most perfect equality prevails 

 among all the citizens, since every 

 one may be placed upon the list of 

 eligibles. But besides, you thus ob- 

 tain the democracy purged from all 

 its inconveniences ; for under this 

 order of things, there is no popu- 

 lace, or mob, to agitate in the fo- 

 rum or in clubs. The ignorant 

 class exercise no influence either 

 upon the legislature, or upon the 

 government. By these means, too, 

 you get rid of demagogues. Every 

 thing is managed in the name of 

 the people, and for the interest of 

 the people. Nothing is done by 

 the people, or under their precipi- 

 tate direction. They are tranquil 

 under the protection of the laws : 

 they enjoy the advantages of real 

 liberty. 



"The functions of the legislative 

 body comprises three distinct ope- 

 rations. The proposal of a law, 

 its discussion, and its adoption. 

 The proposal ought not to be 

 made by the same assembly which 

 adopts. This is an acknowledged 

 principle. The discussion ought 

 pot to take place without the 



participation of that body by which 

 it is to be executed. Experience 

 has proved the necessity of this 

 measure. 



" Along with the legislative body 

 you have a tribunate, whose busi- 

 ness it is continually to petition in 

 the name of the people. Neces- 

 sarily composed of the most ener- 

 getic and the most eloquent men in 

 the country, it will be entitled to 

 make continual appeals to public 

 opinion, to censure in every way 

 the proceedings of government: 

 to denounce those which it consi- 

 ders hostile to the constitution, to 

 accuse and to prosecute all the ex- 

 ecutive agents ; to speak and to 

 publish their sentiments with the 

 most complete independence, with- 

 out the members ever being called 

 upon to answer for their speeches 

 and writings. The existence of this 

 popular magistracy, together with 

 the liberty of the press, which, 

 under a vigorous government^ must 

 always be unrestrained, forms one 

 of the principal securities for pub- 

 lic liberty ; for do what you can, 

 these securities can never be real 

 and durable, but when they rest 

 upon public opinion. 



" In a republic like France, the 

 executive government must be 

 strong. It ought to have unity of 

 thought and of action. This is the 

 only real advantage of a monarchy. 

 The representative system may 

 avail itself of this unity. Of what- 

 ever number of functionaries the 

 head of the executive power may 

 be composed, it is always evident 

 that, ultimately, one must have the 

 means of tenninating discussion, 

 and bring all opinions to concur. 



" The judiciary power may be 

 considered as an emanation from 

 the executive. It belongs therefore 

 to the latter to appoint judges, 



