'man tribes, and still exists in all its intensity among our own North American Indians. They were children of the woods, and the creatures of individual impulse, who joined in political society, not for the purpose of exchanging the freedom of national independence for the freedom of legal citizenship, but solely in order to secure the possession and enjoyment of that cherished faculty of uncontrolled volition. -The other principle, introduced by them, was the institution of military patronage, the attachment of each individual, ‚—not to a community, to an aggregate body of men, or to a sovereign as representing the national will, -- but to another individual, as an individual, by means of which the parties gained the advantages of combined force without assuming any general obligations to society, or entirely sacrificing the principle of individual independence.

From among the political institutions of the Empire, there survived two things, also, which have exercised a marked influence upon modern civilization. One was, the municipal organization, as it existed in the great cities of the Empire. Rome itself was, in the beginning, only a muncipality; the Greek and Italian republics, in general, were nothing but cities, and confederations of cities; and as Rome proceeded in the march of aggrandisement, it was by the conquest and foundation of cities that she established her authority through Europe. The earth was tilled, not by proprietors scattered over its whole extent, or grouped around castles in manors and farm-houses, but either by free cultivators belonging to and residing in the towns, or else by slaves. The military organization of the Republic and the Empire held together for awhile so many cities originally independent; and when the Empire fell in pieces by the vice of its composition and the violence of the Barbarians, the municipalities remained, and the municipal system withstood the shock, which swept away all the other institutions of the Empire. But although this institution alone remain

B*

ed, yet the idea, the principle, of another, still subsisted, and that was the idea of power and authority attached to the name of Emperor and the civil legislation of the Empire.

-

- there was, in short, This had the most important

Finally, in addition to these elements, out of which to recompose the social fabric of Europe, we have the Christian Church; that is, not Christianity merely, the body of religious faith as such, but the Christian Church as a public institution. In the earlier periods of ecclesiastical history, we discern the foundations of a church-government, in the presbyters, bishops, and deacons, who discharged certain public functions or duties in the bosom of the Church, without being separated into a distinct or authoritative class, Which of these may have been prior in point of time, or superior in station, it is not relevant to our present purpose to enquire; suffice it to say that, at the period when the Barbarians overran the Empire, there was an established hierarchy with set rules of religious government, a body of clergy separated from the people, having its revenues, jurisdiction, and peculiar constitution; a visible Christian Church. effects upon the new civilization, the foundations of which were then laid. In the first place, the Church, by its organization, proved the efficient means, under Providence, of sustaining the religion itself against the torrent of ignorance, violence, and paganism, which flowed in upon the Empire in the train of the Barbarians. In the second place, the clergy stood ready to perform the duties of the municipal magistracy, in that time of disaster, when laymen shrank from its cares and responsibilities. Thirdly, they alone were the depositories or advocates of the moral force of the community, they alone exerted the influence of opinions, of principles, of high responsibility, to mitigate or withstand the fury of mere brute force, which was overwhelming the Roman world. Finally, the Church, content, at that time, to govern the conscience, and disclaiming the pursuit of worldly power, was itself the first to introduce the principle

hereditary aristocracy, the only goma er: meets. Europe. Another sustains the cause of royalty

that the German wings innerted all the right of the koma: emperors, and are alone legitimate.

to the assemblies of the freemer, that is, the grea mas &

the people, exercising the powers eignty, and attributes the older a publican or democratic principic Fmary

these plausible pretensions, comes fix Cuuret

to be the legitimate authority by virtue of its divine IUI. not less than its agency in restoring or preserving the civicization of Europe.

It is evident that each of these classes of opinions is ngus and each is wrong; for they are all legitimate better of them exclusively so. In our own times there as a 2fectation, current among the aduerents of absoins power 1the person of hereditary princes, of applying their ab thority the epithet of legitimacy, as i hug som west legitimate. The assumption is totally univunnet fort

ed, yet the idea, the principle, of another, still subsisted, and that was the idea of power and authority attached to the name of Emperor and the civil legislation of the Empire.

Finally, in addition to these elements, out of which to recompose the social fabric of Europe, we have the Christan Church; that is, not Christianity merely, the body of religious with as such, but the Christian Church as a pubDe institution. In the earlier periods of ecclesiastical history, we discern the foundations of a church-government, on the presoyters, bishops, and deacons, who discharged cerman public functions or duties in the bosom of the Church, without doing separated into a distinct or authoritative class, Which of these may have been prior in point of time, or superior in station, it is not relevant to our present purpose to enquire; suffice it to say that, at the period when the Barbarians overran the Empire, there was an established hierarchy with set rules of religious government, a body of clergy separated from the people, having its revenues, jurisdiction, and peculiar constitution z- there was, in short, A visible Christian Church. This had the most important

eets upon the new civilization, the foundations of which were then land In the first place, the Church, by its or#mdom proved the efficient means, under Providence, of sextaning the religion itself against the torrent of ignonauce violence, and paganism, which flowed in upon the Nupire in the train of the Barbarians. In the second place, the elergy stood ready to perform the duties of the municipal magistrwey, in that time of disaster, when laymen shrank from the curve and responsibilities. Thirdly, they alone were the depositories or advocates of the moral force of the community, they alone exerted the influence of opinions, of prmciples, of high responsibility, to mitigate or withstand the fury of mere brute force, which was overwhelming the Roman world. Finally, the Church, content, at that time, to govern the conscience, and disclaiming the pursuit of werkdly powers, was itself the first to introduce the principle

of separating temporal and spiritual concerns, de præcipie of liberty of conscience, in order to abstract itself from the grasp of the Barbarians.

Here, then, amid these different forms of society, the Barbarian, the Roman, and the Christian, each with is peculiar laws, — amid the conflicting principles of bestie races of men,each with its peculiar language, macsersand abeas — we are to find the origin of the forms of government now existing in Europe, the primitive stock, the root, Sum which in the lapse of time each has sprung. Which of these firms, then, has claims to be considered the true original type of government, which of them is entitled to the same aflagitimate?

There is one school of publicists, which mainnins that the conquering race was possessed of all powers, all rights; that this race is the moblesse; and that whatever power kings and peoples may hold has been plandered from the hereditary aristocracy, the only legitimate rulers of modern Europe. Another sustains the cause of royalty, alleging that the German kings inherited all the rights of the Roman emperors, and are alone legitimate. Another school points to the assemblies of the freemen, that is, the great mass of the people, exercising the powers of legislation and sovereignty, and attributes the older and better right to the republican or democratic principle. Finally, in face of all these plausible pretensions, comes the Church, and claims to be the legitimate authority by virtue of its divine mission, not less than its agency in restoring or preserving the civilization of Europe.

It is evident that each of these classes of opinions is right and each is wrong; for they are all legitimate, but neither of them exclusively so. In our own times, there is an affectation, current among the adherents of absolute power in the person of hereditary princes, of applying to their authority the epithet of legitimacy, as if kings alone were legitimate. The assumption is totally unfounded in fact.