Where the people, as in some larger communities, have only a share in the legislature, they cannot overwhelm the collateral powers, who having likewise a share, are in condition to defend themselves: where they act only by their representatives, their force may be uniformly employed. And they may make a part in a constitution of government more lasting than any of those in which the people, possessing or pretending to the entire legislature, are, when assembled, the tyrants, and, when dispersed, the slaves of a distempered state. In governments properly mixed, the popular interest, finding a counterpoise in that of the prince or of the nobles, a balance is actually established between them, in which the public freedom and the public order are made to consist.
From some such casual arrangement of different interests, all the varieties of mixed government proceed; and on that degree of consideration which every separate interest can procure to itself, depends the equity of the laws they enact, and the necessity they are able to impose, of adhering strictly to the terms of law in its execution. States are accordingly unequally qualified to conduct the business of legislation, and unequally fortunate in the completeness, and regular observance, of their civil code.
In democratical establishments, citizens, feeling themselves possessed of the sovereignty, are not equally anxious, with the subjects of other governments, to have their rights explained, or secured, by actual statute. They trust to personal vigour, to the support of party, and to the sense of the public.
If the collective body perform the office of judge, as well as of legislator, they seldom think of devising rules for their own direction, and are found still more seldom to follow any determinate rule, after it is made. They dispense, at one time, with what they enacted at another; and in their judicative, perhaps even more than in their legislative, capacity, are guided by passions and partialities that arise from circumstances of the case before them.
But under the simplest governments of a different sort, whether aristocracy or monarchy, there is a necessity for law, and there are a variety of interests to be adjusted in framing every statute. The sovereign wishes to give stability and order to administration, by express and promulgated rules. The subject wishes to know the conditions and limits of his duty. He acquiesces or he revolts, according as the terms on which he is made to live with the sovereign, or with his fellow subjects, are, or are not, consistent with the sense of his rights.