Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/118

108 constitutes the only true and genuine republick, according to Mr. Adams; a definition equivalent to an assertion, that it is not the justice or partiality, the moderation or oppressiveness of laws, which furnish an idea of liberty or slavery, of a republick or a tyranny, but merely the execution of law, bad or good, just or unjust.

According to this definition, all forms of government, which produce a particular effect of government, that is, "an equal subjection to the laws," instantly become republicks, how widely soever they may differ in structure or principles; and the same form, may sometimes be a republick, and sometimes not, as fluctuations in the equal execution of law are produced, by the passions of individuals, or the arts of factions, without any change in the structure of the government. So soon as it is settled, that effects are to alter the names of causes, without altering their nature or form, the term "republick" can no longer convey an idea of a government, unless it is in operation; because, as the title of every form to that epithet, would depend upon its effect in producing "an equal subjection to law," so until this effect appears in the operation of a government, it could never be known, whether it was a republick, an aristocracy or a monarchy. Politicians, to the inquiry "what kind of government are you erecting?" must answer like the painter spoken of by Cervantes, who being asked what he was painting, replied?" a cock or a fox, just as it happens."

A partial execution of law by one party or faction upon another, would produce an unequal subjection to law, which must be detected and destroyed, to bring back such an erring government within the terms of the definition. It deprives us of the vernacular idea annexed to the phrases "republick and monarchy," and for the question " is this a republick or a monarchy?" substitutes an inquiry, "whether all the citizens are equally subject to the laws?"

Without having seen the definition, an Englishman being asked, under what form of government he lived, would have answered, "a monarchy;" and to the same question.