The same custom, as appears from Tacitus, prevailed also among the Germans.  They had their national councils, like the Gauls; in which the regal and ducal offices were confirmed according to the majority of voices.  They elected also, on these occasions, those only, whom their virtue, by repeated trial, had unequivocally distinguished from the rest; and they limited their authority so far, as neither to leave them the power of inflicting imprisonment or stripes, nor of exercising any penal jurisdiction.  But as punishment was necessary in a state of civil society, “it was permitted to the priests alone, that it might appear to have been inflicted, by the order of the gods, and not by any superiour authority in man.”

The accounts which we have thus given of the ancient Germans and Gauls, will be found also to be equally true of those people, which had arrived at the same state of subordinate society.  We might appeal, for a testimony of this, to the history of the Goths; to the history of the Franks and Saxons; to, the history, in short, of all those nations, from which the different governments, now conspicuous in Europe, have undeniably sprung.  And we might appeal, as a farther proof, to the Americans, who are represented by many of the moderns, from their own ocular testimony, as observing the same customs at the present day.

It remains only to observe, that as these customs prevailed among the different nations described, in their early state of subordinate society, and as they were moreover the customs of their respective ancestors, it appears that they must have been handed down, both by tradition and use, from the first introduction of government.

* * * * *

CHAP.  III.

We may now deduce those general maxims concerning subordination, and liberty, which we mentioned to have been essentially connected with the subject, and which some, from speculation only, and without any allusion to facts, have been bold enough to deny.

It appears first, that liberty is a natural, and government an adventitious right, because all men were originally free.

It appears secondly, that government is a [042]_contract_ because, in these primeval subordinate societies, we have seen it voluntarily conferred on the one hand, and accepted on the other.  We have seen it subject to various restrictions.  We have seen its articles, which could then only be written by tradition and use, as perfect and binding as those, which are now committed to letters.  We have seen it, in short, partaking of the federal nature, as much as it could in a state, which wanted the means of recording its transactions.

It appear thirdly, that the grand object of the contrast, is the happiness of the people; because they gave the supremacy to him alone, who had been conspicuous for the splendour of his abilities, or the integrity of his life:  that the power of the multitude being directed by the wisdom and justice of the prince, they might experience the most effectual protection from injury, the highest advantages of society, the greatest possible happiness.