07 Dec




















and Norwegians, so distinguished in latter ages by their unconquered spirit, could thus tamely resign the great character of German liberty. Some tribes, however, on the coast of the Baltic, acknowledged the authority of kings, though without relinquishing the rights of men, but in the far greater part of Germany, the form of government was a democracy, tempered, indeed, and controlled, not so much by general and positive laws, as by the occasional ascendant of birth or valor, of eloquence or superstition. Civil governments, in their first institution, are voluntary associations for mutual defence. To obtain the desired end, it is absolutely necessary that each individual should conceive himself obliged to submit his private opinions and actions to the judgment of the greater number of his associates. The German tribes were contented with this rude but liberal outline of political society. As soon as a youth, born of free parents, had attained the age of manhood, he was introduced into the general council of his countrymen, solemnly invested with a shield and spear, and adopted as an equal and worthy member of the military commonwealth. The assembly of the warriors of the tribe was convened at stated seasons, or on sudden emergencies. The trial of public offences, the election of magistrates, and the great business of peace and war, were determined by its independent voice. Sometimes indeed, these important questions were previously considered and prepared in a more select council of the principal chieftains. The magistrates might deliberate and persuade, the people only could resolve and execute; and the resolutions of the Germans were for the most part hasty and violent. Barbarians accustomed to place their freedom in gratifying the present passion, and their courage in overlooking all

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