LETTER XXVIII.
MIXED GOVERNMENTS.
MONTESQUIEU, SPIRIT OF LAWS, B. II. C. vi,
OF THE CONSTITUTION OF ENGLAND.
My dear Sir,
IN every government there are three ſorts of power; the legiſlative, the executive in reſpect of things dependent on the law of nations, and the executive in regard to things that depend on the civil law.
By virtue of the firſt (i. e. the legiſlative power), the prince or magiſtrate enacts temporary or perpetual laws, and amends or abrogates thoſe that have been already enacted. By the ſecond, he makes peace or war, ſends or receives embaſſies, eſtabliſhes the public ſecurity, and provides againſt invaſions. By the third, he puniſhes criminals, or determines the diſputes that ariſe between individuals. The latter we ſhall call the judiciary power, and the other ſimply the executive power of the ſtate.
The political liberty of the citizen, is a tranquillity of mind, ariſing from the opinion each perſon has of his ſafety. In order to have this liberty, it is requiſite the government be ſo conſtituted, as that one citizen need not be afraid of another citizen.
When the legiſlative and executive powers are united in the ſame perſon, or in the ſame body of magiſtrates, there can be no liberty; becauſe apprehenſions may ariſe, leſt the ſame monarch or ſenate, or the ſame ſenate ſhould enact tyran-
