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s; … could be the
result of a resolve adopted in this theoretical manner; as if the form of a constitution were a matter
of free choice; determined by nothing else but reflection。 Of this artless fashion was that
deliberation; … not indeed of the Persian people; but of the Persian grandees; who had conspired
to overthrow the pseudo…Smerdis and the Magi; after their undertaking had succeeded; and when
there was no scion of the royal family living; … as to what constitution they should introduce into
Persia; and Herodotus gives an equally naive account of this deliberation。
§ 47
In the present day; the Constitution of a country and people is not represented as so entirely
dependent on free and deliberate choice。 The fundamental but abstractly (and therefore
imperfectly) entertained conception of Freedom; has resulted in the Republic being very generally
regarded … in theory … as the only just and true political constitution。 Many even; who occupy
elevated official positions under monarchical constitutions … so far from being opposed to this idea
… are actually its supporters; only they see that such a constitution; though the best; cannot be
realised under all circumstances; and that … while men are what they are … we must be satisfied
with less freedom; the monarchical constitution … under the given circumstances; and the present
moral condition of the people … being even regarded as the most advantageous。 In this view also;
the necessity of a particular constitution is made to depend on the condition of the people in such a
way as if the latter were non…essential and accidental。 This representation is founded on the
distinction which the r