LITMIR.BIZ

      CHAPTER II. APPARATUS OF GOVERNMENT.

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      "The true foundation of republican government is the equal right of every citizen, in his person and property, and in their management. Try by this, as a tally, every provision of our constitution, and see if it hangs directly on the will of the people."

      Jefferson.

      Though it be true that the principles of government are to be deduced more from experience of human nature than experience of human governments, the institutions in which those principles are to be embodied must be infinitely modified by preceding circumstances. Bentham must have forgotten this when he offered, at sixty-four, to codify for several of the United States, and also for Russia. He proposed to introduce a new set of terms. These could not, from his want of local knowledge, have been very specific; and if general, what was society to do till the lawyers had done arguing? How could even a Solomon legislate, three thousand miles off, for a republic like that of Connecticut, which set out with taking its morals and politics by handfuls, out of Numbers and Deuteronomy? or for Virginia, rank with feudal prejudices and methods? or for Delaware, with its monarchical martyr spirit? or for Louisiana, compounded of Spain, France, and America? Though at the time of the framing of the constitution, the States bore a strong general resemblance in their forms of government, endless minor differences existed, mainly arising from the different tenure on which they had been held under the English crown. Some had been provinces, governed by royal commissions, according to royal convenience. These were New Hampshire, New York, Virginia, the Carolinas, and Georgia. Others had been under proprietary government; as Maryland, held under patent, by Lord Baltimore; and Pennsylvania and Delaware, held by William Penn. Others, again, were under charter governments; ruled and altogether disposed of by political corporations. Such were Massachusetts, Rhode Island, and Connecticut. Within the memory of middle-aged men, the governor of New Hampshire used to travel in a coach and six, while the governor of the much more important Massachusetts went on a horse, with his wife on a pillion. It is within the memory of living men how Massachusetts rose up in rejection of the imposition of a clergy by England; while the colonial law of Virginia ordained parsons to be paid yearly six thousand weight of prime tobacco, in addition to marriage, burial, and birth-fees; in which days, an unholy pastor, appointed by Lord Baltimore, was seen to ride about with the church key in one hand, and a pistol in the other. It is absurd to suppose that communities, where wide differences of customs, prejudices, and manners still exist, can be, or ought to be, brought into a state of exact conformity of institutions. Diversities, not only of old custom, but of climate, productions and genealogy, forbid it; and reason does not require it. That institutions should harmonise with the same first principles, is all that is requisite. Some, who would not go so far as to offer to codify for countries where they have not get their foot, are yet apt to ask the use of one or another institution, to which the Americans seem to be unreasonably attached. It is a sufficient general answer that institutions are rarely sudden and complete inventions. They have usually an historical origin, even when renovated by revolution. Their protracted existence, and the attachment of the people to them are strong presumptions of their having some use. If their purposes can be better attained in another way, they will surely be modified. If they are the result of compromise, they will be abolished, according to the invariable law by which expediency finally succumbs to principle. That this will be the fate of certain of the United States' institutions which no one yet dreams of touching, and few dare to analyze, has been clearly foreseen, for forty years past, by many of the most upright and able men in the country. Some of them entertain an agonizing alarm at the prospect of change. Others, more reasonably, trust that, where no large pecuniary interests are at stake, the work of rectifying may very quietly and safely succeed that of reconciling: and the majority have no idea of the changes which their own hands, or their children's, will have to effect. The gradual ripening for change may be an advantage in more respects than one. Political changes which are the result of full conviction in a free people, are pretty sure to be safe. Time is also allowed, meanwhile, for men to practice their new lesson of separating the idea of revolution from the horrors which have no more natural connexion with it than burning at the stake has with the firm grasp of speculative truth.