elect the officer who is to guard the sheep and cattle. And, if question arise whether additional officers or watch-towers should be provided, must not Laban and Isaac, and those who must sell part of their herds to buy protection for the rest, judge better of this, and with more right, than Jacob, who, because he is a youth and a traveller, eats their bread and not his own?

In the earliest society the proprietors made their own wealth, and so long as it comes to the owners in the direct way, no other opinion would arise in any equitable community, than that property should make the law for property, and persons the law for persons.

But property passes through donation or inheritance to those who do not create it. Gift, in one case, makes it as really the new owner's, as labor made it the first owner's: in the other case, of patrimony, the law makes an ownership, which will be valid in each man's view according to the estimate which he sets on the public tranquillity.

It was not, however, found easy to embody the readily admitted principle, that property should make law for property, and persons for persons: since persons and property mixed themselves in every transaction. At last it seemed settled, that the rightful distinction was, that the proprietors should have more elective franchise than non-proprietors, on the Spartan principle of "calling that which is just, equal; not that which is equal, just."

That principle no longer looks so self-evident as it appeared in former times, partly, because doubts have arisen whether too much weight had not been allowed in the laws to property, and such a structure given to our usages, as allowed the rich to encroach on the poor, and to keep them poor; but mainly, because there is an instinctive sense, however obscure and yet inarticulate, that the whole constitution of property, on its present tenures, is injurious, and its influence on persons deteriorating and degrading; that truly, the only interest for the consideration of the State is persons; that property will always follow persons; that the highest end of government is the culture of men and if men can be educated, the institutions will share their improvement, and the moral sentiment will write the law of the land.

If it be not easy to settle the equity of this question, the peril is less when we take note of our natural defences. We are kept by better guards than the vigilance of such magis

trates as we commonly elect. Society always consists, in greatest part, of young and foolish persons. The old, who have seen through the hypocrisy of courts and statesmen, die, and leave no wisdom to their sons. These believe their own newspaper, as their fathers did at their age. With such an ignorant and deceivable majority, States would soon run to ruin, but that there are limitations, beyond which the folly and ambition of governors cannot go. Things have their laws, as well as men; and things refuse to be trifled with. Property will be protected. Corn will not grow, unless it is planted and manured; but the farmer will not plant or hoe it, unless the chances are a hundred to one that he will cut and harvest it. Under any forms, persons and property must and will have their just sway. They exert their power, as steadily as matter its attraction. Cover up a pound of earth never so cunningly, divide and subdivide it; melt it to liquid, convert it to gas; it will always weigh a pound: it will always attract and resist other matter, by the full virtue of one pound weight; - and the attributes of a person, his wit and his moral energy, will exercise, under any law or extinguishing tyranny, their proper force, if not overtly, then covertly; if not for the law, then against it; if not wholesomely, then poisonously; with right, or by might.

Under

The boundaries of personal influence it is impossible to fix, as persons are organs of moral or supernatural force. the dominion of an idea, which possesses the minds of multitudes, as civil freedom, or the religious sentiment, the powers of persons are no longer subjects of calculation. A nation of men unanimously bent on freedom, or conquest, can easily confound the arithmetic of statists, and achieve extravagant actions, out of all proportion to their means; as, the Greeks, the Saracens, the Swiss, the Americans, and the French have done.

In like manner, to every particle of property belongs its own attraction. A cent is the representative of a certain quantity of corn or other commodity. Its value is in the necessities of the animal man. It is so much warmth, so much bread, so much water, so much land. The law may do what it will with the owner of property, its just power will still attach to the cent. The law may in a mad freak say, that all shall have power except the owners of property; they shall have no vote. Nevertheless, by a higher law, the property will, year after year, write every statute that respects

property. The non-proprietor will be the scribe of the proprietor. What the owners wish to do, the whole power of property will do, either through the law, or else in defiance of it. Of course, I speak of all the property, not merely of the great estates. When the rich are outvoted, as frequently happens, it is the joint treasury of the poor which exceeds their accumulations. Every man owns something, if it is only a cow, or a wheelbarrow, or his arms, and so has that property to dispose of.

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The same necessity which secures the rights of person and property against the malignity or folly of the magistrate, determines the form and methods of governing, which are proper to each nation, and to its habit of thought, and nowise transferable to other states of society. In this country, we are very vain of our political institutions, which are singular in this, that they sprung, within the memory of living men, from the character and condition of the people, which they still express with sufficient fidelity, and we ostentatiously prefer them to any other in history. They are not better, but only fitter for us. We may be wise in asserting the advantage in modern times of the democratic form, but to other states of society, in which religion consecrated the monarchical, that and not this was expedient. Democracy is better for us, because the religious sentiment of the present time accords better with it. Born democrats, who are nowise qualified to judge of monarchy, which, to our fathers living in the monarchical idea, was also relatively right. But our institutions, though in coincidence with the spirit of the age, have not any exemption from the practical defects which have discredited other forms. Every actual State is corrupt. Good men must not obey the laws too well. What satire on government can equal the severity of censure conveyed in the word politic, which now for ages has signified cunning, intimating that the State is a trick?

The same benign necessity and the same practical abuse appear in the parties into which each State divides itself, of opponents and defenders of the administration of the government. Parties are also founded on instincts, and have better guides to their own humble aims than the sagacity of their leaders. They have nothing perverse in their origin, but rudely mark some real and lasting relation. We might as wisely reprove the east wind, or the frost, as a political party, whose members, for the most part, could give no account of their position, but

stand for the defence of those interests in which they find themselves. Our quarrel with them begins, when they quit this deep natural ground at the bidding of some leader, and, obeying personal considerations, throw themselves into the maintenance and defence of points, nowise belonging to their system. A party is perpetually corrupted by personality. Whilst we absolve the association from dishonesty, we cannot extend the same charity to their leaders. They reap the rewards of the docility and zeal of the masses which they direct. Ordinarily, our parties are parties of circumstance, and not of principle; as, the planting interest in conflict with the commercial; the party of capitalists, and that of operatives; parties which are identical in their moral character, and which can easily change ground with each other, in the support of many of their measures. Parties of principle, as, religious sects, or the party of free-trade, of universal suffrage, of abolition of slavery, of abolition of capital punishment, degenerate into personalities, or would inspire enthusiasm. The vice of our

leading parties in this country (which may be cited as a fair specimen of these societies of opinion) is, that they do not plant themselves on the deep and necessary grounds to which they are respectively entitled, but lash themselves to fury in the carrying of some local and momentary measure, nowise useful to the commonwealth. Of the two great parties, which, at this hour, almost share the nation between them, I should say, that, one has the best cause, and the other contains the best men. The philosopher, the poet, or the religious man will, of course, wish to cast his vote with the democrat, for free-trade, for wide suffrage, for the abolition of legal cruelties in the penal code, and for facilitating in every manner the access of the young and the poor to the sources of wealth and power. But he can rarely accept the persons whom the so-called popular party propose to him as representatives of these liberalities. They have not at heart the ends which give to the name of democracy what hope and virtue are in it. The spirit of our American radicalism is destructive and aimless; it is not loving; it has no ulterior and divine ends; but is destructive only out of hatred and selfishness. On the other side, the conservative party, composed of the most moderate, able, and cultivated part of the population, is timid, and merely defensive of property. It vindicates no right, it aspires to no real good, it brands no crime, it proposes no generous policy, it does not build nor write, nor cherish the arts, nor foster religion,

nor establish schools, nor encourage science, nor emancipate the slave, nor befriend the poor, or the Indian, or the immigrant. From neither party, when in power, has the world any benefit to expect in science, art, or humanity, at all commensurate with the resources of the nation.

I do not for these defects despair of our republic. We are not at the mercy of any waves of chance. In the strife of ferocious parties, human nature always finds itself cherished, as the children of the convicts at Botany Bay are found to have as healthy a moral sentiment as other children. Citizens of feudal states are alarmed at our democratic institutions lapsing into anarchy; and the older and more cautious among ourselves are learning from Europeans to look with some terror at our turbulent freedom. It is said that in our license of construing the Constitution, and in the despotism of public opinion, we have no anchor; and one foreign observer thinks he has found the safeguard in the sanctity of Marriage among us; and another thinks he has found it in our Calvinism. Fisher Ames expressed the popular security more wisely, when he compared a monarchy and a republic, saying, "that a monarchy is a merchantman, which sails well, but will sometimes strike on a rock, and go to the bottom; whilst a republic is a raft, which would never sink, but then your feet are always in water." No forms can have any dangerous importance, whilst we are befriended by the laws of things. It makes no difference how many tons' weight of atmosphere presses on our heads, so long as the same pressure resists it within the lungs. Augment the mass a thousand-fold, it cannot begin to crush us, as long as reaction is equal to action. The fact of two poles, of two forces, centripetal and centrifugal, is universal, and each force by its own activity develops the other. Wild liberty develops iron conscience. Want of liberty, by strengthening law and decorum, stupefies conscience. Lynch-law' prevails only where there is greater hardihood and self-subsistency in the leaders. A mob cannot be a permanency; everybody's interest requires that it should not exist, and only justice satisfies all.

We must trust infinitely to the beneficent necessity which shines through all laws. Human nature expresses itself in them as characteristically as in statues, or songs, or railroads, and an abstract of the codes of nations would be a transcript of the common conscience. Governments have their origin Reason for one is seen to be

in the moral identity of men.