Appendix U.—Vol. II. p. 268.
Setting aside all those who do not think at all, and those who dare not say what they think, the immense majority of the Americans will still be found to appear satisfied with the political institutions by which they are governed; and, I believe, really to be so. I look upon this state of public opinion as an indication, but not as a demonstration, of the absolute excellence of American laws. The pride of a nation, the gratification of certain ruling passions by the law, a concourse of circumstances, defects which escape notice, and more than all the rest, the influence of a majority which shuts the mouth of all cavillers, may long perpetuate the delusions of a people as well as those of a man.
Look at England throughout the eighteenth century. No nation was ever more prodigal of self-applause, no people was ever more self-satisfied; then every part of its constitution was right,—everything, even to its most obvious defects, was irreproachable: at the present day a vast number of Englishmen seem to have nothing better to do than to prove that this constitution was faulty in many respects. Which was right?—the English people of the last century, or the English people of the present day?
The same thing has occurred in France. It is certain that during the reign of Louis XIV. the great bulk of the nation was devotedly attached to the form of government which, at that time, governed the community. But it is a vast error to suppose that there was anything degraded in the character of the French of that age. There might be some sort of servitude in France at that time, but assuredly there was no servile spirit among the people. The writers of that age felt a species of genuine enthusiasm in extolling the power of their king; and there was no peasant so obscure in his hovel as not to take a pride in the glory of his sovereign, and to die cheerfully with the cry “Vive le Roi” upon his lips. These very same forms of loyalty are now odious to the French people. Which are wrong?—the French of the age of Louis XIV., or their descendants of the present day?
Our judgment of the laws of a people must not then be founded exclusively upon its inclinations, since those inclinations change from age to age; but upon more elevated principles and a more general experience. The love which a people may show for its laws, proves only this:—that we should not be in too great a hurry to change them.
