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He might have indignantly denied it The Free Press said: "In some short while you will have a glaring instance of a man who is incompetent and obscure but very rich, appearing as a legislator with permanent hereditary power, transferable to his son after his death. I don't know which the next one will be, but there is bound to be a case of the sort quite soon for the thing goes on continually.
Should he be the organ of their sentiments, or of his own? their ambassador to a congress, or their professional agent, empowered not only to act for them, but to judge for them what ought to be done? These two theories of the duty of a legislator in a representative government have each its supporters, and each is the recognized doctrine of some representative governments.
The reason of this is demonstrable; for the ordinary means not failing, the commonwealth has no need of a legislator, but the ordinary means failing, there is no recourse to be had but to such as are extraordinary.
I might, it is true, have thought to repose such a trust in him. But I was deceived, sir, as I fear I am too apt to be when I permit my feelings as a man to overcome my duty as an American legislator. Mr. Dobbs enjoyed my patronage and the opportunity it gave me to introduce him into public life only to abuse it. He became, I fear, deeply indebted.
The practical and conventional school, to which the law is always a creation of the legislator, an expression of his will, a privilege which he condescends to grant, in short, a gratuitous affirmation to be regarded as judicious and legitimate, no matter what it declares.
Roman law undoubtedly played a great part in European history long after all the conditions in which it was first enacted had passed away, and the legislator who can determine in any country the system of national education, or the succession of property, will do much to influence the opinions and social types of many succeeding generations.
Unfortunately, in the domain of the historical sciences, the Collège de France had allowed its traditions to be obliterated up to a certain point. The audiences which they swayed by their eloquence were not composed of students of history. The Faculties of Letters formed part of a system established by the Napoleonic legislator.
But there is danger of error, where speculative men of one country attempt to sketch out a plan of government for another, in a different climate and situation. This legislator must be acknowledged to have possessed great abilities and merit; yet his fine-spun system proved in effect useless and impracticable.
So also did I imagine, that those people who formerly had been half wilde, and civiliz'd but by degrees, made their laws but according to the incommodities which their crimes and their quarrels constrain'd them to, could not be so wel pollic'd, as those who from the beginning of their association, observ'd the constitutions of some prudent Legislator.
Through their means man acquires a kind of preternatural power over the future lot of his fellow-creatures. When the legislator has once regulated the law of inheritance, he may rest from his labor. The machine once put in motion will go on for ages, and advance, as if self-guided, toward a given point.
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