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This might be the man about whom Moses the legislator of the Jews wrote."
There is therefore requisite, not only a Declaration of the Law, but also sufficient signes of the Author, and Authority. The Author, or Legislator is supposed in every Common-wealth to be evident, because he is the Soveraign, who having been Constituted by the consent of every one, is supposed by every one to be sufficiently known.
Then come two brief passages which ought to be bound as watchwords and phylacteries about the foreheads of every legislator who presumes to direct our country's destiny, and which stand as a perpetual indictment against all who endeavour to exclude the men or women of this country from constitutional liberties: "In order to prove that the Americans have no right to their liberties, we are every day endeavouring to subvert the maxims which preserve the whole spirit of our own.
For no speech or debate in either House, shall the legislator be called in question in any other place. The legislature assembles on the first Tuesday in January, and sits for about three months. Its seat is at Albany. The executive power, Article IV., is to be vested in a Governor and a Lieutenant-Governor, both of whom shall be chosen for two years.
The style only wants condensation, and a little of the humour which he had not yet learned to transfer from his conversation to his writings, in order to be worthy of his mature powers. He thus describes William's lifelong enemy and rival, whose name he already spells after his own fashion. "Lewis was not a great general. He was not a great legislator.
For the legislator must secure public order by PRINCIPLES and LAWS: he does not wait for unforeseen facts to arise in order that he may drive them back with an arbitrary hand. Qui habet aures audiendi audiat!
The father of a family was the legislator and ruler of it, and his sons, with their wives, and his son's sons, remained with him, sometimes for many years, sharing his means of subsistence, submitting to his authority, and going with him from place to place, with all his flocks and herds.
He speculates upon the chances of a new spirit among men, of an all-wise legislator, and of the beneficent example of colonies upon the later Owenite model. But his book is contemporaneous with our own ideas rather than with the thoughts of his generation. Nor does it seem to have excited any general attention. It is five years after Rousseau that we see the first clear signs of his influence.
"The law," says a modern writer on jurisprudence, "is the expression of a social want, the declaration of a fact: the legislator does not make it, he declares it. 'This definition is not exact. The law is a method by which social wants must be satisfied; the people do not vote it, the legislator does not express it: the savant discovers and formulates it." But in fact, the law, according to M. Ch.
Nay, more, it is only the Divine Being that can fully master this relationship, or so prescribe our duties that they shall ultimately coincide with the general happiness. He allows that the immediate object of the legislator is the general good; but then his relationship is to the community as a whole, and not to any particular individual.
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