Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/616

604 ted to prevent legislatures from introducing legal oppression. Yet we see them suffering law, from a superstitious veneration for a feudal ceremony, highly favourable to the objects of all aristocracies of interest, which will use it to secure the species of property arising from legal frauds, by inculeating an opinion, that it is dangerous to amend constitutions. Such an opinion deserves consideration, as a powerful ally of the two forms, by which the negative of a minority retains obnoxious laws, and the only practicable mode of instruction, is disqualified for restraining perfidious agents.

As the human mind is unable to foresee or to provide against its own devices; a code of political law, is as unable to provide completely for the safety of publick rights, as a code of civil, for private. Perhaps this is making too great a concession to the adversaries of amending constitutions, and that it might with justice be asserted, that it is much more difficult foresee and restrain the arts of cunning politicians, aided by means infinitely greater, than those of ignorant, disunited individuals.

Suppose a legislature appointed to prepare a code of civil law, to be dissolved upon a supposition that the work was perfected. If crimes and evasions, unforeseen and unprovided against, should occur, who would contend that it would ruin the nation, should it appoint another legislature to correct these crimes and evasions? Criminals and sophists. Ought nations to hallow guilt or errour by suffering the evils they cause?

The temptations to violate political law are greater, and the danger of punishment less, than in the case of civil law. In one case, wealth and power are solicitors for crime; in the other, temptation is comparatively trivial, and the spectre of punishment stares it in the face. Will the terror of the gallows seduce men to violate civil law, and the allurement of wealth and power deter them from violating political, so that the stratagems of theft must be eternally met by new remedies, whilst those of avarice and