In the mind of Savigny and his followers their doctrine made for progress and independence, but not for liberty. The notion that each generation of men is powerless over its own fortunes, and receives them subject to inherited conditions, combined well with the rooted conservatism of the country. But it possessed that property of the works of genius, that it could be carried out in opposite directions. If the nation is the source of law, it is reasonable to infer that national consent is a normal element in legislation, and that the State ought legitimately to take its limits from the nation. Niebuhr, in unguarded moments, drew one of these inferences, and Dahlmann the other. And it came to pass that the historical school, having abolished the law of nature which was the motive of 1789, instituted the law of nationality, which became the motive of 1848.
Bishop Stubbs informs us that history is likely to make men wise, and is sure to make them sad. In the long chapter of the melancholy historians no figure is more tragic than Niebuhr, the politician, as Savigny was the civilian, of the school. He had flashes of admiration for the English Government as it appeared under Eldonian auspices; but when the world went off the ancient ways, he lost his temper and his spirits, and his end was a warning to weaker men to keep their studies apart from the hopes and fears of life. Had he survived, he would have been what Radowitz became, the king's intimate adviser. The inflexible qualities which repelled his colleagues and spoilt him for a statesman fitted him for a critical historian. His passion for truthfulness was such that he defied Stein to show that he had ever subscribed himself the obedient servant of a man he did not respect. With his high notions there was no writer whom he could trust, and neither ancient nor modern veracity could stand before him.
The first edition of his Roman History, afterwards repudiated, began the evolution of historic science. It exhibited the theory that truth is not buried underneath tradition—that, although the Romans had forgotten the
