455
It may be apprehended that men, perpetually thwarted in their designs by the mutability of legislation, will learn to look upon republican institutions as an inconvenient form of society; the evil resulting from the instability of the secondary enactments, might then raise a doubt as to the nature of the fundamental principles of the constitution, and indirectly bring about a revolution; but this epoch is still very remote.
[It has been objected by an American review, that our author is mistaken in charging our laws with instability, and in answer to the charge, the permanence of our fundamental political institutions has been contrasted with the revolutions in France. But the objection proceeds upon a mistake of the author's meaning, which at this page is very clearly expressed. He refers to the instability which modifies secondary laws, and not to that which shakes the foundations of the constitution. The distinction is equally sound and philosophic, and those in the least acquainted with the history of our legislation, must bear witness to the truth of the author's remarks. The frequent revisions of the statutes of the states rendered necessary by the multitude, variety, and often the contradiction of the enactments, furnish abundant evidence of this instability.—American Editor.]
It may, however, be foreseen, even now, that when the Americans lose their republican institutions, they will speedily arrive at a despotic government, without a long interval of limited monarchy. Montesquieu remarked, that nothing is more absolute than the authority of a prince who immediately succeeds a republic, since the powers which had fearlessly been intrusted to an elected magistrate are then transferred to an hereditary sovereign. This is true in general, but it is more peculiarly applicable to a democratic republic. In the United States, the magistrates are not elected by a particular class of citizens, but by the majority of the nation; they are the immediate representatives of the passions of the multitude; and as they are wholly dependant upon its pleasure, they excite neither hatred nor fear: hence, as I have already shown, very little care has been taken to limit their influence, and they are left in possession of a vast deal of arbitrary power. This state of things has engendered habits which would outlive itself; the American magistrate would retain his power, but he would cease to be responsible for the exercise of it; and it is impossible to say what bounds could then be set to tyranny.
Some of our European politicians expect to see an aristocracy
