government which prevails is the expression of what cultivation exists in the population which permits it. The law is only a memorandum. We are superstitious, and esteem the statute somewhat: so much life as it has in the character of living men is its force. The statute stands there to say. Yesterday we agreed so and so, but how feel ye this article to-day? Our statute is a currency which we stamp with our own portrait: it soon becomes unrecognizable, and in process of time will return to the mint. Nature is not democratic nor limited-monarchical, but despotic, and will not be fooled or abated of any jot of her authority by the pertest of her sons; and as fast as the public mind is opened to more intelligence, the code is seen to be brute and stammering. It speaks not articulately, and must be made to. Meantime the education of the general mind never stops. The reveries of the true and simple are prophetic. What the tender poetic youth dreams, and prays, and paints to-day, but shuns the ridicule of saying aloud, shall presently be the resolutions of public bodies; then shall be carried as grievance and bill of rights through conflict and war, and then shall be triumphant law and establishment for a hundred years, until it gives place in turn to new prayers and pictures. The history of the State sketches in coarse outline the progress of thought, and follows at a distance the delicacy of culture and of aspiration.
The theory of politics which has possessed the mind of men, and which they have expressed the best they could in their laws and in their revolutions, considers persons and property as the two objects for whose protection government exists. Of persons, all have equal rights, in virtue of being identical in nature. This interest of course with its whole power demands a democracy. Whilst the rights of all as persons are equal, in virtue of their access to reason, their rights in property are very unequal. One man owns his clothes, and another owns a county. This accident, depending primarily on the skill and virtue of the parties, of which there is every degree, and secondarily on patrimony, falls unequally, and its rights of course are unequal. Personal rights, universally the same, demand a government framed on the ratio
