10.What particular institutions our Author wished to see established in this viewwhat particular duties he would have found for the legislature under this general head of duty,is not very apparent:though it is what should have appeared more precisely than it does,ere his meaning could be apprehended to any purpose.What encreases still the difficulty of apprehending it,is a practice which we have already had more than once occasion to detect him in,(99)a kind of versatility,than which nothing can be more vexatious to a reader who makes a point of entering into the sentiments of his Author.He sets out with the word `duty'in his mouth;and,in the character of a Censor,with all due gravity begins talking to us of what ought to be.`Tis in the midst of this lecture that our Proteus slips aside;puts on the historian;gives an insensible turn to the discourse;and,without any warning of the change,finishes with telling us what is.Between these two points,indeed,the is,and the ought to be,so opposite as they frequently are in the eyes of other men,that spirit of obsequious quietism that seems constitutional in our Author,will scarce ever let him recognize a difference.`Tis in the second sentence of the paragraph that he observes that `it is expedient that they'(the people)`receive directions from the state'(meaning the governing body)`declaratory of that its will'.`Tis in the very next sentence that we learn from him,that what it is thus `expedient'that the state should do,it does do.'But since it is impossible in so great a multitude,to give particular injunctions to even particular man relative to each particular action,therefore,says he 'the state establishes (does actually establish)'general rules (the state generally,any state,that is to say,that one can mention,all states,in short,whatever do establish)'general rules for the perpetual information and direction of all persons in a//points,whether of positive or of negative duty.Thus far our Author;so that,for ought 1appears,whatever he could wish to see done in this view is done.Neither this state of our own,nor any other,does he wish to see do any thing more in the matter than he sees done already;nay,nor than what is sure to be done at all events:
so that happily the duty he is here so forward to lay on his superiors will not sit on them very heavy.Thus far is he from having any determinate instructive meaning in that part of the paragraph in which,to appearance,and by accident,he comes nearest to it.
11.Not that the passage however is absolutely so remote from meaning,but that the inventive complaisance of a commentator of the admiring breed might find it pregnant with a good deal of useful matter.The design of disseminating the knowledge of the laws is glanced at by it at least,with a shew of approbation.Were our Authors writings then as sacred as they are mysterious;and were they in the number of those which stamp the seal of authority on whatever doctrines can be fastened on them;what we have read might serve as a text,from which the obligation of adopting as many measures as a man should deem subservient to that design,might,without any unexampled violence,be deduced.In this oracular passage I might find inculcated,if not totidem syllabis,at least totidem literis,as many points of legislative duty as should seem subservient to the purposes of digestion and promulgation.Thus fortified,Imight press upon the legislature,and that on the score of duty,to carry into execution,and that without delay,many a busy project as yet either unthought of or unheeded.I might call them with a tone of authority to their work:I [might]bid them go make provision forthwith for the bringing to light such scattered materials as can be found of the judicial decisions.
of time past,--sole and neglected materials of common law;--for the registering and publishing of all future ones as they arise;--for transforming,by a digest,the body of the common law thus compleated,into statute-law;--for breaking down the whole together into codes or parcels,as many as there are classes of persons distinguishably concerned in it;--for introducing to the notice and possession of every person his respective code:--works which public necessity cries aloud for,at which professional interest shudders,and at which legislative indolence (100)stands aghast.
12.All these leading points,I say,of legislative oeconomy,with as many points of detail subservient to each as a meditation not unassiduous has suggested,I might enforce,were it necessary,by our Authors oracular authority.For nothing less than what has been mentioned,I trust,is necessary,in order that every man may be made to know,in the degree in which he might and ought to be made to know,what (in our Authors words)'to look upon as his own,what as anothers;what absolute and what relative duties are required at his hands;what is to be esteemed honest,dishonest,or indifferent;what degree every man retains of his natural liberty;what he has given up as the price of the benefits of society;and after what manner each person is to moderate the use and exercise of those rights which the state assigns him,in order to promote and secure the public tranquility.2In taking my leave of our Author,Ifinish gladly with this pleasing peroration:a scrutinizing judgment,perhaps,would not be altogether satisfied with it;but the ear is soothed by it,and the heart is warmed.
13.I now put an end to the tedious and intricate war of words that has subsisted,in a more particular manner during the course of these two last chapters:a logomachy,wearisome enough,perhaps,and insipid to the reader,but beyond description laborious and irksome to the writer.What remedy?Had there been sense,I should have attached myself to the sense:
finding nothing but words;to the words I was to attach myself,or to nothing.
