This consideration must sufficiently persuade an impartial mind that, whatever inconveniences may arise from the passions of men, the introduction of fixed laws cannot be the genuine remedy . Let us consider what would be the operation and progressive state of these passions, provided men were trusted to the guidance of their own discretion. Such is the discipline that a reasonable state of society employs with respect to man in his individual capacity: why should it not be equally valid with respect to men acting in a collective capacity? Inexperience and zeal would prompt me to restrain my neighbour whenever he is acting wrong, and, by penalties and inconveniences designedly interposed, to cure him of his errors. But reason evinces the folly of this proceeding, and teaches me that, if he be not accustomed to depend upon the energies of intellect, he will never rise to the dignity of a rational being. As long as a man is held in the trammels of obedience, and habituated to look to some foreign guidance for the direction of his conduct, his understanding and the vigour of his mind will sleep. Do IChapter esire to raise him to the energy of which he is capable? I must teach him to feel himself, to bow to no authority, to examine the principles he entertains, and render to his mind the reason of his conduct.
The habits which are thus salutary to the individual will be equally salutary in the transactions of communities. Men are weak at present, because they have always been told they are weak, and must not be trusted with themselves. Take them out of their shackles, bid them enquire, reason and judge, and you will soon find them very different beings. Tell them that they have passions, are occasionally hasty, intemperate and injurious, but they must be trusted with themselves. Tell them that the mountains of parchment in which they have been hitherto entrenched are fit only to impose upon ages of superstition and ignorance; that henceforth we will have no dependence but upon their spontaneous justice; that, if their passions be gigantic, they must rise with gigantic energy to subdue them; that, if their decrees be iniquitous, the iniquity shall be all their own. The effect of this disposition of things will soon be visible; mind will rise to the level of its situation; juries and umpires will be penetrated with the magnitude of the trust reposed in them.
It may be no uninstructive spectacle to survey the progressive establishment of justice in the state of things which is here recommended. At first, it may be, a few decisions will be made uncommonly absurd or atrocious.
But the authors of these decisions will be confounded, with the unpopularity and disgrace in which they have involved themselves. In reality , whatever were the original source of law, it soon became cherished as a cloak for oppression. Its obscurity was of use to mislead the inquisitive eye of the sufferer. Its antiquity served to divert a considerable part of the odium from the perpetrator of the injustice to the author of the law; and, still more, to disarm that odium by the influence of superstitious awe.
It was well known that unvarnished, barefaced oppression could not fail to be the victim of its own operations.
To this statement it may indeed be objected 'that bodies of men have often been found callous to censure, and that the disgrace, being amicably divided, is intolerable to none'. In this observation there is considerable force, but it is inapplicable to the present argument. To this species of abuse one of two thing is indispensably necessary, either numbers of secrecy . To this abuse therefore it will be a sufficient remedy that each jurisdiction be considerably limited, and all transactions conducted in an open and explicit manner. -- To proceed.
