It may, probably, occur to the reader, that I have considered the legislator as always endeavoring to act for the good of the society, and capable of understanding what is for its good, whereas, in reality, the individual or individuals in whom the legislative power is vested, very often neither understand what is for the general welfare, nor act so as to promote it.
This objection carries us to the nature of laws and government, and can, therefore, be only very generally answered.
I would observe, then, that though in other matters, as in projects of distant conquest, or in intrigues for changing the constitution, the legislator may act in opposition to the common interests, yet, speaking generally, in all his proceedings relative to the wealth of the community, it is his aim to act in accordance with them.In despotic governments this is the case, because there the legislator looks on the wealth of the people as his own; in free governments because in them his interests are identified with theirs.It may be that he does not adopt malicious measures for the purpose, but if so, it is his judgment, not his will that is in fault.
Again, it must be granted that the perfection, or imperfection of action or the power invested with legislative authority, depends chiefly on the prevalence or defect, of intelligence and public spirit throughout the community.Every government rests on opinion.Whenever the majority are thoroughly convinced that they would derive advantages from a change in the constitution, or in the person or persons administering it, the time of a revolution approaches.it is only from the members of any society not perceiving what would be for their good, or not believing they call find among them men sufficiently honest or intelligent to execute what would promote it, that the legislative power can be greatly or permanently vicious or defective.There is always a close connexion between the nature of the people and of the government.Despotism and anarchy imply a general debasement iu the intellectual and moral powers; freedom and order, au elevation of them.The more despotic the government the more dependent on the will or caprice of a single person, the more it is subject to error in all legislative measures.The more despotic the government, however, the less also the intelligence, and the greater the selfishness, and consequently the.vanity of the governed.The less, also, the inventive power, and the advance in science and art, and the greater the addiction to luxury.(162) But the less the comparative advance in science and art, and the greater the addiction to luxury, the greater facility is given to such operations of the legislator as have for their aim to increase the wealth of the community.
The farther any society is behind others in a knowledge of the useful arts, the greater the number of new arts that may be introduced; the larger the amount of luxury that prevails in it, the greater the revenue that may be raised by taxation without interfering with individual income.Hence, speaking generally, if legislators in despotic governments, were other circumstances equal, would be more prone to go wrong; they have there so great facility in acting, that they have greater chance to go right.
A reference to examples will make this apparent.If, for an instance of one of the most ignorant and slavish of existing societies, we turn to some one of the islands of the South Sea, it will be allowed that a legislator of intelligence and perseverance might there effect much good by introducing among them the arts of men farther advanced in the career of improvement.Though we cannot expect to find such a legislator there, one would be inclined to augur favorably of the effects likely to result from the unskilful efforts of even any of their barbarous chiefs, directed to so praiseworthy an object.We should not conceive he wasted the resources of his country, by turning part of the national funds to such purposes.
Of extensive countries where unmitigated slavery and despotism prevail, Egypt is perhaps most under the eye of Europeans.It is not, however, commonly believed by them, that the projects of its present ruler for the introduction into it of modern science and art, are inconsistent with the dictates of sound policy.Facts would demonstrate the fallacy of any such supposition.
Errors, no doubt, may have been, and may be committed, but the good assuredly overbalances the evil.The revolution wrought in Russia by Peter the Great, is another instance of the same sort.In such cases the power of the.legislator to effect beneficial changes is so great, that even his most blundering efforts are seldom altogether successless.A fruitful soil yields large returns, even to a very unskilful husbandman.If we pass from them to governments, of which freedom, intelligence, and public spirit, are the moving powers, we find there, that though the capacity to produce good is diminished, the liability to error is also diminished.It were folly in the legislature of the United States, to imagine itself capable of giving an impulse so sudden and great, to the resources of the country, as that brought about in Egypt by the present Pacha, or in Russia by the first Peter.It has the advantage, however, of being much less liable to error.Every important measure there agitated, before it can be adopted, is subjected to the scrutiny of great numbers of intelligent and well informed individuals, stimulated alike by their regard to their country and to themselves, to trace out with accuracy its future operation and effects.By this means the greatest security, of which the nature of human affairs admits, is given against the adoption of impolitic or hurtful schemes.With such cautions, the legislator may with prudence undertake a series of measures, that, under other circumstances, were of very doubtful expediency.
