What is most curious is, that while the belief of equality may influence institutions and manners, there is not a nation, nor an individual but renders homage to the contrary sentiment. Who has not heard of the distinctive traits of the Frenchman, the German, the Spaniard, the English, the Russ. One is called sprightly and volatile, but brave; the other is sober and meditative; a third is noted for his gravity; a fourth is known by his coldness and reserve, and his eagerness of gain; a fifth, on the contrary, is notorious for reckless expense. I shall not express any opinion upon the accuracy of these distinctions, I merely point out that they are made daily and adopted by common consent. The same has been done in all ages. The Roman of Italy distinguished the Roman of Greece by the epithet Græculus, and attributed to him, as characteristic peculiarities, want of courage and boastful loquacity. He laughed at the colonist of Carthage, whom he pretended to recognize among thousands by his litigious spirit and bad faith. The Alexandrians passed for wily, insolent, and seditious. Yet the doctrine of equality was as universally received among the Romans of that period as it is among ourselves. If, then, various nations display qualities so different; if some are eager for war and glory; others, lovers of their ease and comfort, it follows that their destinies must be very diverse. The strongest will act in the great tragedy of history the roles of kings and heroes, the weaker will be content with the humbler parts.
I do not believe that the ingenuity of our times has succeeded in reconciling the universally adopted belief in the special character of each nation with the no less general conviction that they are all equal. Yet this contradiction is very flagrant, the more so as its partisans are not behindhand in extolling the superiority of the Anglo-Saxons of North America over all the other nations of the same continent. It is true that they ascribe that superiority to the influence of political institutions. But they will hardly contest the characteristic aptitude of the countrymen of Penn and Washington, to establish wherever they go liberal forms of government, and their still more valuable ability to preserve them, when once established. Is not this a very high prerogative allotted to that branch of the human family? the more precious, since so few of the groups that have ever inhabited the globe possessed it.
I know that my opponents will not allow me an easy victory. They will object to me the immense potency of manners and institutions; they will show me how much the spirit of the government, by its inherent and irresistible force, influences the development of a nation; how vastly different will be its progress when fostered by liberty or crushed by despotism. This argument, however, by no means invalidates my position.
Political institutions can have but two origins: either they emanate from the people which is to be governed by them, or they are the invention of a foreign nation, by whom they are imposed, or from whom they are copied.
In the former case, the institutions are necessarily moulded upon the instincts and wants of the people; and if, through carelessness or ignorance, they are in aught incompatible with either, such defects will soon be removed or remedied. In every independent community the law may be said to emanate from the people; for though they have not apparently the power of promulgating it, it cannot be applicable to them unless it is consonant with their views and sentiments: it must be the reflex of the national character.[64] The wise law-giver, to whose superior genius his countrymen seem solely indebted, has but given a voice to the wants and desires of all. The mere theorist, like Draco, finds his code a dead letter, and destined soon to give place to the institutions of the more judicious philosopher who would give to his compatriots "not the best laws possible, but such only as they were capable of receiving." When Charles I., guided by the fatal counsels of the Earl of Strafford, attempted to curb the English nation under the yoke of absolutism, king and minister were treading the bloody quagmire of theories. But when Ferdinand the Catholic ordered those terrible, but, in the then condition of the nation, politically necessary persecutions of the Spanish Moors, or when Napoleon re-established religion and authority in France, and flattered the military spirit of the nation—both these potentates had rightly understood the genius of their subjects, and were building upon a solid and practical foundation.
False institutions, often beautiful on paper, are those which are not conformed to the national virtues or failings, and consequently unsuitable to the country, though perhaps perfectly practicable and highly useful in a neighboring state. Such institutions, were they borrowed from the legislation of the angels, will produce nothing but discord and anarchy. Others, on the contrary, which the theorist will eschew, and the moralist blame in many points, or perhaps throughout, may be the best adapted to the community. Lycurgus was no theorist; his laws were in strict accordance with the spirit and manners of his countrymen.[65] The Dorians of Sparta were few in number, valiant, and rapacious; false institutions would have made them but petty villains—Lycurgus changed them into heroic brigands.[66]
The influence of laws and political institutions is certainly very great; they preserve and invigorate the genius of a nation, define its objects, and help to attain them; but though they may develop powers, they cannot create them where they do not already exist. They first receive their imprint from the nation, and then return and confirm it. In other words, it is the nation that fashions the laws, before the laws, in turn, can fashion the nation. Another proof of this fact are the changes and modifications which they undergo in the course of time.
I have already said above, that in proportion as nations advance in civilization, and extend their territory and power, their ethnical character, and, with it, their instincts, undergo a gradual alteration. New manners and new tendencies prevail, and soon give rise to a series of modifications, the more frequent and radical as the influx of blood becomes greater and the fusion more complete.
England, where the ethnical changes have been slower and less considerable than in any other European country, preserves to this day the basis of the social system of the fourteenth and fifteenth centuries. The municipal organization of the times of the Plantagenets and the Tudors flourishes in almost all its ancient vigor. There is the same participation of the nobility in the government, and the same manner of composing that nobility; the same respect for ancient families, united to an appreciation of those whose merits raise them above their class. Since the accession of James I., and still more since the union, in Queen Anne's reign, there has indeed been an influx of Scotch and Irish blood; foreign nations have also, though imperceptibly, furnished their contingent to the mixture; alterations have consequently become more frequent of late, but without, as yet, touching the original spirit of the constitution.
In France, the ethnical elements are much more numerous, and their mixtures more varied; and there it has repeatedly happened that the principal power of the state passed suddenly from the hands of one race to those of another. Changes, rather than modifications, have therefore taken place in the social and political system; and the changes were abrupt or radical, in proportion as these races were more or less dissimilar. So long as the north of France, where the Germanic element prevailed, preponderated in the policy of the country, the fabric of feudalism, or rather its inform remains, maintained their ground. After the expulsion of the English in the fifteenth century, the provinces of the centre took the lead. Their efforts, under the guidance of Charles VII., had recently restored the national independence, and the Gallo-Roman blood naturally predominated in camp and council. From this time dates the introduction of the taste for military life and foreign conquests, peculiar to the Celtic race, and the tendency to concentrate and consolidate the sovereign authority, which characterized the Roman. The road being thus prepared, the next step towards the establishment of absolute power was made at the end of the sixteenth century, by the Aquitanian followers of Henry IV., who had still more of the Roman than of the Celtic blood in their veins. The centralization of power, resulting from the ascendency of the southern populations, soon gave Paris an overweening preponderance, and finally made it, what it now is, the sovereign of the state. This great capital, this modern Babel, whose population is a motley compound of all the most varied ethnical elements, no longer had any motive to love or respect any tradition or peculiar tendency, and, coming to a complete rupture with the past, hurried France into a series of political and social experiments of doctrines the most remote from, and repulsive to, the ancient customs and traditional tendencies of the realm.