2. This system would have the effect, first, that the constitution would be very short. The impracticability of obtaining the free approbation of a great number of districts to an extensive code would speedily manifest itself; and the whole constitution might consist of a scheme for the division of the country into parts equal in their population, and the fixing of stated periods for the election of a national assembly, not to say that the latter of these articles may very probably be dispensed with.[118]
A second effect would be, that it would soon be found a proceeding unnecessarily circuitous to send laws to the districts for their revision, unless in cases essential to the general safety, and that in as many instances as possible the districts would be suffered to make laws for themselves. "Thus, that which was at first a great empire with legislative unity would speedily be transformed into a confederacy of lesser republics, with a general congress or Amphictyonic council, answering the purpose of a point of co-operation upon extraordinary occasions."[119]
A third effect would consist in the gradual cessation of legislation. "A great assembly collected from the different provinces of an extensive territory, and constituted the sole legislator of those by whom the territory is inhabited, immediately conjures up to itself an idea of the vast multitude of laws that are necessary. A large city, impelled by the principles of commercial jealousy, is not slow to digest the volume of its by-laws and exclusive privileges. But the inhabitants of a small parish, living with some degree of that simplicity which best corresponds with nature, would soon be led to suspect that general laws were unnecessary, and would adjudge the causes that came before them, not according to certain axioms previously written, but according to the circumstances and demands of each particular cause."[120]
A fourth effect would be that the abrogation of property would be favored. "All equalization of rank and station strongly tends toward an equalization of possessions."[121] So not only the lower orders, but also the higher, would see the injustice of the present distribution of property.[122] "The rich and great are far from callous to views of general felicity, when such views are brought before them with that evidence and attraction of which they are susceptible."[123] But even so far as they might think only of their own emolument and ease, it would not be difficult to show them that it is in vain to fight against truth, and dangerous to bring upon themselves the hatred of the people, and that it might be to their own interest to make up their minds to concessions at least.[124]
FOOTNOTES:
[25] Godwin pp. IX-X [1. VI-VII].
[26] Ib. pp. 548-9 [2. 132-3].
[27] Ib. p. 90 [1, 120].
[28] Ib. p. 150 [1, 164].