The character and genius of a nation may, perhaps, be considered as nearly the same with that of every other in similar circumstances; but the case is very different with respect to individuals, among whom there is often a great diversity, proceeding from no fixed causes that are capable of being ascertained.Thus, in a multitude of dice thrown together at random, the result, at different times, will be nearly equal; but in one or two throws of a single die, very different numbers may often be produced.It is to be expected, therefore, that, though the greater part of the political system of any country be derived from the combined influence of the whole people, a variety of peculiar institutions will sometimes take their origin from the casual interposition of particular persons, who happen to be placed at the head of a community, and to be possessed of singular abilities, and views of policy.This has been regarded, by many writers, as the great source of those differences which are to be found in the laws, and government of different nations.
It is thus that Brama is supposed to have introduced the peculiar customs of Indostan; that Lycurgus is believed to have formed the singular character of the Lacedemonians; and that Solon is looked upon as the author of that very different style of manners which prevailed at Athens.It is thus, also, that the English constitution is understood to have arisen from the uncommon genius, and patriotic spirit of King Alfred.In short, there is scarcely any people, ancient or modern, who do not boast of some early monarch, or statesman, to whom it is pretended they owe whatever is remarkable in their form of government.
But, notwithstanding the concurring testimony of historians, concerning the great political changes introduced by the lawgivers of a remote age, there may be reason to doubt, whether the effect of their interpositions has ever been so extensive as is generally supposed.Before an individual can be invested with so much authority, and possessed of such reflection and foresight as would induce him to act in the capacity of a legislator, he must, probably, have been educated and brought up in the knowledge of those natural manners and customs, which, for ages perhaps, have prevailed among his countrymen.Under the influence of all the prejudices derived from ancient usage, he will commonly be disposed to prefer the system already established to any other, of which the effects have not been ascertained by experience; or if in any case he should venture to entertain a different opinion, he must be sensible that, from the general prepossession in favour of the ancient establishment, an attempt to overturn it, or to vary it in any considerable degree, would be a dangerous measure, extremely unpopular in itself, and likely to be attended with troublesome consequences.
As the greater part of those heroes and sages that are reputed to have been the founders and modellers of states, are only recorded by uncertain tradition, or by fabulous history, we may be allowed to suspect that, from the obscurity in which they are placed, or from the admiration of distant posterity, their labours have been exaggerated, and misrepresented.It is even extremely probable, that those patriotic statesmen, whose existence is well ascertained, and whose laws have been justly celebrated, were at great pains to accommodate their regulations to the situation of the people for whom they were intended; and that, instead of being actuated by a protecting spirit, or attempting from visionary speculations of remote utility, to produce any violent reformation, they confined themselves to such moderate improvements as, by deviating little from the former usage, were in some measure supported by experience, and coincided with the prevailing opinions of the country.All the ancient systems of legislation that have been handed down to us with any degree of authenticity, show evident marks of their having been framed with such reasonable views; and in none of them is this more remarkable than in the regulations of the Spartan Lawgiver, which appear, in every respect, agreeable to the primitive manners of that simple and barbarous people, for whose benefit they were promulgated.
Among the several circumstances which may affect the gradual improvements of society, the difference of climate is one of the most remarkable.In warm countries, the earth is often extremely fertile, and with little culture is capable of producing whatever is necessary for substance.To labour under the extreme heat of the sun is, at the same time, exceedingly troublesome and oppressive.The inhabitants, therefore, of such countries, while they enjoy a degree of affluence, and, while by the mildness of the climate they are exempted from many inconveniencies and wants, are seldom disposed to any laborious exertion, and thus, acquiring habits of indolence, become addicted to sensual pleasure, and liable to all those infirmities which are nourished by idleness and sloth.The people who live in a cold country find, on the contrary, that little or nothing is to be obtained without labour; and being subjected to numberless hardships, while they are forced to contend with the ruggedness of the soil, and the severity of the seasons, in earning their scanty provision, they become active and industrious, and acquire those dispositions and talents which proceed from the constant and vigorous exercise both of the mind and body.
