have supposed would be of universally admitted utility, as a private enterprise, would diminish in utility, in consequence of being drawn up with the greater deliberation and solemnity, necessary to a legislative ordinance. The work of course would be prepared by the ablest lawyers and judges of the day, who are authorised on every point to decide what the law is; and would receive the sanction of the legislative body, which is authorised on any point to declare what the law ought to be, within the limits of the Constitution. Moreover, approaches have been made even in England and America to codifying, in this sense; and further approaches are daily making. Every consolidated act is of the nature of a chapter of a code. Two such chapters in the code of the United States have passed the House of Representatives the last winter; one merely administrative, the other in the highest walks of penal jurisprudence. We allude to the Post Office bill, and to Mr Webster's law against certain crimes and misdemeanors. Every bankrupt act is an important section of a code. Lord Ellenborough's Statute, 43 Geo. III. c. 58, was such a section, and scarcely a session of Parliament or of Congress passes without one. work, therefore, is constantly doing in part, and irregularly? Why not do it in the form of an entire perfect system? But it is idle to make remarks on a subject, which volumes would not exhaust, and we therefore drop it.

The

ART. VIII.-1. An Oration pronounced at Cambridge, before the Phi Beta Kappa Society, August 27, 1824. By EDWARD EVERETT. Published by Request. 8vo. pp. 67. Boston.

2. An Oration delivered at Plymouth, December 22, 1824. By EDWARD EVERETT. Boston. 8vo. pp. 73. Cummings, Hilliard and Co.

As the occasion on which the first of these orations was pronounced, in presence of the Nation's Guest, and before an assemblage of eminent persons from all parts of the Union, was one of rare occurrence and deep interest, so the subject

chosen by the orator was well calculated to suit the dignity of the occasion, and to command the attention of his hearers and of the public. This subject was, 'The peculiar motives to intellectual exertion in America.' A topic so comprehensive, and touching so closely the political condition, the institutions, and prospects of our country, could hardly fail to open a rich field for inquiry and discussion, for ingenious argument, plausible conjecture, and eloquent illustration. The author's method, and the ability and success with which he has accomplished the task he set himself, will appear as we proceed.

Hume long ago attempted to demonstrate, that it was not possible for the arts and sciences, or those acquisitions, which constitute the refinement of intellect and manners, to take their rise under any other than a free government. He lays it down as an axiom, that in a community there must be laws before the desire of knowledge; for laws give security, this prompts to curiosity, and hence inquiry, which is the prelude to knowledge. An absolute despotism is in its nature without laws; the will of the sovereign is supreme, and as no rules exist from which the people can anticipate the mode, in which his judgment or caprice will induce him to decide and act, it follows that no sense of security, no settled confidence in the governing power remains. The case will not be altered, into whatever number of departments a despotic government may be divided. The head may delegate a portion of his authority to subordinate governors, but each of these, having no laws to guide them, will be a despot, and the security of the people will be in the same state of jeopardy, as if there were no such division of power. The moment you establish laws, you weaken the despotism, and give the people some influence in their own government. These laws will be binding on the rulers and the ruled, forming a known system, and thus far giving security. If they are oppressive, the people can take measures to lighten the burden, by making it expedient for the governing power to adopt modifications and improvements. Such was the process in Rome, when the authority of the consuls was absolute, and they decided all causes without any other statutes than their own opinions. The people grew impatient, the decemvirs were chosen, and the laws of the twelve tables pro

mulgated, which became gradually enlarged and formed into a system, that answered all the purposes of a government essentially free. It is, moreover, impossible for the arts and sciences to take root in a despotism, because, till they have gained some degree of ascendency, the monarch himself must be unenlightened, and ignorant of the modes of establishing forms of government suited to embrace the complicated operation of laws, and the machinery necessary for preserving a balance among the various subordinate departments.

Now, whether this argument of Hume may not be at little too specious, to be set down as a practical axiom in politics, we shall not decide. The theory appears sufficiently sound, and is probably borne out by facts as far as history records them; but when we go back so remotely into the ages that have been, and search for the origin of governments, and the first dawnings of the arts and sciences, we grope in a darkness too profound to enable us to fortify our discoveries by any substantial historical testimony. As all governments must have originated in the consent of the people, it is hardly probable that any forms have long subsisted wholly independent of law, or so despotic as not to afford security enough to give the mind leisure to become enamored of knowledge, and freedom to pursue it within certain limits. Nor could there have been occasion forcibly to narrow these limits; the progress of acquirement must have been gradual, and rarely so rapid as to alarm the jealousy of despotism. Hence knowledge and laws sprang up together, and the question, as to which took the lead in the primitive forms of government, if it be not idle to ask it, will hardly be answered with the present imperfect light, which the world has on the subject.

Nor indeed is it of much consequence now, at what time, or under what kind of government, the human mind began first to put forth its strength. In the present state of political advancement, it is mainly important to know the tendency of different forms, as it has been tested by experiment, and is now developing itself in the various systems, old and new, of civilised nations. Every day opens some untried point of observation, and if future legislators shall have the wisdom. to remedy the errors, which, aided by the experience of the past and the enlightened influence of the age, they have the

sagacity to detect, we may safely conclude, that the development of wise political principles, and all the means for attaining the desirable ends of government, will advance with as sure and quick a step, as the discoveries in physical and moral nature, or improvements in the arts and sciences. But this state of things necessarily supposes freedom, the same freedom to investigate the laws, by which men are held together in society, as those which regulate the heavenly orbs in their motions, or the affinities of simple or compound bodies. If the mathematician may carry his analysis beyond the depths of former knowledge, and discover new theorems to clear up the mysteries of the planetary motions, if the chemist may bring new minerals and gases to light, and place them among the elements of his science, let the statesman have the same liberty, let him explore the science of government and the principles of human action, and where he makes a discovery, let it be established as a new point gained. The boundaries of philosophy and reason, of enterprise and intelligence, will thus be enlarged, and these will work together in demolishing the barriers to political improvement, reared by the ignorance of former ages, and too long upheld by superstition, interest, and the tyranny of

custom.

The history of the last half century has clearly shown the tendency of opinion on this subject. Where an opportunity has occurred for changing old forms, or establishing new ones, free institutions have been the basis on which men have struggled to build up their political fortunes. The business of making kings, creating nobles, and bowing before crowned heads, has no longer any favor in the eyes of those, who are seeking to organise such a system of government, as will secure their political rights and social happiness. And the experiment of free institutions has been tried with so much success, and is now going on with so encouraging a promise throughout this whole western continent, that it would already be an idle dream to anticipate the day, when a retrograde movement shall begin, or when the progress of intelligence, liberty, and just political principles, will not be as sure and constant, as that of time itself. To investigate the influence, which these free institutions are likely to have on the condition of the millions and millions of human beings,

destined to be brought under their control, is an employment of the most interesting nature. Professor Everett pursues the inquiry with particular relation to our own country, but his discussion admits of a general application, and may be considered as having a bearing not less strong on all free governments.

To a citizen of the United States it is in the highest degree amusing, to observe the speculations into which our brethren, on the other side of the water, allow themselves to be drawn, when they touch on the politics of America. Sixteen years only have passed away, since the Edinburgh Reviewers, professing a kindly interest in our affairs, lamented, in terms truly bewailing, the self destroying tendency of what they were pleased to consider our ill contrived and disjointed political fabric, and ventured most lugubrious predictions of its premature dissolution. They were constrained to call it an 'absurdity,' and, bemoaning its inherent aptness to 'dismemberment and ruin,' they, in a very solemn manner, advised the American reformers, to think of gradually dissolving their state governments, and really incorporating themselves into one people, and one name.' In time of peace they thought it might be possible to keep the government together, but war they assured us would give a tremendous shock,' and 'the whole frame of the constitution would be in danger of falling to pieces.' A pitiable prospect truly! how have these ominous predictions been verified? We have gone on gathering strength every day, new states have been taken into the Union, our numbers have increased with a rapidity unexampled, and the most sanguine patriot of the revolution, in the brightest visions of his country's rising glory, could never have anticipated a success so decided, or a prosperity so unchecked, as this whole nation has enjoyed up to the present moment. We have had a war, under circumstances of high party excitement and peculiar disadvantages, but no shock has been felt, nor have the pillars of government been moved in the slightest degree. So far from shaking the frame of the constitution, this war contributed, more than anything else has done, to test its stability, and consolidate its parts; the public mind was brought to act in a common cause; a national feeling was kindled, and local partialities were swallowed up in the greater interests VOL. XX.-No. 47.

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And