Eclectic Magazine of Foreign Literature, Science, and Art, May 1885Various
History
Eclectic Magazine of Foreign Literature, Science, and Art, May 1885
Various
American literature -- Periodicals; Literature -- Periodicals
They were agreed that our
representative system was practically perfect; that religious dissent
is subversive of civil government; and that the people were bound by
their original contract to a scheme of government fundamentally and
inviolably fixed on king, lords, and commons. Burke was among the first
to read and admire the _Commentaries_; and had Blackstone lived ten
years longer he would have read the _Reflections on the Revolution in
France_, and applauded every word. We might describe him, in fact, as a
Burke with the genius left out.
[11] This is Fox’s comment on the passage:—“How vain, then, how idle,
how presumptuous is the opinion that laws can do everything! and how
weak and pernicious the maxim founded upon it, that measures, not men,
are to be attended to!”
Over Blackstone’s mind the antiquity of the constitution exercised a
potent spell. The retrospective imagination, as it has been called,
made him regard with reverence institutions that reach back to a time
whereof the memory of man runneth not to the contrary. The parliament
and the monarchy, the sheriff, the corner, and trial by jury, seemed
to be less the work of man’s hands than to partake of the dignity and
immutability of the laws of nature; and the sense of trivial anomalies
was lots in the veneration which he felt for a system of laws embodying
in unbroken continuity the wisdom of a thousand years. It is not an
unworthy emotion. There are few, let us hope, who have never been
stirred by reflecting on the growth of that English liberty, which
finds splendid voice in the prose of Milton, and whose presence, with
“its gallery of portraits, its monumental inscriptions, its records,
evidences, and titles,” glows in every line of Burke. On its practical
side the emotion may be healthy or may be baneful. We call him the
crudest of politicians who never reflects that our laws have grown with
the people, that they contain the experience of a nation, and are not
the paper schemes of clever theorists, and that they are surrounded
by traditions which no convulsion ever swept away and which give them
half their strength. It is this that a greater lawyer than Blackstone
meant when he said that time is the wisest thing in the inferior world.
But to timid natures antiquity becomes the proof, and not merely the
evidences of excellence; so that the mind is led to make a severance
between the past and the present, and while respecting the constitution
as a thing of gradual growth to forget that the growth continues.
Blackstone’s whole nature was affected by this illusion of distance. It
distorted alike his historical beliefs and his practical judgments. It
made him maintain, as Bolingbroke did, that our liberties are but the
restoration of the ancient constitution of which our Saxon forefathers
were deprived by the policy and force of the Normans. To Montesquieu’s
opinion that as Rome, Sparta, and Carthage lost their liberties, so
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