America -- History -- Poetry; Columbus, Christopher, 1451-1506 -- Poetry; United States -- History -- Revolution, 1775-1783 -- Poetry
Each of the other legislators above mentioned deserves a particular
consideration, as having acted in stations somewhat similar to that of the
Peruvian patriarch. Three objects are to be attended to by the legislator
of a barbarous people: First, That his system be such as is capable of
reducing the greatest number of men under one jurisdiction: Second, That it
apply to such principles in human nature for its support as are universal
and permanent, in order to insure the duration of the government: Third,
That it admit of improvements correspondent to any advancement in knowledge
or variation of circumstances that may happen to its subjects, without
endangering the principle of government by such innovations. So far as the
systems of such legislators agree with these fundamental principles; they
are worthy of respect; and so far as they deviate, they may be considered
as defective.
To begin with Moses and Lycurgus: It is proper to observe that, in order to
judge of the merit of any institutions, we must take into view the peculiar
character of the people for whom they were framed. For want of this
attention, many of the laws of Moses and some of those of Lycurgus have
been ridiculed and censured. The Jews, when led by Moses out of Egypt, were
not only uncivilized, but having just risen to independence from a state
of servitude they united the manners of servants and savages; and their
national character was a compound of servility, ignorance, filthiness and
cruelty. Of their cruelty as a people we need no other proof than the
account of their avengers of blood, and the readiness with which the
whole congregation turned executioners, and stoned to death the devoted
offenders. The leprosy, a disease now scarcely known, was undoubtedly
produced by a want of cleanliness continued for successive generations.
In this view, their frequent ablutions, their peculiar modes of trial and
several other institutions, may be vindicated from ridicule and proved to
be wise regulations.
The Spartan lawgiver has been censured for the toleration of theft and
adultery. Among that race of barbarians these habits were too general to
admit of total prevention or universal punishment. By vesting all property
in the commonwealth, instead of encouraging theft, he removed the
possibility of the crime; and, in a nation where licentiousness was
generally indulged, it was a great step towards introducing a purity of
manners, to punish adultery in all cases wherein it was committed without
the consent of all parties interested in its consequences.
Public-domain text, read in full here on John Shaqi.
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