2 ON THE ORIGIN AND PROGRESS 



tion of its code, drew their attention away from a critical examination 

 of its merits. Thus it was reserved for that foreigner to unfold 

 before the world the singular merits and benefits of the English 

 Constitution ; and so skilfully has he performed his task, as to attract 

 the gaze of the whole of Europe to that wonderful specimen of legis- 

 lation. The appearance of De Lolme's book created a great sensa- 

 tion throughout Europe (with the exception of the English, who 

 scarcely noticed it) ; and the best spirits of the age were at once 

 awakened and stimulated to a higher order of investigation and en- 

 quiry on that topic. 



Impartial and critical examination generally leads to the discovery 

 of defect. Thus it was with that constitution in question, the admi- 

 ration of which was greatly qualified by the cool analysis and discus- 

 sion of its merits occasioned by the appearance of De Lolme's works. 

 But the source from whence arose that light which most effectually 

 broke up the ancient spell which encircled the English code, was the 

 questions arising out of the American war. The most experienced 

 and talented statesmen of the age concurred in lamenting the adop- 

 tion of those measures which the ministry of that day pursued against 

 America, and which tended to involve the constitution in a mist of 

 ambiguity and uncertainty with regard to public right. The essen- 

 tial conditions, also, which were about that time introduced into the 

 common law — such as the endowment of the judges with a broader 

 degree of independence ; by abolishing the use of general warrants 

 during the legal proceedings against Wilkes ; and the tampering 

 with the natural duties of jurymen, which took place under the minis- 

 try of Fox, with regard to their verdicts — plainly shewed that the 

 constitution was many a wide degree from perfection. The true cha- 

 racter of the English Constitution was not misunderstood by the 

 transatlantic Englishmen ; on the contrary, experience had placed in 

 bold relief full before their eyes its many defective points, and its 

 harsh outline of ancient Norman manners and customs. The Ame- 

 ricans, then, with such a picture before them, and stimulated by an 

 ardent spirit of liberty, found not much difiiculty in framing a consti- 

 tution more m accordance with the principles of general freedom than 

 the one exiodng in the mother country. 



Strictly logical maxims, and profound theories laid down in politics, 

 it is well known, fall far short of their mark in application to practi- 

 cal life ; and well they may : for what human power, however exten- 

 sive and far-seeing, can contrive so perfect a range of policy as to 

 fall in and blend with the numerous chances, accidents, and circum- 



