MOST legislators have been men of inferior capacity whom chance exalted over their fellows, and who took counsel almost exclusively of their own prejudices and whims.

It would seem that they had not even a sense of the greatness and dignity of their work: they amused themselves by framing childish institutions, well devised indeed to please small minds, but discrediting their authors with people of sense.

They flung themselves into useless details; and gave their attention to individual interests: the sign of the narrow genius, which grasps things piecemeal and cannot take a general view.

Some of them have been so affected as to employ another language than the vernacular-a ridiculous thing in a framer of laws; for how can they be obeyed if they are not known?

They have often abolished needlessly those which were already established-that is to say, they have plunged nations into the confusion which always accompanies change.

It is true that, by reason of some extravagance springing rather from the nature than from the mind of man, it is sometimes necessary to change certain laws. But the case is rare; and when it happens it requires the most delicate handling; much solemnity ought to be observed, and endless precautions taken, in order to lead the people to the natural conclusion that the laws are most sacred, since so many formalities are necessary to their abrogation.

Often they have made them too subtle, following logical instead of natural equity. As a consequence such laws have been found too severe; and a spirit of justice required that they should be set aside; but the cure was as bad as the disease. Whatever the laws may be, obedience to them is necessary; they are to be regarded as the public conscience, with which all private consciences ought to be in conformity.

(Letter #79)

The idea of hereditary legislators is as inconsistent as that of hereditary judges, or hereditary juries; and as absurd as an hereditary mathematician, or an hereditary wise man; and as ridiculous as an hereditary poet-laureat.

Some men look at constitutions with sanctimonious reverence, and deem them like the ark of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment. I knew that age well; I belonged to it, and labored with it. It deserved well of its country. It was very like the present, but without the experience of the present; and forty years of experience in government is worth a century of book-reading; and this they would say themselves, were they to rise from the dead. I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with; because, when once known, we accommodate ourselves to them, and find practical means of correcting their ill effects. But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.