That the effort may bear a proportion to the exigence,
it is fit it should be known,—known in
its quality, in its extent, and in all the circumstances
which attend it. Great reverses of fortune there
have been, and great embarrassments in council:
a principled regicide enemy possessed of the most
important part of Europe, and struggling for the rest;
within ourselves a total relaxation of all authority,
whilst a cry is raised against it, as if it were the
most ferocious of all despotism. A worse phenomenon:
our government disowned by the most efficient member
of its tribunals,—ill-supported by any of
their constituent parts,—and the highest
tribunal of all (from causes not for our present purpose
to examine) deprived of all that dignity and all that
efficiency which might enforce, or regulate, or, if
the case required it, might supply the want of every
other court. Public prosecutions are become little
better than schools for treason,—of no use
but to improve the dexterity of criminals in the mystery
of evasion, or to show with what complete impunity
men may conspire against the commonwealth, with what
safety assassins may attempt its awful head.
Everything is secure, except what the laws have made
sacred; everything is tameness and languor that is
not fury and faction. Whilst the distempers of
a relaxed fibre prognosticate and prepare all the
morbid force of convulsion in the body of the state,
the steadiness of the physician is overpowered by the
very aspect of the disease.[22] The doctor of the
Constitution, pretending to underrate what he is not
able to contend with, shrinks from his own operation.
He doubts and questions the salutary, but critical,
terrors of the cautery and the knife. He takes
a poor credit even from his defeat, and covers impotence
under the mask of lenity. He praises the moderation
of the laws, as in his hands he sees them baffled and
despised. Is all this because in our day the statutes
of the kingdom are not engrossed in as firm a character
and imprinted in as black and legible a type as ever?
No! the law is a clear, but it is a dead letter.
Dead and putrid, it is insufficient to save the state,
but potent to infect and to kill. Living law,
full of reason, and of equity and justice, (as it
is, or it should not exist,) ought to be severe, and
awful too,—or the words of menace, whether
written on the parchment roll of England or cut into
the brazen tablet of Borne, will excite nothing but
contempt. How comes it that in all the state prosecutions
of magnitude, from the Revolution to within these
two or three years, the crown has scarcely ever retired
disgraced and defeated from its courts? Whence
this alarming change? By a connection easily felt,
and not impossible to be traced to its cause, all
the parts of the state have their correspondence and
consent. They who bow to the enemy abroad will
not be of power to subdue the conspirator at home.
It is impossible not to observe, that, in proportion
as we approximate to the poisonous jaws of anarchy,