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cratic than this system of legislation. Yet in America it is the poor who make the law, and they usually reserve the greatest social advantages to themselves. The explanation of the phænomenon is to be found in England; the laws of which I speak are English[1], and the Americans have retained them, however repugnant they may be to the tenor of their legislation and the mass of their ideas.
Next to its habits, the thing which a nation is least apt to change is its civil legislation. Civil laws are only familiarly known to legal men, whose direct interest it is to maintain them as they are, whether good or bad, simply because they themselves are conversant with them. The body of the nation is scarcely acquainted with them; it merely perceives their action in particular cases; but it has some difficulty in seizing their tendency, and obeys them without premeditation.
I have quoted one instance where it would have been easy to adduce a great number of others.
The surface of American society is, if I may use the expression, covered with a layer of democracy, from beneath which the old aristocratic colours sometimes peep.
- ↑ See Blackstone; and Delolme, book I. chap. x.
