parties to the transaction should be present on the very ground; then it was enough to carry a clod from it into court; afterwards a few formal words were deemed sufficient; and, at last, even these were dispensed with. In general, and especially in the less enlightened nations, the juridical constitution has exercised an important influence on legislation—an influence often far from being limited to mere formalities. The Roman doctrine of pacts and contracts occurs to me to supply the place of other examples; and although it is a subject which has been but little examined or explained as yet, it can hardly be regarded from any other point of view than that suggested by the above considerations. To inquire into this influence on different terns of legislation in different times and nations, would not only be useful in many important respects, but would be especially valuable in this—that it would determine what kind of enactments might be generally necessary, and what were founded only on local and peculiar circumstances. Even though it were possible, however, it might be scarcely advisable to abolish all limitations of this nature. Tor, firstly, there would be too great facility afforded for forgeries, such as the substitution of false documents, etc.; and secondly, lawsuits would be multiplied, or, it this does not perhaps appear to be itself an evil, there would be too frequent opportunities of disturbing the peace of others, by kindling useless disputes. Now it is that very spirit of contention which manifests itself in lawsuits, which (apart from the loss of time, fortune, and equanimity it occasions the citizen) operates most banefully on the character; while to compensate for these evils, it is attended with no useful consequences whatever. The disadvantage, on the other hand, of too many formalities are the increased difficulty of transacting business and the restrictions imposed on freedom, which are, in any relation, of critical import-
