The Spartan lawgiver has been censured for the toleration of theft and adultery. Among that race of barbarians these habits were too general to admit of total prevention or universal punishment. By vesting all property in the commonwealth, instead of encouraging theft he removed the possibility of the crime; and, in a nation where licentiousness was generally indulged, it was a great step towards introducing a purity of manners, to punish adultery in all cases wherein it was committed without the consent of all parties interested in its consequences.
Until the institution of representative republics, which are of recent date, it was found that those constitutions of government were best calculated for immediate energy and duration, which were interwoven with some religious system. The legislator who appears in the character of an inspired person renders his political institutions sacred and interests the conscience as well as the judgment in their support. The Jewish lawgiver had this advantage over the Spartan: he appeared not in the character of a mere earthly governor, but as an interpreter of the divine will. By enjoining a religious observance of certain rites he formed his people to habitual obedience; by directing their cruelty against the breakers of the laws he at least mitigated the rancor of private hatred; by directing that real property should return to the original families in the year of Jubilee he prevented too great an inequality of wealth; and by selecting a single tribe to be the interpreters of religion he prevented its mysteries from being the subject of profane and vulgar investigation. With a view of securing the permanence of his institutions, he prohibited intercourse with foreigners by severe restrictions and formed his people to habits and a character disagreeable to other nations; so that any foreign intercourse was prevented by the mutual hatred of both parties.
To these institutions the laws of Lycurgus bear a striking resemblance. The features of his constitution were severe and forbidding; it was however calculated to inspire the most enthusiastic love of liberty and martial honor. In no country was the patriotic passion more energetic than in Sparta; no laws ever excluded the idea of separate property in an equal degree or inspired a greater contempt for the manners of other nations. The prohibition of money, commerce and almost everything desirable to effeminate nations, excluded foreigners from Sparta; and while it inspired the people with contempt for strangers it made them agreeable to each other. By these means Lycurgus rendered the nation warlike; and to insure the duration of the government he endeavored to interest the consciences of his people by the aid of oracles and by the oath he is said to have exacted from them to obey his laws till his return, when he went into perpetual exile.
From this view of the Jewish and Spartan institutions, applied to the principles before stated, they appear in the two first articles considerably imperfect, and in the last totally defective. Neither of them was calculated to bring any considerable territory or number of men under one jurisdiction: from this circumstance alone they could not be rendered permanent, as nations so restricted in their means of extension must be constantly exposed to their more powerful neighbors. But the third object of legislation, that of providing for the future progress of society, which as it regards the happiness of mankind is the most important of the three, was in both instances entirely neglected. These symptoms appear to have been formed with an express design to prevent future improvement in knowledge or enlargement of the human mind, and to fix those nations in a state of ignorance and barbarism. To vindicate their authors from an imputation of weakness or inattention in this particular, it may be urged that they were each of them surrounded by nations more powerful than their own; it was therefore perhaps impossible for them to commence an establishment upon any other plan.
The institutions of Muhammad are next to be considered. The first object of legislation appears to have been better understood by him than by either of the preceding sages; his jurisdiction was capable of being enlarged to any extent of territory, and governing any number of nations that might be subjugated by his enthusiastic armies; and his system of religion was admirably calculated to attain this object. Like Moses, he convinced his people that he acted as the vicegerent of God; but with this advantage, adapting his religion to the natural feelings and propensities of mankind, he multiplied his followers by the allurements of pleasure and the promise of a sensual paradise. These circumstances were likewise sure to render his constitution durable. His religious system was so easy to be understood, so splendid and so inviting, there could be no danger that the people would lose sight of its principles, and no necessity of future prophets to explain its doctrines or reform the nation. To these advantages if we add the exact and rigid military discipline, the splendor and sacredness of the monarch and that total ignorance among the people which such a system will produce and perpetuate, the establishment must have been evidently calculated for a considerable extent and duration. But the last and most important end of government,
