forth. The conduct of civilised men is bound to conform
to laws, but the laws must first conform to general human practice. They
merely give precision to conduct which has a deeper origin than
legislation. Laws, in fact, may be compared to soldiers' uniforms.
These, within certain limits, may be varied indefinitely by a
war-office; but they all must be such as will adapt themselves to the
human body and its movements. The will of a government may prescribe
that the trousers shall be tight or loose, that they shall be black or
brown or bright green or vermilion. But no government can prescribe that
they shall be only three inches round the waist, or that the soldier's
sleeves shall start, not from the shoulders, but from the pockets of the
coat-tails. The human body is here a legislator which is supreme over
all governments; and just the same thing is true with regard to the
human character.

Now, the curious thing with regard to "X" is that he is all along
assuming this fundamental fact himself; though he utterly fails to put
two and two together, and see how this fact conflicts with the
omnipotence which he ascribes to legislation. Let us go back to the
assertion, which embodies his whole practical argument, that the
majority of the voters in New York State could, without interfering with
the activity of any one of its citizens, limit incomes in any manner
they pleased, and alienate with even greater ease the property of every
man at his death; and let us see what he hastens to say as the sequel to
this oracular utterance.

These powers of the sovereign majority, which he is apparently so
anxious to invoke, would, he says, be practically much less formidable
in their action than timid persons might anticipate. And why should they
be less formidable? "Because," says "X," "although each man, by reason
of his manhood alone, has an equal voice with every other man in making
the laws governing their common country, and regulating the distribution
of the common property ... yet immense and incalculable differences
exist in men's natural capacities for rendering honest service to
society. Encouragement should, therefore, be given to every man to use
all the gifts which he possesses to the fullest extent possible; and,
accordingly, reasonable accumulations and the descent of these should be
respected." They should, he says, be respected. Yes--but for what
reason? Because they encourage exceptional men, whose services are
ess