Man can modify everything within the sphere of his activity, but he creates nothing: such is his law, in the physical world as in the moral world.

Undoubtedly a man may plant a seed, raise the tree, perfect it by grafting, and trim it a hundred different ways, but he would never imagine that he had the power to make a tree. How can he have imagined that he had the power to make a constitution? Would it be from experience? Let us see what experience teaches us.

All free constitutions known to men have been formed in one of two ways. Sometimes they have germinated, as it were, in an unconscious manner through the conjunction of a multitude of so-called fortuitous circumstances, and sometimes they have a single author who appears like a sport of nature and enforces obedience. In either case, here are the signs by which God warns us of our weakness and of the rights that He has reserved to Himself in the formation of governments:

1 No constitution is the result of deliberation. The rights of the people are never written, or at any rate, constitutive acts or fundamental written laws are never more than declaratory statements of anterior rights about which nothing can be said except that they exist because they exist.

2 God, not having judged it appropriate to use supernatural means in this area, has at least so far circumscribed human action that in the formation of constitutions circumstances do everything and men are only part of the circumstances.