|
[73] See Tellinga letter, at the end of this correspondence.
[74] The above-recited practices, or practices similar to them, have prevailed in almost every part of the miserable countries on the coast of Coromandel for near twenty years past. That they prevailed as strongly and generally as they could prevail, under the administration of the Nabob, there can be no question, notwithstanding the assertion in the beginning of the above petition; nor will it ever be otherwise, whilst affairs are conducted upon the principles which influence the present system. Whether the particulars here asserted are true or false neither the Court of Directors nor their ministry have thought proper to inquire. If they are true, in order to bring them to affect Lord Macartney, it ought to be proved that the complaint was made to him, and that he had refused redress. Instead of this fair course, the complaint is carried to the Court of Directors.—The above is one of the documents transmitted by the Nabob, in proof of his charge of corruption against Lord Macartney. If genuine, it is conclusive, at least against Lord Macartney's principal agent and manager. If it be a forgery, (as in all likelihood it is,) it is conclusive against the Nabob and his evil counsellors, and folly demonstrates, if anything further were necessary to demonstrate, the necessity of the clause in Mr. Fox's bill prohibiting the residence of the native princes in the Company's principal settlements,—which clause was, for obvious reasons, not admitted into Mr. Pitt's. It shows, too, the absolute necessity of a severe and exemplary punishment on certain of his English evil counsellors and creditors, by whom such practices are carried on.
SUBSTANCE OF THE SPEECH
IN THE
DEBATE ON THE ARMY ESTIMATES
IN THE HOUSE OF COMMONS,
ON TUESDAY, FEBRUARY 9, 1790
COMPREHENDING
A DISCUSSION OF THE PRESENT SITUATION OF AFFAIRS IN FRANCE.
SPEECH.
Mr. Burke's speech on the report of the army estimates has not been correctly stated in some of the public papers. It is of consequence to him not to be misunderstood. The matter which incidentally came into discussion is of the most serious importance. It is thought that the heads and substance of the speech will answer the purpose sufficiently. If, in making the abstract, through defect of memory in the person who now gives it, any difference at all should be perceived from the speech as it was spoken, it will not, the editor imagines, be found in anything which may amount to a retraction of the opinions he then maintained, or to any softening in the expressions in which they were conveyed.
Mr. Burke spoke a considerable time in answer to various arguments, which had been insisted upon by Mr. Grenville and Mr. Pitt, for keeping an increased peace establishment, and against an improper jealousy of the ministers, in whom a full confidence, subject to responsibility, ought to be placed, on account of their knowledge of the real situation of affairs, the exact state of which it frequently happened that they could not disclose without violating the constitutional and political secrecy necessary to the well-being of their country.
Mr. Burke said in substance, That confidence might become a vice, and jealousy a virtue, according to circumstances. That confidence, of all public virtues, was the most dangerous, and jealousy in an House of Commons, of all public vices, the most tolerable,—- especially where the number and the charge of standing armies in time of peace was the question.
That in the annual Mutiny Bill the annual army was declared to be for the purpose of preserving the balance of power in Europe. The propriety of its being larger or smaller depended, therefore, upon the true state of that balance. If the increase of peace establishments demanded of Parliament agreed with the manifest appearance of the balance, confidence in ministers as to the particulars would be very proper. If the increase was not at all supported by any such appearance, he thought great jealousy might be, and ought to be, entertained on that subject.
That he did not find, on a review of all Europe, that, politically, we stood in the smallest degree of danger from any one state or kingdom it contained, nor that any other foreign powers than our own allies were likely to obtain a considerable preponderance in the scale.
That France had hitherto been our first object in all considerations concerning the balance of power. The presence or absence of France totally varied every sort of speculation relative to that balance.
That France is at this time, in a political light, to be considered as expunged out of the system of Europe. Whether she could ever appear in it again, as a leading power, was not easy to determine; but at present be considered France as not politically existing; and most assuredly it would take up much time to restore her to her former active existence: Gallos quoque in bellis floruisse audivimus might possibly be the language of the rising generation. He did not mean to deny that it was our duty to keep our eye on that nation, and to regulate our preparation by the symptoms of her recovery.
That it was to her strength, not to her form of government, which we were to attend; because republics, as well as monarchies, were susceptible of ambition, jealousy, and anger, the usual causes of war.
But if, while France continued in this swoon, we should go on increasing our expenses, we should certainly make ourselves less a match for her when it became our concern to arm.
It was said, that, as she had speedily fallen, she might speedily rise again. He doubted this. That the fall from an height was with an accelerated velocity; but to lift a weight up to that height again was difficult, and opposed by the laws of physical and political gravitation.
In a political view, France was low indeed. She had lost everything, even to her name.
Jacet ingens littore truncus, Avolsumque humeris caput, et sine nomine corpus.[75]
He was astonished at it; he was alarmed at it; he trembled at the uncertainty of all human greatness.
Since the House had been prorogued in the summer much work was done in France. The French had shown themselves the ablest architects of ruin that had hitherto existed in the world. In that very short space of time they had completely pulled down to the ground their monarchy, their church, their nobility, their law, their revenue, their army, their navy, their commerce, their arts, and their manufactures. They had done their business for us as rivals in a way in which twenty Ramillies or Blenheims could never have done it. Were we absolute conquerors, and France to lie prostrate at our feet, we should be ashamed to send a commission to settle their affairs which could impose so hard a law upon the French, and so destructive of all their consequence as a nation, as that they had imposed upon themselves.
France, by the mere circumstance of its vicinity, had been, and in a degree always must be, an object of our vigilance, either with regard to her actual power or to her influence and example. As to the former he had spoken; as to the latter (her example) he should say a few words: for by this example our friendship and our intercourse with that nation had once been, and might again become, more dangerous to us than their worst hostility.
In the last century, Louis the Fourteenth had established a greater and better disciplined military force than ever had been before seen in Europe, and with it a perfect despotism. Though that despotism was proudly arrayed in manners, gallantry, splendor, magnificence, and even covered over with the imposing robes of science, literature, and arts, it was, in government, nothing better than a painted and gilded tyranny,—in religion, a hard, stern intolerance, the fit companion and auxiliary to the despotic tyranny which prevailed in its government. The same character of despotism insinuated itself into every court of Europe,—the same spirit of disproportioned magnificence,—the same love of standing armies, above the ability of the people. In particular, our then sovereigns, King Charles and King James, fell in love with the government of their neighbor, so flattering to the pride of kings. A similarity of sentiments brought on connections equally dangerous to the interests and liberties of their country. It were well that the infection had gone no farther than the throne. The admiration of a government flourishing and successful, unchecked in its operations, and seeming, therefore, to compass its objects more speedily and effectually, gained something upon all ranks of people. The good patriots of that day, however, struggled against it. They sought nothing more anxiously than to break off all communication with France, and to beget a total alienation from its councils and its example,—which, by the animosity prevalent between the abettors of their religious system and the assertors of ours, was in some degree effected.
This day the evil is totally changed in France: but there is an evil there. The disease is altered; but the vicinity of the two countries remains, and must remain; and the natural mental habits of mankind are such, that the present distemper of France is far more likely to be contagious than the old one: for it is not quite easy to spread a passion for servitude among the people; but in all evils of the opposite kind our natural inclinations are flattered. In the case of despotism, there is the foedum crimen servitutis: in the last, the falsa SPECIES libertatis; and accordingly, as the historian says, pronis auribus accipitur.
In the last age we were in danger of being entangled by the example of France in the net of a relentless despotism. It is not necessary to say anything upon that example. It exists no longer. Our present danger from the example of a people whose character knows no medium is, with regard to government, a danger from anarchy: a danger of being led, through an admiration of successful fraud and violence, to an imitation of the excesses of an irrational, unprincipled, proscribing, confiscating, plundering, ferocious, bloody, and tyrannical democracy. On the side of religion, the danger of their example is no longer from intolerance, but from atheism: a foul, unnatural vice, foe to all the dignity and consolation of mankind; which seems in France, for a long time, to have been embodied into a faction, accredited, and almost avowed.
These are our present dangers from France. But, in his opinion, the very worst part of the example set is in the late assumption of citizenship by the army, and the whole of the arrangement, or rather disarrangement, of their military.
He was sorry that his right honorable friend (Mr. Fox) had dropped even a word expressive of exultation on that circumstance, or that he seemed of opinion that the objection from standing armies was at all lessened by it. He attributed this opinion of Mr. Fox entirely to his known zeal for the best of all causes, liberty. That it was with a pain inexpressible he was obliged to have even the shadow of a difference with his friend, whose authority would always be great with him, and with all thinking people,—Quae maxima semper censetur nobis, et ERIT quae maxima semper;—his confidence in Mr. Fox was such, and so ample, as to be almost implicit. That he was not ashamed to avow that degree of docility. That, when the choice is well made, it strengthens, instead of oppressing our intellect. That he who calls in the aid of an equal understanding doubles his own. He who profits of a superior understanding raises his powers to a level with the height of the superior understanding he unites with. He had found the benefit of such a junction, and would not lightly depart from it. He wished almost, on all occasions, that his sentiments were understood to be conveyed in Mr. Fox's words. And that he wished, as amongst the greatest benefits he could wish the country, an eminent share of power to that right honorable gentleman; because he knew that to his great and masterly understanding he had joined the greatest possible degree of that natural moderation which is the best corrective of power: that he was of the most artless, candid, open, and benevolent disposition; disinterested in the extreme; of a temper mild and placable even to a fault; without one drop of gall in his whole constitution.
That the House must perceive, from his coming forward to mark an expression or two of his best friend, how anxious he was to keep the distemper of France from the least countenance in England, where he was sure some wicked persons had shown a strong disposition to recommend an imitation of the French spirit of reform. He was so strongly opposed to any the least tendency towards the means of introducing a democracy like theirs, as well as to the end itself, that, much as it would afflict him, if such a thing could be attempted, and that any friend of his could concur in such measures, (he was far, very far, from believing they could,) he would abandon his best friends, and join with his worst enemies, to oppose either the means or the end,—and to resist all violent exertions of the spirit of innovation, so distant from all principles of true and safe reformation: a spirit well calculated to overturn states, but perfectly unfit to amend them.
That he was no enemy to reformation. Almost every business in which he was much concerned, from the first day he sat in that House to that hour, was a business of reformation; and when he had not been employed in correcting, he had been employed in resisting abuses. Some traces of this spirit in him now stand on their statute-book. In his opinion, anything which unnecessarily tore to pieces the contexture of the state not only prevented all real reformation, but introduced evils which would call, but perhaps call in vain, for new reformation.
That he thought the French nation very unwise. What they valued themselves on was a disgrace to them. They had gloried (and some people in England had thought fit to take share in that glory) in making a Revolution, as if revolutions were good things in themselves. All the horrors and all the crimes of the anarchy which led to their Revolution, which attend its progress, and which may virtually attend it in its establishment, pass for nothing with the lovers of revolutions. The French have made their way, through the destruction of their country, to a bad constitution, when they were absolutely in possession of a good one. They were in possession of it the day the states met in separate orders. Their business, had they been either virtuous or wise, or had been left to their own judgment, was to secure the stability and independence of the states, according to those orders, under the monarch on the throne. It was then their duty to redress grievances.
Instead of redressing grievances, and improving the fabric of their state, to which they were called by their monarch and sent by their country, they were made to take a very different course. They first destroyed all the balances and counterpoises which serve to fix the state and to give it a steady direction, and which furnish sure correctives to any violent spirit which may prevail in any of the orders. These balances existed in their oldest constitution, and in the constitution of this country, and in the constitution of all the countries in Europe. These they rashly destroyed, and then they melted down the whole into one incongruous, ill-connected mass.
When they had done this, they instantly, and with the most atrocious perfidy and breach of all faith among men, laid the axe to the root of all property, and consequently of all national prosperity, by the principles they established and the example they set, in confiscating all the possessions of the Church. They made and recorded a sort of institute and digest of anarchy, called the Rights of Man, in such a pedantic abuse of elementary principles as would have disgraced boys at school: but this declaration of rights was worse than trifling and pedantic in them; as by their name and authority they systematically destroyed every hold of authority by opinion, religious or civil, on the minds of the people. By this mad declaration they subverted the state, and brought on such calamities as no country, without a long war, has ever been known to suffer, and which may in the end produce such a war, and perhaps many such.
With them the question was not between despotism and liberty. The sacrifice they made of the peace and power of their country was not made on the altar of freedom. Freedom, and a better security for freedom than that they have taken, they might have had without any sacrifice at all. They brought themselves into all the calamities they suffer, not that through them they might obtain a British constitution; they plunged themselves headlong into those calamities to prevent themselves from settling into that constitution, or into anything resembling it.
That, if they should perfectly succeed in what they propose, as they are likely enough to do, and establish a democracy, or a mob of democracies, in a country circumstanced like France, they will establish a very bad government,—a very bad species of tyranny.
That the worst effect of all their proceeding was on their military, which was rendered an army for every purpose but that of defence. That, if the question was, whether soldiers were to forget they were citizens, as an abstract proposition, he could have no difference about it; though, as it is usual, when abstract principles are to be applied, much was to be thought on the manner of uniting the character of citizen and soldier. But as applied to the events which had happened in France, where the abstract principle was clothed with its circumstances, he thought that his friend would agree with him, that what was done there furnished no matter of exultation, either in the act or the example. These soldiers were not citizens, but base, hireling mutineers, and mercenary, sordid deserters, wholly destitute of any honorable principle. Their conduct was one of the fruits of that anarchic spirit from the evils of which a democracy itself was to be resorted to, by those who were the least disposed to that form, as a sort of refuge. It was not an army in corps and with discipline, and embodied under the respectable patriot citizens of the state in resisting tyranny. Nothing like it. It was the case of common soldiers deserting from their officers, to join a furious, licentious populace. It was a desertion to a cause the real object of which was to level all those institutions, and to break all those connections, natural and civil, that regulate and hold together the community by a chain of subordination: to raise soldiers against their officers, servants against their masters, tradesmen against their customers, artificers against their employers, tenants against their landlords, curates against their bishops, and children against their parents. That this cause of theirs was not an enemy to servitude, but to society.
He wished the House to consider how the members would like to have their mansions pulled down and pillaged, their persons abused, insulted, and destroyed, their title-deeds brought out and burned before their faces, and themselves and their families driven to seek refuge in every nation throughout Europe, for no other reason than this, that, without any fault of theirs, they were born gentlemen and men of property, and were suspected of a desire to preserve their consideration and their estates. The desertion in France was to aid an abominable sedition, the very professed principle of which was an implacable hostility to nobility and gentry, and whose savage war-whoop was, "A l'Aristocrate!"—by which senseless, bloody cry they animated one another to rapine and murder; whilst abetted by ambitious men of another class, they were crushing everything respectable and virtuous in their nation, and to their power disgracing almost every name by which we formerly knew there was such a country in the world as France.
He knew too well, and he felt as much as any man, how difficult it was to accommodate a standing army to a free constitution, or to any constitution. An armed disciplined body is, in its essence, dangerous to liberty; undisciplined, it is ruinous to society. Its component parts are in the latter case neither good citizens nor good soldiers. What have they thought of in France, under such a difficulty as almost puts the human faculties to a stand? They have put their army under such a variety of principles of duty, that it is more likely to breed litigants, pettifoggers, and mutineers than soldiers.[76] They have set up, to balance their crown army, another army, deriving under another authority, called a municipal army,—a balance of armies, not of orders. These latter they have destroyed with every mark of insult and oppression. States may, and they will best, exist with a partition of civil powers. Armies cannot exist under a divided command. This state of things he thought in effect a state of war, or at best but a truce, instead of peace, in the country.
What a dreadful thing is a standing army for the conduct of the whole or any part of which no man is responsible! In the present state of the French crown army, is the crown responsible for the whole of it? Is there any general who can be responsible for the obedience of a brigade, any colonel for that of a regiment, any captain for that of a company? And as to the municipal army, reinforced as it is by the new citizen deserters, under whose command are they? Have we not seen them, not led by, but dragging, their nominal commander, with a rope about his neck, when they, or those whom they accompanied, proceeded to the most atrocious acts of treason and murder? Are any of these armies? Are any of these citizens?
We have in such a difficulty as that of fitting a standing army to the state, he conceived, done much better. We have not distracted our army by divided principles of obedience. We have put them under a single authority, with a simple (our common) oath of fidelity; and we keep the whole under our annual inspection. This was doing all that could be safely done.
He felt some concern that this strange thing called a Revolution in France should be compared with the glorious event commonly called the Revolution in England, and the conduct of the soldiery on that occasion compared with the behavior of some of the troops of France in the present instance. At that period, the Prince of Orange, a prince of the blood-royal in England, was called in by the flower of the English aristocracy to defend its ancient Constitution, and not to level all distinctions. To this prince, so invited, the aristocratic leaders who commanded the troops went over with their several corps, in bodies, to the deliverer of their country. Aristocratic leaders brought up the corps of citizens who newly enlisted in this cause. Military obedience changed its object; but military discipline was not for a moment interrupted in its principle. The troops were ready for war, but indisposed to mutiny.
But as the conduct of the English armies was different, so was that of the whole English nation at that time. In truth, the circumstances of our Revolution (as it is called) and that of France are just the reverse of each other in almost every particular, and in the whole spirit of the transaction. With us it was the case of a legal monarch attempting arbitrary power; in France it is the case of an arbitrary monarch beginning, from whatever cause, to legalize his authority. The one was to be resisted, the other was to be managed and directed; but in neither case was the order of the state to be changed, lest government might be ruined, which ought only to be corrected and legalized. With us we got rid of the man, and preserved the constituent parts of the state. There they get rid of the constituent parts of the state, and keep the man. What we did was in truth and substance, and in a constitutional light, a revolution, not made, but prevented. We took solid securities; we settled doubtful questions; we corrected anomalies in our law. In the stable, fundamental parts of our Constitution we made no revolution,—no, nor any alteration at all. We did not impair the monarchy. Perhaps it might be shown that we strengthened it very considerably. The nation kept the same ranks, the same orders, the same privileges, the same franchises, the same rules for property, the same subordinations, the same order in the law, in the revenue, and in the magistracy,—the same lords, the same commons, the same corporations, the same electors.
The Church was not impaired. Her estates, her majesty, her splendor, her orders and gradations, continued the same. She was preserved in her full efficiency, and cleared only of a certain intolerance, which was her weakness and disgrace. The Church and the State were the same after the Revolution that they were before, but better secured in every part.
Was little done because a revolution was not made in the Constitution? No! Everything was done; because we commenced with reparation, not with ruin. Accordingly, the state flourished. Instead of lying as dead, in a sort of trance, or exposed, as some others, in an epileptic fit, to the pity or derision of the world, for her wild, ridiculous, convulsive movements, impotent to every purpose but that of dashing out her brains against the pavement, Great Britain rose above the standard even of her former self. An era of a more improved domestic prosperity then commenced, and still continues, not only unimpaired, but growing, under the wasting hand of time. All the energies of the country were awakened. England never preserved a firmer countenance or a more vigorous arm to all her enemies and to all her rivals. Europe under her respired and revived. Everywhere she appeared as the protector, assertor, or avenger of liberty. A war was made and supported against fortune itself. The treaty of Ryswick, which first limited the power of France, was soon after made; the grand alliance very shortly followed, which shook to the foundations the dreadful power which menaced the independence of mankind. The states of Europe lay happy under the shade of a great and free monarchy, which knew how to be great without endangering its own peace at home or the internal or external peace of any of its neighbors.
Mr. Burke said he should have felt very unpleasantly, if he had not delivered these sentiments. He was near the end of his natural, probably still nearer the end of his political career. That he was weak and weary, and wished for rest. That he was little disposed to controversies, or what is called a detailed opposition. That at his time of life, if he could not do something by some sort of weight of opinion, natural or acquired, it was useless and indecorous to attempt anything by mere struggle. Turpe senex miles. That he had for that reason little attended the army business, or that of the revenue, or almost any other matter of detail, for some years past. That he had, however, his task. He was far from condemning such opposition; on the contrary, he most highly applauded it, where a just occasion existed for it, and gentlemen had vigor and capacity to pursue it. Where a great occasion occurred, he was, and, while he continued in Parliament, would be, amongst the most active and the most earnest,—as he hoped he had shown on a late event. With respect to the Constitution itself, he wished few alterations in it,—happy if he left it not the worse for any share he had taken in its service.
* * * * *
Mr. Fox then rose, and declared, in substance, that, so far as regarded the French army, he went no farther than the general principle, by which that army showed itself indisposed to be an instrument in the servitude of their fellow-citizens, but did not enter into the particulars of their conduct. He declared that he did not affect a democracy: that he always thought any of the simple, unbalanced governments bad: simple monarchy, simple aristocracy, simple democracy,—he held them all imperfect or vicious; all were bad by themselves; the composition alone was good. That these had been always his principles, in which he had agreed with his friend Mr. Burke,—of whom he had said many kind and flattering things, which Mr. Burke, I take it for granted, will know himself too well to think he merits from anything but Mr. Fox's acknowledged good-nature. Mr. Fox thought, however, that, in many cases, Mr. Burke was rather carried too far by his hatred to innovation.
Mr. Burke said, he well knew that these had been Mr. Fox's invariable opinions; that they were a sure ground for the confidence of his country. But he had been fearful that cabals of very different intentions would be ready to make use of his great name, against his character and sentiments, in order to derive a credit to their destructive machinations.
Mr. Sheridan then rose, and made a lively and eloquent speech against Mr. Burke; in which, among other things, he said that Mr. Burke had libelled the National Assembly of France, and had cast out reflections on such characters as those of the Marquis de La Fayette and Mr. Bailly.
Mr. Burke said, that he did not libel the National Assembly of France, whom he considered very little in the discussion of these matters. That he thought all the substantial power resided in the republic of Paris, whose authority guided, or whose example was followed by, all the republics of France. The republic of Paris had an army under their orders, and not under those of the National Assembly.
N.B. As to the particular gentlemen, I do not remember that Mr. Burke mentioned either of them,—certainly not Mr. Bailly. He alluded, undoubtedly, to the case of the Marquis de La Fayette; but whether what he asserted of him be a libel on him must be left to those who are acquainted with the business.
Mr. Pitt concluded the debate with becoming gravity and dignity, and a reserve on both sides of the question, as related to France, fit for a person in a ministerial situation. He said, that what he had spoken only regarded France when she should unite, which he rather thought she soon might, with the liberty she had acquired, the blessings of law and order. He, too, said several civil things concerning the sentiments of Mr. Burke, as applied to this country.
FOOTNOTES:
[75] Mr. Burke probably had in his mind the remainder of the passage, and was filled with some congenial apprehensions:—
Haec finis Priami fatorum; hic exitus illum Sorte tulit, Trojam incensam et prolapsa videntem Pergama, tot quondam populis terrisque superbum Regnatorem Asiae. Jacet ingens littore truncus, Avolsumque humeris caput, et sine nomine corpus. At me tum primum saevus circumstetit horror. Obstupui: subiit chari genitoris imago.
[76] They are Sworn to obey the king, the nation, and the law.
REFLECTIONS
ON THE
REVOLUTION IN FRANCE,
THE PROCEEDINGS IN CERTAIN SOCIETIES IN
LONDON RELATIVE TO THAT EVENT:
IN A LETTER
INTENDED TO HAVE BEEN SENT TO A GENTLEMAN IN PARIS.
1790.
It may not be unnecessary to inform the reader that the following Reflections had their origin in a correspondence between the author and a very young gentleman at Paris, who did him the honor of desiring his opinion upon the important transactions which then, and ever since have, so much occupied the attention of all men. An answer was written some time in the month of October, 1789; but it was kept back upon prudential considerations. That letter is alluded to in the beginning of the following sheets. It has been since forwarded to the person to whom it was addressed. The reasons for the delay in sending it were assigned in a short letter to the same gentleman. This produced on his part a new and pressing application for the author's sentiments.
The author began a second and more full discussion on the subject. This he had some thoughts of publishing early in the last spring; but the matter gaining upon him, he found that what he had undertaken not only far exceeded the measure of a letter, but that its importance required rather a more detailed consideration than at that time he had any leisure to bestow upon it. However, having thrown down his first thoughts in the form of a letter, and, indeed, when he sat down to write, having intended it for a private letter, he found it difficult to change the form of address, when his sentiments had grown into a greater extent and had received another direction. A different plan, he is sensible, might be more favorable to a commodious division and distribution of his matter.
REFLECTIONS
ON
THE REVOLUTION IN FRANCE.
Dear Sir,—You are pleased to call again, and with some earnestness, for my thoughts on the late proceedings in France. I will not give you reason to imagine that I think my sentiments of such value as to wish myself to be solicited about them. They are of too little consequence to be very anxiously either communicated or withheld. It was from attention to you, and to you only, that I hesitated at the time when you first desired to receive them. In the first letter I had the honor to write to you, and which at length I send, I wrote neither for nor from any description of men; nor shall I in this. My errors, if any, are my own. My reputation alone is to answer for them.
You see, Sir, by the long letter I have transmitted to you, that, though I do most heartily wish that France may be animated by a spirit of rational liberty, and that I think you bound, in all honest policy, to provide a permanent body in which that spirit may reside, and an effectual organ by which it may act, it is my misfortune to entertain great doubts concerning several material points in your late transactions.
You imagined, when you wrote last, that I might possibly be reckoned among the approvers of certain proceedings in France, from the solemn public seal of sanction they have received from two clubs of gentlemen in London, called the Constitutional Society, and the Revolution Society.
I certainly have the honor to belong to more clubs than one in which the Constitution of this kingdom and the principles of the glorious Revolution are held in high reverence; and I reckon myself among the most forward in my zeal for maintaining that Constitution and those principles in their utmost purity and vigor. It is because I do so that I think it necessary for me that there should be no mistake. Those who cultivate the memory of our Revolution, and those who are attached to the Constitution of this kingdom, will take good care how they are involved with persons who, under the pretext of zeal towards the Revolution and Constitution, too frequently wander from their true principles, and are ready on every occasion to depart from the firm, but cautious and deliberate, spirit which produced the one and which presides in the other. Before I proceed to answer the more material particulars in your letter, I shall beg leave to give you such information as I have been able to obtain of the two clubs which have thought proper, as bodies, to interfere in the concerns of France,—first assuring you that I am not, and that I have never been, a member of either of those societies.
The first, calling itself the Constitutional Society, or Society for Constitutional Information, or by some such title, is, I believe, of seven or eight years' standing. The institution of this society appears to be of a charitable, and so far of a laudable nature: it was intended for the circulation, at the expense of the members, of many books which few others would be at the expense of buying, and which might lie on the hands of the booksellers, to the great loss of an useful body of men. Whether the books so charitably circulated were ever as charitably read is more than I know. Possibly several of them have been exported to France, and, like goods not in request here, may with you have found a market. I have heard much talk of the lights to be drawn from books that are sent from hence. What improvements they have had in their passage (as it is said some liquors are meliorated by crossing the sea) I cannot tell; but I never heard a man of common judgment or the least degree of information speak a word in praise of the greater part of the publications circulated by that society; nor have their proceedings been accounted, except by some of themselves, as of any serious consequence.
Your National Assembly seems to entertain much the same opinion that I do of this poor charitable club. As a nation, you reserved the whole stock of your eloquent acknowledgments for the Revolution Society, when their fellows in the Constitutional were in equity entitled to some share. Since you have selected the Revolution Society as the great object of your national thanks and praises, you will think me excusable in making its late conduct the subject of my observations. The National Assembly of France has given importance to these gentlemen by adopting them; and they return the favor by acting as a committee in England for extending the principles of the National Assembly. Henceforward we must consider them as a kind of privileged persons, as no inconsiderable members in the diplomatic body. This is one among the revolutions which have given splendor to obscurity and distinction to undiscerned merit. Until very lately I do not recollect to have heard of this club. I am quite sure that it never occupied a moment of my thoughts,—nor, I believe, those of any person out of their own set. I find, upon inquiry, that, on the anniversary of the Revolution in 1688, a club of Dissenters, but of what denomination I know not, have long had the custom of hearing a sermon in one of their churches, and that afterwards they spent the day cheerfully, as other clubs do, at the tavern. But I never heard that any public measure or political system, much less that the merits of the constitution of any foreign nation, had been the subject of a formal proceeding at their festivals, until, to my inexpressible surprise, I found them in a sort of public capacity, by a congratulatory address, giving an authoritative sanction to the proceedings of the National Assembly in France.
In the ancient principles and conduct of the club, so far at least as they were declared, I see nothing to which I could take exception. I think it very probable, that, for some purpose, new members may have entered among them,—and that some truly Christian politicians, who love to dispense benefits, but are careful to conceal the hand which distributes the dole, may have made them the instruments of their pious designs. Whatever I may have reason to suspect concerning private management, I shall speak of nothing as of a certainty but what is public.
For one, I should be sorry to be thought directly or indirectly concerned in their proceedings. I certainly take my full share, along with the rest of the world, in my individual and private capacity, in speculating on what has been done, or is doing, on the public stage, in any place, ancient or modern,—in the republic of Rome, or the republic of Paris; but having no general apostolical mission, being a citizen of a particular state, and being bound up, in a considerable degree, by its public will, I should think it at least improper and irregular for me to open a formal public correspondence with the actual government of a foreign nation, without the express authority of the government under which I live.
I should be still more unwilling to enter into that correspondence under anything like an equivocal description, which to many, unacquainted with our usages, might make the address in which I joined appear as the act of persons in some sort of corporate capacity, acknowledged by the laws of this kingdom, and authorized to speak the sense of some part of it. On account of the ambiguity and uncertainty of unauthorized general descriptions, and of the deceit which may be practised under them, and not from mere formality, the House of Commons would reject the most sneaking petition for the most trifling object, under that mode of signature to which you have thrown open the folding-doors of your presence-chamber, and have ushered into your National Assembly with as much ceremony and parade, and with as great a bustle of applause, as if you had been visited by the whole representative majesty of the whole English nation. If what this society has thought proper to send forth had been a piece of argument, it would have signified little whose argument it was. It would be neither the more nor the less convincing on account of the party it came from. But this is only a vote and resolution. It stands solely on authority; and in this case it is the mere authority of individuals, few of whom appear. Their signatures ought, in my opinion, to have been annexed to their instrument. The world would then have the means of knowing how many they are, who they are, and of what value their opinions may be, from their personal abilities, from their knowledge, their experience, or their lead and authority in this state. To me, who am but a plain man, the proceeding looks a little too refined and too ingenious; it has too much the air of a political stratagem, adopted for the sake of giving, under a high-sounding name, an importance to the public declarations of this club, which, when the matter came to be closely inspected, they did not altogether so well deserve. It is a policy that has very much the complexion of a fraud.
I flatter myself that I love a manly, moral, regulated liberty as well as any gentleman of that society, be he who he will; and perhaps I have given as good proofs of my attachment to that cause, in the whole course of my public conduct. I think I envy liberty as little as they do to any other nation. But I cannot stand forward, and give praise or blame to anything which relates to human actions and human concerns on a simple view of the object, as it stands stripped of every relation, in all the nakedness and solitude of metaphysical abstraction. Circumstances (which with some gentlemen pass for nothing) give in reality to every political principle its distinguishing color and discriminating effect. The circumstances are what render every civil and political scheme beneficial or noxious to mankind. Abstractedly speaking, government, as well as liberty, is good; yet could I, in common sense, ten years ago, have felicitated France on her enjoyment of a government, (for she then had a government,) without inquiry what the nature of that government was, or how it was administered? Can I now congratulate the same nation upon its freedom? Is it because liberty in the abstract may be classed amongst the blessings of mankind, that I am seriously to felicitate a madman who has escaped from the protecting restraint and wholesome darkness of his cell on his restoration to the enjoyment of light and liberty? Am I to congratulate a highwayman and murderer who has broke prison upon the recovery of his natural rights? This would be to act over again the scene of the criminals condemned to the galleys, and their heroic deliverer, the metaphysic Knight of the Sorrowful Countenance.
When I see the spirit of liberty in action, I see a strong principle at work; and this, for a while, is all I can possibly know of it. The wild gas, the fixed air, is plainly broke loose: but we ought to suspend our judgment until the first effervescence is a little subsided, till the liquor is cleared, and until we see something deeper than the agitation of a troubled and frothy surface. I must be tolerably sure, before I venture publicly to congratulate men upon a blessing, that they have really received one. Flattery corrupts both the receiver and the giver; and adulation is not of more service to the people than to kings. I should therefore suspend my congratulations on the new liberty of France, until I was informed how it had been combined with government, with public force, with the discipline and obedience of armies, with the collection of an effective and well-distributed revenue, with morality and religion, with solidity and property, with peace and order, with civil and social manners. All these (in their way) are good things, too; and without them, liberty is not a benefit whilst it lasts, and is not likely to continue long. The effect of liberty to individuals is, that they may do what they please: we ought to see what it will please them to do, before we risk congratulations, which may be soon turned into complaints. Prudence would dictate this in the case of separate, insulated, private men. But liberty, when men act in bodies, is power. Considerate people, before they declare themselves, will observe the use which is made of power,—and particularly of so trying a thing as new power in new persons, of whose principles, tempers, and dispositions they have little or no experience, and in situations where those who appear the most stirring in the scene may possibly not be the real movers.
All these considerations, however, were below the transcendental dignity of the Revolution Society. Whilst I continued in the country, from whence I had the honor of writing to you, I had but an imperfect idea of their transactions. On my coming to town, I sent for an account of their proceedings, which had been published by their authority, containing a sermon of Dr. Price, with the Duke de Rochefoucault's and the Archbishop of Aix's letter and several other documents annexed. The whole of that publication, with the manifest design of connecting the affairs of France with those of England, by drawing us into an imitation of the conduct of the National Assembly, gave me a considerable degree of uneasiness. The effect of that conduct upon the power, credit, prosperity, and tranquillity of France became every day more evident. The form of constitution to be settled, for its future polity, became more clear. We are now in a condition to discern with tolerable exactness the true nature of the object held up to our imitation. If the prudence of reserve and decorum dictates silence in some circumstances, in others prudence of a higher order may justify us in speaking our thoughts. The beginnings of confusion with us in England are at present feeble enough; but with you we have seen an infancy still more feeble growing by moments into a strength to heap mountains upon mountains, and to wage war with Heaven itself. Whenever our neighbor's house is on fire, it cannot be amiss for the engines to play a little on our own. Better to be despised for too anxious apprehensions than ruined by too confident a security.
Solicitous chiefly for the peace of my own country, but by no means unconcerned for yours, I wish to communicate more largely what was at first intended only for your private satisfaction. I shall still keep your affairs in my eye, and continue to address myself to you. Indulging myself in the freedom of epistolary intercourse, I beg leave to throw out my thoughts and express my feelings just as they arise in my mind, with very little attention to formal method. I set out with the proceedings of the Revolution Society; but I shall not confine myself to them. Is it possible I should? It looks to me as if I were in a great crisis, not of the affairs of France alone, but of all Europe, perhaps of more than Europe. All circumstances taken together, the French Revolution is the most astonishing that has hitherto happened in the world. The most wonderful things are brought about in many instances by means the most absurd and ridiculous, in the most ridiculous modes, and apparently by the most contemptible instruments. Everything seems out of nature in this strange chaos of levity and ferocity, and of all sorts of crimes jumbled together with all sorts of follies. In viewing this monstrous tragi-comic scene, the most opposite passions necessarily succeed and sometimes mix with each other in the mind: alternate contempt and indignation, alternate laughter and tears, alternate scorn and horror.
It cannot, however, be denied that to some this strange scene appeared in quite another point of view. Into them it inspired no other sentiments than those of exultation and rapture. They saw nothing in what has been done in France but a firm and temperate exertion of freedom,—so consistent, on the whole, with morals and with piety as to make it deserving not only of the secular applause of dashing Machiavelian politicians, but to render it a fit theme for all the devout effusions of sacred eloquence.
* * * * *
On the forenoon of the fourth of November last, Doctor Richard Price, a Non-Conforming minister of eminence, preached at the Dissenting meeting-house of the Old Jewry, to his club or society, a very extraordinary miscellaneous sermon, in which there are some good moral and religious sentiments, and not ill expressed, mixed up with a sort of porridge of various political opinions and reflections: but the Revolution in France is the grand ingredient in the caldron. I consider the address transmitted by the Revolution Society to the National Assembly, through Earl Stanhope, as originating in the principles of the sermon, and as a corollary from them. It was moved by the preacher of that discourse. It was passed by those who came reeking from the effect of the sermon, without any censure or qualification, expressed or implied. If, however, any of the gentlemen concerned shall wish to separate the sermon from the resolution, they know how to acknowledge the one and to disavow the other. They may do it: I cannot.
For my part, I looked on that sermon as the public declaration of a man much connected with literary caballers and intriguing philosophers, with political theologians and theological politicians, both at home and abroad. I know they set him up as a sort of oracle; because, with the best intentions in the world, he naturally philippizes, and chants his prophetic song in exact unison with their designs.
That sermon is in a strain which I believe has not been heard in this kingdom, in any of the pulpits which are tolerated or encouraged in it, since the year 1648,—when a predecessor of Dr. Price, the Reverend Hugh Peters, made the vault of the king's own chapel at St. James's ring with the honor and privilege of the saints, who, with the "high praises of God in their mouths, and a two-edged sword in their hands, were to execute judgment on the heathen, and punishments upon the people; to bind their kings with chains, and their nobles with fetters of iron."[77] Few harangues from the pulpit, except in the days of your League in France, or in the days of our Solemn League and Covenant in England, have ever breathed less of the spirit of moderation than this lecture in the Old Jewry. Supposing, however, that something like moderation were visible in this political sermon, yet politics and the pulpit are terms that have little agreement. No sound ought to be heard in the church but the healing voice of Christian charity. The cause of civil liberty and civil government gains as little as that of religion by this confusion of duties. Those who quit their proper character to assume what does not belong to them are, for the greater part, ignorant both of the character they leave and of the character they assume. Wholly unacquainted with the world, in which they are so fond of meddling, and inexperienced in all its affairs, on which they pronounce with so much confidence, they have nothing of politics but the passions they excite. Surely the church is a place where one day's truce ought to be allowed to the dissensions and animosities of mankind.
This pulpit style, revived after so long a discontinuance, had to me the air of novelty, and of a novelty not wholly without danger. I do not charge this danger equally to every part of the discourse. The hint given to a noble and reverend lay-divine, who is supposed high in office in one of our universities,[78] and other lay-divines "of rank and literature," may be proper and seasonable, though somewhat new. If the noble Seekers should find nothing to satisfy their pious fancies in the old staple of the national Church, or in all the rich variety to be found in the well-assorted warehouses of the Dissenting congregations, Dr. Price advises them to improve upon Non-Conformity, and to set up, each of them, a separate meeting-house upon his own particular principles.[79] It is somewhat remarkable that this reverend divine should be so earnest for setting up new churches, and so perfectly indifferent concerning the doctrine which may be taught in them. His zeal is of a curious character. It is not for the propagation of his own opinions, but of any opinions. It is not for the diffusion of truth, but for the spreading of contradiction. Let the noble teachers but dissent, it is no matter from whom or from what. This great point once secured, it is taken for granted their religion will be rational and manly. I doubt whether religion would reap all the benefits which the calculating divine computes from this "great company of great preachers." It would certainly be a valuable addition of nondescripts to the ample collection of known classes, genera, and species, which at present beautify the hortus siccus of Dissent. A sermon from a noble duke, or a noble marquis, or a noble earl, or baron bold, would certainly increase and diversify the amusements of this town, which begins to grow satiated with the uniform round of its vapid dissipations. I should only stipulate that these new Mess-Johns in robes and coronets should keep some sort of bounds in the democratic and levelling principles which are expected from their titled pulpits. The new evangelists will, I dare say, disappoint the hopes that are conceived of them. They will not become, literally as well as figuratively, polemic divines,—nor be disposed so to drill their congregations, that they may, as in former blessed times, preach their doctrines to regiments of dragoons and corps of infantry and artillery. Such arrangements, however favorable to the cause of compulsory freedom, civil and religious, may not be equally conducive to the national tranquillity. These few restrictions I hope are no great stretches of intolerance, no very violent exertions of despotism.
But I may say of our preacher, "Utinam nugis tota illa dedisset et tempora saevitiae." All things in this his fulminating bull are not of so innoxious a tendency. His doctrines affect our Constitution in its vital parts. He tells the Revolution Society, in this political sermon, that his Majesty "is almost the only lawful king in the world, because the only one who owes his crown to the choice of his people." As to the kings of the world, all of whom (except one) this arch-pontiff of the rights of men, with all the plenitude and with more than the boldness of the Papal deposing power in its meridian fervor of the twelfth century, puts into one sweeping clause of ban and anathema, and proclaims usurpers by circles of longitude and latitude over the whole globe, it behooves them to consider how they admit into their territories these apostolic missionaries, who are to tell their subjects they are not lawful kings. That is their concern. It is ours, as a domestic interest of some moment, seriously to consider the solidity of the only principle upon which these gentlemen acknowledge a king of Great Britain to be entitled to their allegiance.
This doctrine, as applied to the prince now on the British throne, either is nonsense, and therefore neither true nor false, or it affirms a most unfounded, dangerous, illegal, and unconstitutional position. According to this spiritual doctor of politics, if his Majesty does not owe his crown to the choice of his people, he is no lawful king. Now nothing can be more untrue than that the crown of this kingdom is so held by his Majesty. Therefore, if you follow their rule, the king of Great Britain, who most certainly does not owe his high office to any form of popular election, is in no respect better than the rest of the gang of usurpers, who reign, or rather rob, all over the face of this our miserable world, without any sort of right or title to the allegiance of their people. The policy of this general doctrine, so qualified, is evident enough. The propagators of this political gospel are in hopes their abstract principle (their principle that a popular choice is necessary to the legal existence of the sovereign magistracy) would be overlooked, whilst the king of Great Britain was not affected by it. In the mean time the ears of their congregations would be gradually habituated to it, as if it were a first principle admitted without dispute. For the present it would only operate as a theory, pickled in the preserving juices of pulpit eloquence, and laid by for future use. Condo et compono quae mox depromere passim. By this policy, whilst our government is soothed with a reservation in its favor, to which it has no claim, the security which it has in common with all governments, so far as opinion is security, is taken away.
Thus these politicians proceed, whilst little notice is taken of their doctrines; but when they come to be examined upon the plain meaning of their words and the direct tendency of their doctrines, then equivocations and slippery constructions come into play. When they say the king owes his crown to the choice of his people, and is therefore the only lawful sovereign in the world, they will perhaps tell us they mean to say no more than that some of the king's predecessors have been called to the throne by some sort of choice, and therefore he owes his crown to the choice of his people. Thus, by a miserable subterfuge, they hope to render their proposition safe by rendering it nugatory. They are welcome to the asylum they seek for their offence, since they take refuge in their folly. For, if you admit this interpretation, how does their idea of election differ from our idea of inheritance? And how does the settlement of the crown in the Brunswick line, derived from James the First, come to legalize our monarchy rather than that of any of the neighboring countries? At some time or other, to be sure, all the beginners of dynasties were chosen by those who called them to govern. There is ground enough for the opinion that all the kingdoms of Europe were at a remote period elective, with more or fewer limitations in the objects of choice. But whatever kings might have been here or elsewhere a thousand years ago, or in whatever manner the ruling dynasties of England or France may have begun, the king of Great Britain is at this day king by a fixed rule of succession, according to the laws of his country; and whilst the legal conditions of the compact of sovereignty are performed by him, (as they are performed,) he holds his crown in contempt of the choice of the Revolution Society, who have not a single vote for a king amongst them, either individually or collectively: though I make no doubt they would soon erect themselves into an electoral college, if things were ripe to give effect to their claim. His Majesty's heirs and successors, each in his time and order, will come to the crown with the same contempt of their choice with which his Majesty has succeeded to that he wears.
Whatever may be the success of evasion in explaining away the gross error fact, which supposes that his Majesty (though he holds it in concurrence with the wishes) owes his crown to the choice of his people, yet nothing can evade their full, explicit declaration concerning the principle of a right in the people to choose,—which right is directly maintained, and tenaciously adhered to. All the oblique insinuations concerning election bottom in this proposition, and are referable to it. Lest the foundation of the king's exclusive legal title should pass for a mere rant of adulatory freedom, the political divine proceeds dogmatically to assert,[80] that, by the principles of the Revolution, the people of England have acquired three fundamental rights, all of which, with him, compose one system, and lie together in one short sentence: namely, that we have acquired a right
1. "To choose our own governors."
2. "To cashier them for misconduct."
3. "To frame a government for ourselves."
This new, and hitherto unheard-of bill of rights, though made in the name of the whole people, belongs to those gentlemen and their faction only. The body of the people of England have no share in it. They utterly disclaim it. They will resist the practical assertion of it with their lives and fortunes. They are bound to do so by the laws of their country, made at the time of that very Revolution which is appealed to in favor of the fictitious rights claimed by the society which abuses its name.
These gentlemen of the Old Jewry, in all their reasonings on the Revolution of 1688, have a revolution which happened in England about forty years before, and the late French Revolution, so much before their eyes and in their hearts, that they are constantly confounding all the three together. It is necessary that we should separate what they confound. We must recall their erring fancies to the acts of the Revolution which we revere, for the discovery of its true principles. If the principles of the Revolution of 1688 are anywhere to be found, it is in the statute called the Declaration of Right. In that most wise, sober, and considerate declaration, drawn up by great lawyers and great statesmen, and not by warm and inexperienced enthusiasts, not one word is said, nor one suggestion made, of a general right "to choose our own governors, to cashier them for misconduct, and to form a government for ourselves."
This Declaration of Right (the act of the 1st of William and Mary, sess. 2, ch. 2) is the corner-stone of our Constitution, as reinforced, explained, improved, and in its fundamental principles forever settled. It is called "An act for declaring the rights and liberties of the subject, and for settling the succession of the crown." You will observe that these rights and this succession are declared in one body, and bound indissolubly together.
A few years after this period, a second opportunity offered for asserting a right of election to the crown. On the prospect of a total failure of issue from King William, and from the princess, afterwards Queen Anne, the consideration of the settlement of the Crown, and of a further security for the liberties of the people, again came before the legislature. Did they this second time make any provision for legalizing the crown on the spurious Revolution principles of the Old Jewry? No. They followed the principles which prevailed in the Declaration of Right; indicating with more precision the persons who were to inherit in the Protestant line. This act also incorporated, by the same policy, our liberties and an hereditary succession in the same act. Instead of a right to choose our own governors, they declared that the succession in that line (the Protestant line drawn from James the First) was absolutely necessary "for the peace, quiet, and security of the realm," and that it was equally urgent on them "to maintain a certainty in the succession thereof, to which the subjects may safely have recourse for their protection." Both these acts, in which are heard the unerring, unambiguous oracles of Revolution policy, instead of countenancing the delusive gypsy predictions of a "right to choose our governors," prove to a demonstration how totally adverse the wisdom of the nation was from turning a case of necessity into a rule of law.
Unquestionably there was at the Revolution, in the person of King William, a small and a temporary deviation from the strict order of a regular hereditary succession; but it is against all genuine principles of jurisprudence to draw a principle from a law made in a special case and regarding an individual person. Privilegium non transit in exemplum. If ever there was a time favorable for establishing the principle that a king of popular choice was the only legal king, without all doubt it was at the Revolution. Its not being done at that time is a proof that the nation was of opinion it ought not to be done at any time. There is no person so completely ignorant of our history as not to know that the majority in Parliament, of both parties, were so little disposed to anything resembling that principle, that at first they were determined to place the vacant crown, not on the head of the Prince of Orange, but on that of his wife, Mary, daughter of King James, the eldest born of the issue of that king, which they acknowledged as undoubtedly his. It would be to repeat a very trite story, to recall to your memory all those circumstances which demonstrated that their accepting King William was not properly a choice; but to all those who did not wish in effect to recall King James, or to deluge their country in blood, and again to bring their religion, laws, and liberties into the peril they had just escaped, it was an act of necessity, in the strictest moral sense in which necessity can be taken.
In the very act in which, for a time, and in a single case, Parliament departed from the strict order of inheritance, in favor of a prince who, though not next, was, however, very near in the line of succession, it is curious to observe how Lord Somers, who drew the bill called the Declaration of Right, has comported himself on that delicate occasion. It is curious to observe with what address this temporary solution of continuity is kept from the eye; whilst all that could be found in this act of necessity to countenance the idea of an hereditary succession is brought forward, and fostered, and made the most of, by this great man, and by the legislature who followed him. Quitting the dry, imperative style of an act of Parliament, he makes the Lords and Commons fall to a pious legislative ejaculation, and declare that they consider it "as a marvellous providence, and merciful goodness of God to this nation, to preserve their said Majesties' royal persons most happily to reign over us on the throne of their ancestors, for which, from the bottom of their hearts, they return their humblest thanks and praises." The legislature plainly had in view the Act of Recognition of the first of Queen Elizabeth, chap. 3rd, and of that of James the First, chap. 1st, both acts strongly declaratory of the inheritable nature of the crown; and in many parts they follow, with a nearly literal precision, the words, and even the form of thanksgiving which is found in these old declaratory statutes.
The two Houses, in the act of King William, did not thank God that they had found a fair opportunity to assert a right to choose their own governors, much less to make an election the only lawful title to the crown. Their having been in a condition to avoid the very appearance of it, as much as possible, was by them considered as a providential escape. They threw a politic, well-wrought veil over every circumstance tending to weaken the rights which in the meliorated order of succession they meant to perpetuate, or which might furnish a precedent for any future departure from what they had then settled forever. Accordingly, that they might not relax the nerves of their monarchy, and that they might preserve a close conformity to the practice of their ancestors, as it appeared in the declaratory statutes of Queen Mary[81] and Queen Elizabeth, in the next clause they vest, by recognition, in their Majesties all the legal prerogatives of the crown, declaring "that in them they are most fully, rightfully, and entirely invested, incorporated, united, and annexed." In the clause which follows, for preventing questions, by reason of any pretended titles to the crown, they declare (observing also in this the traditionary language, along with the traditionary policy of the nation, and repeating as from a rubric the language of the preceding acts of Elizabeth and James) that on the preserving "a certainty in the SUCCESSION thereof the unity, peace, and tranquillity of this nation doth, under God, wholly depend."
They knew that a doubtful title of succession would but too much resemble an election, and that an election would be utterly destructive of the "unity, peace, and tranquillity of this nation," which they thought to be considerations of some moment. To provide for these objects, and therefore to exclude forever the Old Jewry doctrine of "a right to choose our own governors," they follow with a clause containing a most solemn pledge, taken from the preceding act of Queen Elizabeth,—as solemn a pledge as ever was or can be given in favor of an hereditary succession, and as solemn a renunciation as could be made of the principles by this society imputed to them:—"The Lords Spiritual and Temporal, and Commons, do, in the name of all the people aforesaid, most humbly and faithfully submit themselves, their heirs, and posterities forever; and do faithfully promise that they will stand to, maintain, and defend their said Majesties, and also the limitation of the crown, herein specified and contained, to the utmost of their powers," &c., &c.
So far is it from being true that we acquired a right by the Revolution to elect our kings, that, if we had possessed it before, the English nation did at that time most solemnly renounce and abdicate it, for themselves, and for all their posterity forever. These gentlemen may value themselves as much as they please on their Whig principles; but I never desire to be thought a better Whig than Lord Somers, or to understand the principles of the Revolution better than those by whom it was brought about, or to read in the Declaration of Right any mysteries unknown to those whose penetrating style has engraved in our ordinances, and in our hearts, the words and spirit of that immortal law.
It is true, that, aided with the powers derived from force and opportunity, the nation was at that time, in some sense, free to take what course it pleased for filling the throne,—but only free to do so upon the same grounds on which they might have wholly abolished their monarchy, and every other part of their Constitution. However, they did not think such bold changes within their commission. It is, indeed, difficult, perhaps impossible, to give limits to the mere abstract competence of the supreme power, such as was exercised by Parliament at that time; but the limits of a moral competence, subjecting, even in powers more indisputably sovereign, occasional will to permanent reason, and to the steady maxims of faith, justice, and fixed fundamental policy, are perfectly intelligible, and perfectly binding upon those who exercise any authority, under any name, or under any title, in the state. The House of Lords, for instance, is not morally competent to dissolve the House of Commons,—no, nor even to dissolve itself, nor to abdicate, if it would, its portion in the legislature of the kingdom. Though a king may abdicate for his own person, he cannot abdicate for the monarchy. By as strong, or by a stronger reason, the House of Commons cannot renounce its share of authority. The engagement and pact of society, which generally goes by the name of the Constitution, forbids such invasion and such surrender. The constituent parts of a state are obliged to hold their public faith with each other, and with all those who derive any serious interest under their engagements, as much as the whole state is bound to keep its faith with separate communities: otherwise, competence and power would soon be confounded, and no law be left but the will of a prevailing force. On this principle, the succession of the crown has always been what it now is, an hereditary succession by law: in the old line it was a succession by the Common Law; in the new by the statute law, operating on the principles of the Common Law, not changing the substance, but regulating the mode and describing the persons. Both these descriptions of law are of the same force, and are derived from an equal authority, emanating from the common agreement and original compact of the state, communi sponsione reipublicae, and as such are equally binding on king, and people too, as long as the terms are observed, and they continue the same body politic.
It is far from impossible to reconcile, if we do not suffer ourselves to be entangled in the mazes of metaphysic sophistry, the use both of a fixed rule and an occasional deviation,—the sacredness of an hereditary principle of succession in our government with a power of change in its application in cases of extreme emergency. Even in that extremity, (if we take the measure of our rights by our exercise of them at the Revolution,) the change is to be confined to the peccant part only,—to the part which produced the necessary deviation; and even then it is to be effected without a decomposition of the whole civil and political mass, for the purpose of originating a new civil order out of the first elements of society.
A state without the means of some change is without the means of its conservation. Without such means it might even risk the loss of that part of the Constitution which it wished the most religiously to preserve. The two principles of conservation and correction operated strongly at the two critical periods of the Restoration and Revolution, when England found itself without a king. At both those periods the nation had lost the bond of union in their ancient edifice: they did not, however, dissolve the whole fabric. On the contrary, in both cases they regenerated the deficient part of the old Constitution through the parts which were not impaired. They kept these old parts exactly as they were, that the part recovered might be suited to them. They acted by the ancient organized states in the shape of their old organization, and not by the organic moleculae of a disbanded people. At no time, perhaps, did the sovereign legislature manifest a more tender regard to that fundamental principle of British constitutional policy than at the time of the Revolution, when it deviated from the direct line of hereditary succession. The crown was carried somewhat out of the line in which it had before moved; but the new line was derived from the same stock. It was still a line of hereditary descent; still an hereditary descent in the same blood, though an hereditary descent qualified with Protestantism. When the legislature altered the direction, but kept the principle, they showed that they held it inviolable.
On this principle, the law of inheritance had admitted some amendment in the old time, and long before the era of the Revolution. Some time after the Conquest great questions arose upon the legal principles of hereditary descent. It became a matter of doubt whether the heir per capita or the heir per stirpes was to succeed; but whether the heir per capita gave way when the heirdom per stirpes took place, or the Catholic heir when the Protestant was preferred, the inheritable principle survived with a sort of immortality through all transmigrations,—
Multosque per annos Stat fortuna domus, et avi numerantur avorum.
This is the spirit of our Constitution, not only in its settled course, but in all its revolutions. Whoever came in, or however he came in, whether he obtained the crown by law or by force, the hereditary succession was either continued or adopted.
The gentlemen of the Society for Revolutions see nothing in that of 1688 but the deviation from the Constitution; and they take the deviation from the principle for the principle. They have little regard to the obvious consequences of their doctrine, though they may see that it leaves positive authority in very few of the positive institutions of this country. When such an unwarrantable maxim is once established, that no throne is lawful but the elective, no one act of the princes who preceded this era of fictitious election can be valid. Do these theorists mean to imitate some of their predecessors, who dragged the bodies of our ancient sovereigns out of the quiet of their tombs? Do they mean to attaint and disable backwards all the kings that have reigned before the Revolution, and consequently to stain the throne of England with the blot of a continual usurpation? Do they mean to invalidate, annul, or to call into question, together with the titles of the whole line of our kings, that great body of our statute law which passed under those whom they treat as usurpers? to annul laws of inestimable value to our liberties,—of as great value at least as any which have passed at or since the period of the Revolution? If kings who did not owe their crown to the choice of their people had no title to make laws, what will become of the statute De tallagio non concedendo? of the Petition of Right? of the act of Habeas Corpus? Do these new doctors of the rights of men presume to assert that King James the Second, who came to the crown as next of blood, according to the rules of a then unqualified succession, was not to all intents and purposes a lawful king of England, before he had done any of those acts which were justly construed into an abdication of his crown? If he was not, much trouble in Parliament might have been saved at the period these gentlemen commemorate. But King James was a bad king with a good title, and not an usurper. The princes who succeeded according to the act of Parliament which settled the crown on the Electress Sophia and on her descendants, being Protestants, came in as much by a title of inheritance as King James did. He came in according to the law, as it stood at his accession to the crown; and the princes of the House of Brunswick came to the inheritance of the crown, not by election, but by the law, as it stood at their several accessions, of Protestant descent and inheritance, as I hope I have shown sufficiently.
The law by which this royal family is specifically destined to the succession is the act of the 12th and 13th of King William. The terms of this act bind "us, and our heirs, and our posterity, to them, their heirs, and their posterity," being Protestants, to the end of time, in the same words as the Declaration of Right had bound us to the heirs of King William and Queen Mary. It therefore secures both an hereditary crown and an hereditary allegiance. On what ground, except the constitutional policy of forming an establishment to secure that kind of succession which is to preclude a choice of the people forever, could the legislature have fastidiously rejected the fair and abundant choice which our own country presented to them, and searched in strange lands for a foreign princess, from whose womb the line of our future rulers were to derive their title to govern millions of men through a series of ages?
The Princess Sophia was named in the act of settlement of the 12th and 13th of King William, for a stock and root of inheritance to our kings, and not for her merits as a temporary administratrix of a power which she might not, and in fact did not, herself ever exercise. She was adopted for one reason, and for one only,—because, says the act, "the most excellent Princess Sophia, Electress and Duchess Dowager of Hanover, is daughter of the most excellent Princess Elizabeth, late Queen of Bohemia, daughter of our late sovereign lord King James the First, of happy memory, and is hereby declared to be the next in succession in the Protestant line," &c., &c.; "and the crown shall continue to the heirs of her body, being Protestants." This limitation was made by Parliament, that through the Princess Sophia an inheritable line not only was to be continued in future, but (what they thought very material) that through her it was to be connected with the old stock of inheritance in King James the First; in order that the monarchy might preserve an unbroken unity through all ages, and might be preserved (with safety to our religion) in the old approved mode by descent, in which, if our liberties had been once endangered, they had often, through all storms and struggles of prerogative and privilege, been preserved. They did well. No experience has taught us that in any other course or method than that of an hereditary crown our liberties can be regularly perpetuated and preserved sacred as our hereditary right. An irregular, convulsive movement may be necessary to throw off an irregular, convulsive disease. But the course of succession is the healthy habit of the British Constitution. Was it that the legislature wanted, at the act for the limitation of the crown in the Hanoverian line, drawn through the female descendants of James the First, a due sense of the inconveniences of having two or three, or possibly more, foreigners in succession to the British throne? No!—they had a due sense of the evils which might happen from such foreign rule, and more than a due sense of them. But a more decisive proof cannot be given of the full conviction of the British nation that the principles of the Revolution did not authorize them to elect kings at their pleasure, and without any attention to the ancient fundamental principles of our government, than their continuing to adopt a plan of hereditary Protestant succession in the old line, with all the dangers and all the inconveniences of its being a foreign line full before their eyes, and operating with the utmost force upon their minds.
A few years ago I should be ashamed to overload a matter so capable of supporting itself by the then unnecessary support of any argument; but this seditious, unconstitutional doctrine is now publicly taught, avowed, and printed. The dislike I feel to revolutions, the signals for which have so often been given from pulpits,—the spirit of change that is gone abroad,—the total contempt which prevails with you, and may come to prevail with us, of all ancient institutions, when set in opposition to a present sense of convenience, or to the bent of a present inclination,—all these considerations make it not unadvisable, in my opinion, to call back our attention to the true principles of our own domestic laws, that you, my French friend, should begin to know, and that we should continue to cherish them. We ought not, on either side of the water, to suffer ourselves to be imposed upon by the counterfeit wares which some persons, by a double fraud, export to you in illicit bottoms, as raw commodities of British growth, though wholly alien to our soil, in order afterwards to smuggle them back again into this country, manufactured after the newest Paris fashion of an improved liberty. |
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