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The people of England will not ape the fashions they have never tried, nor go back to those which they have found mischievous on trial. They look upon the legal hereditary succession of their crown as among their rights, not as among their wrongs,—as a benefit, not as a grievance,—as a security for their liberty, not as a badge of servitude. They look on the frame of their commonwealth, such as it stands, to be of inestimable value; and they conceive the undisturbed succession of the crown to be a pledge of the stability and perpetuity of all the other members of our Constitution.
I shall beg leave, before I go any further, to take notice of some paltry artifices which the abettors of election as the only lawful title to the crown are ready to employ, in order to render the support of the just principles of our Constitution a task somewhat invidious. These sophisters substitute a fictitious cause, and feigned personages, in whose favor they suppose you engaged, whenever you defend the inheritable nature of the crown. It is common with them to dispute as if they were in a conflict with some of those exploded fanatics of slavery who formerly maintained, what I believe no creature now maintains, "that the crown is held by divine, hereditary, and indefeasible right." These old fanatics of single arbitrary power dogmatized as if hereditary royalty was the only lawful government in the world,—just as our new fanatics of popular arbitrary power maintain that a popular election is the sole lawful source of authority. The old prerogative enthusiasts, it is true, did speculate foolishly, and perhaps impiously too, as if monarchy had more of a divine sanction than any other mode of government,—and as if a right to govern by inheritance were in strictness indefeasible in every person who should be found in the succession to a throne, and under every circumstance, which no civil or political right can be. But an absurd opinion concerning the king's hereditary right to the crown does not prejudice one that is rational, and bottomed upon solid principles of law and policy. If all the absurd theories of lawyers and divines were to vitiate the objects in which they are conversant, we should have no law and no religion left in the world. But an absurd theory on one side of a question forms no justification for alleging a false fact or promulgating mischievous maxims on the other.
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The second claim of the Revolution Society is "a right of cashiering their governors for misconduct." Perhaps the apprehensions our ancestors entertained of forming such a precedent as that "of cashiering for misconduct" was the cause that the declaration of the act which implied the abdication of King James was, if it had any fault, rather too guarded and too circumstantial.[82] But all this guard, and all this accumulation of circumstances, serves to show the spirit of caution which predominated in the national councils, in a situation in which men irritated by oppression, and elevated by a triumph over it, are apt to abandon themselves to violent and extreme courses; it shows the anxiety of the great men who influenced the conduct of affairs at that great event to make the Revolution a parent of settlement, and not a nursery of future revolutions.
No government could stand a moment, if it could be blown down with anything so loose and indefinite as an opinion of "misconduct." They who led at the Revolution grounded their virtual abdication of King James upon no such light and uncertain principle. They charged him with nothing less than a design, confirmed by a multitude of illegal overt acts, to subvert the Protestant Church and State, and their fundamental, unquestionable laws and liberties: they charged him with having broken the original contrast between king and people. This was more than misconduct. A grave and overruling necessity obliged them to take the step they took, and took with infinite reluctance, as under that most rigorous of all laws. Their trust for the future preservation of the Constitution was not in future revolutions. The grand policy of all their regulations was to render it almost impracticable for any future sovereign to compel the states of the kingdom to have again recourse to those violent remedies. They left the crown, what in the eye and estimation of law it had ever been, perfectly irresponsible. In order to lighten the crown still further, they aggravated responsibility on ministers of state. By the statute of the first of King William, sess. 2d, called "the act for declaring the rights and liberties of the subject, and for settling the succession of the crown," they enacted that the ministers should serve the crown on the terms of that declaration. They secured soon after the frequent meetings of Parliament, by which the whole government would be under the constant inspection and active control of the popular representative and of the magnates of the kingdom. In the next great constitutional act, that of the 12th and 13th of King William, for the further limitation of the crown, and better securing the rights and liberties of the subject, they provided "that no pardon under the great seal of England should be pleadable to an impeachment by the Commons in Parliament." The rule laid down for government in the Declaration of Right, the constant inspection of Parliament, the practical claim of impeachment, they thought infinitely a better security not only for their constitutional liberty, but against the vices of administration, than the reservation of a right so difficult in the practice, so uncertain in the issue, and often so mischievous in the consequences, as that "cashiering their governors."
Dr. Price, in this sermon,[83] condemns, very properly, the practice of gross adulatory addresses to kings. Instead of this fulsome style, he proposes that his Majesty should be told, on occasions of congratulation, that "he is to consider himself as more properly the servant than the sovereign of his people." For a compliment, this new form of address does not seem to be very soothing. Those who are servants in name, as well as in effect, do not like to be told of their situation, their duty, and their obligations. The slave in the old play tells his master, "Haec commemeratio est quasi exprobratio." It is not pleasant as compliment; it is not wholesome as instruction. After all, if the king were to bring himself to echo this new kind of address, to adopt it in terms, and even to take the appellation of Servant of the People as his royal style, how either he or we should be much mended by it I cannot imagine. I have seen very assuming letters signed, "Your most obedient, humble servant." The proudest domination that ever was endured on earth took a title of still greater humility than that which is now proposed for sovereigns by the Apostle of Liberty. Kings and nations were trampled upon by the foot of one calling himself "The Servant of Servants"; and mandates for deposing sovereigns were sealed with the signet of "The Fisherman."
I should have considered all this as no more than a sort of flippant, vain discourse, in which, as in an unsavory fume, several persons suffer the spirit of liberty to evaporate, if it were not plainly in support of the idea, and a part of the scheme, of "cashiering kings for misconduct." In that light it is worth some observation.
Kings, in one sense, are undoubtedly the servants of the people, because their power has no other rational end than that of the general advantage; but it is not true that they are, in the ordinary sense, (by our Constitution, at least,) anything like servants,—the essence of whose situation is to obey the commands of some other, and to be removable at pleasure. But the king of Great Britain obeys no other person; all other persons are individually, and collectively too, under him, and owe to him a legal obedience. The law, which knows neither to flatter nor to insult, calls this high-magistrate, not our servant, as this humble divine calls him, but "our sovereign lord the king"; and we, on our parts, have learned to speak only the primitive language of the law, and not the confused jargon of their Babylonian pulpits.
As he is not to obey us, but we are to obey the law in him, our Constitution has made no sort of provision towards rendering him, as a servant, in any degree responsible. Our Constitution knows nothing of a magistrate like the Justicia of Aragon,—nor of any court legally appointed, nor of any process legally settled, for submitting the king to the responsibility belonging to all servants. In this he is not distinguished from the commons and the lords, who, in their several public capacities, can never be called to an account for their conduct; although the Revolution Society chooses to assert, in direct opposition to one of the wisest and most beautiful parts of our Constitution, that "a king is no more than the first servant of the public, created by it, and responsible to it."
Ill would our ancestors at the Revolution have deserved their fame for wisdom, if they had found no security for their freedom, but in rendering their government feeble in its operations and precarious in its tenure,—if they had been able to contrive no better remedy against arbitrary power than civil confusion. Let these gentlemen state who that representative public is to whom they will affirm the king, as a servant, to be responsible. It will be then time enough for me to produce to them the positive statute law which affirms that he is not.
The ceremony of cashiering kings, of which these gentlemen talk so much at their ease, can rarely, if ever, be performed without force. It then becomes a case of war, and not of constitution. Laws are commanded to hold their tongues amongst arms; and tribunals fall to the ground with the peace they are no longer able to uphold. The Revolution of 1688 was obtained by a just war, in the only case in which any war, and much more a civil war, can be just. "Justa bella quibus NECESSARIA." The question of dethroning, or, if these gentlemen, like the phrase better, "cashiering kings," will always be, as it has always been, an extraordinary question of state, and wholly out of the law: a question (like all other questions of state) of dispositions, and of means, and of probable consequences, rather than of positive rights. As it was not made for common abuses, so it is not to be agitated by common minds. The speculative line of demarcation, where obedience ought to end and resistance must begin, is faint, obscure, and not easily definable. It is not a single act or a single event which determines it. Governments must be abused and deranged indeed, before it can be thought of; and the prospect of the future must be as bad as the experience of the past. When things are in that lamentable condition, the nature of the disease is to indicate the remedy to those whom Nature has qualified to administer in extremities this critical, ambiguous, bitter potion to a distempered state. Times and occasions and provocations will teach their own lessons. The wise will determine from the gravity of the case; the irritable, from sensibility to oppression; the high-minded, from disdain and indignation at abusive power in unworthy hands; the brave and bold, from the love of honorable danger in a generous cause: but, with or without right, a revolution will be the very last resource of the thinking and the good.
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The third head of right asserted by the pulpit of the Old Jewry, namely, the "right to form a government for ourselves," has, at least, as little countenance from anything done at the Revolution, either in precedent or principle, as the two first of their claims. The Revolution was made to preserve our ancient indisputable laws and liberties, and that ancient constitution of government which is our only security for law and liberty. If you are desirous of knowing the spirit of our Constitution, and the policy which predominated in that great period which has secured it to this hour, pray look for both in our histories, in our records, in our acts of Parliament and journals of Parliament, and not in the sermons of the Old Jewry, and the after-dinner toasts of the Revolution Society. In the former you will find other ideas and another language. Such a claim is as ill-suited to our temper and wishes as it is unsupported by any appearance of authority. The very idea of the fabrication of a new government is enough to fill us with disgust and horror. We wished at the period of the Revolution, and do now wish, to derive all we possess as an inheritance from our forefathers. Upon that body and stock of inheritance we have taken care not to inoculate any scion alien to the nature of the original plant. All the reformations we have hitherto made have proceeded upon the principle of reference to antiquity; and I hope, nay, I am persuaded, that all those which possibly may be made hereafter will be carefully formed upon analogical precedent, authority, and example.
Our oldest reformation is that of Magna Charta. You will see that Sir Edward Coke, that great oracle of our law, and indeed all the great men who follow him, to Blackstone,[84] are industrious to prove the pedigree of our liberties. They endeavor to prove that the ancient charter, the Magna Charta of King John, was connected with another positive charter from Henry the First, and that both the one and the other were nothing more than a reaffirmance of the still more ancient standing law of the kingdom. In the matter of fact, for the greater part, these authors appear to be in the right; perhaps not always: but if the lawyers mistake in some particulars, it proves my position still the more strongly; because it demonstrates the powerful prepossession towards antiquity with which the minds of all our lawyers and legislators, and of all the people whom they wish to influence, have been always filled, and the stationary policy of this kingdom in considering their most sacred rights and franchises as an inheritance.
In the famous law of the 3rd of Charles the First, called the Petition of Right, the Parliament says to the king, "Your subjects have inherited this freedom": claiming their franchises, not on abstract principles, "as the rights of men," but as the rights of Englishmen, and as a patrimony derived from their forefathers. Selden, and the other profoundly learned men who drew this Petition of Right, were as well acquainted, at least, with all the general theories concerning the "rights of men" as any of the discoursers in our pulpits or on your tribune: full as well as Dr. Price, or as the Abbe Sieyes. But, for reasons worthy of that practical wisdom which superseded their theoretic science, they preferred this positive, recorded, hereditary title to all which can be dear to the man and the citizen to that vague, speculative right which exposed their sure inheritance to be scrambled for and torn to pieces by every wild, litigious spirit.
The same policy pervades all the laws which have since been made for the preservation of our liberties. In the 1st of William and Mary, in the famous statute called the Declaration of Right, the two Houses utter not a syllable of "a right to frame a government for themselves." You will see that their whole care was to secure the religion, laws, and liberties that had been long possessed, and had been lately endangered. "Taking[85] into their most serious consideration the best means for making such an establishment that their religion, laws, and liberties might not be in danger of being again subverted," they auspicate all their proceedings by stating as some of those best means, "in the first place," to do "as their ancestors in like cases have usually done for vindicating their ancient rights and liberties, to declare";—and then they pray the king and queen "that it may be declared and enacted that all and singular the rights and liberties asserted and declared are the true ancient and indubitable rights and liberties of the people of this kingdom."
You will observe, that, from Magna Charta to the Declaration of Right, it has been the uniform policy of our Constitution to claim and assert our liberties as an entailed inheritance derived to us from our forefathers, and to be transmitted to our posterity,—as an estate specially belonging to the people of this kingdom, without any reference whatever to any other more general or prior right. By this means our Constitution preserves an unity in so great a diversity of its parts. We have an inheritable crown, an inheritable peerage, and a House of Commons and a people inheriting privileges, franchises, and liberties from a long line of ancestors.
This policy appears to me to be the result of profound reflection,—or rather the happy effect of following Nature, which is wisdom without reflection, and above it. A spirit of innovation is generally the result of a selfish temper and confined views. People will not look forward to posterity, who never look backward to their ancestors. Besides, the people of England well know that the idea of inheritance furnishes a sure principle of conservation, and a sure principle of transmission, without at all excluding a principle of improvement. It leaves acquisition free; but it secures what it acquires. Whatever advantages are obtained by a state proceeding on these maxims are locked fast as in a sort of family settlement, grasped as in a kind of mortmain forever. By a constitutional policy working after the pattern of Nature, we receive, we hold, we transmit our government and our privileges, in the same manner in which we enjoy and transmit our property and our lives. The institutions of policy, the goods of fortune, the gifts of Providence, are handed down to us, and from us, in the same course and order. Our political system is placed in a just correspondence and symmetry with the order of the world, and with the mode of existence decreed to a permanent body composed of transitory parts,—wherein, by the disposition of a stupendous wisdom, moulding together the great mysterious incorporation of the human race, the whole, at one time, is never old or middle-aged or young, but, in a condition of unchangeable constancy, moves on through the varied tenor of perpetual decay, fall, renovation, and progression. Thus, by preserving the method of Nature in the conduct of the state, in what we improve we are never wholly new, in what we retain we are never wholly obsolete. By adhering in this manner and on those principles to our forefathers, we are guided, not by the superstition of antiquarians, but by the spirit of philosophic analogy. In this choice of inheritance we have given to our frame of polity the image of a relation in blood: binding up the Constitution of our country with our dearest domestic ties; adopting our fundamental laws into the bosom of our family affections; keeping inseparable, and cherishing with the warmth of all their combined and mutually reflected charities, our state, our hearths, our sepulchres, and our altars.
Through the same plan of a conformity to Nature in our artificial institutions, and by calling in the aid of her unerring and powerful instincts to fortify the fallible and feeble contrivances of our reason, we have derived several other, and those no small benefits, from considering our liberties in the light of an inheritance. Always acting as if in the presence of canonized forefathers, the spirit of freedom, leading in itself to misrule and excess, is tempered with an awful gravity. This idea of a liberal descent inspires us with a sense of habitual native dignity, which prevents that upstart insolence almost inevitably adhering to and disgracing those who are the first acquirers of any distinction. By this means our liberty becomes a noble freedom. It carries an imposing and majestic aspect. It has a pedigree and illustrating ancestors. It has its bearings and its ensigns armorial. It has its gallery of portraits, its monumental inscriptions, its records, evidences, and titles. We procure reverence to our civil institutions on the principle upon which Nature teaches us to revere individual men: on account of their age, and on account of those from whom they are descended. All your sophisters cannot produce anything better adapted to preserve a rational and manly freedom than the course that we have pursued, who have chosen our nature rather than our speculations, our breasts rather than our inventions, for the great conservatories and magazines of our rights and privileges.
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You might, if you pleased, have profited of our example, and have given to your recovered freedom a correspondent dignity. Your privileges, though discontinued, were not lost to memory. Your Constitution, it is true, whilst you were out of possession, suffered waste and dilapidation; but you possessed in some parts the walls, and in all the foundations, of a noble and venerable castle. You might have repaired those walls; you might have built on those old foundations. Your Constitution was suspended before it was perfected; but you had the elements of a Constitution very nearly as good as could be wished. In your old states you possessed that variety of parts corresponding with the various descriptions of which your community was happily composed; you had all that combination and all that opposition of interests, you had that action and counteraction, which, in the natural and in the political world, from the reciprocal struggle of discordant powers draws out the harmony of the universe. These opposed and conflicting interests, which you considered as so great a blemish in your old and in our present Constitution, interpose a salutary check to all precipitate resolutions. They render deliberation a matter, not of choice, but of necessity; they make all change a subject of compromise, which naturally begets moderation; they produce temperaments, preventing the sore evil of harsh, crude, unqualified reformations, and rendering all the headlong exertions of arbitrary power, in the few or in the many, forever impracticable. Through that diversity of members and interests, general liberty had as many securities as there were separate views in the several orders; whilst by pressing down the whole by the weight of a real monarchy, the separate parts would have been prevented from warping and starting from their allotted places.
You had all these advantages in your ancient states; but you chose to act as if you had never been moulded into civil society, and had everything to begin anew. You began ill, because you began by despising everything that belonged to you. You set up your trade without a capital. If the last generations of your country appeared without much lustre in your eyes, you might have passed them by, and derived your claims from a more early race of ancestors. Under a pious predilection for those ancestors, your imaginations would have realized in them a standard of virtue and wisdom beyond the vulgar practice of the hour; and you would have risen with the example to whose imitation you aspired. Respecting your forefathers, you would have been taught to respect yourselves. You would not have chosen to consider the French as a people of yesterday, as a nation of low-born, servile wretches until the emancipating year of 1789. In order to furnish, at the expense of your honor, an excuse to your apologists here for several enormities of yours, you would not have been content to be represented as a gang of Maroon slaves, suddenly broke loose from the house of bondage, and therefore to be pardoned for your abuse of the liberty to which you were not accustomed, and were ill fitted. Would it not, my worthy friend, have been wiser to have you thought, what I for one always thought you, a generous and gallant nation, long misled to your disadvantage by your high and romantic sentiments of fidelity, honor, and loyalty; that events had been unfavorable to you, but that you were not enslaved through any illiberal or servile disposition; that, in your most devoted submission, you were actuated by a principle of public spirit; and that it was your country you worshipped, in the person of your king? Had you made it to be understood, that, in the delusion of this amiable error, you had gone further than your wise ancestors,—that you were resolved to resume your ancient privileges, whilst you preserved the spirit of your ancient and your recent loyalty and honor; or if, diffident of yourselves, and not clearly discerning the almost obliterated Constitution of your ancestors, you had looked to your neighbors in this land, who had kept alive the ancient principles and models of the old common law of Europe, meliorated and adapted to its present state,—by following wise examples you would have given new examples of wisdom to the world. You would have rendered the cause of liberty venerable in the eyes of every worthy mind in every nation. You would have shamed despotism from the earth, by showing that freedom was not only reconcilable, but, as, when well disciplined, it is, auxiliary to law. You would have had an unoppressive, but a productive revenue. You would have had a flourishing commerce to feed it. You would have had a free Constitution, a potent monarchy, a disciplined army, a reformed and venerated clergy,—a mitigated, but spirited nobility, to lead your virtue, not to overlay it; you would have had a liberal order of commons, to emulate and to recruit that nobility; you would have had a protected, satisfied, laborious, and obedient people, taught to seek and to recognize the happiness that is to be found by virtue in all conditions,—in which consists the true moral equality of mankind, and not in that monstrous fiction which, by inspiring false ideas and vain expectations into men destined to travel in the obscure walk of laborious life, serves only to aggravate and embitter that real inequality which it never can remove, and which the order of civil life establishes as much for the benefit of those whom it must leave in an humble state as those whom it is able to exalt to a condition more splendid, but not more happy. You had a smooth and easy career of felicity and glory laid open to you, beyond anything recorded in the history of the world; but you have shown that difficulty is good for man.
Compute your gains; see what is got by those extravagant and presumptuous speculations which have taught your leaders to despise all their predecessors, and all their contemporaries, and even to despise themselves, until the moment in which they became truly despicable. By following those false lights, France has bought undisguised calamities at a higher price than any nation has purchased the most unequivocal blessings. France has bought poverty by crime. France has not sacrificed her virtue to her interest; but she has abandoned her interest, that she might prostitute her virtue. All other nations have begun the fabric of a new government, or the reformation of an old, by establishing originally, or by enforcing with greater exactness, some rites or other of religion. All other people have laid the foundations of civil freedom in severer manners, and a system of a more austere and masculine morality. France, when she let loose the reins of regal authority, doubled the license of a ferocious dissoluteness in manners, and of an insolent irreligion in opinions and practices,—and has extended through all ranks of life, as if she were communicating some privilege, or laying open some secluded benefit, all the unhappy corruptions that usually were the disease of wealth and power. This is one of the new principles of equality in France.
France, by the perfidy of her leaders, has utterly disgraced the tone of lenient council in the cabinets of princes, and disarmed it of its most potent topics. She has sanctified the dark, suspicious maxims of tyrannous distrust, and taught kings to tremble at (what will hereafter be called) the delusive plausibilities of moral politicians. Sovereigns will consider those who advise them to place an unlimited confidence in their people as subverters of their thrones,—as traitors who aim at their destruction, by leading their easy good-nature, under specious pretences, to admit combinations of bold and faithless men into a participation of their power. This alone (if there were nothing else) is an irreparable calamity to you and to mankind. Remember that your Parliament of Paris told your king, that, in calling the states together, he had nothing to fear but the prodigal excess of their zeal in providing for the support of the throne. It is right that these men should hide their heads. It is right that they should bear their part in the ruin which their counsel has brought on their sovereign and their country. Such sanguine declarations tend to lull authority asleep,—to encourage it rashly to engage in perilous adventures of untried policy,—to neglect those provisions, preparations, and precautions which distinguish benevolence from imbecility, and without which no man can answer for the salutary effect of any abstract plan of government or of freedom. For want of these, they have seen the medicine of the state corrupted into its poison. They have seen the French rebel against a mild and lawful monarch, with more fury, outrage, and insult than ever any people has been known to rise against the most illegal usurper or the most sanguinary tyrant. Their resistance was made to concession; their revolt was from protection; their blow was aimed at a hand holding out graces, favors, and immunities.
This was unnatural. The rest is in order. They have found their punishment in their success. Laws overturned; tribunals subverted; industry without vigor; commerce expiring; the revenue unpaid, yet the people impoverished; a church pillaged, and a state not relieved; civil and military anarchy made the constitution of the kingdom; everything human and divine sacrificed to the idol of public credit, and national bankruptcy the consequence; and, to crown all, the paper securities of new, precarious, tottering power, the discredited paper securities of impoverished fraud and beggared rapine, held out as a currency for the support of an empire, in lieu of the two great recognized species that represent the lasting, conventional credit of mankind, which disappeared and hid themselves in the earth from whence they came, when the principle of property, whose creatures and representatives they are, was systematically subverted.
Were all these dreadful things necessary? Were they the inevitable results of the desperate struggle of determined patriots, compelled to wade through blood and tumult to the quiet shore of a tranquil and prosperous liberty? No! nothing like it. The fresh ruins of France, which shock our feelings wherever we can turn our eyes, are not the devastation of civil war: they are the sad, but instructive monuments of rash and ignorant counsel in time of profound peace. They are the display of inconsiderate and presumptuous, because unresisted and irresistible authority. The persons who have thus squandered away the precious treasure of their crimes, the persons who have made this prodigal and wild waste of public evils, (the last stake reserved for the ultimate ransom of the state,) have met in their progress with little, or rather with no opposition at all. Their whole march was more like a triumphal procession than the progress of a war. Their pioneers have gone before them, and demolished and laid everything level at their feet. Not one drop of their blood have they shed in the cause of the country they have ruined. They have made no sacrifices to their projects of greater consequence than their shoe-buckles, whilst they were imprisoning their king, murdering their fellow-citizens, and bathing in tears and plunging in poverty and distress thousands of worthy men and worthy families. Their cruelty has not even been the base result of fear. It has been the effect of their sense of perfect safety, in authorizing treasons, robberies, rapes, assassinations, slaughters, and burnings, throughout their harassed land. But the cause of all was plain from the beginning.
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This unforced choice, this fond election of evil, would appear perfectly unaccountable, if we did not consider the composition of the National Assembly: I do not mean its formal constitution, which, as it now stands, is exceptionable enough, but the materials of which in a great measure it is composed, which is of ten thousand times greater consequence than all the formalities in the world. If we were to know nothing of this assembly but by its title and function, no colors could paint to the imagination anything more venerable. In that light, the mind of an inquirer, subdued by such an awful image as that of the virtue and wisdom of a whole people collected into one focus, would pause and hesitate in condemning things even of the very worst aspect. Instead of blamable, they would appear only mysterious. But no name, no power, no function, no artificial institution whatsoever, can make the men, of whom any system of authority is composed, any other than God, and Nature, and education, and their habits of life have made them. Capacities beyond these the people have not to give. Virtue and wisdom may be the objects of their choice; but their choice confers neither the one nor the other on those upon whom they lay their ordaining hands. They have not the engagement of Nature, they have not the promise of Revelation for any such powers.
After I had read over the list of the persons and descriptions elected into the Tiers Etat, nothing which they afterwards did could appear astonishing. Among them, indeed, I saw some of known rank, some of shining talents; but of any practical experience in the state not one man was to be found. The best were only men of theory. But whatever the distinguished few may have been, it is the substance and mass of the body which constitutes its character, and must finally determine its direction. In all bodies, those who will lead must also, in a considerable degree, follow. They must conform their propositions to the taste, talent, and disposition of those whom they wish to conduct: therefore, if an assembly is viciously or feebly composed in a very great part of it, nothing but such a supreme degree of virtue as very rarely appears in the world, and for that reason cannot enter into calculation, will prevent the men of talents disseminated through it from becoming only the expert instruments of absurd projects. If, what is the more likely event, instead of that unusual degree of virtue, they should be actuated by sinister ambition and a lust of meretricious glory, then the feeble part of the assembly, to whom at first they conform, becomes, in its turn, the dupe and instrument of their designs. In this political traffic, the leaders will be obliged to bow to the ignorance of their followers, and the followers to become subservient to the worst designs of their leaders.
To secure any degree of sobriety in the propositions made by the leaders in any public assembly, they ought to respect, in some degree perhaps to fear, those whom they conduct. To be led any otherwise than blindly, the followers must be qualified, if not for actors, at least for judges; they must also be judges of natural weight and authority. Nothing can secure a steady and moderate conduct in such assemblies, but that the body of them should be respectably composed, in point of condition in life, of permanent property, of education, and of such habits as enlarge and liberalize the understanding.
In the calling of the States-General of France, the first thing that struck me was a great departure from the ancient course. I found the representation for the third estate composed of six hundred persons. They were equal in number to the representatives of both the other orders. If the orders were to act separately, the number would not, beyond the consideration of the expense, be of much moment. But when it became apparent that the three orders were to be melted down into one, the policy and necessary effect of this numerous representation became obvious. A very small desertion from either of the other two orders must throw the power of both into the hands of the third. In fact, the whole power of the state was soon resolved into that body. Its due composition became, therefore, of infinitely the greater importance.
Judge, Sir, of my surprise, when I found that a very great proportion of the Assembly (a majority, I believe, of the members who attended) was composed of practitioners in the law. It was composed, not of distinguished magistrates, who had given pledges to their country of their science, prudence, and integrity,—not of leading advocates, the glory of the bar,—not of renowned professors in universities,—but for the far greater part, as it must in such a number, of the inferior, unlearned, mechanical, merely instrumental members of the profession. There were distinguished exceptions; but the general composition was of obscure provincial advocates, of stewards of petty local jurisdictions, country attorneys, notaries, and the whole train of the ministers of municipal litigation, the fomenters and conductors of the petty war of village vexation. From the moment I read the list, I saw distinctly, and very nearly as it has happened, all that was to follow.
The degree of estimation in which any profession is held becomes the standard of the estimation in which the professors hold themselves. Whatever the personal merits of many individual lawyers might have been, (and in many it was undoubtedly very considerable,) in that military kingdom no part of the profession had been much regarded, except the highest of all, who often united to their professional offices great family splendor, and were invested with great power and authority. These certainly were highly respected, and even with no small degree of awe. The next rank was not much esteemed; the mechanical part was in a very low degree of repute.
Whenever the supreme authority is vested in a body so composed, it must evidently produce the consequences of supreme authority placed in the hands of men not taught habitually to respect themselves,—who had no previous fortune in character at stake,—who could not be expected to bear with moderation or to conduct with discretion a power which they themselves, more than any others, must be surprised to find in their hands. Who could flatter himself that these men, suddenly, and as it were by enchantment, snatched from the humblest rank of subordination, would not be intoxicated with their unprepared greatness? Who could conceive that men who are habitually meddling, daring, subtle, active, of litigious dispositions and unquiet minds, would easily fall back into their old condition of obscure contention, and laborious, low, and unprofitable chicane? Who could doubt but that, at any expense to the state, of which they understood nothing, they must pursue their private interests, which they understood but too well? It was not an event depending on chance or contingency. It was inevitable; it was necessary; it was planted in the nature of things. They must join (if their capacity did not permit them to lead) in any project which could procure to them a litigious constitution,—which could lay open to them those innumerable lucrative jobs which follow in the train of all great convulsions and revolutions in the state, and particularly in all great and violent permutations of property. Was it to be expected that they would attend to the stability of property, whose existence had always depended upon whatever rendered property questionable, ambiguous, and insecure? Their objects would be enlarged with their elevation; but their disposition, and habits, and mode of accomplishing their designs must remain the same.
Well! but these men were to be tempered and restrained by other descriptions, of more sober minds and more enlarged understandings. Were they, then, to be awed by the supereminent authority and awful dignity of a handful of country clowns, who have seats in that assembly, some of whom are said not to be able to read and write,—and by not a greater number of traders, who, though somewhat more instructed, and more conspicuous in the order of society, had never known anything beyond their counting-house? No! both these descriptions were more formed to be overborne and swayed by the intrigues and artifices of lawyers than to become their counterpoise. With such a dangerous disproportion, the whole must needs be governed by them.
To the faculty of law was joined a pretty considerable proportion of the faculty of medicine. This faculty had not, any more than that of the law, possessed in France its just estimation. Its professors, therefore, must have the qualities of men not habituated to sentiments of dignity. But supposing they had ranked as they ought to do, and as with us they do actually, the sides of sick-beds are not the academies for forming statesmen and legislators. Then came the dealers in stocks and funds, who must be eager, at any expense, to change their ideal paper wealth for the more solid substance of land. To these were joined men of other descriptions, from whom as little knowledge of or attention to the interests of a great state was to be expected, and as little regard to the stability of any institution,—men formed to be instruments, not controls.—Such, in general, was the composition of the Tiers Etat in the National Assembly; in which was scarcely to be perceived the slightest traces of what we call the natural landed interest of the country.
We know that the British House of Commons, without shutting its doors to any merit in any class, is, by the sure operation of adequate causes, filled with everything illustrious in rank, in descent, in hereditary and in acquired opulence, in cultivated talents, in military, civil, naval, and politic distinction, that the country can afford. But supposing, what hardly can be supposed as a case, that the House of Commons should be composed in the same manner with the Tiers Etat in France,—would this dominion of chicane be borne with patience, or even conceived without horror? God forbid I should insinuate anything derogatory to that profession which is another priesthood, administering the rights of sacred justice! But whilst I revere men in the functions which belong to them, and would do as much as one man can do to prevent their exclusion from any, I cannot, to flatter them, give the lie to Nature. They are good and useful in the composition; they must be mischievous, if they preponderate so as virtually to become the whole. Their very excellence in their peculiar functions may be far from a qualification for others. It cannot escape observation, that, when men are too much confined to professional and faculty habits, and, as it were, inveterate in the recurrent employment of that narrow circle, they are rather disabled than qualified for whatever depends on the knowledge of mankind, on experience in mixed affairs, on a comprehensive, connected view of the various, complicated, external, and internal interests which go to the formation of that multifarious thing called a State.
After all, if the House of Commons were to have an wholly professional and faculty composition, what is the power of the House of Commons, circumscribed and shut in by the immovable barriers of laws, usages, positive rules of doctrine and practice, counterpoised by the House of Lords, and every moment of its existence at the discretion of the crown to continue, prorogue, or dissolve us? The power of the House of Commons, direct or indirect, is, indeed, great: and long may it be able to preserve its greatness, and the spirit belonging to true greatness, at the full!—and it will do so, as long as it can keep the breakers of law in India from becoming the makers of law for England. The power, however, of the House of Commons, when least diminished, is as a drop of water in the ocean, compared to that residing in a settled majority of your National Assembly. That assembly, since the destruction of the orders, has no fundamental law, no strict convention, no respected usage to restrain it. Instead of finding themselves obliged to conform to a fixed constitution, they have a power to make a constitution which shall conform to their designs. Nothing in heaven or upon earth can serve as a control on them. What ought to be the heads, the hearts, the dispositions, that are qualified, or that dare, not only to make laws under a fixed constitution, but at one heat to strike out a totally new constitution for a great kingdom, and in every part of it, from the monarch on the throne to the vestry of a parish? But
"Fools rush in where angels fear to tread."
In such a state of unbounded power, for undefined and undefinable purposes, the evil of a moral and almost physical inaptitude of the man to the function must be the greatest we can conceive to happen in the management of human affairs.
Having considered the composition of the third estate, as it stood in its original frame, I took a view of the representatives of the clergy. There, too, it appeared that full as little regard was had to the general security of property, or to the aptitude of the deputies for their public purposes, in the principles of their election. That election was so contrived as to send a very large proportion of mere country curates to the great and arduous work of new-modelling a state: men who never had seen the state so much as in a picture; men who knew nothing of the world beyond the bounds of an obscure village; who, immersed in hopeless poverty, could regard all property, whether secular or ecclesiastical, with no other eye than that of envy; among whom must be many who, for the smallest hope of the meanest dividend in plunder, would readily join in any attempts upon a body of wealth in which they could hardly look to have any share, except in a general scramble. Instead of balancing the power of the active chicaners in the other assembly, these curates must necessarily become the active coadjutors, or at best the passive instruments, of those by whom they had been habitually guided in their petty village concerns. They, too, could hardly be the most conscientious of their kind, who, presuming upon their incompetent understanding, could intrigue for a trust which led them from their natural relation to their flocks, and their natural spheres of action, to undertake the regeneration of kingdoms. This preponderating weight, being added to the force of the body of chicane in the Tiers Etat, completed that momentum of ignorance, rashness, presumption, and lust of plunder, which nothing has been able to resist.
To observing men it must have appeared from the beginning, that the majority of the third estate, in conjunction with such a deputation from the clergy as I have described, whilst it pursued the destruction of the nobility, would inevitably become subservient to the worst designs of individuals in that class. In the spoil and humiliation of their own order these individuals would possess a sure fund for the pay of their new followers. To squander away the objects which made the happiness of their fellows would be to them no sacrifice at all. Turbulent, discontented men of quality, in proportion as they are puffed up with personal pride and arrogance, generally despise their own order. One of the first symptoms they discover of a selfish and mischievous ambition is a profligate disregard of a dignity which they partake with others. To be attached to the subdivision, to love the little platoon we belong to in society, is the first principle (the germ, as it were) of public affections. It is the first link in the series by which we proceed towards a love to our country and to mankind. The interest of that portion of social arrangement is a trust in the hands of all those who compose it; and as none but bad men would justify it in abuse, none but traitors would barter it away for their own personal advantage.
There were, in the time of our civil troubles in England, (I do not know whether you have any such in your Assembly in France,) several persons, like the then Earl of Holland, who by themselves or their families had brought an odium on the throne by the prodigal dispensation of its bounties towards them, who afterwards joined in the rebellions arising from the discontents of which they were themselves the cause: men who helped to subvert that throne to which they owed, some of them, their existence, others all that power which they employed to ruin their benefactor. If any bounds are set to the rapacious demands of that sort of people, or that others are permitted to partake in the objects they would engross, revenge and envy soon fill up the craving void that is left in their avarice. Confounded by the complication of distempered passions, their reason is disturbed; their views become vast and perplexed,—to others inexplicable, to themselves uncertain. They find, on all sides, bounds to their unprincipled ambition in any fixed order of things; but in the fog and haze of confusion all is enlarged, and appears without any limit.
When men of rank sacrifice all ideas of dignity to an ambition without a distinct object, and work with low instruments and for low ends, the whole composition becomes low and base. Does not something like this now appear in France? Does it not produce something ignoble and inglorious: a kind of meanness in all the prevalent policy; a tendency in all that is done to lower along with individuals all the dignity and importance of the state? Other revolutions have been conducted by persons who, whilst they attempted or affected changes in the commonwealth, sanctified their ambition by advancing the dignity of the people whose peace they troubled. They had long views. They aimed at the rule, not at the destruction of their country. They were men of great civil and great military talents, and if the terror, the ornament of their age. They were not like Jew brokers contending with each other who could best remedy with fraudulent circulation and depreciated paper the wretchedness and ruin brought on their country by their degenerate councils. The compliment made to one of the great bad men of the old stamp (Cromwell) by his kinsman, a favorite poet of that time, shows what it was he proposed, and what indeed to a great degree he accomplished in the success of his ambition:—
"Still as you rise, the state, exalted too, Finds no distemper whilst 't is changed by you; Changed like the world's great scene, when without noise The rising sun night's vulgar lights destroys."
These disturbers were not so much like men usurping power as asserting their natural place in society. Their rising was to illuminate and beautify the world. Their conquest over their competitors was by outshining them. The hand, that, like a destroying angel, smote the country, communicated to it the force and energy under which it suffered. I do not say, (God forbid!) I do not say that the virtues of such men were to be taken as a balance to their crimes; but they were some corrective to their effects. Such was, as I said, our Cromwell. Such were your whole race of Guises, Condes, and Colignys. Such the Richelieus, who in more quiet times acted in the spirit of a civil war. Such, as better men, and in a less dubious cause, were your Henry the Fourth, and your Sully, though nursed in civil confusions, and not wholly without some of their taint. It is a thing to be wondered at, to see how very soon France, when she had a moment to respire, recovered and emerged from the longest and most dreadful civil war that ever was known in any nation. Why? Because, among all their massacres, they had not slain the mind in their country. A conscious dignity, a noble pride, a generous sense of glory and emulation, was not extinguished. On the contrary, it was kindled and inflamed. The organs also of the state, however shattered, existed. All the prizes of honor and virtue, all the rewards, all the distinctions, remained. But your present confusion, like a palsy, has attacked the fountain of life itself. Every person in your country, in a situation to be actuated by a principle of honor, is disgraced and degraded, and can entertain no sensation of life, except in a mortified and humiliated indignation. But this generation will quickly pass away. The next generation of the nobility will resemble the artificers and clowns, and money-jobbers, usurers, and Jews, who will be always their fellows, sometimes their masters. Believe me, Sir, those who attempt to level never equalize. In all societies consisting of various descriptions of citizens, some description must be uppermost. The levellers, therefore, only change and pervert the natural order of things: they load the edifice of society by setting up in the air what the solidity of the structure requires to be on the ground. The associations of tailors and carpenters, of which the republic (of Paris, for instance) is composed, cannot be equal to the situation into which, by the worst of usurpations, an usurpation on the prerogatives of Nature, you attempt to force them.
The Chancellor of France, at the opening of the States, said, in a tone of oratorial flourish, that all occupations were honorable. If he meant only that no honest employment was disgraceful, he would not have gone beyond the truth. But in asserting that anything is honorable, we imply some distinction in its favor. The occupation of a hair-dresser, or of a working tallow-chandler, cannot be a matter of honor to any person,—to say nothing of a number of other more servile employments. Such descriptions of men ought not to suffer oppression from the state; but the state suffers oppression, if such as they, either individually or collectively, are permitted to rule. In this you think you are combating prejudice, but you are at war with Nature.[86]
I do not, my dear Sir, conceive you to be of that sophistical, captious spirit, or of that uncandid dullness, as to require, for every general observation or sentiment, an explicit detail of the correctives and exceptions which reason will presume to be included in all the general propositions which come from reasonable men. You do not imagine that I wish to confine power, authority, and distinction to blood and names and titles. No, Sir. There is no qualification for government but virtue and wisdom, actual or presumptive. Wherever they are actually found, they have, in whatever state, condition, profession, or trade, the passport of Heaven to human place and honor. Woe to the country which would madly and impiously reject the service of the talents and virtues, civil, military, or religious, that are given to grace and to serve it; and would condemn to obscurity everything formed to diffuse lustre and glory around a state! Woe to that country, too, that, passing into the opposite extreme, considers a low education, a mean, contracted view of things, a sordid, mercenary occupation, as a preferable title to command! Everything ought to be open,—but not indifferently to every man. No rotation, no appointment by lot, no mode of election operating in the spirit of sortition or rotation, can be generally good in a government conversant in extensive objects; because they have no tendency, direct or indirect, to select the man with a view to the duty, or to accommodate the one to the other. I do not hesitate to say that the road to eminence and power, from obscure condition, ought not to be made too easy, nor a thing too much of course. If rare merit be the rarest of all rare things, it ought to pass through some sort of probation. The temple of honor ought to be seated on an eminence. If it be opened through virtue, let it be remembered, too, that virtue is never tried but by some difficulty and some struggle.
Nothing is a due and adequate representation of a state, that does not represent its ability, as well as its property. But as ability is a vigorous and active principle, and as property is sluggish, inert, and timid, it never can be safe from the invasions of ability, unless it be, out of all proportion, predominant in the representation. It must be represented, too, in great masses of accumulation, or it is not rightly protected. The characteristic essence of property, formed out of the combined principles of its acquisition and conservation, is to be unequal. The great masses, therefore, which excite envy, and tempt rapacity, must be put out of the possibility of danger. Then they form a natural rampart about the lesser properties in all their gradations. The same quantity of property which is by the natural course of things divided among many has not the same operation. Its defensive power is weakened as it is diffused. In this diffusion each man's portion is less than what, in the eagerness of his desires, he may flatter himself to obtain by dissipating the accumulations of others. The plunder of the few would, indeed, give but a share inconceivably small in the distribution to the many. But the many are not capable of making this calculation; and those who lead them to rapine never intend this distribution.
The power of perpetuating our property in our families is one of the most valuable and interesting circumstances belonging to it, and that which tends the most to the perpetuation of society itself. It makes our weakness subservient to our virtue; it grafts benevolence even upon avarice. The possessors of family wealth, and of the distinction which attends hereditary possession, (as most concerned in it,) are the natural securities for this transmission. With us the House of Peers is formed upon this principle. It is wholly composed of hereditary property and hereditary distinction, and made, therefore, the third of the legislature, and, in the last event, the sole judge of all property in all its subdivisions. The House of Commons, too, though not necessarily, yet in fact, is always so composed, in the far greater part. Let those large proprietors be what they will, (and they have their chance of being amongst the best,) they are, at the very worst, the ballast in the vessel of the commonwealth. For though hereditary wealth, and the rank which goes with it, are too much idolized by creeping sycophants, and the blind, abject admirers of power, they are too rashly slighted in shallow speculations of the petulant, assuming, short-sighted coxcombs of philosophy. Some decent, regulated preeminence, some preference (not exclusive appropriation) given to birth, is neither unnatural, nor unjust, nor impolitic.
It is said that twenty-four millions ought to prevail over two hundred thousand. True; if the constitution of a kingdom be a problem of arithmetic. This sort of discourse does well enough with the lamp-post for its second: to men who may reason calmly it is ridiculous The will of the many, and their interest, must very often differ; and great will be the difference when they make an evil choice. A government of five hundred country attorneys and obscure curates is not good for twenty-four millions of men, though it were chosen by eight-and-forty millions; nor is it the better for being guided by a dozen of persons of quality who have betrayed their trust in order to obtain that power. At present, you seem in everything to have strayed out of the high road of Nature. The property of France does not govern it. Of course property is destroyed, and rational liberty has no existence. All you have got for the present is a paper circulation, and a stock-jobbing constitution: and as to the future, do you seriously think that the territory of France, upon the republican system of eighty-three independent municipalities, (to say nothing of the parts that compose them,) can ever be governed as one body, or can ever be set in motion by the impulse of one mind? When the National Assembly has completed its work, it will have accomplished its ruin. These commonwealths will not long bear a state of subjection to the republic of Paris. They will not bear that this one body should monopolize the captivity of the king, and the dominion over the assembly calling itself national. Each will keep its own portion of the spoil of the Church to itself; and it will not suffer either that spoil, or the more just fruits of their industry, or the natural produce of their soil, to be sent to swell the insolence or pamper the luxury of the mechanics of Paris. In this they will see none of the equality, under the pretence of which they have been tempted to throw off their allegiance to their sovereign, as well as the ancient constitution of their country. There can be no capital city in such a constitution as they have lately made. They have forgot, that, when they framed democratic governments, they had virtually dismembered their country. The person whom they persevere in calling king has not power left to him by the hundredth part sufficient to hold together this collection of republics. The republic of Paris will endeavor, indeed, to complete the debauchery of the army, and illegally to perpetuate the Assembly, without resort to its constituents, as the means of continuing its despotism. It will make efforts, by becoming the heart of a boundless paper circulation, to draw everything to itself: but in vain. All this policy in the end will appear as feeble as it is now violent.
* * * * *
If this be your actual situation, compared to the situation to which you were called, as it were by the voice of God and man, I cannot find it in my heart to congratulate you on the choice you have made, or the success which has attended your endeavors. I can as little recommend to any other nation a conduct grounded on such principles and productive of such effects. That I must leave to those who can see further into your affairs than I am able to do, and who best know how far your actions are favorable to their designs. The gentlemen of the Revolution Society, who were so early in their congratulations, appear to be strongly of opinion that there is some scheme of politics relative to this country, in which your proceedings may in some way be useful. For your Dr. Price, who seems to have speculated himself into no small degree of fervor upon this subject, addresses his auditors in the following very remarkable words:—"I cannot conclude without recalling particularly to your recollection a consideration which I have more than once alluded to, and which probably your thoughts have been all along anticipating; a consideration with which my mind is impressed more than can express: I mean the consideration of the favorableness of the present times to all exertions in the cause of liberty."
It is plain that the mind of this political preacher was at the time big with some extraordinary design; and it is very probable that the thoughts of his audience, who understood him better than I do, did all along run before him in his reflection, and in the whole train of consequences to which it led.
Before I read that sermon, I really thought I had lived in a free country; and it was an error I cherished, because it gave me a greater liking to the country I lived in. I was, indeed, aware that a jealous, ever-waking vigilance, to guard the treasure of our liberty, not only from invasion, but from decay and corruption, was our best wisdom and our first duty. However, I considered that treasure rather as a possession to be secured than as a prize to be contended for. I did not discern how the present time came to be so very favorable to all exertions in the cause of freedom. The present time differs from any other only by the circumstance of what is doing in France. If the example of that nation is to have an influence on this, I can easily conceive why some of their proceedings which have an unpleasant aspect, and are not quite reconcilable to humanity, generosity, good faith, and justice, are palliated with so much milky good-nature towards the actors, and borne with so much heroic fortitude towards the sufferers. It is certainly not prudent to discredit the authority of an example we mean to follow. But allowing this, we are led to a very natural question:—What is that cause of liberty, and what are those exertions in its favor, to which the example of France is so singularly auspicious? Is our monarchy to be annihilated, with all the laws, all the tribunals, and all the ancient corporations of the kingdom? Is every landmark of the country to be done away in favor of a geometrical and arithmetical constitution? Is the House of Lords to be voted useless? Is Episcopacy to be abolished? Are the Church lands to be sold to Jews and jobbers, or given to bribe new-invented municipal republics into a participation in sacrilege? Are all the taxes to be voted grievances, and the revenue reduced to a patriotic contribution or patriotic presents? Are silver shoe-buckles to be substituted in the place of the land-tax and the malt-tax, for the support of the naval strength of this kingdom? Are all orders, ranks, and distinctions to be confounded, that out of universal anarchy, joined to national bankruptcy, three or four thousand democracies should be formed into eighty-three, and that they may all, by some sort of unknown attractive power, be organized into one? For this great end is the army to be seduced from its discipline and its fidelity, first by every kind of debauchery, and then by the terrible precedent of a donative in the increase of pay? Are the curates to be seduced from their bishops by holding out to them the delusive hope of a dole out of the spoils of their own order? Are the citizens of London to be drawn from their allegiance by feeding them at the expense of their fellow-subjects? Is a compulsory paper currency to be substituted in the place of the legal coin of this kingdom? Is what remains of the plundered stock of public revenue to be employed in the wild project of maintaining two armies to watch over and to fight with each other? If these are the ends and means of the Revolution Society, I admit they are well assorted; and France may furnish them for both with precedents in point.
I see that your example is held out to shame us. I know that we are supposed a dull, sluggish race, rendered passive by finding our situation tolerable, and prevented by a mediocrity of freedom from ever attaining to its full perfection. Your leaders in France began by affecting to admire, almost to adore, the British Constitution; but as they advanced, they came to look upon it with a sovereign contempt. The friends of your National Assembly amongst us have full as mean an opinion of what was formerly thought the glory of their country. The Revolution Society has discovered that the English nation is not free. They are convinced that the inequality in our representation is a "defect in our Constitution so gross and palpable as to make it excellent chiefly in form and theory";[87]—that a representation in the legislature of a kingdom is not only the basis of all constitutional liberty in it, but of "all legitimate government; that without it a government is nothing but an usurpation";—that, "when the representation is partial, the kingdom possesses liberty only partially; and if extremely partial, it gives only a semblance; and if not only extremely partial, but corruptly chosen, it becomes a nuisance." Dr. Price considers this inadequacy of representation as our fundamental grievance; and though, as to the corruption of this semblance of representation, he hopes it is not yet arrived to its full perfection of depravity, he fears that "nothing will be done towards gaining for us this essential blessing, until some great abuse of power again provokes our resentment, or some great calamity again alarms our fears, or perhaps till the acquisition of a pure and equal representation by other countries, whilst we are mocked with the shadow, kindles our shame." To this he subjoins a note in these words:—"A representation chosen chiefly by the Treasury, and a few thousands of the dregs of the people, who are generally paid for their votes."
You will smile here at the consistency of those democratists who, when they are not on their guard, treat the humbler part of the community with the greatest contempt, whilst, at the same time, they pretend to make them the depositories of all power. It would require a long discourse to point out to you the many fallacies that lurk in the generality and equivocal nature of the terms "inadequate representation." I shall only say here, in justice to that old-fashioned Constitution under which we have long prospered, that our representation has been found perfectly adequate to all the purposes for which a representation of the people can be desired or devised. I defy the enemies of our Constitution to show the contrary. To detail the particulars in which it is found so well to promote its ends would demand a treatise on our practical Constitution. I state here the doctrine of the revolutionists, only that you and others may see what an opinion these gentlemen entertain of the Constitution of their country, and why they seem to think that some great abuse of power, or some great calamity, as giving a chance for the blessing of a Constitution according to their ideas, would be much palliated to their feelings; you see why they are so much enamored of your fair and equal representation, which being once obtained, the same effects might follow. You see they consider our House of Commons as only "a semblance," "a form," "a theory," "a shadow," "a mockery," perhaps "a nuisance."
These gentlemen value themselves on being systematic, and not without reason. They must therefore look on this gross and palpable defect of representation, this fundamental grievance, (so they call it,) as a thing not only vicious in itself, but as rendering our whole government absolutely illegitimate, and not at all better than a downright usurpation. Another revolution, to get rid of this illegitimate and usurped government, would of course be perfectly justifiable, if not absolutely necessary. Indeed, their principle, if you observe it with any attention, goes much further than to an alteration in the election of the House of Commons; for, if popular representation, or choice, is necessary to the legitimacy of all government, the House of Lords is, at one stroke, bastardized and corrupted in blood. That House is no representative of the people at all, even in "semblance" or "in form." The case of the crown is altogether as bad. In vain the crown may endeavor to screen itself against these gentlemen by the authority of the establishment made on the Revolution. The Revolution, which is resorted to for a title, on their system, wants a title itself. The Revolution is built, according to their theory, upon a basis not more solid than our present formalities, as it was made by a House of Lords not representing any one but themselves, and by a House of Commons exactly such as the present, that is, as they term it, by a mere "shadow and mockery" of representation.
Something they must destroy, or they seem to themselves to exist for no purpose. One set is for destroying the civil power through the ecclesiastical; another for demolishing the ecclesiastic through the civil. They are aware that the worst consequences might happen to the public in accomplishing this double ruin of Church and State; but they are so heated with their theories, that they give more than hints that this ruin, with all the mischiefs that must lead to it and attend it, and which to themselves appear quite certain, would not be unacceptable to them, or very remote from their wishes. A man amongst them of great authority, and certainly of great talents, speaking of a supposed alliance between Church and State, says, "Perhaps we must wait for the fall of the civil powers, before this most unnatural alliance be broken. Calamitous, no doubt, will that time be. But what convulsion in the political world ought to be a subject of lamentation, if it be attended with so desirable an effect?" You see with what a steady eye these gentlemen are prepared to view the greatest calamities which can befall their country!
It is no wonder, therefore, that, with these ideas of everything in their Constitution and government at home, either in Church or State, as illegitimate and usurped, or at best as a vain mockery, they look abroad with an eager and passionate enthusiasm. Whilst they are possessed by these notions, it is vain to talk to them of the practice of their ancestors, the fundamental laws of their country, the fixed form of a Constitution whose merits are confirmed by the solid test of long experience and an increasing public strength and national prosperity. They despise experience as the wisdom of unlettered men; and as for the rest, they have wrought under ground a mine that will blow up, at one grand explosion, all examples of antiquity, all precedents, charters, and acts of Parliament. They have "the rights of men." Against these there can be no prescription; against these no argument is binding: these admit no temperament and no compromise: anything withheld from their full demand is so much of fraud and injustice. Against these their rights of men let no government look for security in the length of its continuance, or in the justice and lenity of its administration. The objections of these speculatists, if its forms do not quadrate with their theories, are as valid against such an old and beneficent government as against the most violent tyranny or the greenest usurpation. They are always at issue with governments, not on a question of abuse, but a question of competency and a question of title. I have nothing to say to the clumsy subtilty of their political metaphysics. Let them be their amusement in the schools.
Illa se jactet in aula AEolus, et clauso ventorum carcere regnet.
But let them not break prison to burst like a Levanter, to sweep the earth with their hurricane, and to break up the fountains of the great deep to overwhelm us!
Far am I from denying in theory, full as far is my heart from withholding in practice, (if I were of power to give or to withhold,) the real rights of men. In denying their false claims of right, I do not mean to injure those which are real, and are such as their pretended rights would totally destroy. If civil society be made for the advantage of man, all the advantages for which it is made become his right. It is an institution of beneficence; and law itself is only beneficence acting by a rule. Men have a right to live by that rule; they have a right to justice, as between their fellows, whether their fellows are in politic function or in ordinary occupation. They have a right to the fruits of their industry, and to the means of making their industry fruitful. They have a right to the acquisitions of their parents, to the nourishment and improvement of their offspring, to instruction in life and to consolation in death. Whatever each man can separately do, without trespassing upon others, he has a right to do for himself; and he has a right to a fair portion of all which society, with all its combinations of skill and force, can do in his favor. In this partnership all men have equal rights; but not to equal things. He that has but five shillings in the partnership has as good a right to it as he that has five hundred pounds has to his larger proportion; but he has not a right to an equal dividend in the product of the joint stock. And as to the share of power, authority, and direction which each individual ought to have in the management of the state, that I must deny to be amongst the direct original rights of man in civil society; for I have in my contemplation the civil social man, and no other. It is a thing to be settled by convention.
If civil society be the offspring of convention, that convention must be its law. That convention must limit and modify all the descriptions of constitution which are formed under it. Every sort of legislative, judicial, or executory power are its creatures. They can have no being in any other state of things; and how can any man claim, under the conventions of civil society, rights which do not so much as suppose its existence,—rights which are absolutely repugnant to it? One of the first motives to civil society, and which becomes one of its fundamental rules, is, that no man should be judge in his own cause. By this each person has at once divested himself of the first fundamental right of uncovenanted man, that is, to judge for himself, and to assert his own cause. He abdicates all right to be his own governor. He inclusively, in a great measure, abandons the right of self-defence, the first law of Nature. Men cannot enjoy the rights of an uncivil and of a civil state together. That he may obtain justice, he gives up his right of determining what it is in points the most essential to him. That he may secure some liberty, he makes a surrender in trust of the whole of it.
Government is not made in virtue of natural rights, which may and do exist in total independence of it,—and exist in much greater clearness, and in a much greater degree of abstract perfection: but their abstract perfection is their practical defect. By having a right to everything they want everything. Government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. Among these wants is to be reckoned the want, out of civil society, of a sufficient restraint upon their passions. Society requires not only that the passions of individuals should be subjected, but that even in the mass and body, as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection. This can only be done by a power out of themselves, and not, in the exercise of its function, subject to that will and to those passions which it is its office to bridle and subdue. In this sense the restraints on men, as well as their liberties, are to be reckoned among their rights. But as the liberties and the restrictions vary with times and circumstances, and admit of infinite modifications, they cannot be settled upon any abstract rule; and nothing is so foolish as to discuss them upon that principle.
The moment you abate anything from the full rights of men each to govern himself, and suffer any artificial, positive limitation upon those rights, from that moment the whole organization of government becomes a consideration of convenience. This it is which makes the constitution of a state, and the due distribution of its powers, a matter of the most delicate and complicated skill. It requires a deep knowledge of human nature and human necessities, and of the things which facilitate or obstruct the various ends which are to be pursued by the mechanism of civil institutions. The state is to have recruits to its strength and remedies to its distempers. What is the use of discussing a man's abstract right to food or medicine? The question is upon the method of procuring and administering them. In that deliberation I shall always advise to call in the aid of the farmer and the physician, rather than the professor of metaphysics.
The science of constructing a commonwealth, or renovating it, or reforming it, is, like every other experimental science, not to be taught a priori. Nor is it a short experience that can instruct us in that practical science; because the real effects of moral causes are not always immediate, but that which in the first instance is prejudicial may be excellent in its remoter operation, and its excellence may arise even from the ill effects it produces in the beginning. The reverse also happens; and very plausible schemes, with very pleasing commencements, have often shameful and lamentable conclusions. In states there are often some obscure and almost latent causes, things which appear at first view of little moment, on which a very great part of its prosperity or adversity may most essentially depend. The science of government being, therefore, so practical in itself, and intended for such practical purposes, a matter which requires experience, and even more experience than any person can gain in his whole life, however sagacious and observing he may be, it is with infinite caution that any man ought to venture upon pulling down an edifice which has answered in any tolerable degree for ages the common purposes of society, or on building it up again without having models and patterns of approved utility before his eyes.
These metaphysic rights entering into common life, like rays of light which pierce into a dense medium, are, by the laws of Nature, refracted from their straight line. Indeed, in the gross and complicated mass of human passions and concerns, the primitive rights of men undergo such a variety of refractions and reflections that it becomes absurd to talk of them as if they continued in the simplicity of their original direction. The nature of man is intricate; the objects of society are of the greatest possible complexity: and therefore no simple disposition or direction of power can be suitable either to man's nature or to the quality of his affairs. When I hear the simplicity of contrivance aimed at and boasted of in any new political constitutions, I am at no loss to decide that the artificers are grossly ignorant of their trade or totally negligent of their duty. The simple governments are fundamentally defective, to say no worse of them. If you were to contemplate society in but one point of view, all these simple modes of polity are infinitely captivating. In effect each would answer its single end much more perfectly than the more complex is able to attain all its complex purposes. But it is better that the whole, should be imperfectly and anomalously answered than that while some parts are provided for with great exactness, others might be totally neglected, or perhaps materially injured, by the over-care of a favorite member.
The pretended rights of these theorists are all extremes; and in proportion as they are metaphysically true, they are morally and politically false. The rights of men are in a sort of middle, incapable of definition, but not impossible to be discerned. The rights of men in governments are their advantages; and these are often in balances between differences of good,—in compromises sometimes between good and evil, and sometimes between evil and evil. Political reason is a computing principle: adding, subtracting, multiplying, and dividing, morally, and not metaphysically or mathematically, true moral denominations.
By these theorists the right of the people is almost always sophistically confounded with their power. The body of the community, whenever it can come to act, can meet with no effectual resistance; but till power and right are the same, the whole body of them has no right inconsistent with virtue, and the first of all virtues, prudence. Men have no right to what is not reasonable, and to what is not for their benefit; for though a pleasant writer said, "Liceat perire poetis," when one of them, in cold blood, is said to have leaped into the flames of a volcanic revolution, "ardentem frigidus AEtnam insiluit," I consider such a frolic rather as an unjustifiable poetic license than as one of the franchises of Parnassus; and whether he were poet, or divine, or politician, that chose to exercise this kind of right, I think that more wise, because more charitable, thoughts would urge me rather to save the man than to preserve his brazen slippers as the monuments of his folly.
* * * * *
The kind of anniversary sermons to which a great part of what I write refers, if men are not shamed out of their present course, in commemorating the fact, will cheat many out of the principles and deprive them of the benefits of the Revolution they commemorate. I confess to you, Sir, I never liked this continual talk of resistance and revolution, or the practice of making the extreme medicine of the Constitution its daily bread. It renders the habit of society dangerously valetudinary; it is taking periodical doses of mercury sublimate, and swallowing down repeated provocatives of cantharides to our love of liberty.
This distemper of remedy, grown habitual, relaxes and wears out, by a vulgar and prostituted use, the spring of that spirit which is to be exerted on great occasions. It was in the most patient period of Roman servitude that themes of tyrannicide made the ordinary exercise of boys at school,—cum perimit saevos classis numerosa tyrannos. In the ordinary state of things, it produces in a country like ours the worst effects, even on the cause of that liberty which it abuses with the dissoluteness of an extravagant speculation. Almost all the high-bred republicans of my time have, after a short space, become the most decided, thorough-paced courtiers; they soon left the business of a tedious, moderate, but practical resistance, to those of us whom, in the pride and intoxication of their theories, they have slighted as not much better than Tories. Hypocrisy, of course, delights in the most sublime speculations; for, never intending to go beyond speculation, it costs nothing to have it magnificent. But even in cases where rather levity than fraud was to be suspected in these ranting speculations, the issue has been much the same. These professors, finding their extreme principles not applicable to cases which call only for a qualified, or, as I may say, civil and legal resistance, in such cases employ no resistance at all. It is with them a war or a revolution, or it is nothing. Finding their schemes of politics not adapted to the state of the world in which they live, they often come to think lightly of all public principle, and are ready, on their part, to abandon for a very trivial interest what they find of very trivial value. Some, indeed, are of more steady and persevering natures; but these are eager politicians out of Parliament, who have little to tempt them to abandon their favorite projects. They have some change in the Church or State, or both, constantly in their view. When that is the case, they are always bad citizens, and perfectly unsure connections. For, considering their speculative designs as of infinite value, and the actual arrangement of the state as of no estimation, they are, at best, indifferent about it. They see no merit in the good, and no fault in the vicious management of public affairs; they rather rejoice in the latter, as more propitious to revolution. They see no merit or demerit in any man, or any action, or any political principle, any further than as they may forward or retard their design of change; they therefore take up, one day, the most violent and stretched prerogative, and another time the wildest democratic ideas of freedom, and pass from the one to the other without any sort of regard to cause, to person, or to party.
In France you are now in the crisis of a revolution, and in the transit from one form of government to another: you cannot see that character of men exactly in the same situation in which we see it in this country. With us it is militant, with you it is triumphant; and you know how it can act, when its power is commensurate to its will. I would not be supposed to confine those observations to any description of men, or to comprehend all men of any description within them,—no, far from it! I am as incapable of that injustice as I am of keeping terms with those who profess principles of extremes, and who, under the name of religion, teach little else than wild and dangerous politics. The worst of these politics of revolution is this: they temper and harden the breast, in order to prepare it for the desperate strokes which are sometimes used in extreme occasions. But as these occasions may never arrive, the mind receives a gratuitous taint; and the moral sentiments suffer not a little, when no political purpose is served by the depravation. This sort of people are so taken up with their theories about the rights of man, that they have totally forgot his nature. Without opening one new avenue to the understanding, they have succeeded in stopping up those that lead to the heart. They have perverted in themselves, and in those that attend to them, all the well-placed sympathies of the human breast.
This famous sermon of the Old Jewry breathes nothing but this spirit through all the political part. Plots, massacres, assassinations, seem to some people a trivial price for obtaining a revolution. A cheap, bloodless reformation, a guiltless liberty, appear flat and vapid to their taste. There must be a great change of scene; there must be a magnificent stage effect; there must be a grand spectacle to rouse the imagination, grown torpid with the lazy enjoyment of sixty years' security, and the still unanimating repose of public prosperity. The preacher found them all in the French Revolution. This inspires a juvenile warmth through his whole frame. His enthusiasm kindles as he advances; and when he arrives at his peroration, it is in a full blaze. Then viewing, from the Pisgah of his pulpit, the free, moral, happy, flourishing, and glorious state of France, as in a bird-eye landscape of a promised land, he breaks out into the following rapture:—
"What an eventful period is this! I am thankful that I have lived to it; I could almost say, Lord, now lettest thou thy servant depart in peace, for mine eyes have seen thy salvation.—I have lived to see a diffusion of knowledge which has undermined superstition and error.—I have lived to see the rights of men better understood than ever, and nations panting for liberty which seemed to have lost the idea of it.—I have lived to see thirty millions of people, indignant and resolute, spurning at slavery, and demanding liberty with an irresistible voice; their king led in triumph, and an arbitrary monarch surrendering himself to his subjects."[88]
Before I proceed further, I have to remark that Dr. Price seems rather to overvalue the great acquisitions of light which he has obtained and diffused in this age. The last century appears to me to have been quite as much enlightened. It had, though in a different place, a triumph as memorable as that of Dr. Price; and some of the great preachers of that period partook of it as eagerly as he has done in the triumph of France. On the trial of the Reverend Hugh Peters for high treason, it was deposed, that, when King Charles was brought to London for his trial, the Apostle of Liberty in that day conducted the triumph. "I saw," says the witness, "his Majesty in the coach with six horses, and Peters riding before the king triumphing." Dr. Price, when he talks as if he had made a discovery, only follows a precedent; for, after the commencement of the king's trial, this precursor, the same Dr. Peters, concluding a long prayer at the royal chapel at Whitehall, (he had very triumphantly chosen his place,) said, "I have prayed and preached these twenty years; and now I may say with old Simeon, Lord, now lettest thou thy servant depart in peace, for mine eyes have seen thy salvation."[89] Peters had not the fruits of his prayer; for he neither departed so soon as he wished, nor in peace. He became (what I heartily hope none of his followers may be in this country) himself a sacrifice to the triumph which he led as pontiff. They dealt at the Restoration, perhaps, too hardly with this poor good man. But we owe it to his memory and his sufferings, that he had as much illumination and as much zeal, and had as effectually undermined all the superstition and error which might impede the great business he was engaged in, as any who follow and repeat after him in this age, which would assume to itself an exclusive title to the knowledge of the rights of men, and all the glorious consequences of that knowledge.
After this sally of the preacher of the Old Jewry, which differs only in place and time, but agrees perfectly with the spirit and letter of the rapture of 1648, the Revolution Society, the fabricators of governments, the heroic band of cashierers of monarchs, electors of sovereigns, and leaders of kings in triumph, strutting with a proud consciousness of the diffusion of knowledge, of which every member had obtained so large a share in the donative, were in haste to make a generous diffusion of the knowledge they had thus gratuitously received. To make this bountiful communication, they adjourned from the church in the Old Jewry to the London Tavern, where the same Dr. Price, in whom the fumes of his oracular tripod were not entirely evaporated, moved and carried the resolution, or address of congratulation, transmitted by Lord Stanhope to the National Assembly of France.
I find a preacher of the Gospel profaning the beautiful and prophetic ejaculation, commonly called "Nunc dimittis," made on the first presentation of our Saviour in the temple, and applying it, with an inhuman and unnatural rapture, to the most horrid, atrocious, and afflicting spectacle that perhaps ever was exhibited to the pity and indignation of mankind. This "leading in triumph," a thing in its best form unmanly and irreligious, which fills our preacher with such unhallowed transports, must shock, I believe, the moral taste of every well-born mind. Several English were the stupefied and indignant spectators of that triumph. It was (unless we have been strangely deceived) a spectacle more resembling a procession of American savages entering into Onondaga after some of their murders called victories, and leading into hovels hung round with scalps their captives overpowered with the scoffs and buffets of women as ferocious as themselves, much more than it resembled the triumphal pomp of a civilized martial nation;—if a civilized nation, or any men who had a sense of generosity, were capable of a personal triumph over the fallen and afflicted.
This, my dear Sir, was not the triumph of France. I must believe, that, as a nation, it overwhelmed you with shame and horror. I must believe that the National Assembly find themselves in a state of the greatest humiliation in not being able to punish the authors of this triumph or the actors in it, and that they are in a situation in which any inquiry they may make upon the subject must be destitute even of the appearance of liberty or impartiality. The apology of that assembly is found in their situation; but when we approve what they must bear, it is in us the degenerate choice of a vitiated mind.
With a compelled appearance of deliberation, they vote under the dominion of a stern necessity. They sit in the heart, as it were, of a foreign republic: they have their residence in a city whose constitution has emanated neither from the charter of their king nor from their legislative power. There they are surrounded by an army not raised either by the authority of their crown or by their command, and which, if they should order to dissolve itself, would instantly dissolve them. There they sit, after a gang of assassins had driven away some hundreds of the members; whilst those who held the same moderate principles, with more patience or better hope, continued every day exposed to outrageous insults and murderous threats. There a majority, sometimes real, sometimes pretended, captive itself, compels a captive king to issue as royal edicts, at third hand, the polluted nonsense of their most licentious and giddy coffee-houses. It is notorious that all their measures are decided before they are debated. It is beyond doubt, that, under the terror of the bayonet, and the lamp-post, and the torch to their houses, they are obliged to adopt all the crude and desperate measures suggested by clubs composed of a monstrous medley of all conditions, tongues, and nations. Among these are found persons in comparison of whom Catiline would be thought scrupulous, and Cethegus a man of sobriety and moderation. Nor is it in these clubs alone that the public measures are deformed into monsters. They undergo a previous distortion in academies, intended as so many seminaries for these clubs, which are set up in all the places of public resort. In these meetings of all sorts, every counsel, in proportion as it is daring and violent and perfidious, is taken for the mark of superior genius. Humanity and compassion are ridiculed as the fruits of superstition and ignorance. Tenderness to individuals is considered as treason to the public. Liberty is always to be estimated perfect as property is rendered insecure. Amidst assassination, massacre, and confiscation, perpetrated or meditated, they are forming plans for the good order of future society. Embracing in their arms the carcasses of base criminals, and promoting their relations on the title of their offences, they drive hundreds of virtuous persons to the same end, by forcing them to subsist by beggary or by crime. |
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