They knew that a doubtful title of succession would but too much resemble an election, and that an election would be utterly destructive of the "unity, peace, and tranquillity of this nation", which they thought to be considerations of some moment. To provide for these objects and, therefore, to exclude for ever the Old Jewry doctrine of "a right to choose our own governors", they follow with a clause containing a most solemn pledge, taken from the preceding act of Queen Elizabeth, as solemn a pledge as ever was or can be given in favor of an hereditary succession, and as solemn a renunciation as could be made of the principles by this Society imputed to them: The Lords spiritual and temporal, and Commons, do, in the name of all the people aforesaid, most humbly and faithfully submit themselves, their heirs and posterities for ever; and do faithfully promise that they will stand to maintain, and defend their said Majesties, and also the limitation of the crown, herein specified and contained, to the utmost of their powers, etc. etc.
So far is it from being true that we acquired a right by the Revolution to elect our kings that, if we had possessed it before, the English nation did at that time most solemnly renounce and abdicate it, for themselves and for all their posterity forever. These gentlemen may value themselves as much as they please on their whig principles, but I never desire to be thought a better whig than Lord Somers, or to understand the principles of the Revolution better than those, by whom it was brought about, or to read in the Declaration of Right any mysteries unknown to those whose penetrating style has engraved in our ordinances, and in our hearts, the words and spirit of that immortal law.
It is true that, aided with the powers derived from force and opportunity, the nation was at that time, in some sense, free to take what course it pleased for filling the throne, but only free to do so upon the same grounds on which they might have wholly abolished their monarchy and every other part of their constitution. However, they did not think such bold changes within their commission. It is indeed difficult, perhaps impossible, to give limits to the mere abstract competence of the supreme power, such as was exercised by parliament at that time, but the limits of a moral competence subjecting, even in powers more indisputably sovereign, occasional will to permanent reason and to the steady maxims of faith, justice, and fixed fundamental policy, are perfectly intelligible and perfectly binding upon those who exercise any authority, under any name or under any title, in the state. The House of Lords, for instance, is not morally competent to dissolve the House of Commons, no, nor even to dissolve itself, nor to abdicate, if it would, its portion in the legislature of the kingdom. Though a king may abdicate for his own person, he cannot abdicate for the monarchy. By as strong, or by a stronger reason, the House of Commons cannot renounce its share of authority. The engagement and pact of society, which generally goes by the name of the constitution, forbids such invasion and such surrender. The constituent parts of a state are obliged to hold their public faith with each other and with all those who derive any serious interest under their engagements, as much as the whole state is bound to keep its faith with separate communities. Otherwise competence and power would soon be confounded and no law be left but the will of a prevailing force. On this principle the succession of the crown has always been what it now is, an hereditary succession by law; in the old line it was a succession by the common law; in the new, by the statute law operating on the principles of the common law, not changing the substance, but regulating the mode and describing the persons. Both these descriptions of law are of the same force and are derived from an equal authority emanating from the common agreement and original compact of the state, communi sponsione reipublicae, and as such are equally binding on king and people, too, as long as the terms are observed and they continue the same body politic.
It is far from impossible to reconcile, if we do not suffer ourselves to be entangled in the mazes of metaphysic sophistry, the use both of a fixed rule and an occasional deviation: the sacredness of an hereditary principle of succession in our government with a power of change in its application in cases of extreme emergency. Even in that extremity (if we take the measure of our rights by our exercise of them at the Revolution), the change is to be confined to the peccant part only, to the part which produced the necessary deviation; and even then it is to be effected without a decomposition of the whole civil and political mass for the purpose of originating a new civil order out of the first elements of society.
A state without the means of some change is without the means of its conservation. Without such means it might even risk the loss of that part of the constitution which it wished the most religiously to preserve. The two principles of conservation and correction operated strongly at the two critical periods of the Restoration and Revolution, when England found itself without a king. At both those periods the nation had lost the bond of union in their ancient edifice; they did not, however, dissolve the whole fabric. On the contrary, in both cases they regenerated the deficient part of the old constitution through the parts which were not impaired. They kept these old parts exactly as they were, that the part recovered might be suited to them. They acted by the ancient organized states in the shape of their old organization, and not by the organic moleculae of a disbanded people. At no time, perhaps, did the sovereign legislature manifest a more tender regard to that fundamental principle of British constitutional policy than at the time of the Revolution, when it deviated from the direct line of hereditary succession. The crown was carried somewhat out of the line in which it had before moved, but the new line was derived from the same stock. It was still a line of hereditary descent, still an hereditary descent in the same blood, though an hereditary descent qualified with Protestantism. When the legislature altered the direction, but kept the principle, they showed that they held it inviolable.
On this principle, the law of inheritance had admitted some amendment in the old time, and long before the era of the Revolution. Some time after the Conquest, great questions arose upon the legal principles of hereditary descent. It became a matter of doubt whether the heir per capita or the heir per stirpes was to succeed; but whether the heir per capita gave way when the heirdom per stirpes took place, or the Catholic heir when the Protestant was preferred, the inheritable principle survived with a sort of immortality through all transmigrations- multosque per annos stat fortuna domus, et avi numerantur avorum. This is the spirit of our constitution, not only in its settled course, but in all its revolutions. Whoever came in, or however he came in, whether he obtained the crown by law or by force, the hereditary succession was either continued or adopted.
The gentlemen of the Society for Revolution see nothing in that of 1688 but the deviation from the constitution; and they take the deviation from the principle for the principle. They have little regard to the obvious consequences of their doctrine, though they must see that it leaves positive authority in very few of the positive institutions of this country. When such an unwarrantable maxim is once established, that no throne is lawful but the elective, no one act of the princes who preceded this era of fictitious election can be valid. Do these theorists mean to imitate some of their predecessors who dragged the bodies of our ancient sovereigns out of the quiet of their tombs? Do they mean to attaint and disable backward all the kings that have reigned before the Revolution, and consequently to stain the throne of England with the blot of a continual usurpation? Do they mean to invalidate, annul, or to call into question, together with the titles of the whole line of our kings, that great body of our statute law which passed under those whom they treat as usurpers, to annul laws of inestimable value to our liberties- of as great value at least as any which have passed at or since the period of the Revolution? If kings who did not owe their crown to the choice of their people had no title to make laws, what will become of the statute de tallagio non concedendo?- of the petition of right?- of the act of habeas corpus? Do these new doctors of the rights of men presume to assert that King James the Second, who came to the crown as next of blood, according to the rules of a then unqualified succession, was not to all intents and purposes a lawful king of England before he had done any of those acts which were justly construed into an abdication of his crown? If he was not, much trouble in parliament might have been saved at the period these gentlemen commemorate. But King James was a bad king with a good title, and not an usurper. The princes who succeeded, according to the act of parliament which settled the crown on the Electress Sophia and on her descendants, being Protestants, came in as much by a title of inheritance as King James did. He came in according to the law as it stood at his accession to the crown; and the princes of the House of Brunswick came to the inheritance of the crown, not by election, but by the law as it stood at their several accessions of Protestant descent and inheritance, as I hope I have shown sufficiently.
The law by which this royal family is specifically destined to the succession is the act of the 12th and 13th of King William. The terms of this act bind "us and our heirs, and our posterity, to them, their heirs, and their posterity", being Protestants, to the end of time, in the same words as the Declaration of Right had bound us to the heirs of King William and Queen Mary. It therefore secures both an hereditary crown and an hereditary allegiance. On what ground, except the constitutional policy of forming an establishment to secure that kind of succession which is to preclude a choice of the people forever, could the legislature have fastidiously rejected the fair and abundant choice which our country presented to them and searched in strange lands for a foreign princess from whose womb the line of our future rulers were to derive their title to govern millions of men through a series of ages?
The Princess Sophia was named in the act of settlement of the 12th and 13th of King William for a stock and root of inheritance to our kings, and not for her merits as a temporary administratrix of a power which she might not, and in fact did not, herself ever exercise. She was adopted for one reason, and for one only, because, says the act, "the most excellent Princess Sophia, Electress and Duchess Dowager of Hanover, is daughter of the most excellent Princess Elizabeth, late Queen of Bohemia, daughter of our late sovereign lord King James the First, of happy memory, and is hereby declared to be the next in succession in the Protestant line etc., etc., and the crown shall continue to the heirs of her body, being Protestants." This limitation was made by parliament, that through the Princess Sophia an inheritable line not only was to be continued in future, but (what they thought very material) that through her it was to be connected with the old stock of inheritance in King James the First, in order that the monarchy might preserve an unbroken unity through all ages and might be preserved (with safety to our religion) in the old approved mode by descent, in which, if our liberties had been once endangered, they had often, through all storms and struggles of prerogative and privilege, been preserved. They did well. No experience has taught us that in any other course or method than that of an hereditary crown our liberties can be regularly perpetuated and preserved sacred as our hereditary right. An irregular, convulsive movement may be necessary to throw off an irregular, convulsive disease. But the course of succession is the healthy habit of the British constitution. Was it that the legislature wanted, at the act for the limitation of the crown in the Hanoverian line, drawn through the female descendants of James the First, a due sense of the inconveniences of having two or three, or possibly more, foreigners in succession to the British throne? No!- they had a due sense of the evils which might happen from such foreign rule, and more than a due sense of them. But a more decisive proof cannot be given of the full conviction of the British nation that the principles of the Revolution did not authorize them to elect kings at their pleasure, and without any attention to the ancient fundamental principles of our government, than their continuing to adopt a plan of hereditary Protestant succession in the old line, with all the dangers and all the inconveniences of its being a foreign line full before their eyes and operating with the utmost force upon their minds.
A few years ago I should be ashamed to overload a matter so capable of supporting itself by the then unnecessary support of any argument; but this seditious, unconstitutional doctrine is now publicly taught, avowed, and printed. The dislike I feel to revolutions, the signals for which have so often been given from pulpits; the spirit of change that is gone abroad; the total contempt which prevails with you, and may come to prevail with us, of all ancient institutions when set in opposition to a present sense of convenience or to the bent of a present inclination: all these considerations make it not unadvisable, in my opinion, to call back our attention to the true principles of our own domestic laws; that you, my French friend, should begin to know, and that we should continue to cherish them. We ought not, on either side of the water, to suffer ourselves to be imposed upon by the counterfeit wares which some persons, by a double fraud, export to you in illicit bottoms as raw commodities of British growth, though wholly alien to our soil, in order afterwards to smuggle them back again into this country, manufactured after the newest Paris fashion of an improved liberty.
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.
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.* 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.
* "That King James the Second, having endeavored to subvert the constitution of the kingdom by breaking the original contract between king and people, and, by the advice of Jesuits and other wicked persons, having violated the fundamental laws, and having withdrawn himself out of the kingdom, hath abdicated the Government, and the throne is thereby vacant".
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 the 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 contract 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 1st of King William, sess. 2nd, 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 of "cashiering their governors".
Dr. Price, in this sermon,* 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 commemoratio est quasi exprobatio". 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 denomination 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".
* Pp. 22-24.
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 as we are to obey the law in him, our constitution has made no sort of provision toward 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 then be 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.
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 cyon alien to the nature of the original plant. All the reformations we have hitherto made have proceeded upon the principle of reverence 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,* 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 I, 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 toward 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.
* See Blackstone's Magna Charta, printed at Oxford, 1759.
In the famous law of the 3rd of Charles I, 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* 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".
* W. and M.
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 a 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, molding 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.
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, for ever 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 molded 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 luster 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 lowborn 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 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 worshiped 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 a 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 become 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 practice, 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 pretenses, 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 shoebuckles, 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.
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 a 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 talent 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 or 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 attornies, 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, 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 understand 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 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 sickbeds 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.
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