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 a 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 the 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-modeling 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 toward 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 toward 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. Both 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 'tis 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 Colignis. 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 levelers, 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 association 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 oratorical 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 hairdresser 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.*
* Ecclesiasticus, chap. xxxviii. verses 24, 25. "The wisdom of a learned man cometh by opportunity of leisure; and he that hath little business shall become wise".- "How can he get wisdom that holdeth the plough, and that glorieth in the goad; that driveth oxen; and is occupied in their labours; and whose talk is of bullocks"?
Ver. 27. "So every carpenter and work-master that laboureth night and day", etc.
Ver. 33. "They shall not be sought for in public counsel, nor sit high in the congregation: they shall not sit on the judge's seat, nor understand the sentence of judgment; they cannot declare justice and judgment, and they shall not be found where parables are spoken".
Ver. 34. "But they will maintain the state of the world".
I do not determine whether this book be canonical, as the Gallican church (till lately) has considered it, or apocryphal, as here it is taken. I am sure it contains a great deal of sense and truth.
I do not, my dear Sir, conceive you to be of that sophistical, captious spirit, or of that uncandid dulness, 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 luster 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 invasion 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 attornies 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 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 pretense 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 farther 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 auditory 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 I can express. I mean the consideration of the favourableness 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 toward the actors, and borne with so much heroic fortitude toward 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 shoebuckles 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 that 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".* 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".
* Discourse on the Love of our Country, 3d ed., p. 39.
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 underground 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 agreement 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 do justice, as between their fellows, whether their fellows are in public 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-defense, 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 to 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 was a 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 one to the other without any sort of regard to cause, to person, or to party.
[Continue reading in Part 4 on conservativeforum.org]