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',,;%-.■ V '.,%: W v WW' w/ v vvyyy . .*-■:■-«-.- yzz^<*Z'"*"'^ r 4 'WW" w W w Vv, ' v ¥ w"" „^~-v", " "" V * v * - ~'V V v vv *>/ ,^v*W » i>7 * £&#&*** vwwwyw- *«> w »"- : y-' . . >V\/ «S«te DUKE UNIVERSITY LIBRARY Treasure 'Room L*v* W W V *»•"'.*«'*«■' £*S^ **v**vv ¥W * v ^ - ^v> JW^W'^^' v-^or: ,^*WW*vWty '^*^wwV^l - . _ \V *** ^y^V*' i^V* •* * ^/ ' ,w«/ , ,*J\J*J ,vv v WW' 'Uw-V W^W^vw""' wv ^ ^$$$m ' ^ . /^/ V ^VaaJJW ^^ 0.-"V^' ^ ,"V .„ ;^w^w W ^^> v wC^^^ .. J* .v. ;V.: ■ U w ■' . . "Rttfaft* ,-.*^ ■: AN ENQUIRY CONCERNING POLITICAL JUSTICE, 4 V D ITS INFLUENCE o m GENERAL VIRTUE AND HAPPINESS. B T WILLIAM GODWIN. IN TWO VOLUMES. VOL. I. LONDON: PRINTED FOR G. C. J. AND J. ROBINSON, PATERNOSTER.ROW. M.DCC.XCIII. Digitized by the Internet Archive in 2012 with funding from Duke University Libraries http://archive.org/details/enquiryconcernin121godw P R E F A C E. 3-Zo, I } TT* E W works of literature are held in greater ■*■ eftimation, than thofe which treat in a me- thodical and elementary way of the principles of fcience. But the human mind in every enlight- ened age is progreffive ; and the beft elementary treatifes after a certain time are reduced in their value by the operation of fubfequent difcoveries. Hence it has always been defired by candid en- quirers, that preceding works of this kind fhould from time to time be fuperfeded, and that other productions including the larger views that have fince offered themfelves, fhould be fubftituted in their place. It would be ftrange if fomething of this kind were not defirable in politics, after the great change that has been produced in men's minds upon this fubjeft, and the light that has been i thrown 336493 vi PREFACE. thrown upon it by the recent difcuffions of Ame- rica and France. A fenfe of the value of fuch a work, if properly executed, was the motive which save birth to thefe volumes. Of their execution the reader muft judge. Authors who have formed the defign of fuper- feding the works of their predeceffors, will be found, if they were in any degree equal to the de- fign, not merely to have collected the fcattered information that had been produced upon the fubjecl;, but to have increafed the fcience with the fruit of their own meditations. In the following work principles will occafionally be found, which it will not be juft to rejecl; without examination, merely becaufe they are new. It was impoflible perfeveringly to reflect upon fo prolific a fcience, and a fcience which may be faid to be yet in its infancy, without being led into ways of thinking that were in fome degree uncommon. Another PREFACE. vff r Another argument in favour of the utility of fuch a work was frequently in the author's mind, and therefore ought to be mentioned. He con- ceived politics to be the proper vehicle of a libe- ral-morality. That defcription of ethics delerves to be held in flight efhmation, which feeks only to regulate our conducl in articles of particular and perfonal concern, inftead of exciting our atten- tion to the general good of the fpecies. It ap- peared fufficiently practicable to make of fuch a treatife, exclusively of its direcl; political ufe, an advantageous vehicle of moral improvement. He was accordingly defirous of producing a work, from the perufal of which no man fhould rife without being ftrengthened in habits of fincerity, fortitude and juftice. t Having {rated the confiderations in which the work originated, it is proper to mention a few cir* cumftances of the outline of its hiftory. The fen- timents it contains are by no means the fuggeflions »f ji fudden effervefcence of fancy. Political en- lr* ■ * c l u ^ r y : 336433 Vlll P R E F A C E.. quiiy had long held a foremoft place in the writer's attention. It is now twelve years fmce he be- came fatisfied, that monarchy was a fpecies of go- vernment unavoidably corrupt. He owed this con- viction to the political writings of Swift and to a perufal of the Latin hiftorians.. Nearly at the fame time he derived great additional inftruclion- from reading the moft confiderable French writers upon the nature of man in the following order,. Syjltme de la Nature, RoufTeau and Helvetius. Long before he thought of the prefent work, he had fa- miliarifed to his mind the arguments it contains on juftice, gratitude, rights of man, promifes, oaths and the omnipotence of truth. Political com- plexity is one of the errors that take ftrongeft hold on the underftanding ; and it was only by ideas fuggefted by the French revolution, that he was reconciled to the defirablenefs of a government of the fimpleft conftruclion. To the fame event he owes the determination of mind which gave exift- ence to this work. t-U^ PREFACE. IX Such was the preparation which encouraged him to undertake the prefent treatife. The direct, ex- ecution may be difmiffed in a few words. It was projected in the month of May 1791 : the com- pofition was begun in the following September, and has therefore occupied a fpace of fixteen months. This period was devoted to the purpofe with unremitted ardour. It were to be wifhed it had been longer ; but it feemed as if no con- temptible part of the utility of the work depended upon its early appearance. The printing of the following treatife, as well as the compofition, was influenced by the fame principle, a defire to reconcile a certain de- gree of difpatch with the necefiary deliberation. The printing was for that reafon commenced, long before the compofition was fmifhed. Some dif- advantages have arifen from this circumftance. The ideas of the author became more perfpicuous and digefted, as his enquiries advanced. The longer he confidered the fubject., the more accu- b rately x PREFACE. rately he feemed to underffand it. This circum- ftance has led him into a few contradictions. The principal of thefe confifts in an occafional inaccu- racy of language, particularly in the firft book, re- fpe cling the v/ord government. He did not enter upon the work, without being aware that govern- ment by its very nature counteracts the improve- ment of individual mind ; but he underftood the full meaning of this propofition more completely as he proceeded, and faw more diftinctly into the nature of the remedy. This, and a few other de- feats, under a different mode of preparation would have been avoided. The candid reader will make a fuitable allowance. The author judges upon a review, that thefe defeats are fuch as not materially to injure the object of the work, and that more has been gained than loft by the con- duct, he has purfued. The period in which the work makes its ap- pearance is fmgular. The people of England have affiduoufly been excited to declare their loy- 5 alty, PREFACE. xi alty, and to mark every man as obnoxious who is not ready to fign the Shibboleth of the constitu- tion. Money is raifed by voluntary fubfcription to defray the expence ofprofecutingmen who fhall dare to promulgate heretical opinions, and thus to opprefs them at once with the enmity of govern- ment and of individuals. This was an accident wholly unforefeen when the work was under- taken ; and it will fcarcely be fuppofed that fiich an accident could produce any alteration in the writer's defigns. Every man, if we may believe the voice of rumour, is to be profecuted who fhall appeal to the people by the publication of any unconftitutional paper or pamphlet ; and it it added, that men are to be profecuted for any un- guarded words that may be dropped in the warmth of converfation and debate. It is now to be tried whether, in addition to thefe alarming en- 7 o croachments upon our liberty, a book is to fall under the arm of the civil power, which, befide the advantage of having for one of its exprefs ob- jects the dinuading from all tumult and violence, b 2 is Xll PREFACE. is by its very nature an appeal to men of ftudy and reflexion. It is to be tried whether a project is formed for fuppreffmg the activity of mind, and putting an end to the difquifitions of fcience. Refpefting the event in a perfonal view the author has formed his refolution. Whatever conduct his countrymen may purfue, they will not be able to fhake his tranquillity. The duty he is moft bound to difcharge is the aflifting the progrefs of truth ; and if he fuffer in any refpecT; for fuch a proceeding, there is certainly no viciffitude that can befal him, that can ever bring along with it a more fatisfaclory confolation. But, exclufively of this precarious and unim- portant confideration, it is the fortune of the pre- fent work to appear before a public that is panic ftruck, and imprefTed with the moft dreadful ap- prehenfions of fuch do&rines as are here deli- vered. All the prejudices of the human mind are in arms againft it. This circumftaric'e may appear to be of greater importance than the other. But PREFACE. xiii But it is the property of truth to be fearlefs, and to prove victorious over every adverfary. It re- quires no great degree of fortitude, to look with indifference upon the falfe fire of the moment, and to forefee the calm period of reafon which will fucceed. January 7, 1793. CONTENTS OF THE FIRST VOLUME. BOOK I. OF THE IMPORTANCE OF POLITICAL INSTITUTIONS. BOOK II. PRINCIPLES OF SOCIETY. BOOK III. PRINCIPLES OF GOVERNMENT. BOOK IV. MISCELLANEOUS PRINCIPLES. CONTENTS OF THE FIRST BOOK. OF THE IMPORTANCE OF POLITICAL INSTITUTIONS. CHAP. I. INTRODUCTION. *HE fubjetl propofed. — Syftem of indifference — of paffive obe- dience — of liberty. — Syjlem of liberty extended. Page i CHAP. II, HISTORY OF POLITICAL SOCIETY. Frequency of war — among the ancients — among the moderns — the French — the Englijh. — Caufes of war. — Penal laws. — Def- potifm, — Deduction.— Enumeration of arguments. 5 b • CHAP. CONTENTS. CHAP. III. THE MORAL CHARACTERS OF MEN ORIGINATE IN THEIR PERCEPTIONS. No innate principles. — Objections to this ajfertion—from the early ablions of infants— from the defire of f elf -prefervation— from f elf- love— from pity — -from the vices of children — tyranny — fullennefs. — Conclufon. Page 12 CHAP. IV. THREE PRINCIPAL CAUSES OF MORAL IMPROVE- MENT CONSIDERED. I. LITERATURE. Benefits of literature. — Examples. — EJfential properties of literature. — Its defedls. II. EDUCATION. Benefits of education. — Caufes of its imbecility. III. POLITICAL JUSTICE. Benefits of political infiitution. — Univerfality of its influence — proved by the mi/lakes offociety. — Origin of evil. 19 CHAP. V. INFLUENCE OF POLITICAL INSTITUTIONS EXEMPLIFIED. Robbery and fraud, Hvo great vices infociety — originate, 1. in ex- treme poverty — 2. in the ofentation of the rich — 3. in their tyranny CONTENTS. tyranny — rendered permanent — I. by legiflation — 2. by the ad- m'mijlration of law — 3. by the inequality of conditions. Page %$ CHAP. VI. HUMAN INVENTIONS CAPABLE OF PERPETUAL IM- PROVEMENT. Perfectibility of man — in/lanced, firfi y in language. — Its beginnings. • — Abfirattion. — Complexity of language. — Second in/lance : al- phabetical writing. — Hieroglyphics atfirfl univerfal. — ProgreJJive deviations. — Application. 43 CHAP. VII. OF THE OBJECTION TO THESE PRINCIPLES FROM THE INFLUENCE OF CLIMATE. PART 1. OF MORAL AND PHYSICAL CAUSES. 'The queflion fated. — Provinces of fenfation and refection. — Moral caufes frequently mifiaken for phyfical. — Superiority of the former evident from the varieties of human character . — Operation of phyfical caufes rare. — Fertility of reflection. — Phyfical caufes in the firfi infiance fuperior, afterwards moral. — Objection from the effect of breed in animals. — Conclufion. 51 b2 PART CONTENTS. PART II. OF NATIONAL CHARACTERS. Char after of the priejlhood. — All nations capable of liberty. — 'The ajfertion illujlrated. — Experience favours thefe reafonings. — Means of introducing liberty. * Page 60 CHAP. VIII. OF THE OBJECTION TO THESE PRINCIPLES FROM THE INFLUENCE OF LUXURY. The objeftionjlated. — Source of this objeftion. — Refuted from muta- bility—from mortality— from the nature of truth, — The pro- bability of per fever ance confidered* 71 BOOK II. PRINCIPLES OF SOCIETT. CHAP. I. INTRODUCTION. Nature of the enquiry. — Mode of purfuing it. — Difinftion between fociety and government 77 CONTENTS. CHAP. II. OF. JUSTICE. Connection of politics and morals. — Extent and meaning of jujl 'ice.— • Subjetl of jujlice : mankind. — Its difribution meafured by the capacity of its fubjecl — by his ufefulnefs. — Family affeclion con- fdered. — Gratitude ccnfdered. — Objctlions : from ignorance — > from utility. — An exception fated. — Degrees of jujlice. — Applica- tion. — Idea of political juf ice % Page 80 APPENDIX, No. I. OF SUICIDE. Motives of fuicide: I. e [cape from pain — 2. benevolence.-— Martyrdom confnlered. <}2 APPENDIX, No. II. OF DUELLING. Motives of duelling: i. revenge — 2. reputation for courage. — Fallacy of this motive. — Objection anfwered. — Illuf ration. 94 CHAP. III. OF DUTY. A difficulty fated. — Of abfoluie and practical virtue. — Impropriety rf this difinElion, — Univerfality of what is called practical virtue 8 ■ — infanced CONTENTS. —injlanced in robbery — in religious fanaticifm. — The quality of an aft ion diJlinSl from the difpoftion with which it is performed. — Farther difficulty. — Meaning of the term, duty. — application. — Inferences. Page 97 CHAP. IV. OF THE EQJJALITY OF MANKIND. Phyjical equality. — Objection. — Anfwers. — Moral equality. — How limited. — Province of political jujiice. 104 CHAP. V. RIGHTS OF MAN. The quejlion jlated. — Foundation of fociety. — Oppofte rights smpofji- ble. — Conclufon from thefe premifes. — Difcretion confdered. — Rights of kings. — Immoral confequences of the doStrine of rights. — Rights of communities. — ObjeSlions : 1. the right of mutual aid. — Explanation. — Origin of the term, right. — 2. rights of pri- vate judgment and of the prefs. — Explanation. — Reafons of this limitation upon the functions of the community : 1 . the inutility of attempting reftraint — 2. its pernicious tendency. — Conclufon. 109 CHAP. VI. OF THE EXERCISE OF PRIVATE JUDGMENT. Foundation of virtue. — Human actions regulated : 1. by the nature of things — 2. by pofitive infitution. — 'Tendency of the latter : 1 . 5 to CONTENTS. to excite virtue .-—Its equivocal character in this refpeci.—2. to inform the judgment. — Its inaptitude for that purpofe. — Province of conscience conjidered. — 'Tendency of an interference with that province. — Recapitulation. — Arguments in favour of pofitive injlitution : i . the necejfity of repelling private injuftice. — Objec- tions : the uncertainty of evidence — the diverfty of motives — the unfuitablenefs of the means of correclion — either to imprefs new fentiments — or to frengthen old ones. — Punifment for the fake of example conjidered. — Urgency of the cafe. — z. rebellion — 3. war. — Objections. — Reply. P a ge I2 o BOOK III. PRINCIPLES OF GOVERNMENT. CHAP. I. SYSTEMS OF POLITICAL WRITERS. The quejlion fated.— Firjl hypothecs : government founded in fu- perior frength. — Second hypothecs : government jure divino. — Third hypothefis : the focial contraSl. — The firjl hypothefs exa- mined. — The fecond. — Criterion of divine right : 1. patriarchal defcent — 2 . jujllce. x 3 9 CONTENTS. CHAP. II. OF THE SOCIAL CONTRACT. Queries propofed. — Who are the contrasting parties? — What is the form of engagement ? — Over how long a period does the contrast extend? — To how great a variety of propoftions ? — Can it extend to laws hereafter to be made ? — Addrejfes of adhefon confidered* '—Fewer of a majority. Page 143 CHAP. III. OF PROMISES. The validity of promifes examined. — Shown to be inconjifent with j if ice — to be foreign to the general good. — Of the expeclation ex- cited. — The fulfilling expeclation does not imply the validity of a promife. — Conclusion . 1 r o CHAP. IV. OF POLITICAL AUTHORITY. Common deliberation the true foundation of government — proved from the equal claims of mankind— from the nature of our faculties — from the objeSi of government — from the effedis of common delibe- ration. — Delegation vindicated. — Difference between the doclrine here maintained and that of a focial contrail apparent — from the merely profpeclive nature of the former— from the nullity of pro- mifes— from the fallibility of deliberation. — Conclufon. 157 CHAP. CONTENTS. CHAP. V. OF LEGISLATION. Society can declare and interpret^ but cannot enacl.—Its authority only executive. Page 1 66 CHAP. VI. OF OBEDIENCE. Obedience not the correlative of authority. — No man bound to yield obedience to another. — Cafe of fubmlffion conjidered. — Foundation of obedience. — Ufefulnefs of foclal communication. — Cafe of confi- dence confidered. — Its limitations. — Mlfchlef of unlimited confi- dence. — Subjection explained. jgg APPENDIX. Moral principles frequently elucidated by Incidental reflection — by in- cidental pajfages in various authors. — Example. 176 CHAP. VII. OF FORMS OF GOVERNMENT. Argument In favour of a variety of forms — compared with the ar- gument In favour of a variety of religious creeds. — Tljat there is one bejl form of government proved— from the unity of truth — from the nature of man. — Objection from human weabiefs ana prejudice. — Danger in ejlabllflng an Imperfect code. — Manners c of CONTENTS. of nations produced by their forms of government. — Gradual im- provement necejfary. — Simplicity chiefly to be dejired. — Publi- cation of truth the grand inftrnment — by individuals, not by go- vernment — the truth entire , and not by parcels. — Sort of progrefs to be dejired. Page 1 79 BOOK IV. MISCELLANEOUS PRINCIPLES. CHAP. I. OF RESISTANCE. Every individual the judge of his own refi/ldnce. — Objection. — Anfwered from the nature of government — from the modes of re- fftance. — 1. Force rarely to be employed — either where there is fmall profpedt offuccefs — -or 'where the profpeSl is great. — Hi/lory of Charles the firfl eflimated. — 2. Reafoning the legitimate mode. 1 9 1 CHAP. CONTENTS. CHAP. II. OF REVOLUTIONS. SECTION I. DUTIES OF A CITIZEN. Obligation to fupport the conjlitution of our country confidered— mujl arife either from the reafon of the cafe, or from a perfonal and local confideration.—Thefr/i examined. — 1'hefecond. Page 198 SECTION II. MODE OF EFFECTING RESOLUTIONS. Perfuajion the proper inflrument — not violence — nor refentmenU — ■ Latenefs of event defirable. 202 section in. OF POLITICAL ASSOCIATIONS. Meaning of the term. — Affociations objected to — 1. from the fort of perfons 'with whom a jujl revolution fhould originate — 2. from the danger of tumult. — Objects of ajjociation. — In what cafes ad~ mifjibk. — Argued for from the neceffity to give weight to opinion —from their tendency to af certain opinion. — Unnecejfary for thefe purpofes. — General inutility. — ConceJJions. — Importance of facial communication. — Propriety of teaching rejiftance confidered. 20$ . C2 SECTION CONTENTS. SECTION IV. OF THE SPECIES OF REFORM TO BE DESIRED. Ought it to be partial or entire ? — Truth may not be partially taught. — Partial reformation confdered. — Objection. — Anfwer. — Partial reform indifpenfble. — Nature of a ju/l revolution — how dijlant? Page 219 CHAP. III. OF TYRANNICIDE. Diverfty of opinions on thisfubjecl. — Argument in its vindication. — The def ruction of a tyrant not a cafe of exception. — Confequences of tyrannicide. — AJfaJJination defcribed. — Importance of fncerity. 226 CHAP. IV. OF THE CULTIVATION OF TRUTH. SECTION I. OF ABSTRACT OR GENERAL TRUTH. Its importance as conducing — to our intellectual improvement— to our moral improvement. — Virtue the bejl fource ofhappinefs. — Proved by comparifon — by its manner of adapting itfelf to all ftuations — by its undecaying excellence— cannot be ejfeblually propagated but by a cultivated mind. — Importance of general truth to our political improvement. 231 CONTENTS. SECTION II. OF SINCERITY Nature of this virtue, — Its effects — upon our own actions — upon cur neighbours. — Its tendency to produce fortitude. — Effects of in- Jincerity. — Char abler which fncerity would acquire to him who pratlifed it. — Objections. — 'The fear of giving unneceffary pain. — Anfwer. — The defre of prefer ving my life. — This objection proves too much,-— Anfwer. — Secrecy confdered. — The fecrets of others. — State fecrets. — Secrets of philanthropy. Page 238 APPENDIX, No. I. OF THE CONNEXION BETWEEN UNDERSTANDING AND VIRTUE. Can eminent virtue exijl unconnected with talents ? — Nature of virtue. — It is the offspring of under/landing. — 7/ generates under - ftanding. — Illuf ration from other purfuits — love — ambition—' applied. Can eminent talents exijl unconnected with virtue f — Argument in the affirmative from analogy — in the negative from the univer- fality of moral f peculation— -from the nature of vice as founded in mifiake. — The argument balanced. — Importance of a fenfe of jufice. — Its connexion with talents. — Illiberally with which men of talents are ufually treated. 253 APPENDIX, CONTENTS. APPENDIX, No. II. OF THE MODE OF EXCLUDING VISITORS. Its impropriety argued— from thejituation in which it places , i. the vijitor — 2. thefervant. — Objetlions : — Pretended necejjity of this practice, I . to preferve us from intrufion — 2. to free us from difagreeable acquaintance. — Characters of the honeji and dijhoneji man in this refpeSt compared. Page 265 APPENDIX, No. III. SUBJECT OF SINCERITY RESUMED. A cafe propofed. — Arguments in favour of concealment. — Previous queflionx Is truth in general to be partially communicated? — Cujlomary effebls of fncerity — of infincerity — upon him who prabiifes it — 1. the fufpenfion of improvement — 2. mifanthropy — 3. dijingenuity — upon the fpeclators. — Sincerity delineated. — Its general importance. — Application. — Duty rejpebiing the choice of arejidence. 272 CHAP. V. OF FREE WILL AND NECESSITY. Importance of the quejiion.— Definition of necejjity. — Why fuppofed to exifl in the operations of the material univerfe. — The cafe of the operations of mind is parallel. — Indications of necejfity — in hi/lory — in our judgments of char abler — in our fchemes of policy — in our ideas CONTENTS. ideas of moral difcipline. — Objection from the fallibility of our ex- pectations in human cbndudi. — Anfwer. — Origin and univerfality of the fentiment of free will. — The fentiment of necejity alfo uni- verfal. — The truth of this fentiment argued from the nature of - volition. — Hypothefs of free will examined. — Self-determination. —'Indifference. — The will not a diftinct faculty. — Free will dif- advantageous to its pojfejfor — of no fervice to morality. Page 2 8 3 CHAP. VI. INFERENCES FROM THE DOCTRINE OF NECESSITY- Idea it fuggefls to us of the univerfe. — Influence on our moral ideas — adtion — virtue — exertion — perfuafion — exhortation — ardour — complacence and averfon — puni/hmeni — repentance — praife and blame — intellectual tranquillity. — Language of necefjiiy -re- commended. 305 / CHAP. VII. OF THE MECHANISM OF THE HUMAN MIND. Nature of mechanifm. — Its clajfes, material and intellectual.— Material fyjlem, or of vibrations. — The intellectual fyjlem mojl probable — from the conf deration that thought would otherwife be a fuperfiuity—from the e/labli/loed principles of reafoning from effects to caufes. — Objections refuted. — Thoughts which produce animal motion may be — 1. Involuntary. — All animal motions •were firjl involuntary . — >2. Unattended with confcioufnefs. — The mind CONTENTS. mind cannot have more than one thought at any one time.— Ob- jection to this ajfertim from the cafe of complex ideas— from various mental operations — as comparifon — apprehenfion — rapidity of the fucceffion of ideas. — Application. — Duration meafured by confcioufnefs. — 3. A diJlinSi thought to each motion may be unnecejfary — apparent from the complexity of fenfble imprefjions. — 'The mind always thinks. — Conclufion. — Tide theory applied to the phenomenon of walking — to the circulation of the blood.— Of motion in general. — Of dreams. Page 318 CHAP. VIII. OF THE PRINCIPLE OF VIRTUE. Hypothefes of benevolence and felf love — fuperiority of the former. — Adlion is either voluntary or involuntary. — Nature of the firjl of thefe clajfes. — Argument that refults from it. — Voluntary aclion has a real exiflence. — Confequence of that exiflence. — Experimental view of the fubjecl. — Suppoftions fugge/led by the advocates of felf love — that we calculate upon all occajions the advantage to accrue to us. — Falfenefs of this fuppofition. — Suppofition of a con- trary fort. — We do not calculate what would be the uneqfitiefs to refult from our refraining to atl — either in relieving diflrefs — or in adding to the Jlock of general good. — Uneafnefs an accidental member of the procefs. — The fuppofitions inconfjlently blended. — Scheme of felf love recommended from the propenfty of mind to 6 abbreviate CONTENTS. abbreviate its procefs—from the fmplicity that obtains in the natures of things. — Hypothejis of felf love incompatible with virtue. — Conclufon. — Importance of the quefion. — Application. Page 341 CHAP. IX. OF THE TENDENCY OF VIRTUE. // is the road to happinefs — to the cfeem and affetlion of others.— Objection from mifconfirutlion and calumny. — Anfwer. — Virtue compared with other modes of procuring e/leem. — Vice and not virtue is the fubjecJ of obloquy — infanced in the bafe alloy with which our virtues are mixed — in arrogance and oferdation — in the vices in which perfons of moral excellence alLw ihemfelvcs. — 'The virtuous man only has friends. — Virtue the road to profperity and fucccfs in the world — applied to commercial tra factions — to cafes that depend upon patronage. — Apparent exceptions where the dependent is employed as the infrument of vice. — Virtue compared with other modes of becoming profperous. — Source of the difrepute of virtue in this refpedl. — ConceJJion. — Cafe where convenient vice bids fair for concealment — Chance of detection. — Indolence — apprehenfhenefs — and depravity the off- fpring of vice. 362 AN A N ENQUIRY CONCERNING POLITICAL JUSTICE. BOOK I. OF THE IMPORTANCE OF POLITICAL INSTITUTIONS. CHAP. I. INTRODUCTION. THE SUBJECT PROPOSED. — SYSTEM OF INDIFFERENCE — OF PASSIVE OBEDIENCE — OF LIBERTY. — SYSTEM OF LIBERTY EXTENDED. THE queftion which firft prefents itfelf in an enquiry con- BOOK I. cerning political inftitution, relates to the importance of * ^ > The fubjcct the topic which is made the fubject of enquiry. All men will propofed. grant that the happinefs of the human fpecies is the moft defir- able object for human fcience to promote ; and that intellectual and moral happinefs or pleafure is extremely to be preferred B to 2 INTRODUCTION. BOOK I. to thofe which are precarious and tranfitory. The methods 1 ' which may be propofed for the attainment of this object, are various. If it could be proved that a found political inftitutiore was of all others the moft powerful engine for promoting indi- vidual good, or on the other hand that an erroneous and corrupt government was the moft formidable adverfary to the impfove— ment of the fpecies, it would follow that politics was the firft and moft important fubjecl: of human inveftigation. Syflem of in- The opinions of mankind in this refpect have been divided* difference : By one fet of men it is affirmed, that the different degrees of excellence afcribed to different forms of government are rather, imaginary than real; that in the great objects of fuperintendance no government will eminently fail ; and that it is neither the duty nor the wifdom of an honeft and induftrious individual to bufy himfelf with concerns fo foreign to the fphere of his in- o r paflive duftry. A fecond clafs, in adopting the fame principles, have obedience i; given t6 them a different turn. Believing that all governments. are nearly equal in their merit, they have regarded anarchy as the only political mifchief that deferved to excite alarm, and have been the zealous and undiftinguifhing adverfaries of all inno- vation. Neither of thefe claffes has of courfe been inclined to afcribe to the fcience and practice of politics a pre-eminence over every other,. •f liberty. But the advocates of what is termed political liberty have al- 1. wavs \ INTRODUCTION. ways been numerous. They have placed this liberty principally BOOK I. in two articles j the fecurity of our perfons, and the fecurity of our property. They have perceived that thefe objects could not be effected but by the impartial adminiftration of general laws, and the inverting in the people at large a certain power fufli- cient to give permanence to this adminiftration. They have pleaded, forne for a lefs and fome for a greater degree of equa- lity among the members of the community ; and they have confidered this equality as infringed or endangered by enormous taxation, and the prerogatives and privileges of monarchs and ariftocratical bodies. But, while they have been thus extenfive in the object of their demand, they feem to have agreed with the two former clalfes in regarding politics as an object of fubordinate importance, and only in a remote degree connected with moral improvement. They have been prompted in their exertions rather by a quick fenfe of juftice and difdain of oppreffion, than by a confcioufnefs of the intimate connection of the different parts of the focial fyftem, whether as it relates to the intercourfe of individuals, or to the maxims and inftitutes of ftates and nations *. It may however be reafonable to confider whether the fcience Syft emo fli- of politics be not of fomewhat greater value than any of thefe e d, r } exte " d " * Thefe remarks will apply to the Englifh writers upon politics in general, from Sydney and Locke to the author of the Rights of Man. The more com- prehenfive vitw has been perfpicuoufly treated by Rouffeau and Helvetius. B 2 reafoners 4 INTRODUCTION. BOOK I. reafoners have been inclined to fufpedt. It may fairly be quef- CHAP. I. .*— — * ' tioned, whether government be not ftill more confiderable in its incidental effects, than in thofe intended to be produced. Vice, for example, depends for its exiftence upon the exiftence of temptation. May not a good government ftrongly tend to ex- tirpate, and a bad one to increafe the mafs of temptation ? Again, vice depends for its exiftence upon the exiftence of error. May- not a good government by taking away all reftraints upon the- enquiring mind haften, and a bad one by its patronage -of error procraftinate the difcovery and eftablifhment of truth-? Let us confider the fubjecT; in this point of view. If it can be proved that the fcience of politics is thus unlimited in its importance, the advocates of liberty will have gained an additional recom- mendation, and its admirers will be incited with the greater cagernefs to the inveftigation of its principles, , CHAP, V s 1 i - G H A P. IL- HISTORY OF POLITICAL SOCIETY. FREQUENCY OF WAR — AMONG THE ANCIENTS — AMONG THE MODERNS — THE FRENCH — THE ENGLISH. CAUSES OF WAR. — PENAL LAWS. — DESPOTISM. — DEDUCTION. ENUMERATION OF -ARGUMENTS. WHILE we enquire whether government is capable of book r. _ „ . „ r , . . CHAP. II. improvement, we lhall do well to conhder its preient ^ v - > effects. It is an old obfervation, that the hiftory of mankind war: is little elfe than the hiftory of crimes. War has hitherto been confidered as the infeparable ally of political inftitution. The among the- ancients : earlieft records of time are the annals of conquerors and heroes, a Bacchus, a Sefoftris, a Semiramis and a Cyrus. Thefe princes led millions of men under their ftandard, and ravaged innume-- rable provinces. A fmall number only of their forces ever re- turned to their native homes, the reft having periihed of tlif- eafes, hardfliips and mifery. The evils they inflicted, and the mortality introduced in the countries againft which their expe- ditions were dirc&ed, were certainly not lefs fevere than thofe which their countrymen fufFered. No fconer does hiftory be- come more precife, than we are prefented with the four great monarchies, that is, with four fuccelsful projects, by means of bloodihedj . 6 HISTORY OF K h anc ^ endlefs. But this cannot be the cafe, if truth at laft have * ; ' any real exiftence. Errors will, during the whole period .of their reign, combat each other ; prejudices that have pafTed un- fufpected for ages, will have their era of detection ; but, if in any fcience we difcover one folitary truth, it cannot be over- thrown. Its de r eas. Such are the arguments that may be adduced in favour of literature. But, even fhould we admit them in their full force, and at the fame time fuppofe that truth is the omnipotent arti- ficer by which mind can infallibly be regulated, it would yet by no means fufficiently follow that literature is alone adequate to all the purpofes of human improvement. Literature, and particularly that literature by which prejudice is fuperfeded, and the mind is ftrung to a firmer tone, exifts only as the portion of a few. The multitude, at leaft in the prefent ftate of human fociety, cannot partake of its illuminations. For that purpofe it would be neceffary, that the general fyftem of policy mould become favourable, that every individual fhould have leifure for reafoning and reflection, and that there fhould be no fpecies of public inftitution, which, having falfhood for its bafis, fhould .counteract their progrefs. This ftate of fociety, if it did not precede the general diflemination of truth, would at leaft be the immediate refult of it. But in reprefenting this ftate of fociety as the ultimate refult, 2 we MORAL IMPROVEMENT CONSIDERED. 2 3 we mould incur an obvious fallacy. The difcovery of truth is BOOK I. ' CHAP. IV. a purfuit of fuch vaft extent, that it is Scarcely pofilble to pre- fcribe bounds to it. Thofe great lines, which feem at prefent to mark the limits of human understanding, will, like the miSts that rife from a lake, retire farther and farther the more clofely we approach them. A certain quantity of truth will be fuffi- cient for the fubverfion of tyranny and usurpation ; and this fubverfion, by a reflected force, will affift our understandings in the difcovery of truth. In the mean time, it is not eafy to define the exact portion of difcovery that mult neceiTarily pre- cede political melioration. The period of partiality and injuftice will be Shortened, in proportion as political rectitude occupies a principal fhare in our difquifition. When the molt consider- able part of a nation, either for numbers or influence, becomes convinced of the flagrant abfurdity of its institutions, the whole will foon be prepared tranquilly and by a fort of common con-- fent to fuperfede them. II. EDUCATION. But, if it appear that literature, unaided by the regularity Benefis of of institution and difcipline, is inadequate to the reformation of the fpecies, it may perhaps be imagined, that education, com- monly fo called, is the beSt of all Subsidiaries for making up its defects. Education may have the advantage of taking mind in its original State, a foil prepared for culture, and as yet unin- fefled CHAP. IV. v. 24 THREE PRINCIPAL CAUSES 'Hap^ tv ^ e ^ c ^ with weeds ; and it is a common and a reafonable opi- nion, that the tafk is much eafier to plant right and virtuous difpofitions in an unprejudiced underftanding, than to root up the errors that have already become as it were a part of ourfelves. If an erroneous and vicious education be, as it has been fhewn to be, the fource of all our depravity, an education, deprived of thefe errors, feems to prefent itfelf as the molt na- tural exchange, and rauft neceffarily render its fubject virtuous and pure. I will imagine the pupil never to have been made the victim of tyranny or the flave of caprice. He has never been per- mitted to triumph in the fuccefs of importunity, and cannot therefore well have become reftlefs, inconftant, fantaftical or unjuft. He has been inured to ideas of equality and inde- pendence, and therefore is not paflionate, haughty and over- bearing. The perpetual witnefs of a temperate conduct and reafonable fentiments, he is not blinded with prejudice, is not liable to make a falfe eftimate of things, and of confequence has no immoderate defires after wealth, and fplendour, and the grati- fications of luxury. Virtue has always been prefented to him under the moft attractive form, as the fureft medium of fuccefs in every honourable purfuit, the never-failing confolation of dis- appointment, and infinitely fuperior in value to every other ae- quifition. I« OF MORAL IMPROVEMENT CONSIDERED. 25 It cannot be doubted that Such an education is calculated to BOOK r. CHAP. IV. produce very considerable effects. In the world indeed the v — -v- — -* Caufes of its pupil will become the Spectator of Scenes very different from imfowKty. what his preconceived ideas of virtue might have taught him to expect. Let us however admit it to be poffible fo to temper the mind, as to render it proof againft the influence of example and the allurements of luxury. Still it may be reafonable to doubt of the Sufficiency of education. How many instances may we expect to find, in which a plan has been carried into exe- cution, fo enlightened, unremitted and ardent, as to produce theSe extraordinary effects ? Where muSt the preceptor himSelf have been educated, who Shall thus elevate his pupil above all the errors of mankind ? If the world teach an implicit deference to birth and riches and accidental distinctions, he will Scarcely be exempt from this deference. If the world be full of intrigue and rivalShip and SelfiShneSs, he will not be wholly difinterefted. If falShood be with mankind at large reduced to a SyStem, re- commended by the prudent, commanded by the magistrate, in- forced by the moraliSt *, and practiSed under a thouSand forms, the * The following paffage is extracted from Lord Kaimes, late one of the judges of the kingdom of Scotland. " Cuftom-houfe oaths now a-days go for nothing. Not that the world grows more wicked, but becaufe nobody lays any ftrefs upon them. The duty on French wine is the fame in Scotland and in England. But as we cannot afford to pay this high duty, the permiffion underhand to pay Spanifh duty for E French 26 THREE PRINCIPAL CAUSES OF r*HAp K tv ^ ie individual w ill not always have the fimplicity to be fincere,.. or the courage to be true. If prejudice have ufurped the feat of knowledge, if law and religion and metaphyfics and govern- ment be furrounded with myftery and artifice, he will not know the truth, and therefore cannot teach it ; he will not poffefs the criterion, and therefore cannot furnifh it to another. Again; if a man thus mighty, thus accomplifhed, thus fuperior to rivalfhip and comparifon, can be found, who will confent to the. profana- tion of employing him in cultivating the mind of a boy, when he fhould be inftrucling the world I Education, in the fenfe in which it has commonly been un— derftood, though in one view an engine of unlimited power, is- French wine, is found more beneficial to the revenue than the rigour of the law». The oath however muft be taken that the wine we impart is Spanifh, to entitle us to the eafe of the Spanifh duty. Such oaths at firft were highly criminal, becaufe directly a fraud againft the public ; but now that the oath is only ex- acted for form's fake, without any faith intended to be given or received, it becomes very little different from faying in the way of civility, ' I am, fir, your, friend, or your obedient fervant." — Loofe Hints upon Education,, Appendix, p. 362. Edinburgh, 178 1. Archdeacon Paley in a work, the feventh edition of which lies before me,, and which is ufed as a text book in the univerfity of Cambridge, fpeaks thus : " There are falfiioods which are not lies ; that is, which are not criminal ;, as — a fervant's denying his mafter, a prifoner's pleading not guilty, an advocate aflerting the juftice, or his belief of the juftice of his client's caufe. In fuch inftances no confidence is deftroyed, becaufe none was repofed." Principles of Moral and Political Philofophy, Book III. Part I. Chap. xv. London, 1 790. exceed- MORAL IMPROVEMENT CONSIDERED. a 7 exceedingly incompetent to the great bufinefs of reforming BOOK I. mankind. It performs its talk weakly and in detail. The grand principles that the inventor feeks in his machines, and the phi- lofopher in inveftigating the fyftem of the univerfe, are fuch, as from a few fimple data are fufficient to the production of a thoufand events. But the education I have been defcribing is the reverfe of this. It employs an immenfe combination of powers, and an endlefs chain of caufes for the production of a Tingle fpecimen. No ta£k, which is not in its own nature im- practicable, can eafily be fuppofed more difficult, than that of •counteracting univerfal error, and arming the youthful mind againft the contagion of general example. The ftrongeft mind that propofed this as its object, would fcarcely undertake the forming more than one, or at mod a very fmall number, of pupils. Where can a remedy be found for this fundamental -difadvantage ? where but in political juflice, that all comprehen- five fcheme, that immediately applies to the removal of counter- faction and contagion, that embraces millions in its grafp, and -that educates in one fchool the preceptor and the pupil ? III. "POLITICAL JUSTICE. The benefits of political juftice will beft be underftood, if Benefits of we confider fociety in the moft comprehenfive view, taking lilcT* JU ~ ■into our eftimate the erroneous inftitutions by which the human mind has been too often checked in its career., as well as thofe E 2 well 28. THREE PRINCIPAL CAUSES OF J?P°„ K }' well founded opinions of public and individual intereft, which CHAP. IV. ■ r r ' * v — — ' perhaps need only to be clearly explained, in order to their being generally received. UnlverfaKty Now in whatever light it be confidered, we cannot avoid of its influ- ° «ce : perceiving, firft, that political inftitution is peculiarly ftrong in that very point in which the efficacy of education was deficient, the extent of its operation. That it in fome way influences our conduct will hardly be difputed. It is fufficiently obvious that a defpotic government is calculated to render men pliant, and a free one refolute and independent. All the effects that any principle adopted into the practice of a community may produce, it produces upon a comprehenfive fcale. It creates a fimilar bias in the whole, or a confiderable part of the fociety. The motive it exhibits, the ftimulus it begets, are operative, Hbecaufe they are fitted to produce effect upon mind. They will therefore inevitably influence all to whom they are equally addreffed. Virtue, where virtue is the refult, will ceafe to be a tafk of perpetual watchfulnefs and contention. It will neither be, nor appear to be, a facrifice of our perfonal advantage to difmterefted confiderations. It will render thofe the confederates, fupport and fecurity of our rectitude, who were before its moft formidable enemies. proved by the Again, an additional argument in favour of the efficacy of miftakes of -.'„,-. •re i r n focUty. political inftitutions, anfes from the exteniive influence which 3 certain MORAL IMPROVEMENT CONSIDERED. 29 certain falfe principles, engendered by an imperfect fyftem of BOOK r. fociety, have been found to exert. Superftition, an immoderate v v • fear of fhame, a falfe calculation of intereft, are errors that have been always attended with the moil extenfive confequences. How incredible at the prefent day do the effects of fuperftition exhibited in the middle ages, the horrors of excommunication and interdict, and the humiliation of the greateft monarchs at the feet of the pope, appear ? What can be more contrary to European modes than that dread of difgrace, which induces the Bramin widows of Indoftan to deftroy themfelves upon the funeral pile of tbeir hufbands ? What more horribly immoral than the miftaken idea which leads multitudes in commercial countries to regard fraud, fallhood and circumvention as the trueft policy ? But, however powerful thefe errors may be, the empire of truth, if once eftablifhed, would be incomparably greater. The man, who is enflaved by fhame, fuperftition or deceit, will be perpetually expofed to an internal war of opi- nions, difapproving by an involuntary cenfure the conduct he has been moft perfuaded to adopt. No mind can be fo far ali- enated from truth, as not in the midft of its degeneracy to have inceffant returns of a better principle. No fyftem of fociety can be fo thoroughly pervaded with miftake, as not frequently to fuggeft to us fentiments of virtue, liberty and juftice. But truth is in all its branches harmonious and confiftent. The 3© THREE PRINCIPAL CAUSES OF BOOK I. The recollection of this circumftance induces me to add as a CHAP. IV. * * ' concluding obfervation, that it may reafonably be doubted whe- ther error could ever be formidable or long-lived, if government did not lend it fupport. The nature of mind is adapted to the perception of ideas, their correfpondence and difference. In the right difcernment of thefe is its true element and moft con- genial purfiiit. Error would indeed for a time have been the refult of our partial perceptions ; but, as our perceptions are continually changing, and continually becoming more definite and correct, our errors would have been momentary, and our judgments have hourly approached nearer to the truth. The doctrine of tranfubftantiation, the belief that men were really eating flefli when they feemed to be eating bread, and drinking rihuman blood when they feemed to be drinking wine, could •never have maintained its empire fo long, if it had not been ^reinforced by civil authority. Men would not have fo long perfuaded themfelves that an old man elected by the intrigues -of a conclave of cardinals, from the moment of that election -became immaculate and infallible, if the perfuafion had not been maintained by revenues, endowments and palaces. A fyftem -of government, that fhould lend no fanction to ideas of fana- -ticifm and hypocrify, would prefently accuftom its fubjects to think juftly upon topics of moral worth and importance. A Hate, that fhould abftain from impofing contradictory and im- practicable oaths, and thus perpetually ftimulating its members i to MORAL IMPROVEMENT CONSIDERED. 31 to concealment and perjury, would foon become diftinguifhed BOOK I. CHAP. IV. for plain dealing and veracity. A country, in which places of ^ * ' dignity and confidence fhould ceafe to be at the difpofal of faction, favour and intereft, would not long be the refidence of fervility and deceit. ev:2. Thefe remarks fugged to us the true anfwer to an obvious origin of objection, that might otherwife prefent itfelf, to the conclufion to which thefe principles appear to lead. It might be faid, that an erroneous government can never afford an adequate folution. for the exiftence of moral evil, fince government was itfelf the-: production of human intelligence, and therefore, if ill, muft have been indebted for its ill qualities to fome wrong which had pre- vious exiftence. The propofition afferted in this objection is undoubtedly true.- All vice is nothing more than error and miftake reduced into practice, and adopted as the principle of our conduct. But error is perpetually haftening to its own detection. Vicious conduct is foon difcovered to involve injurious confequences. Injuftice therefore by its own nature is little fitted for a durable exift- ence. But government " lays its hand upon the fpring there is in fociety, and puts a flop to its motion *." It gives fubftance and permanence to our errors. It reverfes the genuine propenfities * Logan, Philofophy of Hiftory, p. 69. of 3 t THREE PRINCIPAL CAUSES, &c. BOOK I. f mind, and, inftead of fuffering us to look forward, teaches us CHAP. IV. ' ' ° ' .' * ' to look backward for perfection. It prompts us to feek the public welfare, not in innovation and improvement, but in a timid reverence for the decifions of our anceftors, as if it were the nature of mind always to degenerate, and never to advance. CHAP. [ r j CHAP. V. INFLUENCE OF POLITICAL INSTITUTIONS EXEMPLIFIED. ROBBERY AND FRAUD, TWO GREAT VICES IN SOCIETY — ORIGINATE, I. IN EXTREME POVERTY — 2. IN THE OS- TENTATION OF THE RICH 3. IN THEIR TYRANNY RENDERED PERMANENT — I. BY LEGISLATION — 2. BY THE ADMINISTRATION OF LAW — 3. BY THE INEQUA- LITY OF CONDITION. T HE efficacy of political inftitutions will be rendered ftill BOOK I. CHAP. V. more evident, if wc enquire into the hiftory of the raoft * . ' confiderable vices at prefent exifling in fociety ; and if it can be fhewn that they derive their inveteracy from political inftitution. Two of the greateft abufes relative to the interior policy of Robbery and » l-i • m • 1 1 fraud, two nations, which at this time prevail in the world, will be allowed great vices ia fociety » to confift in the irregular transfer of property, either firft by violence, or fecondly by fraud. If among the inhabitants of any country there exifted no defire in one individual to pofTefs himfelf of the fubftance of another, or no defire fo vehement and reftlefs, as to prompt him to acquire it by means inconfiftent with order and juftice ; undoubtedly in that country guilt could F hardly 34- INFLUENCE OF POLITICAL chap v h ar d'y be known but by report. If every man could with ' v ' perfect facility obtain the neceffaries of life, and, obtaining them,, feel no uneafy craving after its fuperfluities, temptation would lofe its power. Private intereft would vifibly accord with public good ; and civil fociety become all that poetry has feigned of the golden age. Let us enquire into the principles to which thefe evils owe their exiftence, and the treatment by which they may be alleviated or remedied. originate, i. Firft then it is to be obferved, that, in the moft refined ftates in extreme poverty. of Europe, the inequality of property has arifen to an alarming height. Vaft numbers of their inhabitants are deprived of almoft every accommodation that can render life tolerable or fecure. Their utmoft induftry fcarcely fuffices for their fup- port. The women and children lean with an infupportable weight upon the efforts of the man, fo that a large family has in the lower order of life become a proverbial expreflion for an uncommon degree of poverty and wretchednefs. If ficknefs or fome of thofe cafualties which are perpetually incident to an aftive and laborious life, be fuperadded to thefe burthens, the diftrefs is yet greater. It feems to be agreed that in England there is lefs wretched- nefs and diftrefs than in moft of the kingdoms of the continent. In England the poors' rates amount to the fum of two millions fterling per annum. It has been calculated that one perfon in fevea INSTITUTIONS EXEMPLIFIED. 35 feven of the inhabitants of this country derives at fome period ?°°*5- r ; of his life affiftance from this fund. If to this we add the per- ' » ' fons, who, from pride, a fpirit of independence, or the want of a legal fettlement, though in equal diftrefs, receive no fuch affiftance, the proportion will be confiderably increafed. I lay no ftrefs upon the accuracy of this calculation ; the ge- neral fact is fufficient to give us an idea of the greatnefs of the abufe. The confequences that refult are placed beyond the reach of contradiction. A perpetual ftruggle with the evils of poverty, if frequently ineffectual, muft neceffarily render many of the fufferers defperate. A painful feeling of their oppreffed fituation will itfelf deprive them of the power of furmounting it. The fuperiority of the rich, being thus unmercifully exer- cifed, muft inevitably expofe them to reprifals ; and the poor jtnan will be induced to regard the ftate of fociety as a ftate of war, an unjuft combination, not for protecting every man in his rights and fecuring to him the means of exiftence, but for engrofling all its advantages to a few favoured individuals, and referving for the portion of the reft want, dependence and mi- fery. A fecond fource of thofe deftrudtive paflions by which the 2. ; n the of- £■!••■•• ■ ' tentation of peace of lociety is interrupted, is to be found in the luxury, the the rich: pageantry and magnificence with which enormous wealth is nfually accompanied. Human beings are capable of encoun- F 2 tering 3 6 INFLUENCE OF POLITICAL BOOK I. tering with chearfulnefs confiderable hardships, when thofe hard- fhips are impartially fhared with the reft of the fociety, and they are not infulted with the fpectacle of indolence and eafe in others, no way deferving of greater advantages than themfelves. But it is a bitter aggravation of their own calamity, to have the privileges of others forced on their obfervation, and, while they are perpetually and vainly endeavouring to fecure for themfelves and their families the pooreft conveniences, to find others re- velling in the fruits of their labours. This aggravation is affi- duoufly adminiftered to them under moft of the political efta- blifhments at prefent in exiftence. There is a numerous clafs of individuals, who, though rich, have neither brilliant talents nor fublime virtues ; and, however highly they may prize their education, their affability, their fuperior polifh and the elegance of their manners, have a fecret confcioufnefs that they pofTefs nothing by which they can fo fecurely alTert their pre-emi- nence and keep their inferiors at a diftance, as the fplendour of their equipage, the magnificence of their retinue and the fump- tuoufnefs of their entertainments. The poor man is ftruck with this exhibition ; he feels his own miferies ; he knows how un- wearied are his efforts to obtain a {lender pittance of this pro- digal wafte ; and he miftakes opulence for felicity. He cannot perfuade himfelf that an embroidered garment may frequently cover an aching heart. 3. in the?* A third difadvantasre that is apt to conned poverty with tyranny: ° x * difcontent INSTITUTIONS EXEMLPLIFIED. 37 difcontent confifts in the Infolence and ufurpation of the rich. BOOK i. r CHAP. v. If the poor man would in other refpeds compofe himfelf in * * ' philofophic indifference, and, confcious that he poffeffes every- thing that is truly honourable to man as fully as his rich neigh- bour, would look upon the reft as beneath his envy, his neigh- bour will not permit him to do fo. He feems as if he could never be fatisfied with his poffeffions unlefs he can make the fpedacle of them grating to others ; and that honeft felf-efteem> by which his inferior might otherwife arrive at apathy, is ren- dered the inftrument of galling him with oppreffion and in- juftice. In many countries junice is avowedly made a fubjed of folicitation, and the man of the higheft rank and moft fplen- did connections almoft infallibly carries his caufe againft the unprotected and friendlefs. In countries where this fhamelefs pradice is not eftablifhed, juftice is frequently a matter of ex- penfive purchafe, and the man with the longeft purfe is pro- verbially victorious. A confcioufnefs of thefe fads muft be expeded to render the rich little cautious of offence in his deal- ings with the poor, and to infpire him with a temper over- bearing, didatorial and tyrannical. Nor does this indired op- preffion fatisfy his defpotifm. The rich are in all fuch countries diredly or indiredly the legislators of the ftate ; and of confe- quence are perpetually reducing oppreffion into a fyftem, and depriving the poor of that little commonage of nature as it were, which might otherwife ftill have remained to them. The 38 INFLUENCE OF POLITICAL BOOK I. CHAP. V. » . > The opinions of individuals, and of confequence their defires, for defire is nothing but opinion maturing for action, will al- ways be in a great degree regulated by the opinions of the com- munity. But the manners prevailing in many countries are accurately calculated to imprefs a conviction, that inte- grity, virtue, .understanding and induftry are nothing, and that opulence is every thing. Does a man, whofe exterior denotes indigence, expect to be well received in fociety, and especially by thofe who would be underftood to dictate to the reft ? Does he find or imagine himfelf in want of their afliftance and fa- vour ? He is prefently taught that no merits can atone for a mean appearance. The leffon that is read to him is, Go home, enrich yourfelf by whatever means, obtain thofe Superfluities which are alone regarded as eftimable, and you may then be fecure of an .amicable reception. Accordingly poverty in fuch countries is viewed as the greateft of demerits. It is efcaped from with an eagernefs that has no leifure for the fcruples of honefty. It is concealed as the moft indelible difgrace. While one man choofes the path of undiftinguifhing accumulation, an- other plunges into expences which are to impofe him upon the world as more opulent than he is. He haftens to the reality of that penury, the appearance of which he dreads ; and, toge- ther with his property, facrifices the integrity, veracity and character which might have confoled him in his adverfity. rendered per- manent : Such are the caufes, that, in different degrees under the dif- ferent INSTITUTIONS EXEMPLIFIED. 39 ferent governments .of the world, prompt mankind openly or BOOK I. fecretly to encroach upon the property of each other. Let us * v ' confider how far they admit either of remedy or aggravation from political inftitution. Whatever tends to decreafe the in- juries attendant upon poverty, decreafes at the fame time the in- ordinate deilre and the enormous accumulation of wealth. Wealth is not purfued for its own fake, and feldom for the fenfual grati- fications it can purchafe, but for the fame reafons that ordinarily prompt men to the acquisition of learning, eloquence and fkill, for the love of diftinction and fear of contempt. How few would prize the poffeffion of riches, if they were condemned to enjoy their equipage, their palaces and their entertainments in folitude, with no eye to wonder at their magnificence, and no fordid obferver ready to convert that wonder into an adulation of the owner ? If admiration were not generally deemed the exclufive property of the rich, and contempt the conftant lacquey of po- verty, the love of gain would ceafe to be an univerfal paffion. Let us confider in what refpects political inftitution is rendered fubfervient to this paffion. Firft then, legiflation is in almoft every country grofsly the 1. by fegif- • n • lation : favourer of the rich againft the poor. Such is the character of the game laws, by which the induftrious ruftic is forbidden to deftroy the animal that preys upon the hopes of his future fub- fiftence, or to fupply himfelf with the food that unfought thrufts itfelf in his path. Such was the fpirit of the late revenue laws of 4 o INFLUENCE OF POLITICAL CHAP v °^ ^ rance > w 'hich in feveral of their provifions fell exclufively v — ^ 1 U p 0n tne humble and induftrious, and exempted from their ope- ration thofe who were beft able to fupport it. Thus in England the land tax at this moment produces half a million lefs than it did a century ago, while the taxes on confumption have ex- perienced an addition of thirteen millions per annum during the fame period. This is an attempt, whether effectual or no, to throw the burthen from the rich upon the poor, and as fuch is an exhibition of the fpirit of legislation. Upon the fame princi- ple robbery and other offences, which the wealthier part of the community have no temptation to commit, are treated as capital crimes, and attended with the moft rigorous, often the moft in- human punimments. The rich are encouraged to affociate for the execution of the moft partial and oppreffive pofitive laws. Monopolies and patents are lavifhly difpenfed to fuch as are able to purchafe them. While the moft vigilant policy is employed to prevent combinations of the poor to fix the price of labour, and they are deprived of the benefit of that prudence and judgment which would felect the fcene of their induftrv. a. by the ad- Secondly, the adminiftration of law is not lefs iniquitous than minifttation ,«f law: t he fpi r it in which it is framed. Under the late government of France the office of judge was a matter of purchafe, partly by an open price advanced to the crown, and partly by a fecret douceur paid to the minifter. He, who knew beft how to manage hi s market in the retail trade of juftice, could afford to purchafe the 4 good INSTITUTIONS EXEMPLIFIED. 41 •good will of its functions at the higheft price. To the client J^9?^ h juftice was avowedly made an object of perfonal folicitation, and * * ' a powerful friend, a handfome woman, or a proper prefent, were articles of much greater value than a good caufe. In England the criminal law is adminiftered with tolerable impartiality fo far as regards the trial itfelf ; but the number of capital offences, and of confequence the frequency of pardons, open even here a wide door to favour and abufe. In caufes relating to property the practice of law is arrived at fuch a pitch as to render all juftice ineffectual. The length of our chancery fuits, the multiplied ap- peals from court to court, the enormous fees of counfel, attornies, fecretaries, clerks, the drawing of briefs, bills, replications and re- joinders, and what has fometimes been called the glorious un- certainty of the law-j render it often more advifable to refign a property than to contefl it, and particularly exclude the im- poverifhed claimant from the faintefl hope of redrefs. Nothing certainly is more practicable than to fecure to all queftions of controverfy a cheap and fpeedy decifion, which, combined with the independence of the judges and a few obvious improvements in the conftruction of juries, would infure the equitable applica- tion of general rules to all characters and ftations. Thirdly, the inequality of conditions ufually maintained by 3- by the in- equality of political inftitution, is calculated greatly to enhance the imagined conditions. .excellence of wealth. In the ancient monarchies of the eaft, ,and in Turkey at the prefent day, an eminent ftation could G fcarcely CHAP. V. » . ' 42 INFLUENCE OF POLILTICAL, Bee. *h ap v ^ carce ^7 fail t0 excite implicit deference. The timid inhabitant trembled before his fuperior; and would have though,, it little lefs than blafphemy, to touch the veil drawn by the proud fatrap over his inglorious origin. The fame principles were extenfively prevalent under the feudal fyftem. The vaffal, who was re- garded as a fort of live ftock upon the eftate, and knew of no appeal from the arbitrary fiat of his lord, would fcarcely venture to fufpect that he was of the fame fpecies. This however con- stituted an unnatural and violent fituation. There is a propen- sity in man to look farther than the outfide j and to come with a writ of enquiry into the title of the upftart and the fuccefsful. In England at the prefent day there are few poor men who do not confole themfelves, by the freedom of their animadverfions upon their fuperiors. The new-fangled gentleman is by no means fecure againft having his tranquillity difturbed by their furly and pointed farcafms. This propenfity might eafily be encouraged, and made conducive to the moft falutary purpofes. Every man might, as was the cafe in certain countries upon record, be in- fpired with the confeioufnefs of citizenfliip, and be made to feel himfelf an active and efficient member of the great whole. The poor man would then perceive, that, if eclipfed, he could not be trampled upon ; and he would no longer be flung with the furies of envy, refentment and defpair. CHAP. [ 43 ] 43 CHAP. VI. HUMAN INVENTIONS CAPABLE OF PERPETUAL IMPROVEMENT. PERFECTIBILITY OF MAN — INSTANCED, FIRST, IN LAN- GUAGE. — ITS BEGINNINGS. — ABSTRACTION. — COMPLEXI- TY OF LANGUAGE. — SECOND INSTANCE: ALPHABETICAL WRITING. HIEROGLYPHICS AT FIRST UNIVERSAL. PROGRESSIVE DEVIATIONS. — APPLICATION. IF we would form to ourfelves a folid eftimate of political, or BOOK I. CHAP. VI indeed of any other fcience, we ought not to confine our » v * J furvey to that narrow portion of things which pafTes under our f man : own immediate infpection, and rafhly pronounce every thing that we have not ourfelves feen, to be impoffible. There is no characteriftic of man, which feems at prefent at leaft fo eminently to diftinguifh him, or to be of fo much importance in every branch of moral fcience, as his perfectibility. Let us carry back our minds to man in his original ftate, a being capable of im- preffions and knowledge to an unbounded extent, but not having as yet received the one or cultivated the other ; and let us con- trail this being with all that fcience and genius have effected : and from hence we may form fome idea what it is of which hu- G 2 man 44 BOOK I. CHAP. VI. « ^ ' HUMAN INVENTIONS CAPABLE man nature is capable. It is to be remembered, that this being: did not as now derive afliftance from the communications of his; fellows, nor had his feeble and crude conceptions affifted by the^ experience of fucceffive centuries ; but that in the ftate we are. figuring all men were equally ignorant. The field of improve- ment was before them, but for every ftep in advance they were - to be indebted to their untutored efforts. Nor is it of any con- fluence whether fuch was actually the progrefs of mind, or whether, as others teach,. the progrefs was abridged, and. man. was immediately advanced half way to the end of his career by the interpofition of the author of his nature. In any cafe it is an allowable and no unimproving {peculation, to confider mind as it is in itfelf, and to enquire what would have been its hiftory, . if, immediately upon its production, it had been left to be acted upon by thofe ordinary laws of the univerfe with whofe opera- tion we are acquainted. inftanced, i. in language. One of the acquifitions- mod: evidently requifite as a prelimi- nary to our prefent improvements is that of language. But it is impomble to conceive of an acquifition, that muft have been in its origin more different from what at prefent it is found, or that lefs promifed that copioufnefs and refinement it has fince ex- hibited. Its begm- lt s beginning was probably from thofe involuntary cries, which infants for example are found to utter in the earlieft ftages OF PERPETUAL IMPROVEMENT. 45 ft'agcs of their exiftence, and which, previoufly to the idea of BOOK I- 6 ' ■> f l CHAP. VI. exciting pity or procuring afliftance, fpontaneoufly arife from the ' » operation of pain upon our animal frame. Thefe cries, when actually uttered, become a fubject of perception to him by whom they are uttered j and; being obferved to be conftantly afTociated with certain preliminary impreffions and to excite the idea cf thofe impreffions in the hearer, may afterwards be repeated from reflection and the defire of relief. Eager defire to communicate any information to another, will alfo prompt us to utter fome fimple found for the purpofe of exciting attention : this found will probably frequently recur to organs unpractifed to variety, and will at length fland as it were by convention for the inform- ation intended to be conveyed. But the diflance is extreme from thefe fimple modes of communication, which we polfefs in common with fome of the inferior animals, to all the analyfis and abftraction which languages require.. Abftraction indeed, though as it is commonly underftood it Abftraftion. be one of the fublimeft operations of mind, is in fome fort co- eval with and infeparable from the exiftence of mind. The next ftep to fimple perception is that of comparison, or the coupling together of two ideas and the perception of their refemblances and differences. Without comparifon there can be no preference, and without preference no action : though it muft be acknow- ledged, that this comparifon is an operation that may be per- formed by the mind without adverting to its nature, and that neither 46 HUMAN INVENTIONS CAPABLE BOOK i. neither the brute nor the favage has any confcioufnefs of the CHAP. VI. 1 v ' feveral fteps of the intellectual progrefs. Comparifon immediately leads to imperfect abftraction. The fenfation of to-day is clafled, if fimilar, with the fenfation of yefterday, and an inference is made refpe&ing the condud to be adopted. Without this degree of abftraction the faint dawnings of language already defcribed could never have exifted. Abftra&ion, which was neceffary to the firft exiftence of language, is again affifted in its operations by language. That generalifation, which is implied in the very notion of thought, being thus embodied and rendered palpable, makes the mind acquainted with its own powers and creates a reftlefs defire after farther progrefs. ofbnguage. But, though it be by no means impoffible, to trace the caufes that concurred to the production of language, and to prove them adequate to their effect, it does not the lefs appear that this is an acquifition of flow growth and ineftimable value. The very fteps, were we to purfue them, would appear like an endlefs labyrinth. The diilance is immeafurable between the three or four vague and inarticulate founds uttered by animals, and the copioufnefs of lexicography or the regularity of grammar. The general and fpecial names by which things are at firft compli- cated and afterwards divided, the names by which properties are feparated from their fubftances and powers from both, the comprehenfive diftribution of parts of fpeech, verbs, adjectives and particles, the inflexions of words by which the change of OF PERPETUAL IMPROVEMENT. 47 of their terminations changes their meaning through a variety BOOK I. of fhadings, their concords and their governments, all of them * ► ' prefent us with fuch a boundlefs catalogue of fcience, that he, who on the one hand did not know that the boundlefs tafk had been actually performed, or who on the other was not intimately acquainted with the progreflive nature of mind, would pro- nounce the accomplifhment of them impoflible. A fecond invention, well calculated to imprefs us with a fenfe Second m- 1 nance : al- of the progreflive nature of man, is that of alphabetical writing. Poetical Hieroglyphical or picture writing appears at fome time to have Hierogly- pliics at firft been univerfal, and the difficulty of conceiving the gradation anwerfaL from this to alphabetical is fo great, as to have induced Hartley, one of the moft acute of all philofophical writers, to have re- courfe to miraculous interpofition as the only adequate folution. In reality no problem can be imagined more operofe, than that of decompofing the founds of words into four and twenty Ample elements or letters, and again finding thefe elements in all other words. When we have examined the fubject a little more clofe- ly, and perceived the fteps by which this labour was accom- plished, perhaps the immenfity of the labour will rather gain upon us, as he that fhall have counted a million of units, will . have a vafter idea upon the fubjeft, than he that only confiders them in the grofs. In China hieroglyphical writing has never been fuperfeded by Progreflive 5 alpha- 4« HUMAN INVENTIONS CAPABLE FHM^vi a *P na ketical, an ^ this from the very nature of their language, ^* — * ' which is confiderably monofyllabic, the fame found being made to fignify a great variety of objects, by means of certain fhadings of tone too delicate for any alphabet to be able to reprefent. They have however two kinds of writing, one .for the learned, and another for the vulgar. The learned adhere clofely to their hieroglyphical writing, reprefenting every word by its corre- fponding picture ; but the vulgar are frequent in their deviations from it. Hieroglyphical writing and fpeech may indeed be confidered in the firft inftance as two languages, running parallel to each other, but with no neceffary connection. The picture and the word each of them reprefent the idea, one as immediately as the other. But, though independent, they will become accidentally affociated* the picture at firft imperfectly, and afterwards more conftantly fuggefting the idea of its correfpondent found. It is in this man- ner that the mercantile claffes of China began to corrupt, as it is ftyled, their hieroglyphical writing. They had a word fuppofe ■of two fyllables to write. The character appropriate to that word they were not acquainted with, or it failed to fuggeft itfelf to their memory. Each of the fyllables however was a diftinct word in the language, and the characters belonging to them per- fectly familiar. The expedient that fuggefted itfelf was to write thefe two characters with a mark fignifying their union, though m reality the characters had hitherto been appropriated to ideas S of OF PERPETUAL IMPROVEMENT. 49 of a different fort, wholly unconnected with that now intended ^°K L, to be conveyed. Thus a fort of rebus or chararde was produced. * » ' In other cafes the word, though monofyllabic, was capable of be- ing divided into two founds, and the fame procefs was employed. This is a firft ftep towards alphabetical analyfis. Some word, fuch as the interjection 0! or the particle A is already a found perfectly fimple, and thus furnifhes a firft ftone to the edifice. But, though thefe ideas may perhaps prefent us with a faint view of the manner in which an alphabet was produced, yet the actual production of a complete alphabet is perhaps of all human dif- coveries, that which required the moft perfevering reflection, the luckieft concurrence of circumftances, and the moft patient and gradual progrefs. Let us however fuppofe man to have gained the two firft Application, elements of knowledge, fpeaking and writing ; let us trace him through all his fubfequent improvements, through whatever conftitutes the inequality between Newton and the ploughman, and indeed much more than this, fince the moft ignorant plough- man in civilifed fociety is infinitely different from what he would have been, when ftripped of all the benefits he has derived from literature and the arts. Let us furvey the earth covered with the labours of man, houfes, inclofures, harvefts, manufactures, inftru- ments, machines, together with all the wonders of painting, poetry, eloquence and philofophy. H Such So HUMAN INVENTIONS CAPABLE, &c. £Q?JF £\ Such was man in his original ftate, and fuch is man as we at CHAP. VI. & * * ^ ' prefent behold him. Is it pcflible for us to contemplate what he has already done, without being imprefled with a ftrong pre- fentiment of the improvements he has yet to accomplifh ? There is no fcience that is not capable of additions ; there is no art that may not be carried to a ftill higher perfection. If this be true of all other fciences, why not of morals ? If this be true of all other arts, why not of focial inftitution ? The very con- ception of this as poflible, is in the higheft degree encouraging.. If we can ftill farther demonftrate it to be a part of the natural and regular progrefs of mind, our confidence and our hopes will then be complete. This is the temper with which we ought to engage in the ftudy of political truth. Let us look back, that we may profit by the experience of mankind ; but let us not look back, as if the wifdom of our anceftors was fuch as ta leave no room for future improvement.. CHAP. [ 5i 1 CHAP. VII. OF THE OBJECTION TO THESE PRINCIPLES FROM THE INFLUENCE OF CLIMATE. PARTI. OF MORAL AND PHYSICAL CAUSES. THE QUESTION STATED. — PROVINCES OF SENSATION AND REFLECTION. MORAL CAUSES FREQUENTLY MISTAKEN FOR PHYSICAL. — SUPERIORITY OF THE FORMER EVIDENT FROM THE VARIETIES OF HUMAN CHARACTER. — OPE- RATION OF PHYSICAL CAUSES RARE. — FERTILITY OF REFLECTION. — PHYSICAL CAUSES IN THE FIRST IN- STANCE SUPERIOR, AFTERWARDS MORAL. OBJECTION FROM THE EFFECT OF BREED IN ANIMALS. — CONCLU- SION. THERE are certain propofitions which may be confidered book I indifferently, either as corollaries flowing from the prin- ciples already eftablifhed, or as a fource of new arguments againft the validity of thofe principles. In the firft view they are entitled to a clear and perfpicuous ftatement, and in the fe- cond to a mature examination. For example : Ha The 52 OF MORAL AND ph'a'p 1 vii ^ e cau ^" es which appear to operate upon the human mind ^r — ^—-r J may be divided into two claffes : perceptions, which are ren- The queltion ' dated. dered directly a fubject of reafoning, and regarded by the intel- lect as inducements to action ; and perceptions, which act indi- rectly upon the mind, by rendering the animal frame gay, vi- gorous and elaftic, or on the contrary fluggifh, morbid and inactive. According to the fyftem already eftablifhed, the former of thefe are to be regarded as the whole, the latter being fo comparatively inefficient and fubordinate as to ftand in the eftimate as almoft nothing. To many reafoners however they have by no means appeared of fo trivial importance, and it may not be ufelefs to examine for a moment the ideas they have formed, and the reafons which have induced them to afcribe fb much to the meanefl branch of the human constitution.. Impreffions upon our fenfes may act either as phyfical or moral caufes. Indifpofitlon of the body operates upon the mind, principally in the firft of thefe ways, feeming without any formal deliberation of the underftanding to incline us to diffa- tisfaction and indolence. Corporal punifhment affects us prin- cipally in the latter mode, fmce, though it directly introduces a; painful ftate of the mind, it influences our conduct, only as it is reflected upon by the underftanding, and converted into a motive of action. Provinces of It may be a curious fpeculation to examine how far thefe fenfation and refkaion. 6 claffes PHYSICAL CAUSES. - 53 clafles are diftinct from each other. It cannot be denied but J5PRJL?:. that fenfation is of fome moment in the affair. It poffeffes the * * ' initiative. It is that from which all the intellects with which we are acquainted date their operations. Its firft effect upon mind does in the majority of cafes precede reflection and choice. In fome cafes the imprefCons upon our fenfes are forefeen by us, and may confequently be refifted in the outfet. But it would be a contradiction to affirm that they can always be fore- feen. Forefight is itfelf the offspring of experience. Meanwhile, though they can only in particular inftances be Moral caufe* frequently forefeen, and of confequence completely foreftalled, yet much miilaken for phyficaL of their effect is in all cafes to be afcribed to deliberation and choice. " I feel a painful fenfation, and I perfuade myfelf that it is wifer to fubmit, and thus cherifh and fecond its influence, than to refift. I conceive myfelf unfortunate, oppreffed by a combination of unfavourable accidents, and am rendered by this conception gloomy, difcontented and wretched. I fatisfy my- felf that my fituation is fuch as to render exertion unreafon- able, and believe that the attempt would produce nothing but abortive and fruitlefs torture. I remain liftlefs, fluggiih and inactive." How different would be the fum of my fituation, if I were animated by fentiments of chearfulnefs, induftry and courage ? It has been faid " that a rainy day has been known to convert a man 54 OF MORAL AND BOOK r. man of valour into a coward." How eafily would this external CHAP.vrr. ' ^ « ' difadvantage have been furmounted, if his mind had been more full of the benefits to arife from his valour, if the rainy day had been put in the balance with his wife and children, the moft illuftrious rewards to be bellowed upon himfelf, and freedom and felicity to be fecured to his country ? " Indigeftion," we are told, " perhaps a fit of the tooth-ach, renders a man incapable of ftrong thinking and fpirited exertion." How long would thefe be able to hold out againft a hidden and unexpected piece of intelligence of the moft delightful nature? When operations of an injurious nature are inflicted on the body, and are encountered by the mind with unalterable firm- nefs, what is the degree of pain which in fuch inftances is fuf- fered ? Was the language of Anaxarchus merely a philofophical rant, " Beat on, tyrant ! Thou mayeft deftroy the fhell of Anax- archus, but thou canft not touch Anaxarchus himfelf?" How much pain was really endured by Mutius Scsevola and arch- bifhop Cranmer, when each fteadily held his hand to be devoured by the flames ? How much is endured by the favage Indinns, who fing in the midft of tortures, and farcaftically pro- voke their tormentors to more ingenious barbarity ? The truth that feems to refult from thefe confiderations is, that indifpofition only becomes formidable in proportion as it is feconded by the confent of the mind ; that our communi- cation PHYSICAL CAUSES. S 5 cation with the material univerfe is at the mercy of our choice; „„°.OK I CHAr, VII* and that the inability of the underftanding for intellectual ex- * « ' ertion is principally an affair of moral confideration, exifting only in the degree in which it is deliberately preferred. " The hero of to-day," we are told, " fhall by an indigeftion or Superiorityof. the former a rainy atmofphere be converted into a coward to-morrow." evident from the varieties Waving the confideration of how far this fact where it exifts is in ° f human character. reality of a moral and intellectual nature, let us examine to what degree a principle of this fort is the true index of human actions. We have already eftablifhed it as a fundamental, that there are no innate ideas. Of confequence, if men were prin- cipally governed by external circumftances fuch as that of at- mofphere, their characters and actions would be much alike. The fame weather, that made you a coward, would make me fo too, and an army would be defeated by a fog. Perhaps indeed this cataftrophe would be prevented by the impartiality of the moifture, in proportion as the enemy advanced, which he neceffarily muft do, into the fame atmofphere. Every thing that checks the uniformity of this effect, and permanently diftinguilhes the character of one man from that of another, is to be traced to the affociation of ideas. But affc- ciation is of the nature of reafoning. The principal, the mod numerous and lafting of our affociations, are intellectual, not accidental, built upon the refemblances and differences of things, not 5 G OF MORAL AND CH BOOK I. no t U p n the contingency of their occurring in any given time * * ' or place. It is thus that one man appears courageous and an- other cowardly, one man vigorous and another dull, under the fame or nearly the fame external circumftances. Operation of ln re ality the atmofphere, inftead of confiderably affecting taufes rare. t j ie ma f s f mankind, affects in an eminent degree only a fmall part of that mafs. The majority are either above or below it ; are either too grofs to feel ftrongly thefe minute variations, or too bufy to be at leifure to attend to them. It is only a few, whofe treatment has been tender enough to imbue them with extreme delicacy, and whofe faculties are not roufed by ftrong and unintermitted incitements, who can be thus blindly directed. If it fhould be faid " that the weather indeed is too great a trifle to produce thefe confequences, but that there are pains and in- terruptions which fcarcely any man can withftand ;" it may be anfwered, that thefe occur too feldom to be miftaken for the efficient principles of human character, that the fyftem which determines our proceedings rifes from a different fource, and ordinarily returns when the pain or interruption has fubfided. There can be no queftion more interefting than that which we are now confidering. Upon our decifion in this cafe it depends, whether thofe perfons act wifely who prefcribe to themfelves a certain difcipline and are anxious to enrich their minds with fcience, or whether on the contrary it be better to trull PHYSICAL CAUSES. 57 truft every thing to the mercy of events. Is it pofiible that BOOK r. we fhould not perceive from the very nature of the thing the ' > ' advantages which the wife man poffeffes over the foolifh one, and that the points in which they refemble will be as nothing compared to thofe in which they differ ? In thofe particulars in which our conduct is directed merely by external impreffions we refemble the inferior animals ; we differ from them in the greater facility with which we arrange our fenfations, and com- pare, prefer and judge. Out of a fingle fenfation a great variety of reflections may Fertility of reflection. be generated. Let the thing perceived be a material fubflance of certain regular dimenfions. I perceive that it has an upper and a lower furface, I can therefore conceive of it as divided. I can conceive of the parts into which it is formed as moving towards and from each other, and hence I acquire the ideas of diftance and fpace. I can conceive of them as ftriking againft each other, and hence I derive the notion of impenetrability, gravity and momentum, the flownefs, rapidity and direction of motion. Let the fenfation be a pain in the head. I am led to reflect upon its caufes, its feat, the ftrudture of the parts in which it refides, the inconvenience it impofes, the confequences with which it may be attended, the remedies that may be applied and their effects, whether external or internal, material or intellectual. It is true that the infant and inexperienced mind cannot thus Phyfial 1 r j • . ,*. caufes in the analyie and conjure up differtations of philofophy out of its moft firft inftance I trivial 5 8 OF MORAL AND BOOK I. trivial fenfations. Such a capacity infers a long feries of pre- CHAP.VII. . . ' — > ' ceding imprefiions. Mind is in its infancy nearly what thefe fuperior, af- terwards philofophers defcribe, the creature of contingencies*. But the far- ther it advances, the more it individualifes. Each man has habits and prejudices that are properly his own*. He lives in a little univerfe of his own creating, or he communicates with the om- niprefent and eternal volume of truth.. With thefe he compares the fucceffive perceptions of his mind, and upon thefe depend the conclulions he draws and the conduct he obferves. Hence it in- evitably follows, that phyfical caufes,. though of fome confe- quence in the hiftory of man, fink into nothing, when compared, with the great and inexpreffible operations of reflection. They are the prejudices we conceive or the judgments we form, our apprehenfions of truth and falfhood, that conftitute the true bafis of diftindtion between man and man.. The difference between favage and favage indeed, in the firft generation of the human fpecies and in perfect folitude, can only be afcribed to the dif- ferent impreffions made upon their fenfes., But this difference would be almoft imperceptible.. The ideas of wifdom and folly would never have entered the human mind, if men, like beafls, derived neither good nor evil from the reflections and difcoveries of their companions and anceftors.. Objeftion Hence we are furnifhed with an anfwer to the analogical ar- from the ef- fe& of breed gument from the confiderable effects that phyfical caufes appear in animals. ' to produce upon brutes. " Breed for example appears to be of unqueftionable importance to the character and qualifications of 6 horfes PHYSICAL CAUSES. 59 horfes and dogs ; why mould we not fuppofe this or certain ^°° K *v LfXXrxl . VH» other brute and occult caufes to be equally efficacious in the dfs ' *—/. of men ? How comes it that the races of animals perhaps never degenerate, if carefully cultivated; at the fame time that we have no fecurity againft the wifeft philofopher's begetting a dunce?" I anfwer, that the exiftence of phyfical caufes cannot be con- troverted. In the cafe of man their efficacy is fwallowed up in the fuperior importance of reflection and fcience. In animals on the contrary they are left almoft alone. If a race of negroes were taken, and maintained each man from his infancy, except fo far as was neceffary for the propagation of the fpecies, in fo- litude ; or even if they were excluded from an acquaintance with • the improvements and imaginations of their anceftors, though permitted the fociety of each other, the operation of breed might perhaps be rendered as confpicuous among them, as in the dif- ferent claffes of horfes and dogs. But the ideas they would other- wife receive from their parents and civilifed or half-civilifed neigh- bours would be innumerable : and, if the precautions above men- tioned were unobferved, all parallel between the two cafes would ceafe. Such is the character of man confidered as an individual. He Conclufios* is operated upon by exterior caufes immediately, producing cer- tain effects upon him independently of the exercife of reafon ; and he is operated upon by exterior caufes mediately, their im- preffions furnifhing him with materials for reflection, and af- I 2 fuming 60 OFNATIONAL CHAP.VH ^ umm S tne f° rm °f motives to act or to refrain from acting.. But the latter of thefe, at leaft fo far as relates to man in a civilifed ftate, may (land for the whole. He that would change the character of the individual, would miferably mifapply his ef- forts, if he principally fought to effect this purpofe by the opera- tions of heat and cold, drynefs and moifture upon the animal frame. The true inftruments of moral influence, are defire and averfion, punifhment and reward, the exhibition of general truth, and. the development of thofe punifliments and rewards, which wifdom and error by the very nature of the thing con- stantly bring along with them. PART II. OF NATIONAL CHARACTERS. CHARACTER OF THE PRIESTHOOD. ALL NATIONS CAPABLE OF LIBERTY. — THE ASSERTION ILLUSTRATED. — EXPERI- ENCE FAVOURS THESE REASONINGS. — MEANS OF INTRO- DUCING LIBERTY. AS is the character of the individual, fo may we expect to find it with nations and great bodies of men. The operations of law and political inftitution will be important and interesting, the operations of climate trifling and unworthy of notice. Thus there are particular profeffions, fuch as that of the priefthood, which muft always operate to the production of a particular character. Priefts CHARACTERS. 61 Priefts are upon all occafions accuftomed to have their opinions ^OK I. liftened to with implicit deference : they will therefore be im- j^ » i Character of perious, dogmatical and impatient of oppofition. Their fuccefs [ lie P" 6 "-- with mankind depends upon the opinion of their fuperior inno- cence ; they will therefore be particularly anxious about appear- ances, their deportment will be grave and their manners formal. The frank and ingenuous fallies of mind they will be obliged to fupprefs ; the errors and irregularities into which tlvey may be drawn they will be ftudious to conceal. They are obliged at fef intervals to affume the exterior of an ardent devotion ; but it is impoffible that this fhould at all times be free from occafional coldnefs and diffraction. Their importance is connected with their real orfuppofed mental fuperiority over the reft of mankind ; they muft therefore be patrons of prejudice and implicit faith. Their pro fperity depends upon the reception of particular opinions in the world ; they muft therefore be enemies to freedom of en- quiry ; they muft have a bias upon their minds imprefTed by fomething different from the force of evidence. Particular moral eaufes may in fome inftances limit, perhaps fuperfede the in- fluence of general ones, and render fome men fuperior to the character of their prefeffion ; but, exclufively of fuch exceptions, priefts of all religions, of all climates and of all ages will have a ftriking fimilarity of manners and difpofition. In the fame man- ner we may reft affured that free men in whatever country will be firm, vigorous and fpirited in proportion to their freedom, and that vafTals and flaves will be ignorant, fervile and unprin- cipled. The 6z OF NATIONAL BOOK T. The truth of this axiom has indeed been pretty univerfally CHAP.VII. . . 1 ' admitted: but it has been affirmed to be " impoffible to eftablifh a All nations capable of f ree government in certain warm and effeminate climates." To liberty. ° enable us to judge of the reafonablenefs of this affirmation, let us confider what procefs would be necefTary in order to intro- duce a free government into any country. The anfwer to this queftion is to be found in the anfwer to that other, whether freedom have any real and folid advan- tages over flavery ? If it have, then our mode of proceeding re- flecting it ought to be exactly parallel to that we fhould em- ploy in recommending any other benefit. If I would perfuade a man to accept a great eftate, fuppofing that pofTeffion to be a real advantage ; if I would induce him to felect for his com- panion a beautiful and accomplifhed woman, or for his friend a wife, a brave and difinterefted man ; if I would perfuade him to prefer eafe to pain, and gratification to torture, what more is necefTary, than that I fhould inform his underftanding, and make him fee thefe things in their true and genuine colours ? Should I find it necefTary to enquire firft of what climate he was a native, and whether that were favourable to the pofTeffion of a great eftate, a fine woman, or a generous friend ? The advantages of liberty over flavery are not lefs real, though unfortunately they are lefs palpable, than in the cafes juft enu- merated. Every man has a confufed fenfe of thefe advantages, but he has been taught to believe that men would tear each other to pieces, if they had not priefts to direct their con- fciences, CHARACTERS. 63 fciences, and lords to confult for their fubfiftence, and kings to BOOK i_ ' CHAP.VII. fteer them in fafety through the inexplicable dangers of the po- v « ' litical ocean. But whether they be milled, by thefe or other pre- judices, whatever be the fancied, terror that induces them quietly to fubmit to have their hands bound' behind them, and the fcourge vibrated over their heads, all thefe are queftions of rea- fon. Truth may be prefented to them in fuch irrefiftible evi- dence, perhaps by fuch juft degrees familiarifed to their ap- prehenfion, as ultimately to conquer the moft obftinate pre- poffeffions.. Let the prefs find its way into Perfia or Indoftan, let the political truths difcovered by the beft of the European iages be transfufed into their language, and it is impoffible that a few folitary converts mould not be made; It is the property of truth to fpread ; and, exclusively of great national convul- fions, its advocates in. each fucceeding age will be fomewhat more numerous than in that which went before. The caufes, which fufpend its progrefs, arife, not from climate, but from the watchful and intolerant jealoufy of defpotic Sovereigns. Let us fuppofe then that the majority of a nation by how- The affertioa illullrated. ever flow a progrefs are convinced of the defirablenefs, or, which amounts to the fame, the practicability of freedom. The fup- pofition would be parallel, if we were to imagine ten thoufand: men of found intellect, (hut up in a madhoufe, and fuperintended. by a fet of three or four keepers. Hitherto they have been per- fuaded, for what abfurdity has been too great for human intellect to 64 OF NATIONAL i5R9F.rU to entertain ? that they were deftitute of reafon, and that the ■CHAP.VII. J 1 v ' fuperintendence under which they were placed was neceffary for their prefervation. They have therefore fubmitted to whips and draw and bread and water, and perhaps imagined this ty- ranny to be a blefling. But a fufpicion is at length by fome means propagated among them, that all they have hitherto en- i dured has been an impofition. The fufpicion fpreads, they re- flect, they reafon, the idea is communicated from one to another through the .chinks of their cells, and at certain times when the vigilance of their keepers has not precluded them from the plea- fures of mutual fociety. It becomes the clear perception, the fet- tled perfuafion of the majority of the perfons confined. What will be the confequence of this opinion ? Will the in- fluence of. climate prevent them from ' embracing the obvious means of their happinefs ? Is there any human underftanding that will not perceive a truth like this, when forcibly and re- peatedly prefented? Is there a mind that will conceive no in- dignation at fo horrible a tyranny ? In reality the chains fall off .of themfelves, when the magic of opinion is diflblved. When a great majority of any fociety are perfuaded to fecure any benefit to themfelves, there is no need of tumult or violence to effect it. The effort would be to refill: reafon, not to obey it. The pri- fonei's are collected in their common hall, and the keepers in- form them that it is time to return to their cells. They have no longer the power to obey. They look at the impotence of their CHARACTERS. 6 S their late matters, and finile at their prefumption. They quietly BOOK. I. ' r r i *i / CHAP.VII. leave the manfion where they were hitherto immured, and par- 5 v ' take of the bleffings of light and air like other men. Let us compare this theoiy with the hiftory of mankind. If Experience 1 favours thefe the theory be true, we may expect to find the inhabitants of reaf«nn%s. neighbouring provinces in different Hates, widely difcriminated by the influence of government, and little aflimilafed by refem- blance of climate. Thus the Gafcons are the gayeft people in all France; but the moment we pafs the Pyrenees, we find the ferious and faturnine character of the Spaniard. Tims the Athenians were lively, penetrating and ingenious, but the Thebans unpolifhed, phlegmatic and dull. — It would be reafon- able to expect that different races of men, intermixed with each other, but differently governed, would afford a flrong and vifible contraft. Thus the Turks are brave, open and fincere, but the modern Greeks mean, cowardly and deceitful. — Wandering tribes clofely connected among themfelves, and having little fympathy with the people with whom they refide, may be expected to have great fimilarity of manners. Their fituation renders them con- fpicuous, the faults of individuals reflect difhonour upon the whole, and their manners will be particularly fober and reputable, unlefs they fhould happen to labour under fo peculiar an odium as to render all endeavour after reputation fruitleis. Thus the Armeni- ans in the Eaft are as univerfally diflinguifhed among the nations with whom they refide, as the Jews in Europe ; but the Arme- K nians 66 OF NATIONAL BOOK I. n } a ns are as much noted for probity, as the Tews for extortion.— CHAP. VII. r J J J v ' What refemblance is there between the ancient and the modern Greeks, between the old Romans and the prefent inhabitants of Italy, between the Gauls and the French ? Diodorus Siculus de- fcribes the Gauls as particularly given to taciturnity, and Ariftotle affirms that they are the only warlike nation who are negligent of women. If on the contrary climate were principally concerned in form- ing the characters of nations, we might expect to find heat and cold producing an extraordinary effect upon men, as they do upon plants and inferior animals. But the reverfe of this ap- pears to be the fact. Is it fuppofed that the neighbourhood of the fun renders men gay, fantaftic and ingenious ? While the French, the Greeks and the Perfians have been remarkable for their gaiety, the Spaniards, the Turks and the Chinefe are not lefs diftinguifhed by the ferioufnefs of their deportment. It was the opinion of the ancients that the northern nations were in- capable of civilifation and improvement ; but the moderns have found that the Englifh are not inferior in literary eminence to any nation in the world. Is it afferted, that the northern na- tions are more hardy and courageous, and that conqueft has' ufually travelled from that to the oppofite quarter ? It would have been truer to fay that conqueft is ufually made by poverty upon plenty. The Turks, who from the deferts of Tartary in- vaded the fertile provinces of the Roman empire, met the Sara- cens. CHARACTERS. 67 oens half way, who were advancing with fimilar views from the «?P A D K „!v no lefs dreary deferts of Arabia. In their extreme perhaps heat ' « ' and cold may determine the characters of nations, of the negroes for example on one fide and the Laplanders on the other. Not but that in this very inftance much may be afcribed to the wretchednefs of a fterile climate on the one hand, and to the in- dolence confequent upon a fpontaneous fertility on the other. As to what is more than this, the remedy has not yet been dis- covered. Phyfical caufes have already appeared to be powerful, till moral ones can be brought into operation. Has it been alledged that carnivorous nations are endowed with the greateft courage ? The Swedes, whofe nutriment is meagre and fparing, have ranked with the mod diftinguifhed modern nations in the operations of war. It is ufually faid, that northern .nations are moft addi&ed to wine, and fouthern to women. Admitting this obfervation in its full force, it would only prove that climate may operate upon the grofler particles of our frame, not that it influences thofe finer organs upon which the operations of intellect depend. But the truth of the firfl of thefe remarks may well be doubted. The Greeks appear to have been fufficiently addicted to the pleafures of the bottle. Among the Perfians no character was more co- veted than that of a hard drinker. It is eafy to obtain any thing K 2 of 68 OF NATIONAL ^ 00KI rr °^ tne negroes, even their wives and children, in exchange for J * ' liquor. As to women the circumftance may be accounted for from moral caufes. The heat of the climate obliges both fexes to go half naked. The animal arrives fooner at maturity in hot coun- tries. And both thefe circumftances produce vigilance and jea- loufy, caufes which inevitably tend to inflame the paflions *. Means of b- The refult of thefe reafonings is of the utmoft importance to troducing liberty. him who fpeculates upon principles of government. It is of little confequence what difcoveries may be made in moral and political fcience, if, when we have afcertained moft accurately what are the intellectual requifites that lead to wifdom and virtue, a blind and capricious principle is to intrude itfelf, and taint all our con- clufions. Accordingly there have been writers on the fubjec~t of government, who, admitting, and even occafionally declaiming with enthuhafm upon the advantages of liberty and the equal claims of mankind to every focial benefit, have yet concluded that the corruptions of defpotifm and the ufurpations of arifto- • cracy were congenial to certain ages and divifions of the world, and under proper limitations entitled to our approbation. * The majority of inftances in the three preceding pages are taken from Hume's Effay on National Characters, where this fubjecl is treated with much ability. Effay s, Vol. I, Pait I, Effay xxi. But CHARACTERS. 69 But this hypothecs will be found incapable, of holding out BOOK I. againft a moment's ferious reflection. Can there be any ftate of mankind that renders them incapable of the exercife of reafon ? Can there be a period in which it is neccffary to hold the human fpecies in a condition of pupillage ? If there be, it feems but reafonable that their fuperintendents and guardians, as in the cafe of infants of another fort, mould provide for the means of their fubfiftence without calling upon them for the exertions of manual induflry. Wherever men are competent to look the firft duties of humanity in the face, and to provide for their defence againft the invafions of hunger and the inclemencies of the iky, there they will out of all doubt be found equally capable of every other exertion that may be neceffary to their fecurity and welfare. Prefent to them a conftitution which fhall put them into a fimple and intelligible method of directing their own affairs, adjudg- ing their contefts among themfelves, and cherifhing in their bofoms a manly fenfe of dignity, equality and independence, and you need not doubt that profperity and virtue will be the refult. The real enemies of liberty in any country are not the peo- ple, but thofe higher orders who profit by a contrary fyftem. Infufe juft views of fociety into a certain number of the liberally educated and reflecting members ; give to the people guides and inftru&ors ; and the bufinefs is done. This however is not to be accomplifhed but in a gradual manner, as will more fully 4 appear ;o OF NATIONAL CHARACTERS. chapVit a PP ear m ^ e Sequel. The error lies, not in tolerating the worft forms of government for a time, but in fuppofing a change im- practicable, and not inceuantly looking forward to its accom- plifhment. CHAP. [ 7i 3 CHAP. VIIL OF THE OBJECTION TO THESE PRINCIPLES FROM THE INFLUENCE OF LUXURY. THE OBJECTION STATED. — SOURCE OF THIS OBJECTION. — REFUTED FROM MUTABILITY FROM MORTALITY FROM SYMPATHY — FROM THE NATURE OF TRUTH. — THE PRO- BABILITY OF PERSEVERANCE CONSIDERED. T HERE is another proportion relative to the fubject, BOOK I. which is lefs to be confidered as an afTertion diftinft in > J _ J The objeo itfelf, than as a particular branch of that which has juft been tion ftatcd. difcuffed ; I mean the propofition which affirms, " that nations like individuals are fubject to the phenomena of youth and old age, and that, when a people by luxury and depravation of manners have funk into decrepitude, it is not in the power of legiflation to reflore them to vigour and innocence." This idea has partly been founded upon the romantic notions Source of thi't objection. of paftoral life and the golden age. Innocence is not virtue. Virtue demands the active employment of an ardent mind in the promotion of the general good. No man can be eminently virtuous, who is not accuftomed to an extenfive range of reflec- tion. He muft fee all the benefits to arife from a difinterefted proceed- 7 2 OF THE INFLUENCE BOOK I. proceeding, and muft underftand the proper method of producing 1 * ' thofe benefits. Ignorance, the flothful habits and limited views of uncultivated life have not in them more of true virtue, though they may be more harmlefs, than luxury, vanity and extrava- gance. Individuals of exquifite feeling, whole difguft has been excited by the hardened felfifhnefs or the unblufhing corruption which have prevailed in their own times, have recurred in imagination to the forefts of Norway or the bleak and uncom- fortable Highlands of Scotland in fearch of a purer race of man- kind. This imagination has been the offspring of difappoint- s ment, not the di&ate of reafon and philofophy. It may be true, that ignorance is nearer than prejudice to the reception of wifdom, and that the abfence of virtue is a con- dition more hopeful than the prefence of its oppolite. In this cafe it would have been jufter to compare a nation funk in luxury, to an individual with confirmed habits of wrong, than to an individual whom a debilitated conftitution was bringing fall to the grave. But neither would that comparifon have been fair and equitable. Refuted from The condition of nations is more fluctuating, and will be mutability : found lefs obftinate in its refiftance to a confiftent endeavour for their improvement, than that of individuals. In nations fome of their members will be lefs confirmed in error than others. A certain number will be only in a very fmall degree indifpofed to OF LUXURY. 73 to liften to the voice of truth. This number will perpetually BOOK I. r t ■> CHAP.V1XI. increafe. Every new convert will be the means of converting ' * ' others. In proportion as the body of difciples is augmented, the modes of attack upon the prejudices of others will be varied, and fuited to the variety of men's tempers and prepoffeffions. Add to this that generations of men are perpetually going off fn>m morta- lity ! the ftage, while other generations fucceed. The next gene- ration will not have fo many prejudices to fubdue. Suppofe a defpotic nation by fome revolution in its affairs to become pof- feffed of a free conftitution. The children of the prefent race will be bred in more firm and independent habits of thinking ; the fupplenefs, the timidity and the vicious dexterity of their fathers will give place to an erect mien, and a clear and decifive judgment. The partial and imperfect change of character which was introduced at firft, will in the fucceeding age become more unalloyed and complete. Laftly, the power of focial inftitutions changing the character f rom {ym pl _ of nations is very different from and infinitely greater than any l r ' power which can ordinarily be brought to bear upon a folitary individual. Large bodies of men, when once they have been en- lightened and perfuaded, act with more vigour than folitary in- dividuals. They animate the mutual exertions of each other, and the united forces of example and fhame urge them to per- feverance. The cafe is not of that cuftomary fort where the L power CH 74 OF THE INFLUENCE 200K I. power of reafon only is tried in curing any perfon of his errors j but is as if he fhould be placed in an entirely new fituatiom His habits are broken through, and his motives of action changed. Inftead of being perpetually recalled to vicious prac- tices by the recurrence of his former connections, the whole fociety receives an impulfe from the fame caufe that acts upon any individual. New ideas are fuggefted, and the furprife of novelty confpires with the approbation of truth to prevent men from falling back into imbecility and languor. from the na- ture of truth. The queftion may in reality be reduced to an enquiry, whe- ther the human underftanding can be made the recipient of truth, whether it be pofhble for an effort fo ftrenuous to exift as to make men aware of their true interefts. For let this be granted, and the confequence is inevitable. It has already fuf- ficiently appeared, that whatever is politically right or politically wrong, muft be in all cafes of no trivial confequence to the wel- fare of mankind. Monarchy for example will by all men be acknowledged to be attended with many difadvantages. It acts upon infufficient and partial information, it generates intrigue, corruption, adulation and fervility. If it could be proved, that it produced no advantages in equal proportion, and that its abolition would not lead to mifchief, anarchy and diforder is there a nation upon the face of the earth to whom thefe propofi- tions were rendered palpable, that would endure to fubmit to it ? Is there a nation upon the face of the earth, that would fubmit 7 to OFLUXURY. 75 to the impofitlons of its adminiftration, the wars it occafions, BOOK I. r ' ' CHAl'.VIir. and the lavifh revenues by which it is maintained, if they knew * * ' it to be merely an excrefcence and a difeafe in the order of fociety ? But it has been farther alledged, that, even mould a luxurious The proba- bility of per- nation be prompted by intolerable grievances and notorious ftverance conQdered. ufurpation to aflert the juft principles of human fociety, they would be unable to perpetuate them, and would foon be led back by their evil habits to their former vices and corruption : that is, they would be capable of the heroic energy that mould expel the ufurper, but not of the moderate refolution that mould prevent his return. They would roufe themfelves fo far from their lethargy as to aflume a new character and enter into dif- ferent views ; but, after having for fome time acted upon their convictions, they would fuddenly become incapable of under- ftanding the truth of their principles and feeling their influence. Men always act upon their apprehenfions of preferablenefs. There are few errors of which they are guilty, which may not be refolved into a narrow and inadequate view of the alternative prefented for their choice. Prefeut pleafure may appear more certain and eligible than diftant good. But they never choofe evil as apprehended to be evil. Wherever a clear and unanfwerable notion of any fubject is prefented to their view, a correfpondent action or courfe of actions inevitably follows. Having thus gained L 2 one 7 6 OF THE INFLUENCE OF LUXURY. BOOK I. one ftep in the acquifition of truth, it cannot eafily be conceived chap. vin. r n / ' ""— "* of as loft. A body of men, having detected the injurious con- fequencesof an evil under which they have long laboured, and having fhaken it off, will fcarcely voluntarily reftore the mifchief they have annihilated. Nothing can reconcile them to the re- vival of falfhood, which does not obliterate their prefent coa- vi&ion of truth. AN ;/ A N ENQUIRY CONCERNING POLITICAL JUSTICE. BOOK II. PRINCIPLES OF SOC1ETT. CHAP. I. INTRODUCTION. NATURE OF THE ENQUIRY — MODE OF PURSUING IT. — DIS- TINCTION BETWEEN SOCIETY AND GOVERNMENT. MR. Locke begins his celebrated Treatife of Government BOOK II. CHAP. I with a refutation of the patriarchal fcheme of fir Robert v . v ' '■> Filmer ; and, having thus cleared his ground, proceeds to obferve, enquiry. that " he, that will not give juft occafion to think that all go- vernment in the world is the product only of force and violence, and that men live together by no other rules but that of beafts, muft >^ PRINCIPLES cH^p 1 !' mu ^ °^ necem ^ v fi n d out another rife of government, and * * ' another original of political power *." Accordingly he proceeds through the greater part of his treatife to reafon abftractedly upon the probable hiftory of the early ages of mankind, and concludes that no legitimate government could be built upon any other foundation than that of an original contract. It is to be fufpected that this great man, friend as he was to the liberty and the interefts of mankind, intrepid and fagacious in his fearch after truth, has been guilty of an overfight in the firft ftep of the inveftigation. Mode of pur- There are two modes, according to which we may enquire into the origin of fociety and government. We may either "examine them hiftorically, that is, confider in what manner they have or ought to have begun, as Mr. Locke has done ; or we may examine them philofophically, that is, confider the moral principles upon which they depend. The firft of thefe fubjects is not without its ufe ; but the fecond is of a higher order and more efiential importance. The firft is a queftion of form ; the fecond of fubftance. It would be of trivial confequence practi- cally confidered, from what fource any form of fociety flowed, and by what, mode its principles were fanctioned, could we be always fecure of their conformity to the dictates of truth and juftice. * Bock II. Chap. i. § i. It OF SOCIETY. 79 It is farther necefTary before we enter upon the fubjecT: care- BOOK II. CHAP. i. fully to diftinguifh between fociety and government. Men af- v - fociated at firft for the fake of mutual afliftance. They did not forefee that any reftraint would be neceflary, to regulate the con- duel: of individual members of the fociety, towards each other, or towards the whole. The neceffity of reftraint grew out of the errors and perverfenefs of a few. An acute writer has expreffed this idea with peculiar felicity. " Society and government," fays he, " are different in themfelves, and have different origins. Society is produced by our wants, and government by our wick- ednefs. Society is in every ftate a bleffing ; government even in its beft ftate but a neceflary evil *. * Common Senfe, p. i. GHAP. [ So ] CHAP. II. OF JUSTICE. CONNECTION OF POLITICS AND MORALS. — EXTENT AND MEANING OF JUSTICE. SUBJECT OF JUSTICE: MAN- KIND. ITS DISTRIBUTION MEASURED BY THE CAPACITY OF ITS SUBJECT BY HIS USEFULNESS. — FAMILY AFFEC- TION CONSIDERED.- — GRATITUDE CONSIDERED. — OBJEC- TIONS : FROM IGNORANCE — FROM UTILITY. AN EX- CEPTION STATED. DEGREES OF JUSTICE. APPLICA- TION. — IDEA OF POLITICAL JUSTICE. BOOK II. | ^ ROM what has been faid it appears, that the fubjec~t of 1 ><- — ' -*~ the prefent enquiry is ftrictly fpeaking a department of of politics and t ] ie f c i ence D f morals. Morality is the fource from which its fundamental axioms muft be drawn, and they will be made fomewhat clearer in the prefent inftance, if we aflume the term juftice as a general appellation for all moral duty. morals. Extent and meaning of juftice. That this appellation is fufficiently expreflive of the fubject will appear, if we confider for a moment mercy, gratitude, tem- perance, or any of thofe duties which in loofer fpeaking are con- tradiftinguifhed from juftice. Why mould I pardon this criminal, 2 > remunerate OF JUSTICE. Si remunerate this favour, abftain from this indulgence ? If it -S9PJF H" partake of the nature of morality, it muft be either right or v ~ ( ""' wrong, jufl or unjuft. It muft tend to the benefit of the in- dividual, either without intrenching upon, or with actual advan- tage to the mafs of individuals. Either way it benefits the whole, becaufe individuals are parts of the whole. Therefore to do it is juft, and to forbear it is unjuft. If juftice have any meaning, it is juft that I fhould contribute every thing in my power to the benefit of the whole. Confiderable light will probably be thrown upon our invefti* Subjeft of ° juftice : man- gation, if, quitting for the prefent the political view, we examine k;nd » juftice merely as it exifts among individuals. Juftice is a rule of conduct originating in the connection of one percipient being with another. A comprehensive maxim which has been laid down upon the fubject is, " that we fhould love our neighbour as ourfelves." But this maxim, though pofTefting confiderable merit as a popular principle, is not modelled with the ftri&nefs of philofophical accuracy. In a Ioofe and general view I and my neighbour are both of Its diftHbu- tion mea- us men ; and of confequence entitled to equal attention. But in fared by the capacity of reality it is probable that one of us is a being of more worth its fabjea : and importance than the other. A man is of more worth than a beaft ; becaufe, being pofTelTed of higher faculties, he is capable of a more refined and genuine happinefs. In the fame manner M the 82 OF JUSTICE. BOOK II. the illuftjious archbifhop of Cambray was of more worth thary CHAP. II. r J * v ' his chambermaid, and there are few of us that would hefitater to pronounce, if his palace were in flames, and the life of only one of them could be preferved, which of the two ought to bo preferred. by_his ufeful- But there is another ground of preference, befide the private confideration of one of them being farther removed from the ftate of a mere animal. We are not connected with one or two percipient beings, but with a fociety, a nation, and in fome fenfe with the whole family of mankind. Of confequence that life ought to be preferred which will be moft conducive to the? general good. In faving the life of Fenelon, fuppofe at the mo- ment when he was conceiving the project of his immortal Te- lemachus, I fhould be promoting the benefit of thoufands, who have been cured by the perufal of it of fome error, vice and con- fequent unhappinefs. Nay,, my benefit would extend farther, than this, for every individual thus cured has become a better member of fociety, and has contributed in his turn to the hap~ pinefs, the information and improvement of others. Suppofing I had been myfelf the chambermaid, I ought to. have chofen to die, rather than that Fenelon fhould have died.. The life of Fenelon was really preferable to that of the chamber- maid. But underftanding is the faculty that perceives the truth of this and fimilar propofitions j and juftice is the principle that I regulates OF JUSTICE. 83 regulates my conduct accordingly. It would have been iufl in BOOK IT. b ' ° ' J CHAP. II. the chambermaid to have preferred the archbifhop to herfelf. ' * ' To have done otherwife would have been a breach of juflice. Suppofing the chambermaid had been my wife, my mother Family auc- tion conil- Or my benefactor. This would not alter the truth of the pro- dered. pofition. The life of Fenelon would (till be more valuable than that of the chambermaid ; and juflice, pure, unadulterated juflice, would flill have preferred that which was moft valuable. Juflice would have taught me to fave the Fife of Fenelon at the expence of the other. What magic is there in the pronoun " my," to overturn the decifions of everlafling truth ? My wife or my mother may be a fool or a proflitute, malicious, lying or difhonefl. If they be, of what confequence is it that they are mine ? ■ " But my mother endured for me the pains of child bearing, Gratitude coniidercd. and nourished me in the helpleffnefs of infancy." When fhe firfl fubjected herfelf to the necefhty of thefe cares, ihe was probably influenced by no particular motives of benevolence to her future offspring. Every voluntary benefit however entitles the beflower to fome kindnefs and retribution. But why fo ? Becaufe a voluntary benefit is an evidence of benevolent intention, that is, of virtue. It is the difpofition of the mind, not the external action, that entitles to refpect. But the merit of this difpofition is equal, whether the benefit was conferred upon me or upon another. I and another man cannot both be right in preferring M 2 our 84 OF JUSTICE. o2^p tt' our own individual benefactor, for no man can be at the fame ^—^-v-^—^ time both better and worfe than his neighbour. My benefactor ought to be efteemed, not becaufe he beftowed a benefit upon, me, but becaufe he beftowed it upon a human being.. His de- £ert will, be in exact proportion to the degree, in which that human being was worthy of the diftinction conferred. Thus every view of the fubject brings us back to the confideration of my neighbour's moral worth and his importance to the general weal, as the only ftandard to determine the treatment to which he is entitled. Gratitude therefore, a principle which has fo often been the theme of the moralift and the poet, is no part either of juftice or virtue. By gratitude I underftand a fentiment, which would lead me to prefer one man to another, from fame other con- fideration than that of his fuperior ufefulnefs or worth : . that is K , which would make fomething true to me (for example this pre-- ferablenefs) 4 which cannot be true to another man, and is not; true in.itfelf *.. @bj«aionss ; It may be objected, "that my relation, my companion, or my, benefactor will of courfe in many inftances obtain an uncommon: from lgno-. portion of my. regard : for, not being univerfally capable of dis- criminating the comparative worth of different men, I fhall in- evitably judge moft favourably of him,, of whofe virtues Ihave received the moft unquestionable, proofs j and thus fhall be com-~ ^-This argument refpe&ing gratitude is ftated with great clearnefs in an Efiay on the Nature of True Virtue, by the Rev. Jonathan Edwards, j 2mo. Billy. 6 pelled, ranee Q¥ JUSTICE. 8s celled to prefer the man of moral worth whom I know, to BOOKii. another who may poffefs, unknown to me, an. eflential fupe- * • ' iiority." This compulfion however is founded only in the prefent im- perfection of human nature. It may ferve as an apology for my error, but can never turn error into truth. It will always remain contrary to the ftrict and inflexible decifions of juftice. The difficulty of conceiving this is owing merely to our con- founding the difpofition from which an action is chofen, with the a&ion itfelf. The difpofition, that would prefer virtue to vice and a greater degree of virtue to a lefs, is undoubtedly a fubjed: of approbation ; the erroneous exercife of this difpofition by which a wrong object is felected, if unavoidable, is to be de- plored, but can by no colouring and under no denomination be converted into right*. It may in the fecond- place be objected, " that a mutual from utility* commerce of benefits tends to increafe the mafs of benevolent action, and that to increafe the mafs of benevolent action is to contribute to the general good." Indeed ! Is the general good promoted by falfhood, by treating a man of one degree of worth, as if he had ten times that worth ? or as if he were in any de- gree different from what he really is ? Would not the moft beneficial confequences refult from a different plan ; from my * See this fubjecr. more copioufly treated in the following chapter. conftantly §6 OF JUSTICE. chap n' con ^ an ^7 an d carefully enquiring into the deferts of all thofc 1 * — '* with whom I am connected, and from their being fure, after a certain allowance for the fallibility of human judgment, of being treated by me exactly as they deferved ? Who can tell what would be the effects of -fuch a plan of conduct univerfally adopted ? i An exception There feems to be more truth in the argument, derived chiefly from the unequal diftribution of property, in favour of my pro- viding in ordinary cafes for my wife and children, my brothers and relations, before I provide for ftrangers. As long as pro- viding for individuals belongs to individuals, it feems as if there mufl be a certain diftribution of the clafs needing fuperintendence and fupply among the clafs affording it, that each man may have his claim and refource. But this argument, if admitted at all, is to be admitted with great caution. It belongs only to or- dinary cafes ; and cafes of a higher order or a more urgent neceflity will perpetually occur, in competition with which thefe will be altogether impotent. We rauft be feverely fcrupulous in meafuring out the quantity of fupply; and, with refpect to money in particular, mufl remember how little is yet underftood of the true mode of employing it for the public benefit. Degrees of Having confidered the perfons with whom juftice is COnver- fant, let us next enquire into the degree in which we are obliged to confult the good of others. And here I fay, that it is juft that O F J U S T I C E. 87 that I fhould do all the good in my power. Does any perfon ^ 00K IL in diflrefs apply to me for relief? It is my duty to grant it, and I commit a breach of duty in refufing. If this principle be not of univerfal application, it is becaufe, in conferring a benefit upon an individual, I may in fome inflanees inflict, an injury of fuperior magnitude upon myfelf or fociety. Now the fame juftice, that binds me to any individual of my fellow men, binds me to the whole. If, while I confer a benefit upon one man, k appear, in flaking an equitable balance,, that I am injuring the whole, my action ceafes to be right and becomes abfolutely wrong. But how much am I bound to do for the general weal, that is, for the benefit of the individuals of whom the whole is compofed ? Every thing in my powej. What to the neglect of the means of my own exiflence ? No ; for I am myfelf a part of the whole. Befide, it will rarely happen but that the pro- ject of doing for others every thing in my power, will demand for its execution the prefervation of my own exiflence ; or in other words, it will rarely happen but that I can do more good in twenty years than in one. If the extraordinary cafe fhould occur in which I can promote the general good by my death, more than by my life, juflice requires that I fhould be content to die. In all other cafes, it is jufl that I fhould be careful to maintain my body and my mind in the utmofl vigour, and in the befl condition for fervice *. Vide Appendix to thia- chapter, No, I. I will $8 OF JUSTICE. phap n ^ w *^ ^" u PP°^ e f° r example that it is right for one man to * ' poflefs a greater portion of property than another, either as the fruit of his induftry, or the inheritance of his anceftors. Juftice obliges him to regard this property as a truft, and calls upon him maturely to confider in what manner it may beft be em- ployed for the increafe of liberty, knowledge and virtue. He has no right to difpofe of a milling of it at the will of his caprice. So far from being entitled to well earned applaufe for having employed fome fcanty pittance in the fervice of philanthropy, he is in the eye of juftice a delinquent if he withhold any portion from that fervice. Nothing can be more incontrovertible. Could that portion have been better or more worthily employed ? That it could is implied in the very terms of the propofition. Then it was juft it fhould have been fo employed. — In the fame manner as my property, I hold my perfon as a truft in behalf of man- kind. I am bound to employ my talents, my understanding, my ftrength and my time for the production of the great eft quantity of general good. Such are the declarations of juftice, fo great is the extent of my duty. But juftice is reciprocal. If it be juft that I fhould confer a benefit, it is juft that another man fhould receive it, and, if I • withhold from him that to which he is entitled, he may juftly complain. My neighbour is in want of ten pounds that I can fpare. There is no law of political inftitution that has been made to reach this cafe, and to transfer this property from me to him. But OFJUSTICE. 89 But in the eye of fimple juftice, unlefs it can be fhewn that the B r 00K Ir - money can be more beneficently employed, his claim is as com- * « ' plete, as if he had my bond in his poffeffion, or had fupplied me with goods to the amount *. To this it has fometimes been anfwered, " that there is more than one perfon, that flands in need of the money I have to fpare, and of conlequence I muft be at liberty to bellow it as I pleafe." I anfwer, if only one perfon offer himfelf to my know- ledge or fearch, to me there is but one. Thofe others that I cannot find belong to other rich men to affift (rich men, I fay, for every man is rich, who has more money than his juft occafions de- mand), and not to me. If more than one perfon offer, I am obliged to balance their fitnefs, and conduct myfelf accordingly. It is fcarcely poffible to happen that two men lhall be of exactly equal fitnefs, or that I lhall be equally certain of the fitnefs of the one as of the other. It is therefore impoffible for me to confer upon any man a favour, I can only do him a right. Whatever deviates from the law of juftice, even I will fuppofe in the too much done in favour of feme individual or fome part of the general whole, is fo much fubtracled from the general ftock, is fo much of abfolute injuftice. * A fpirited outline of thefe principles is fketched in Swift's Sermon on Mutual Subjection. N- The 9 o BOOK II. CHAP. II. Application. OF JUSTICE. The inference moil clearly afforded by the preceding reafon- ings, is the competence of juftice as a principle of deduction in all cafes of moral enquiry. The reafonings themfelves are rather of the nature of illuftration and example, and any error that may be imputed to them in particulars, will not invalidate the general conclufion, the propriety of applying moral juftice as a criterion in the investigation of political truth. Idea of poli- tical juftice. Society is nothing more than an aggregation of individuals. Its claims and its duties muft be the aggregate of their claims and duties, the one no more precarious and arbitrary than, the other. What has the fociety a right to require from me ? The queftion is already anfwered : every thing that it is my duty to do. Any thing more ? Certainly not. Can they change eternal truth, or fubvert the nature of men and their actions ? Can they make it my duty to commit intemperance, to maltreat or affaffinate my neighbour ? — Again. What is it that the fociety is bound to do for its members ? Every thing that can contri- bute to their welfare. But the nature of their welfare is defined by the nature of mind. That will moft contribute to it, which enlarges the underftanding, fupplies incitements to virtue, fills us with a generous confcioufnefs of our independence, and carefully removes whatever can impede our exertions. Should it be affirmed, " that it is not in the power of any po- litical fyftem to fecure to us thefe advantages," the conclufion I am OF JUSTICE. 91 am drawing will ftlll be incontrovertible. It Is bound to contribute 5295 II' every thing it is able to tbefe purpofes, and no man was ever * v * yet found hardy enough to affirm that it could do nothing. Suppofe its influence in the utmoft degree limited, there muft be one method approaching nearer than any other to the defired object, and that method ought to be univerfally adopted. There is one thing that political inftitutions can afluredly do, they can avoid pofitively counteracting the true interefts of their fubjects. But all capricious rules and arbitrary diftinctions do pofitively counteract them. There is fcarcely any modification of fociety but has in it fome degree of moral tendency. So far as it pro- duces neither mifchief nor benefit, it is good for nothing. So far as it tends to the improvement of the community, it ought to be univerfally adopted. N 2 APPENDIX, 9 2 OF SUICIDE. APPENDIX, No. I. p. 87. OF SUICIDE. MOTIVES OF SUICIDE: I. ESCAPE FROM PAIN. — 2. BENEVO- LENCE. — MARTYRDOM CONSIDERED. BOOK II. f"T*^HIS reafonine; will explain to us the lone; difputed cafe CHAP. II. f 1 or v v ' -*- of fuicide. " Have I a right under any circumftances- Appendix.. Motives of to deftroy myfelf in order to efcape from pain or difgrace ?"' i.Efcape Probably not. It is perhaps impofiible to imagine a fituation, from pain, _ that fhall exclude the poffibility of future life, vigour and uieful- nefs. The motive affigned for efcape is eminently trivial, to avoid pain, which is a fmall inconvenience ; or difgrace, which is an imaginary evil. The example of fortitude in enduring tnemj. if there were no other confideration, would probably afford a better motive for continuing to live. a. Benevo- « j s there then no cafe in which fuicide is a virtue ?" "What mail knee. we think of the reafoning of Lyeurgus, who, when he deter- mined upon a voluntary death, remarked, " that all the faculties a rational being poffefled were capable of a moral ufe, and that, after having fpent his life in the fervice of his country, a man ought, if pofiible, to render his death a fource of additional benefit ?" This was the motive of the fuicide of CodruSj Leonidas. and Decius. If the fame motive prevailed in the much admired 7 fuicido O F S U I C I D E. 9i fuicide of Cato, if he were inftigated by reafons purely benevo- ®OOK \\' lent, it is impoffible not to applaud his intention, even if he v ~ — * ' ' r l *■ A-rtxDix. were miftaken in the application. The difficulty is to decide in any inflance whether the re- courfe to a voluntary death can overbalance the ufefulnefs I may exert in twenty or thirty years of additional life. But furely it would be precipitate to decide that there is no fuch inftance. There is a proverb which affirms, " that the blood of the martyrs is the feed of the church," It is commonly fuppofed that Junius Brutus did right in putting his fons to death in the firft year of the Roman republic, and that this action contributed more than any other caufe, to generate that energy and virtue for which his country was afterwards fo eminently diflinguiihed. The death of Cato produced an effect fomewhat fnnilar to this. It was dwelt on with admiration by all the lovers of virtue under the fuhfequent tyrants of Rome. It feemed to be the. lamp from which they caught the facred flame. Who can tell how much it has contributed to revive that flame in after ages, when it feemed to have been fo long extinct ? Let it be obferved that all martyrs [wap'i^-.-] arc filicides by the Mirtyrdom CB-iiidertd very iignification of the term. They die for a teftimony [/Axplupic ] ; that is, they have a motive for dying. But motives iviycJc only our own voluntary acts, not the violence put upon us by another. APPENDIX* 94 OF DUELLING. APPENDIX, No. II. OF DUELLING. MOTIVES OF DUELLING: I. REVENGE.— 2. REPUTATION FOR COURAGE. — FALLACY OF THIS MOTIVE. — OBJECTION AN- SWERED. — ILLUSTRATION. phap^tt' T^ ma y ^ e P ro P er m this pl ac e to bellow a moment's confi- **; — » ' •*■ deration upon the trite, but very important cafe of duelling. Appendix. * \ / * ° Motives of a very fhort re fledion will fuffice to fet it in its true light. duelling. J " i. Revenge. This deteftable practice was originally invented by barbarians for the gratification of revenge. It was probably at that time thought a very happy project for reconciling the odioufnefs of malignity with the gallantry of courage. 2. Reputation j$ ut m jjjjg light it is now generally given up. Men of the lor courage. ° ° * ° x beft underftanding who lend it their fanction, are unwillingly induced to do fo, and engage in fingle combat merely that their reputation may fuftain no flander. Fallacy of Which of thefe two actions is the truefl teft of courage : the this motive. engaging in a practice which our judgment difapproves, becaufe we cannot fubmit to the confequences of following that judg- ment j or the doing what we believe to be right, and chearfully encoun- OF DUELLING. 05 encountering all the confequences that may be annexed to the J?5?p {{' practice of virtue ? With what patience can a man of virtue \ — . ' r Appendix. think of cutting off the life of a fellow mortal, or of putting an abrupt clofe to all the generous projects he may himfelf conceive for the benefit of others, merely becaufe he has not firmnef* enough to awe impertinence and falfhood into filence ? " But the refufing a duel is an ambiguous action. Cowards Objedlon. may pretend principle to fhelter themfelves from a danger they dare not meet." This is partly true and partly falfe. There are few actions Aafwewd. indeed that are not ambiguous, or that with the fame general outline may not proceed from different motives. But the man- ner of doing them will fufhciently fhew the principle from which they fpring. He, that would break through an univerfally received cuftom EWfratioa. becaufe he believes it to be wrong, muft no doubt arm himfelf with fortitude. The point in which we chiefly fail, is in not accurately understanding our own intentions, and taking care beforehand to free ourfelves from any alloy of weaknefs and error. He, who comes forward with no other idea in his mind but that of rectitude, and who exprelfes, with the fimplicity and firmnefs which full conviction never fails to infpire, the views with which he is imprelled, is in no danger of being miftaken for a 3 • coward. 96 OFDUELLING. phap tt" C0Warc ^* ^ ^ e hefitate, it is becaufe he has not an idea perfectly v r — » ' clear of the fentiment he intends to convey. If he be in any Appendix. * j degree embarraffed, it is becaufe he has not a feeling fufficiently generous and intrepid of the guilt of the action in which he is preffed to engage. If there be any meaning in courage, its firft ingredient mud be the daring to fpeak the truth at all times, to all perfons, and in every pofhble fituation. What is it but the want of courage that fhould prevent me from faying, " Sir, I ought to refufe your challenge. What I ought to do, that I dare do. Have I injured you ? I will readily and without compulfion. repair my injuftice to the uttermoft mite. Have you mifconftrued me ? State to me the particulars, and doubt not that what is true I will make appear to be true. Thus far I will go. But, though I mould be branded for a coward by all mankind, I will not repair to a fcene of de- liberate murder. I will not do an act that I know to be flagitious. I will exercife my judgment upon every proportion that comes before me; the dictates of that judgment I will fpeak; and upon them I will form my conduct." He that holds this language with a countenance in unifon with his words, will never be fui- pected of acting from the impulfe of fear. CHAP. > [ 97 1 CHAP. III. OF DUTY. A DIFFICULTY STATED. — OF ABSOLUTE AND PRACTICAL VIRTUE. — IMPROPRIETY OF THIS DISTINCTION. — UNI- VERSALITY OF WHAT IS CALLED PRACTICAL VIRTUE INSTANCED IN ROBBERY — IN RELIGIOUS FANATICISM. — THE QUALITY OF AN ACTION DISTINCT FROM THE DIS- POSITION WITH WHICH IT IS PERFORMED — FARTHER DIFFICULTY. — MEANING OF THE TERM, DUTY. APPLI- CATION. — INFERENCES. THERE is a difficulty of confiderable magnitude as to the BOOK II. CHAP. III. fubject of the preceding chapter, founded upon the dif- » , ' A difficulty ference which may exift between abftradl juftice and my appre- ftated. henfions of juftice. When I do an act, wrong in itfelf, but which as to all the materials of judging extant to my under- ftanding appears to be right, is my conduct virtuous or vicious? Certain moralifts have introduced a diftinction upon this head Of abfolute between abfolute and practical virtue. " There is one fpecies of virtue. virtue," they fay, " which rifes out of the nature of things and is immutable, and another which rifes out of the views extant to my underftanding. Thus for example fuppofe, I ought to O worfhip 98:. . OF DUTY. rw\v tt'i wor ^^P Je^us Chrift ; but, having been bred in the religion of * * ' Mahomet, I ought to adhere to that religion, as long as its evi- dences fhall appear to me conclufive. I am impannelled upon a jury to try a man arraigned for murder, and who is really in- nocent. Abfcractedly confidered, I ought to acquit him. But I am unacquainted with his innocence, and evidence is adduced fuch as to form the ftrongeft prefumption of his guilt. De- monftration in fuch cafes is not to be attained ; I am obliged in every concern of human life to aft upon prefumption ; I ought therefore to convict him." Impropriety It may be doubted however whether any good purpofe is of this diC tlndion. likely to be anfwered by employing the terms of abftradt fcience in this verfatile and uncertain manner. Morality is, if any thing can be, fixed and immutable ; and there muft furely be fome ftrange deception that fhould induce us to give to an action eternally and unchangeably wrong, the epithets of reftitude^ duty and virtue. Umverfality Nor have thefe moralifts been thoroughly aware to what ex- of what is called praai- tent this admiflion would carry them. The human mind is in- cal virtue : credibly fubtle in inventing an apology for that to which its inclination leads. Nothing is fo rare as pure and unmingled hypocrify. There is no a&ion of our lives which we were not ready at the time of adopting it to juftify, unlefs fo far as we were prevented by mere indolence and unconcern.. There is fcarcely OF DUTY. 99 fcarcely any juftification which we endeavour to pafs upon others, BOOK n. 3 J J V . . . CHAP. III. which we do not with tolerable iuccefs pafs upon ourfelves. * v— — ' The distinction therefore which is here fet up would go near to prove that every action of every human being is entitled to the appellation of virtuous. There is perhaps no man that cannot recollect the time when inftanced in. lubbery : he fecretly called in queftion the arbitrary divifion of property • eftablifhed in human fociety, and felt inclined to appropriate to his ufe any thing the pofleffion of which appeared to him de- firable. It is probably in fome fuch way that men are ufually influenced in the perpetration of robbery. They perfuade them- felves of the comparative inutility of the property to its prefent pofleflbr, and the ineftimable advantage that would attend it in their hands. They believe that the transfer ought to be made. It is of no confequence that they are not confident in thefe views, that the impreffions of education fpeedily recur to their minds, and that in a feafon of adverfity they readily confefs the wickednefs of their proceeding. It is not lefs true that they did what at the moment they thought to be right. But there is another confideration that feems ftill more decifive ,n religions fanaticifm. of the fubjedt before us. The worft actions, the moft contrary to abftradt juftice and utility, have frequently been done from the moft confeientious motives. Clement, Ravaillac, Damiens and Gerard had their minds deeply penetrated with anxiety for the O 2 eternal ioo O F D U T Y. ,£??•? IU eternal welfare of mankind. For thefe objects they facriftced CHAP. ill. J J *■ » ' their eafe, and chearfully expofed themfelves to tortures and death. It was benevolence probably that contributed to light the fires of Smithfield, and point the daggers of Saint Bartholomew. The inventors of the Gunpowder Treafon were in general men re- markable for the fandity of their lives and the feverity of their manners. It is probable indeed, that fome ambitious views, and fome fentiments of hatred and abhorrence mixed with the benevo- lence and integrity of thefe perfons. It is probable that no wrong action was ever committed from views entirely pure. But the de- ception they put upon themfelves might neverthelefs be com- plete. At all events their opinions upon the fubjed could not alter the real nature of the action. The quality The true folution of the queftion lies in obferving, .that the of an aftion diftlnft from difpofition with which an adion is adopted is' one thing, and the the difpofi- r ° tion with adion itfelf another. A right adion may be done from'a wrong which it is t> performed. difpofition ; in that cafe we approve the adion, but condemn the ador. A wrong adion may be done from a right difpofition ; in that cafe we condemn the adion, but approve the ador. If the difpofition by which a man is governed have a fyftematical tendency to the benefit of his fpecies, he cannot fail to obtain our efteem, however miftaken he may be in his condud. Farther dif- But what fhall we fay to the duty of -a man under thefe cir- fieulty. cumftances ? Calvin, we will fuppofe, was clearly and confcien- tioufly O F D U T Y. 101 tlouily perfuaded that he ought to burn Servetus. Ought he to BOOK II. have burned him or not ? " If he burned him, he did an action v v ' deteftable in its own nature ; if he refrained, he acted in oppofi- tion to the beft judgment of his own underftanding as to a point of moral obligation." It is abfurd however to fay, that it was in any fenfe his duty to burn him. The moft that can be admitted is, that his difpofition was virtuous, and that in the circumftances in which he was placed an action greatly to be deplored flowed from that difpofition by invincible neceffity. Shall we fay then that it was the duty of Calvin, who did not underftand the principles of toleration, to ad upon a truth of which he was ignorant ? Suppole that a perfon is to be tried at York next week for murder, and that my evidence would ac- quit him. Shall we fay that it was my duty to go to York, though I knew nothing of the matter ? Upon the fame prin- ciples we might affirm that it is my duty to go from London to York in half an hour, as the trial will come on within that time ; the impoffibility not being more real in one cafe than in the other. Upon the fame principles we might affirm, that it is my duty to be impeccable, omnifcient and almighty. Duty is a term the ufe of which feems to be to defcribe the mode Meaning of in which any being may beft be employed for the general good. duty. It is limited in its extent by the extent of the capacity of that being. Now capacity varie8 in its idea in proportion as we vary 102 BOOK II. CHAP. 111. OF DUTY. vary our view of the fubjed to which it belongs. What I am capable of, if you coniider me merely as a man, is one thing ; what I am capable of as a man of a deformed figure, of weak underftanding, of fuperftitious prejudices, or as the cafe may hap- pen, is another. So much cannot be expected of me under thefe difadvantages, as if they were abfent. But, if this be the true de- finition of duty, it is abfurd to fuppofe in any cafe that an action injurious to the general welfare can be claiTed in the rank of duties. Application. To apply thefe obfervations to the cafes that have been ftated. Ignorance, io far as it goes, completely annihilates capacity. As I was uninformed of the trial at York, I could not be influenced by any confideration refpecting it. But it is abfurd to fay that it was my duty to neglect a motive with which I was unacquainted. If you alledge, " that Calvin was ignorant of the principles of tole- ration, and had no proper opportunity to learn them," it follows that in burning Servetus he did not violate his duty, but it does not follow that it was his duty to burn him. Upon the fup- pofition here ftated duty is filent. Calvin was unacquainted with the principles of juftice, and therefore could not practife them. The duty of no man can exceed his capacity ; but then neither can in any cafe an act of injuftice be of the nature of duty. Inferences. There are certain inferences that flow from this view of the fubjed, which it may be proper to mention. Nothing is more common OF DUTY. 103 common than for individuals and focieties of men to alledge that BOOK II. CHAP. III. they have acted to the beft of their judgment, that they have * « ' done their duty, and therefore that their conduct, even fhould it prove to be miftaken, is neverthelefs virtuous. This appears to be an error. An action, though done with the beft intention in the world, may have nothing in it of the nature of virtue. In reality the moft efTential part of virtue confifts in the incef- fantly feeking to inform ourfelves more accurately upon the fub- ject of utility and right. Whoever is greatly mifinformed re- flecting them, is indebted for his error to a defect in his philan- thropy and zeal. Secondly, fince abfolute virtue may be out of the power of a human being, it becomes us in the mean time to lay the greateft ftrefs upon a virtuous difpofition, which is not attended with the fame ambiguity. A virtuous difpofition is of the utmoft con- fequence, fince it will in the majority of inftances be productive of virtuous actions ; fince it tends, in exact proportion to the quantity of virtue, to increafe our difcernment and improve our underftanding ; and fince, if it were univerfally propagated, it would immediately lead to the great end of virtuous actions, the pureft and moft exquifite happinefs of intelligent beings. But a virtuous difpofition is principally generated by the uncontrolled exercife of private judgment, and the rigid conformity of every man to the dictates of his confcience. CHAP. ij — p- — ~! By moral equality I underftand the propriety of applying one *T m unalterable rule of juftice to every cafe that may arife. This cannot be queftioned but upon arguments that would fubvert th^e Very nature of virtue. " Equality," it has been affirmed, " will always be an unintelligible fiction, fo long as the capacities of men fhall be unequal, and their pretended claims have neither guarantee nor fanctien by which they can be inforced *." But furely juftice is fufficiently intelligible in its own nature, ab- ftracted from the confideration whether it be or be not reduced into practice. Juftice has relation to beings endowed with per- ception, and capable of pleafure and pain. Now it immediately refults from the nature of fuch beings, independently of any arbi- trary conftitution, that pleafure is agreeable and pain odious, plea- fure to be defired and pain to be obviated. It is therefore juft and reafonable that fuch beings mould contribute, fo far as it lies in their power, to the pleafure and benefit of each other. Among pleafures fome are more exquifite, more unalloyed and lefs pre- carious than others. It is juft that thefe fhould be preferred. Erom thefe fimple principles we may deduce the moral equality of mankind. We are partakers of a common nature, * " On a dit — que nous avians tons les mimes droits. J'ignore ce que'c'ejl que let memes droits, ou il y a inegalite de talens ou de force, & nulle garantie, nulle fitntlion." Raynal, Revolution d'dmerique, p. 34. 7 and OF MANKIND. 107 and the fame caufes that contribute to the benefit of one con- j?°2p tv tribute to the benefit of another. Our fenfes and faculties are of * » the' fame denomination. Our pleafures and pains will therefore be the fame. We are all of us endowed with reafon, able to com- pare, to judge and to infer. The improvement therefore which is to be defired for the one is to be defired for the other. We fhall be provident for ourfelves and ufeful to each other, in pro- portion as we rife above the atmofphere of prejudice. The fame independence, the fame freedom from any fuch reftraint, as fhould prevent us from giving the reins to our own underftanding, or from uttering upon all occafions whatever we think to be true> will conduce to the improvement of all. There are certain op- portunities and a certain fituation moft advantageous to every human being, and it is juft that the e fhould be communicated to all, as nearly at lead as the general economy will permit. There is indeed one fpecies of moral inequality parallel to the How limited. phyfical inequality that has been already defcribed. The treat- ment to which men are entitled is to be meafured by their merits and their virtues. That country would not be the feat of wifdom and reafon, where the benefactor of his fpecies was confidered in the fame point of view as their enemy. But in reality this diftinction, fo far from being adverfe to equality in any tenable fenfe, is friendly to it, and is accordingly known by the appellation of equity, a term derived from the fame origin. Though in fome fenfe an exception, it tends to the fame P 2 • purpofe 108 OF THE EQUALITY OF MANKIND. BOOK II. purpofe to which the principle itfelf is indebted for its value. CHAP. IV. r It is calculated to infufe into every bofom an emulation of ex- Province of cellence. The thing really to be defired is the removing as much political juf- ii. tice. as pouible arbitrary diiuncuons, and leaving to talents and virtue the field of exertion unimpaired. We mould endeavour to afford to all the fame opportunities and the fame encourage- ment, and to render juftice the common intereft and choice. CHAP. [ *°9 ] *°9 CHAP. V. RIGHTS OF MAN. THE QUESTION STATED. — FOUNDATION OF SOCIETY. — OP- POSITE RIGHTS IMPOSSIBLE. — CONCLUSION FROM THESE PREMISES. DISCRETION CONSIDERED. RIGHTS OF KINGS. IMMORAL CONSEQUENCES OF THE DOCTRINE OF RIGHTS. RIGHTS OF COMMUNITIES. — OBJECTIONS : I. THE RIGHT OF MUTUAL AID. — EXPLANATION. — ORI- GIN OF THE TERM, RIGHT. 2. RIGHTS OF PRIVATE JUDG- MENT AND OF THE PRESS. — EXPLANATION. — REASONS OF THIS LIMITATION UPON THE FUNCTIONS OF THE COMMUNITY: I. THE INUTILITY OF ATTEMPTING RE- STRAINT. 2. ITS PERNICIOUS TENDENCY. — CONCLU- SION. THERE is no fubjett that has been difcuffed with more BOOK II. CHAP.V. eagernefs and pertinacity than the rights of man. Has he * * * The queftion any rights, or has he none ? Much may plaufibly be alledged on ftated. both fides of this queftion ; and in the conclufion thofe reafoners appear to exprefs themfelves with the greateft accuracy who em- brace the negative. There is nothing that has been of greater diflervice to the caufe of truth, than the hafty and unguarded manner in which its advocates have fometimes defended it : and it •no RIGHTS OF MAN. BOOK II. Jt w ill be admitted to be peculiarly unfortunate, if the advocates CHAP. v. r ' on one fide of this queflion fhould be found to have the greateft quantity of truth, while their adverfaries have exprefied them- felves in a manner more c<^fonant to reafon and the nature of things. Where the queftion has been fo extremely darkened by an ambiguous ufe of terms, it may at any rate be defirable to try, whether, by a patient and fevere inveftigation of the firft principles of political fociety, it may be placed in a light confi- derably different from the views of both parties. Foundation of iociety. Political fociety, as has already been obferved, is founded in the principles of morality and juftice. It is impoflible for intel- lectual beings to be brought into coalition and intercourfe, with out a certain mode of conduct, adapted to their nature and con- nection, immediately becoming a duty incumbent on the parties concerned. Men would never have aflbciated, if they had not imagined that in confequence of that aflbciation -they would mu- tually conduce to the advantage and happinefs of each other. This is the real purpofe, the genuine bafis of their intercourfe ; and, as far as this purpofe is anfwered, fo far does fociety anfwer the end of its inftitution. Oppofite tights im- poflible. There is only one poftulate more, that is neceffary to bring us to a conclufive mode of reafoning upon this fubject. What- ever is meant by the term right, for it will prefently appear that the fenfe of the term itfelf has never been clearly underftood, there RIGHTS OF MAN. m there can neither be oppofite rkrhts, nor rig-'nts and duties hoftile BOOK II. 1 r to & CHAP. 7. to each other. The rights of one man cannot claih with or be v •. — - 1 deftructive of the rights of another ; for this, inftead of render- ing the fubject an important branch of truth and morality, as the advocates of the rights of man certainly underftand it to be, would be to reduce it to a heap of unintelligible jargon and in- confiftency. If one man have a right to be free, another man cannot have a right to make him a flave ; if one man have a right to inflicT: chaftifement upon me, I cannot have a right to withdraw myfelf from chaftifement ; if my neighbour have a right to a fum of money in my pofleflion, I cannot have a right to retain it in my pocket. — It cannot be lefs incontrovertible, that I have no right to omit what my duty prefcribes. From hence it inevitably follows that men have no rights. Conclufion: By right, as the word is employed in this fubjecl, has always pre mifes. ~ been underftood difcretion, that is, a full and complete power of either doing a thing or omitting it, without the perfon's becoming liable to animadverfion or cenfure from another, that is, in other words, without his incurring any degree of turpitude or guilt. Now in this feme I affirm that man has no rights, no difcretionary power whatever. It is commonly faid, " that a man has a right to the difpofal Difcreuoa confideredo. ©f his fortune, a right to the employment of his time, a right to the uncontrolled choice of his profeifion or purfuits." But this can ii2 RIGHTS OF MAN. BOOK II. can never be confidently affirmed till it can be fhewn that he CHAP.V. J 1 v ' has no duties, prefcribing and limiting his mode of proceeding in all thefe refpects. My neighbour has juft as much right to put an end to my exiftence with dagger or poifon, as to deny me that pecuniary affiftance without which I muft ftarve, or as to deny me that affiftance without which my intellectual attain- ments or my moral exertions will be materially injured. He has juft as much right to amufe himfelf with burning my houfe or torturing my children upon the rack, as to fhut himfelf up in a cell carelefs about his fellow men, and to hide " his talent in a napkin." If men have any rights, any difcretionary powers, they muft be in things of total indifference, as whether I fit on the right or on the left fide of my fire, or dine on beef to day or to- morrow. Even thefe rights are much fewer than we are apt to imagine, fmce before they can be completely eftablifhed, it muft be proved that my choice on one fide or the other can in no poffible way contribute to the benefit or injury of myfelf or of any other perfon in the world. Thofe muft indeed be rights well worth the contending for, the very effence of which con- fifts in their abfolute nugatorinefs and inutility. In reality nothing can appear more wonderful to a careful enquirer, than that two ideas fo incompatible as man and rights mould ever have been aflbciated together. Certain it is, that one 4 of RIGHTS OF MAN. 113 of them mufl be utterly exclufive and annihilatory of the other. ROOK n. 1 J CHAP. V. Before we afcribe rights to man, we mufl conceive of him as a *■ •» " being endowed with intellecl, and capable of difcerning the dif- ferences and tendencies of things. But a being endowed with intellecl:, and capable of difcerning the differences and tendencies of things, inftantly becomes a moral being, and has duties in- cumbent on him to difcharge : and duties and rights, as has al- ready been fhewn, are abfolutely exclufive of each other. It has been affirmed by the zealous advocates of liberty, " that Rights of princes and magiftrates have no rights ;" and no pofition can be more incontrovertible. There is no fituation of their lives that has not its correfpondent duties. There is no power intrufted to them that they are not bound to exercife exclufively for the public good. It is ftrange that perfons adopting this principle did not go a ftep farther, and perceive that the fame reftriclions were applicable to fubjecls and citizens. Nor is the fallacy of this language more confpicuous than its immoral immoral tendency. To this inaccurate and unjuft ufe of the of the dec- term right we owe it, that the mifer, who accumulates to no end rights. that which diffufed would have conduced to the welfare of thou- fands, that the luxurious man, who wallows in indulgence and fees numerous families around him pining in beggary, never fail to tell us of their rights, and to filence animadverfion and quiet the cenfure of their own mind by reminding us, " that they Q^ came "4 RIGHTS OF MAN. look ir. CHAP. V. came fairly into poffeffion of their wealth, that they owe nos debts, and that of confequence no man has authority to enquire r hto their private manner of difpofing of that which is their own." A great majority of mankind are confcious that they; ftand in need of this fort of defence, and' are therefore very ready to combine agaihft the ihfolent intruder, who ventures to en- quire into " things that do not concern him." They forget, that the wife man and the honeft man, the friend of his country and his kind, is concerned for every thing by which they may be affected, and" carries about with him a diploma, conftituting him inquifitor general of the moral conduct of his neighbours, wifhL a duty, annexed' to recal them to virtue, by every leffon that truth can enable him to read, and every punifhment that plains fpeaking is competent to inflict. Rights of communi- ties. It is fcarcely neceffary to add, that, if individuals have no rights, neither has fociety, which poifeues nothing but what in* dividuals have brought into a common ftock. The abfurdity of the common opinion, as applied to this fubjedt, is ftill more glaring, if poffible, than in the view in which we have already confidered it. According to the ufual fentiment every club affem- bling for any civjtl purpofe, every congregation of religionifts af- fembling for the worfhip of God, has a right to eftablifh any provifions or ceremonies, no matter how ridiculous or deteftable,. provided they do not interfere with the freedom of others. Rea- fon lies proftrate under their feet. They have a right to trample upon RIGHTS OF MAN. 115 upon and infult her as they pleafe. It is in the fame fpirit we p„9 p U- have been told that every nation has a right to choofe its * » ' form of government. A mod acute, original and ineftimable author was probably mifled by the vulgar phrafeology on this fubject, when he afferted, that, " at a time when neither the peo- ple of France nor the national affembly were troubling themfelves about the affairs of England or the Englifh parliament, Mr. Burke's conduct was unpardonable in commencing an unpro- voked attack upon them *." There are various objections that lugged themfelves to the Objections. theory which fubverts the rights of men ; and if the theory be true, they will probably appear in the refult to be fo far from really hofiile to it, as to be found more fairly deducible from and confident with its principles, than with any of thofe with which they have inadvertently been connected. In the fird place it has fometimes been alledged, and feems to 1. The rights of mutual aid. refult from the reafonings already adduced under the head of juf- tice, that " men have a right to the afiidance and co-operation of their fellows in every honed purfuit." But, when we affert Explanation, this propofition, we mean fomething by the word right exceed- ingly different from what is commonly underdood by the term. We do not underdand fomething difcretionary, which, if not voluntarily fulfilled, cannot be confidered as a matter of claim. * Rights of Man, page i. 0^2 Oil n6 RIGHTS OF MAN. BOO^ n. On the contrary every thing adduced upon that occafion was "*— — < ' calculated to fhew that it was a matter of Strict claim ; and per- haps fomething would be gained with refpect to perfpicuity, if we rather chofe to diftinguifh it by that appellation, than by a name fo much abufed, and fo ambiguous in its application, as the term right. Origin of the The true origin of this latter term is relative to the prefent term, right. State of political government, in which many of thofe actions which moral duty moil Strictly enjoins us are in no degree brought within the fphere of legislative fanction. Men uninfluenced by comprehenfive principles of juStice, commit every Species of in- temperance, are felfifh, hard-hearted, licentious and cruel, and maintain their right to all thefe caprices, becaufe the laws of their country are filent with regard to them. Philofophers and political enquirers have too frequently adopted the fame princi- ples with a certain degree of accommodation ; though in fact men have no more right to thefe erroneous propensities in their moft qualified fenfe, than they had to them originally in all their extravagance. It is true, that, under the forms of fociety now exifiing in the world, intemperance and the caprices of perfonal intercourfe too frequently efcape without animadverfion. But in a more perfect form, though they may not fall- under the cognifance of law, the offender will probably be fo unequivocally reminded by the fincerity of his neighbours of the error he has 6 com- RIGHTS OF MAN. 117 committed, as to be in no danger of running away with the ^9P l ), IT * opinion that he had a right to commit it. ' * ' A fecond and more important objection to the doctrine I am *. Rights of private judg- maintaining is derived from the rights as they are called of pri- ment and ot ~ vate judgment, and the liberty of the prefs. But it may eafily be fhewn, that thefe, no more than the articles already mentioned, are rights of difcretion. If they were, they would prove, that a man was ftrictly jufliliable in publishing what he believed to be pernicious or falfe, and that it was a matter of perfect moral in- difference whether he conformed to the religious rites of Con- fucius, of Mahomet, or of Chrift. The political freedom of Explanation. confcience and of the prefs, fo far from being as it is commonly fuppofed an extenfion, is a new cafe of the limitation of rights and difcretion. Confcience and the prefs ought to be unrenrained, not becaufe men have a right to deviate from the exact line that duty prefcribes, but becaufe fociety, the aggregate of individuals, has no right to affume the prerogative of an infallible judge, and to undertake authoritatively to prefcribe to its members in mat- ters of pure fpeculation. One obvious reafon againft this affumption on the part of the Rcafons of fociety is the impoffibility by any compulfatory method of bring- tion upon the . .- . functions of ifig men to uniformity of opinion. The judgment we form upon the commu- . ... nity. topics of general truth, is or is imagined to be founded upon 1 . The inu- tility of at- evidence : and, however it may be foothed by gende applications tempting re- it rain t. to n8 RIGHTS OF MAN. i pha'p v* t0 *^ e Detra y m g i ts impartiality, it is apt to repel with no little pertinacity whatever comes under the form of compulfion. Per- fection cannot perfuade the understanding, even when it fub- dues our refolution. It may make us hypocrites ; but cannot make us converts. The government therefore, which is anxious above all tilings to imbue its fubjects with integrity and virtue, will be the fartheft in the world from difcouraging them in the explicit avowal of their fentiments. 2. Its perm- ;g ut there is another reafon of a higher order. Man is not, as cious ten- ° dency. j^g b een already fhewn, a perfect being, but perfectible. No government, that has yet exifted, or is likely prefently to exift upon the face of the earth, is faultlefs. No government ought therefore pertinacioufly to refill the change of its own inftitu- tions ; and {till lefs ought it to fet up a ftandard upon the vari- ous topics of human fpeculation, to reftrain the excurfions of an inventive mind. It is only by giving a free fcope to thefe ex- curfions, that fcience, philofophy and morals have arrived at their prefent degree of perfection, or are capable of going on to that ftill greater perfection, in comparifon of which all that has been already done will perhaps appear childifh. But a pro- ceeding, abfolutely neceflary for the purpofe of exciting the mind to thefe falutary excurfions, and ftill more neceffary in order to give them their proper operation, confifts in the unreftrained communication of men's thoughts and difcoveries to each other. If every man have to begin again at the point from whkh his ., neigh- RIGHTS OF MAN. 119 neighbour fet out, the labour will be endlefs, and the progrefs in BOOK II. . ° ' , CHAP. v. an unvarying circle. There is nothing that more eminently con- * * * tributes to intellectual energy, than for every man to be habi- tuated to follow without alarm the train of his fpeculations, and to utter without fear the conclufions that have fuggefted them- Concludou. felves to him.. — But does all this imply that men have a right to a£t any thing but virtue, and to utter any thing but truth ? Certainly not. It implies indeed that there are points with which fociety has no right to interfere, not that difcretion and caprice are more free,, or duty lefs ftric~l upon thefe points, than upon*, any others with which human a&ion is converfanU CHAP. IZO OF THE EXERCISE CHAP. VI. OF THE EXERCISE OF PRIVATE JUDGMENT. FOUNDATION OF VIRTUE. — HUMAN ACTIONS REGULATED*. I. BY THE NATURE -OF THINGS. — 2. BY POSITIVE INSTI- TUTION. — TENDENCY OF THE LATTER: I. TO EXCITE VIRTUE. ITS EQUIVOCAL CHARACTER IN THIS RESPECT. 2. TO INFORM THE JUDGMENT. — ITS INAPTITUDE FOR THAT PURPOSE. PROVINCE OF CONSCIENCE CONSIDERED. TENDENCY OF AN INTERFERENCE WITH THAT PROVINCE. RECAPITULATION. — ARGUMENTS IN FAVOUR OF POSI- TIVE INSTITUTION: I. THE NECESSITY OF REPELLING PRI- VATE INJUSTICE. OBJECTIONS: THE UNCERTAINTY OF EVIDENCE. THE DIVERSITY OF MOTIVES. THE UNSUIT- ABLENESS OF THE MEANS OF CORRECTION — EITHER TO IMPRESS NEW SENTIMENTS — OR TO STRENGTHEN OLD ONES. PUNISHMENT FOR THE SAKE OF EXAMPLE CON- SIDERED. URGENCY OF THE CASE.— 2. REBELLION. 3. WAR. — OBJECTIONS. — REPLY. BOOK II. f 1 ^ o a rational being there can be but one rule of conduct, CHAP. VI. I fa ' ^ — v-: — ' •*■ iuftice, and one mode of afcertaining that rule, the exer- Foundation J of virtue. c jf e f hi s understanding. If in any inftance I be made the me- chanical inftrument of abfolute violence, in that inftance I fall under OF PRIVATE JUDGMENT. 121 under no defcription of moral conduct either good or bad. But, BOOK ir. if, not being operated upon by abfolute compuliion, I be wholly k « * prompted by fomething that is frequently called. by that name, and act from the hope of reward or the fear of punifhment, my conduct is pofitively wrong. Here however a diftinction is to be made. Juftice, as it was defined in a preceding chapter, is coincident with utility. I am myfelf a part of the great whole, and my happinefs is a part of that complex view of things by which juftice is regulated. The hope of reward therefore and the fear of punifhment, confined within certain ftrict limits, are motives that ought to have in- fluence with my mind. There are two defcriptions of tendency that may belong to Human ac- any action, the tendency which it poffeffes by the neceffary and gulated, univerfal laws of exiftence, and the tendency which refults from ture of the pofitive interference of fome intelligent being. The nature of happinefs and mifery, pleafure and pain, is independent of all pofitive inftitution : that is, it is immutably true that whatever tends to procure a balance of the former is to be defired, and whatever tends to procure a balance of the latter is to be re- jected. In like manner the promulgation of virtue, truth and political juftice muft always be right. There is perhaps no action of a rational being that has not fome tendency to promote thefe objects, and confequently that has not a moral character founded in the abftract nature of things. R The 122 OF THE EXERCISE CHAR vi ^ he tenc ^ enc y °f pofitive inftitution is of two forts, to fur- 2 7i~^^' nifh me with an additional motive to the practice of virtue or tion. 1 " ' U " r ^g nt > an d t0 inform my underftanding as to what actions are Tendency of r ight and what actions are wrong. Much cannot be'faid in com- mendation of either of thefe tendencies. i. To excite Firft, pofitive inftitution may furnifh me with an additional virtue. J Its equivo- motive to the practice of virtue. I have an opportunity of con- cal character in this re- tributing very efTentially to the advantage of twenty individuals j they will be benefited, and no other perfons will fuflain a ma- terial injury. I ought to embrace this opportunity. Here let us fuppofe pofitive inftitution to interfere, and to annex fome great perfonal reward to myfelf to the performance of my duty. This immediately changes the nature of the action. Before I preferred it for its intrinfic excellence. Now, fo far as the po- fitive inftitution operates, I prefer it, becaufe fome perfon has arbitrarily annexed to it a great weight of felf-intereft. But vir- tue, confidered as the quality of an intelligent being, depends upon the difpofition with which the action is accompanied. Under a pofitive inftitution then this very action, which is in- trinfically virtuous, may, fo far as relates to the agent, become vicious. The vicious man would before have neglected the ad- vantage of thefe twenty individuals, becaufe he would not bring a certain inconvenience or trouble upon himfelf. The fame man with the fame difpofition will now promote their advantage, be- caufe his own welfare is concerned in it. Twenty, other things equal, OF PRIVATE JUDGMENT. 123 equal, is twenty times better than one. He that is not governed ^j®®^ * T ; by the moral arithmetic of the cafe, or who acts from a difpo- ' » ' fition directly at war with that arithmetic, is unjuft. In other words, morality requires that we mould be attentive only to the tendency which belongs to any action by the neceflary and uni- verfal laws of exiftence. This is what is meant by the princi- ple, " that we fhould do good, regardlefs of the confequences ;" and by that other, " that we may not do evil, from the profpect of good to refult from it." The cafe would have been rendered ftill more glaring, if, inftead of the welfare of twenty, we had fup- pofed the welfare of millions to have been concerned. In reality, whether the difparity be great or final], the inference ought to be the fame. Secondly, pofitive inftitution may inform my underftanding 2. To inform ,-l* • thejudg- as to what actions are right and what actions are wrong. Here ment. , , Its inaptitude it is proper for us to reflect upon the terms underftanding and for that pur- pofe. information. Underftanding, particularly as it is concerned with moral fubjects, is the percipient of truth. This is its proper fphere. Information, fo far as it is genuine, is a portion detached from the great body of truth. You inform me, " that Euclid aflerts the three angles of a plane triangle to be equal to two right angles." Still I am unacquainted with the truth of this propo- fition. " But Euclid has demonftrated it. His demonftration has exifted for two thoufand years, and during that term has proved fatisfa&ory to every man by whom it has been underftood." R 2 I am 124 OF THE EXERCISE ri?AP^ vf ^ am neverthelefs uninformed. The knowledge of truth lies in the perceived agreement or difagreement of the terms of a pro- pofition. So long as I am unacquainted with the middle term by means of which they may be compared, fo long as they are incommenfurate to my understanding, you may have furnifhed me with a principle from which I may reafon truly to farther confequences, but as to the principle itfelf I may ftri&ly be faid to know nothing about it. Every proportion has an intrinfic evidence of its own. Every confequence has premifes from which it flows ; and upon them, and not upon any thing elfe, its validity depends. If you could work a miracle to prove, " that the three angles of a triangle were equal to two right angles," I mould ftill know, that the propofi- tion was either true or falfe previoufly to the exhibition of that miracle ; and that there was no necefTary connection between any one of its terms and the miracle exhibited. The miracle would take off my attention from the true queftion to a queftion altogether different, that of authority. By the authority ad- duced I might be prevailed on to yield an irregular affent to the propofition ; but I could not properly be faid to perceive its truth. But this is not all. If it were, it might perhaps be regarded as a refinement foreign to the concerns of human life. Pofitive institutions do not content themfelves with requiring my afient to OF PRIVATE JUDGMENT. 125 to certain propofitions, in confederation of the refpectable tefti- BOOK II. r v ' >* CHAP. VI. mony by which they are inforced. This would amount to no more, than advice flowing from a refpeclable quarter, which after all I might reject, if it did not accord with the mature judg- ment of my own understanding. But in the very nature of thefe inftitutions there is included a ianction, a motive either of punifh- ment or reward to induce me to obedience. It is commonly faid, " that pofitive inftitutions ought to leave Province of confcience me perfectly free in matters of confcience, but may properly in- confidercd. terfere with my conduct in civil concerns." But this diftinction feems to have been very lightly taken up. What fort of moralift muft he be, who makes no . confcience of what panes in his in- tercourse with other men ? Such a diftinction proceeds upon the fuppofition, " that it is of great confequence whether I bow to the eaft or the weft ; whether I call the object of my worlhip Jehovah or Alia ; whether I pay a prieft in a furplice or a black coat. Thefe are points in which an honeft man ought to be rigid and inflexible. But as to thofe other, whether he fhall be a tyrant, a fiave or a free citizen ; whether he fhall bind himfelf with multiplied oaths impoffible to be performed, or be a rigid obferver of truth ; whether he fhall fwear allegiance to a king de jure or a king dc faclo, to the beft or the worft of all pofhble governments ; reflecting thefe points he may fafely commit his confcience to the keeping of the civil magiftrate." In reality there are perhaps no concerns of a rational being, over which 4 morality 126 OF THE EXERCISE ckavvt mora '^y does not extend its province, and reflecting which he ' v ' is not bound to a confcientious proceeding. an C interfe ° f * am fatisfied at prefent, that a certain conduct, fuppofe it be that Evince a r *S^ attention to the confidence of private converfation, is in- cumbent upon me. You tell me, " there are certain cafes of fuch peculiar emergency as to fuperfede this rule." Perhaps I think there are not. If I admit your propofition, a wide field of enquiry is opened, reflecting what cafes do or do not deferve to be confidered as exceptions. It is little likely that we mould agree reflecting all thefe cafes. How then does the law treat me, for my confcientious difcharge of what I conceive to be my duty ? Becaufe I will not turn informer (which, it may be, I think an infamous character) againft. my moil valued friend, the law ac- cufes me of mifprifion of treafon, felony or murder, and perhaps hangs me. I believe a certain individual to be a confirmed vil- lain, and a raoft dangerous member of fociety, and feel it to be my duty to warn others, perhaps the public, againft the effect of his vices. Becaufe I publifh what I know to be true, the law convicts me of libel, fcandalum magnatum, and crimes of I know not what complicated denomination. If the evil flopped here, it would be well. If I only fuffered a certain calamity, fuppofe death, I could endure it. Death has hitherto been the common lot of men, and I expect at fome time or other to fubmit to it. Human fociety mufl fooner or later be OF PRIVATE JUDGMENT. 127 be deprived of its individual members, whether they be valuable, BOOK II, or whether they be inconfiderable. But the punifhment acts not » , * only retrofpedtively upon me, but profpectively upon my con- temporaries and countrymen. My neighbour entertains the fame opinion refpecting the conduct he ought to hold as I did. But the executioner of public juftice interpofes with a powerful argu- ment, to convince him that he has miftaken the path of abftra£t rectitude. What fort of converts will be produced by this unfeeling- logic ? " I have deeply reflected," fuppofe, " upon the nature of virtue, and am convinced that a certain proceeding is incumbent on me. But the hangman, fupported by an act of parliament, affures me I am miftaken." If I yield my opinion to his d'tElum^ my action becomes modified, and my character too. An in- fluence like this is inconfiftent with all generous magnanimity of fpirit, all ardent impartiality in the difcovery of truth, and all inflexible perfeverance in its aflertion. Countries, expofed to the perpetual interference of decrees inftead of arguments, exhibit within their boundaries the mere phantoms of men. We can never judge from an obfervation of their inhabitants what men would be, if they knew of no appeal from the tribunal of con- fcience, and if, whatever they thought, they dared to fpeak, and. dared to act. At prefent there will perhaps occur to the majority of readers but. 128 OF THE EXERCISE BOOK II. h u t f ew luilances of Jaws, which may be fuppofed to Interfere \_* Jri i"j. it • VI. v v ' with the confcientlous difcharge of duty. A confiderable num- ber will occur in the courfe of the prefent enquiry. More would readily offer themfelves to a patient refearch. Men are fo fuc- cefsfully reduced to a common ftandard by the operation of po- fitive law, that in moft countries they are capable of little more than like parrots repeating each other. This uniformity is ca- pable of being produced in two ways, by energy of mind and indefatigablenefs of enquiry, enabling a confiderable number to penetrate with equal fuccefs into the receffes of truth ; and by pufillanimity of temper and a frigid indifference to right and wrong, produced by the penalties which are fufpended over fuch as fhall difintereftedly enquire, and communicate and acT: upon the refult of their enquiries. It is eafy to perceive which of thefe is the caufe of the uniformity that prevails in the prefent inftance. Reeapkula- If there be any truth more unqueftionable than the reft, it is, tion. that every man is bound to the exertion of his faculties in the difcovery of right, and to the carrying into effect all the right with which he is acquainted. It may be granted that an infallible ftandard, if it could be difcovered, would be confiderably bene- ficial. But this infallible ftandard itfelf would be of little ufe in human affairs, unlefs it had the property of reafoning as well as deciding, of enlightening the mind as well as conftraining the body. If a man be in fome cafes obliged to prefer his own judg- OF PRIVATE JUDGMENT. t2 g judgment, he is in all cafes obliged to confult that judgment, BOOK II. J fc> b j b > chap. VI. before he can determine whether the matter in queftion be of v « ' the fort provided for or no. So that from ^his reafoning it ulti- mately appears, that no man is obliged to conform to any rule of conduct, farther than the rule is confiftent with juftice. Such are the genuine principles of human fociety. Such Arguments in favour of would be the unconftrained concord of its members, in a ftate pofitive in. ftitution : where every individual within the fociety, and every neighbour without, was capable of liftening with fobriety to the dictates of reafon. We fhall not fail to be impreffed with confiderable re- gret, if, when we defcend to the prefent mixed characters of mankind, we find ourfelves obliged in any degree to depart from fo fimple and grand a principle. The univerfal exercife of pri- vate judgment is a doctrine fo unfpeakably beautiful, that the true politician will certainly refolve to interfere with it as fpar- ingly and in as few inftances as poflible. Let us confider what are the emergencies that may be thought to demand an ex- ception. They can only be briefly ftated in this place, each of them requiring to be minutely examined in the fubfequent ftages of the enquiry. In the firft place then it feems neceffary for fome powerful i.Thenecef- arbitrator to interfere, where the proceedings of the individual ling private n r • injuftice. threaten the molt injurious confequences to his neighbours, and where the inftant nature of the cafe will not accord with the S uncertain 130 OF THE EXERCISE ®?PJFH* uncertain progrefs of argument and conviftion addreffed to the CnAl • VI* v v ' mind of the offender. A man, fuppofe, has committed murder, or, to make the cafe more aggravated, feveral murders ; and, having thus far over-It epped all thofe boundaries of innocence and guilt which reftrain the generality of men, it is to be pre- fumed from analogy that he may be led to the commiffion of other murders. At firft it may appear to be no great infringe- ment upon the exercife of private judgment, to put it under fome degree of reftraint, when it leads to the commiflion of atrocious crimes. There are however certain difficulties in the cafe which are worthy to be confidered. Objeaions : Firft, as foon as we admit the propriety of a rule fuch as that above ftated, our next concern will be with the evidence, which the uncer- tainty of evi- dence : fhall lead to the acquittal or conviction of the perfon accufed. Now it is well known, that no principles of evidence have yet been laid down that are infallible. Human affairs univerfally proceed upon prefumption and probability. An eye-witnefs muft identify the perfon of the offender, and in this he may be mif- taken. We muft neceffarily be contented with presumptive proofs of his intention ; and often are or imagine ourfelves to be obliged to admit prefumptive evidence of the facT: itfelf. The confe- quence is inevitable. And furely it is no trivial evil, to fubject an innocent man eventually, to the public award and the efta- blifhed puniihment annexed to the moft atrocious crimes. Secondly, OF PRIVATE JUDGMENT. i 3 i Secondly, the fame external action will admit of every pof- BOOK II. fible made of virtue or vice. One man fhall commit murder, to * — rv ' the diverfity remove a troublefome obferver of his depraved difpofitions, who of motIves : will otherwife counteract and expofe him to the world. A fe- cond, becaufe he cannot bear the ingenuous fincerity with which he is told of his vices. A third, from his intolerable envy of fuperior merit. A fourth, becaufe he knows his adverfary me- ditates an act pregnant with extenfive mifchief, and he perceives no other mode by which its perpetration can be prevented. A fifth, in the actual defence of his father's life or his daughter's chaftity. Each of thefe men, except perhaps the laft, may act either from momentary impulfe, or from any of the infinite {hades and degrees of deliberation. Would you award one in- dividual punifhment to all thefe varieties of action ? Can you pretend in each inftance to afcertain the exact quantity of wrong, equivalent to each ? Strictly fpeaking no two men were ever guilty of the fame crime; but here comes in pofitive law with its Procruftes's bed, and levels all characters, and tramples upon all diflinctions. Thirdly, punifhment is not the appropriate mode of correct- the unfuit- ablenefs of ing the errors of mankind. It will probably be admitted, that the means of corre&ion : the only true end of punifhment is correction. That queftion will be difcuffed in another part of the. prefent enquiry. " I have done fomething, which though wrong in itfelf, I believe to be right ; or I have done fomething which I ufually admit to be S 2 wrong ; 132 OF THE EXERCISE BOOK II. CHAP. VI. wrong ; but my conviction upon the fubjecT: is not fo clear and forcible, as to prevent my yielding to a powerful temptation." There can be no doubt, that the proper way. of conveying to my underftanding a truth of which I am ignorant, or of impreffing upon me a firmer perfuafion of a truth with which I am ac- quainted, is by an appeal to my reafon. Even an angry expof- tulation with me upon my conduct will but excite fimilar paf- fions in me, and cloud inftead of illuminate my underftanding. There is certainly a way of expreffing truth, with fuch benevo- lence as to command attention, and fuch evidence as to inforce conviction in all cafes whatever. cither to im- Punifhment inevitably excites in the fufferer, and ought to prefs new fcntiment*: excite, a fenfe of injuftice. Let its purpofe be to convince me of the truth of a propofition, which I at prefent believe to be falfe. It is not abftractedly confidered of the nature of an argu- ment, and therefore it cannot begin with producing conviction. 'Punifhment is a fpecious name, but is in reality nothing more than force put upon one being by another who happens to be ftronger. Now ftrength apparently does not conftitute juftice, nor ought " might," according to a trite proverb, to " overcome right." The cafe of punifhment, which we are now confidering, is the cafe of you and I differing in opinion, and your telling me that you muft be right, fince you have a more brawny arm, or have applied your mind more to the acquiring fkill in your weapons than I have. But OF PRIVATE JUDGMENT. 1.3.3 But let us fuppofe, " that I am convinced of my error, but r J^" )< p,F \J- that my conviction is fuperficial and fluctuating, and the object ' * — •? J l 01 J ortoftrength- you propofe is to render it durable and profound." Ought it. to en old oneSi be thus durable and profound ? There are no doubt arguments and reafons calculated to render it fo. Is it in reality problema_ tical, and do you wifh by the weight of your blows to make up for the deficiency of your logic ? This can never be de- fended. An appeal to force muft appear to both parties, in pro- portion to the foundnefs of their underftanding, to be a con- feflion of imbecility. He that has recourfe to it, would have no occafion for this expedient, if he were fufficiently acquainted with the powers of that truth it is his office to communicate. If there be any man, who, in fufFering punifhment, is not confcious of injuftice, he muft have had his mind previoufiy debafed by flavery, and his fenfe of moral right and wrong blunted by a feries of oppreffion. LThe cafe is not altered for the better, if I fufFer punifhment, Punifhment not for my own correction, but for an example to others. Upon f example this fuppofition a new difficulty is introduced, reflecting the pro- priety of one man's being fubjected to pain, for the fake of im- proving the character and eradicating the vices of another. The fuffering is here alfo involuntary. Now, though will cannot alter the nature of juftice, it muft be admitted that the voluntary fufferer has at leaft one advantage over the involuntary, in the confcious liberality of his purpofe. He that fuffers, not for his own * 134 OF THE EXERCISE ^P°J C IX * own correction, but for the advantage of others, Hands, fo far ' * ' as relates to that fuffei'ing, in the fituation of an innocent perfon. If the fuffering had relation to him perfonally as a vicious or imperfect character, it muft have relation to him in refpect either to the paft or the future. It cannot have relation to him as to the paft, for that is concluded and beyond the reach of altera- tion or remedy. By the fuppofition it has not relation to him but to others as to the future. It ought to be obferved in this place, that by innocence I do not underftand virtue. Innocence is a fort of neutral character, and ftands in the mid way between good and harm. Undoubtedly it were better, that a perfon ufelefs to fociety mould be deftroyed than a man of eminent worth, and a perfon likely to prove in- jurious than either. I fay likely to prove injurious ; for the fault already committed, being irrevocable, ought not to enter into the account, and we have nothing to do but with the probability of its repetition. It is in this fenfe that the f&fferer ftands upon a level with many of thofe perfons,^who are ufually denomi- nated innocent. It muft alfo be allowed, that there are cafes in which it is proper that innocent men fhould fuffer for the public good. But this is a queftion of a very delicate nature, and the fevere moralift will be very reluctant to condemn that man to die for the be- nefit of others, who is defirous to live. 7 As OE PRIVATE JUDGMENT. i 25 As to every other circumftance in the cafe of him who is BOOK II. punifhed for an example to others, it remains precifely the fame v » * as when we fuppofed him to be punifhed for his own reformation. It is ftill an argument of the moft exceptionable nature employed to correct the opinions of mankind. It is ftill a menace of vio- lence made ufe of to perfuade them of the truth or faifhood of a propofition. It has little chance of making them wife, and can fcarcely fail of making them timid, diflembling and corrupt. Notwithstanding all thefe objections, it would be difficult to Urgency of. ♦ lip csic find a country, refpecting which we could fay, that the inhabi- tants might with fafety be difmifled from the operation of punifh- ment. So mixed is human character, fo wild are its excurfions, fo. calamitous and deteftable are the errors into which it occa- sionally falls, that fomething more than argument feems neceflary for their fuppreflion. Human beings are fuch tyros in the art of reafoning, that the wifeft of us often prove impotent in our attempts, where an inftant effect was moft powerfully wanted. While I ftand ftill to reafon with the thief, the aflaflin or the oppreffbr, they haften to new fcenes of devaluation, and with un- fparing violence confound all the principles of human fociety. I fhould obtain little fuccefs by the abolition of punifhment, unleis , I could at the fame time abolifh thofe caufes that generate tempt- ation and make punifhment neceflary. Meanwhile the argu- ments already adduced may be fufhcient to fliew that punifh- ment . 136 OF THE EXERCISE PM° p R vr ment is always an evil, and to perfuade us never to recur to it 1 * ' but from the moft evident neceffity. 2. Rebellion. The remaining cafes in which it may feem requifite to have 3. War. recourfe to the general will of the fociety, and to fuperfede . v the private judgment of individuals, are, when we are called upon to counteract the hoftilities of an internal enemy, or to re- Objeftlons. pel the attacks of a foreign invader. Here as in the former in- ftance the evils that arife from an uiurpation upon private judg- ment are many and various. It is wrong that I fhould contribute in any mode to a proceeding, a war for example, that I believe to be unjuft. Ought I to draw my fword, when the adverfary appears to me to be employed in repelling a wanton aggreffion ? The cafe feems not to be at all different, if I contribute my property, the produce it may be of my perfonal labour; though cuftom has reconciled us to the one rather than the other. The confequences are a degradation of character and a relaxa- tion of principle, in the perfon who is thus made the inftrument of a tranfaction, which his judgment difapproves. In this cafe, as has been already ftated generally, the human mind is com- preifed and unnerved, till it affords us fcarcely the femblance of what it might otherwiie have been. And, in addition to the general confiderations in fimilar cafes, it may be obferved, that the frequent and obftinate wars which at prefent defolate the human OF PRIVATE JUDGMENT: 137 human race would be nearly extirpated, if they were fupported J5?PJF|£ only by the voluntary contributions of thofe by whom their prin- v « ' ciple was approved. The objection, which has hitherto been permitted practically Reply. to fuperfede thefe reafonings, is the difficulty of conducting an affair, in the fuccefs of which millions may be interefled, upon fo precarious a fupport as that of private judgment. The men, with whom we are ufually concerned in human fociety, are of fo mixed a character, and a felf-love of the narrowed kind is fo deeply rooted in many of them, that it feems nearly unavoidable upon the fcheme of voluntary contribution, that the mod gene- rous would pay a very ample proportion, while the mean and avaricious, though they contributed nothing, would come in for their full fhare of the benefit. He that would reconcile a perfect freedom in this refpect with the intered of the whole, ought to propofe at the fame time the means of extirpating felfifhnefs and vice. How far fuch a propofal is feafible will come hereafter to be confidered. AN A N ENQUIRY CONCERNING POLITICAL JUSTICE. BOOK III. PRINCIPLES OF GOVERNMENT, CHAP. I. SYSTEMS OF POLITICAL WRITERS. THE QUESTION STATED. — FIRST HYPOTHESIS : GOVERN- MENT FOUNDED IN SUPERIOR STRENGTH. — SECOND HY- POTHESIS : GOVERNMENT JURE DIFINO. THIRD HYPO- THESIS : THE SOCIAL CONTRACT. — THE FIRST HYPOTHE- SIS EXAMINED. — THE SECOND — CRITERION OF DIVINE RIGHT: I. PATRIARCHAL DESCENT — 2. JUSTICE. IT has appeared in the courfe of our reafonings upon the na- BOOK III. CHAP I ture of fociety, that there are occafions in which it may be » ' • rr r • r ^^ e quetlion neceflary, to fuperfede private judgment for the fake of public ftated. T 2 good, 140 BOOK III. CHAP. I. v „ * SYSTEMS OF good, and to control the acts of the individual by an act to be performed in the name of the whole. It is therefore an intereft- ing enquiry to afcertain in what manner fuch acts are to be originated, or in other words to afcertain the foundation of po- litical government. Firft: hypo- thefis : go- vernment founded in fuperior ftrength. There are three hypothefes that have been principally main- tained upon this fubject. Firft, the fyftem of force, according to which it is affirmed, " that, inafmuch as it is neceffary that the great mafs of mankind fhould be held under the fubjection of compulfory reftraint, there can be no other criterion of that re- ftraint, than the power of the individuals who lay claim to its exercife, the foundation of which power exifts in the unequal degrees, in which corporal ftrength and intellectual fagacity are distributed among mankind." Second hypo- thelis : go- vernment jure d'rvino. There is a fecond clafs of reaforiers, who deduce the origin of all government from divine right, and affirm, " that, as men de- rived their exiftence from an infinite creator at firft, fo are they ftill fubject to his providential care, and of confequence owe alle- giance to their civil governors, as to a power which he has thought fit to fet over them." Third hypo- thefis : the focial con- trad. The third fyftem is that which has been raoft ufually main- tained by the friends of equality and juftice j the fyftem accord- ing to which the individuals of any fociety are fuppofed to have entered POLITICAL WRITERS. x 141 entered into a contract with their governors or with each other, BOOK in. & ' CHAP. 1. and which founds the rights of government in the confent of v v / the governed. The two firft of thefe hypothefes may eafdy be difmifled. The firft h Y- J ' pothefis exa- That of force appears to proceed upon the total negation of ab- mined, {tract and immutable juftice, affirming eveiy government to be right, that is poflefled of power fufficient to inforce its decrees. It puts a violent termination upon all political fcience ; and feems intended to perfuade men, to fit down quietly under their prefent difadvantages, whatever they may be, and not exert them- felves to difcover a remedy for the evils they fuffer. The fecond The fecond. hypothefis is of an equivocal nature. It either coincides with the firft, and affirms all exifting power to be alike of divine de- rivation ; or it muft remain totally ufelefs till a criterion can be found, to diftinguifh thofe governments which are approved by God, from thofe which cannot lay claim to that fanction. The Criterion of divine right. criterion of patriarchal defcent will be of no avail, till the true 1 . Patriarchal claimant and rightful heir can be difcovered. If we make utility 2 . juftice. and juftice the teft of God's approbation, this hypothefis will be liable to little objection ; but then on the other hand little will be gained by it, fince thofe who have not introduced divine right into the argument, will yet readily grant, that a government which can be ihewn to be agreeable to utility and juftice, is a rightful government. The v ^—J 142 SYSTEMS OF POLITICAL WRITERS. EOOK III. Tta third hypothecs demands a more careful examination. If any error have infinuated itfelf into the fupport of truth, it be- comes of particular confequence to detect it. Nothing can be of more importance, than to feparate prejudice and miftake on the one hand, from reafon and demonftration on the other. Where- ever they have been confounded, the caufe of truth muft necef- farily be a fufferer. That caufe, fo far from being injured by the diffolution of the unnatural alliance, may be expected to derive from that diffolution an eminent degree of profperity and luftre. CHAP. [ H3 ] CHAP. II. OF THE SOCIAL CONTRACT. QUERIES PROPOSED. — WHO ARE THE CONTRACTING PAR- TIES ? — WHAT IS THE FORM OF ENGAGEMENT? — OVER HOW LONG A PERIOD DOES THE CONTRACT EXTEND? — TO HOW GREAT A VARIETY OF PROPOSITIONS? — CAN IT EXTEND TO LAWS HEREAFTER TO BE MADE? — ADDRESSES OF ADHESION CONSIDERED. — POWER OF A MAJORITY. UPON the firft ftatement of the fyftem of a focial contrail BOOK III. various difficulties preient themfelves. Who are the parties ». v j Queries pvo- to this contract? For whom did they confent, for themfelves poicd. only or for others ? For how long a time is this contract to be confidered as binding ? If the confent of every individual be neceflary, in what manner is that confent to be given ? Is it to be tacit, or declared in exprefs terms ? Little will be gained for the caufe of equality and juftice, if Who'arethe contracting our anceftors, at the nrft inftitution of government, had a right parties ? indeed of choofing the fyftem of regulations under which they thought proper to live, but at the fame time could barter away the underftandings and independence of all that came after them 3 to' 144 OF THE SOCIAL CONTRACT. B ?P, I i E 1, t0 the lateft pofterity. But. if the contract muft be renewed in CHAP. II. r / > 1 « ' each fucceffive generation," what periods muft be fixed on for that purpofe ? And if I be obliged to fubmit to the eftablifhed government till my turn comes to affent to it, upon what prin- ciple is that obligation founded ? Surely not upon the contract into which my father entered before I was born ? What Is the Secondly, what is the nature of the confent, in confequence form of en- ■* gagement? of which I am to be reckoned the fubject of any particular go- vernment ? It is ufually faid, " that acquiefcence is fufficient; and that this acquiefcence is to be inferred from my living quietly under the protection of the laws/' But if this be true, an end is as effectually put to all political fcience, all difcrimina- tion of better and worfe, as by any fyftem invented by the moft flavifh fycophant that ever exifted. Upon this hypothefis every government that is quietly fubmitted to is a lawful government, whether it be the ufurpation of Cromwel or the tyranny of Cali- gula. Acquiefcence is frequently nothing more than a choice on the part of the individual of what he deems the leaft evil. In many cafes it is not fo much as this, fince the peafant and the artifan, who form the bulk of a nation, however dhTatisfied with the government of their country, feldom have it in their power to tranfport themfelves to another. It is alfo to be obferved upon the fyftem of acquiefcence, that it is in little agreement with the eftablifhed opinions and practices of mankind. Thus what has been called the law of nations, lays leaft ftrefs upon the allegiance 5 of OF THE SOCIAL CONTRACT. 145 of a foreigner fettling among us, though his acquiefcence is cer- ^,??^ I {[' tainly moft complete ; while natives removing into an unin- ' » ' habited region are claimed by the mother country, and removing into a neighbouring territory are punifhed by municipal law, if they take arms againft the country in which they were bora. Now furely acquiefcence can fcarcely be conftrued into confent, while the individuals concerned are wholly unapprifed of the authority intended to be refted upon it. * Mr. Locke, the great champion of the doctrine of an original contract, has been aware of this, difficulty, and therefore obferves, that " a tacit confent indeed obliges a man to obey the laws of any government, as long as he has any poffeffions, or enjoyrruent of any part of the dominions of that government; but nothing can make a man a member of the commonwealth, but his actually entering into it by pofitive engagement, and exprefs promife and compact, f" A fingular diftinction ; implying upon the face of it, that an acquiefcence, fuch as has juft been de- fcribed, is fufficient to render a man amenable to the penal re- gulations of fociety ; but that his own confent is neceffary to entitle him to its privileges. A third objedion to the focial contract will fuggefl itfelf, as Orer how r !■' • 1 r 1 1 i" . l° n £ a period ioon as we attempt to aicertain the extent 01 the obligation, even does the con- tract extend ? * See Hume's EfTays. Part II. Eflay xii. f Xreatife of Government. Book II. Ch. viii. j. 119, 122. U fuppofing 146 OF THE SOCIAL CONTRACT. BOOK ill. fuppofing it to have been entered into in the moft folemn man^ * v ' ner by every member of the community. Allowing that I am: called upon, at the period of my coming of age for example, to declare my afTent or diffent to any fyftem of opinions or any code of practical inftitutes ; for how long a period does this de- claration bind me ? : Am I precluded from better information for the whole courfe of my life ? And, if not for my whole life, why for a year, a week or even an hour ? If my deliberate judgment or my real fentiment be of. no avail in the cafe, in what fenfe can it be affirmed that all lawful government is--: founded in my confent r JwT S of at But the queftion of time is not the only difficulty. If you propofkions ? demand m y a fl* en t to any propofition, it is neceffary that the propofition fhould be ftated fimply and clearly. So numerous are the varieties of human underftanding, in all cafes where its independence and integrity are fufficiently preferved, that there is little chance of any two men coming to, a precife agreement about ten fucceffive proportions that are in their own nature, open to debate. What then can be more abfurd than to prefent to me the laws of England in fifty volumes folio, and call upon me to give an honeft and uninfluenced vote upon their whole . contents at once ? Can It extend But the focial contract, confidered as the foundation of civil to laws heie- aftertobe government, requires more of me than this. I am not only made ? obliged OF THE SOCIAL CONTRACT. i 47 obliged to confent to all the laws that are actually upon record, BOOK ur. b / i > GHAE.II, but to all the laws that fhall hereafter be made. It was under ' y ' this view of the fubject, that Roufleau, in tracing the con- fequences of the focial contract, was led to affert, that " the great body of the people, in whom the fovereign authority refides, can neither delegate nor refign it. The eflence of that autho- rity," he adds, " is the general will ; and will cannot be repre- fented. It mult either be the fame or another ; there is no alternative. The deputies of the people cannot be its reprefen- tatives ; they are merely its attorneys. The laws, that the com- munity does not ratify in perfon, are no laws, are nullities.*" The difficulty here ftated has been endeavoured to be provided AddrefTes of r ... . r adhefion con- againft by fome late advocates for liberty, in the way of addrefles fiderei of adhefion ; addrefles, originating in the various diftricfs and departments of a nation, and without which no regulation of conftitutional importance is to be deemed valid. But this is a very inadequate and fuperficial remedy. The addreflers of courfe have feldom any other remedy than that above defcribed, of in- * " La fouverainete ne part it re reprefcntee,par lameme ralfon quelle lie pent ctre alienee ; elle conjijte eJJenUellement dans la volont'e generate, et la volonte tie fe rcpre- fente point : elle ejl la me me, ou elle ejl autre ; il ti'y a point de milieu. Les deputes du peuple tie font done point fes reprefentans, Us tie font que fes commijfaires ; /'// ne peuvent , rien conclure dejinitivement. Touie loi que le peuple en pcrfonne n'a pas ratijiee, ejl , fOiUe ; cc n' 'ejl point tine loi." Du Contract Social. Liv. III. Chap, xv, U 2. difcriminate 148 OF THE SOCIAL CONTRACT. H?, , 1 ^ l }}' difcriminate admuTion or rejection. There is an infinite difFer- CHAP. II. J y i ' ence between the firft deliberation, and the fubfequent exercife of a negative. The former is a real power, the latter is feldorrs more than the fhadow of a power. Not to add, that addrefles are a moft precarious and equivocal mode of collecting the fenfe of a nation. They are ufually voted in a tumultuous and fum- mary manner; they are carried along by the tide of party ; and the fignatures- annexed to them are obtained by indirect and ao* cidental methods, while multitudes of byftanders, unlefs upon fome extraordinary occafi on, remain. ignorant of or indifferent, to the tranfaction. Power of a majority. Laftly, if government be founded in the confent of the people,, it can have no power over any individual by whom that confent is refufed. If a tacit confent be not fufHcient, ftill lefs can I be deemed to have confented to a meafure upon which I put an exprefs negative. This immediately follows from the obferva- tions of Rouffeau. If the people, or the individuals of whom the people is conftituted, cannot delegate their authority to a re- prefentative ; neither can any individual delegate his authority to a majority, in an aflembly of which he is himfelf a member. The rules by which my actions ihall be directed are matters of a confideration entirely perfonal ; and no man can transfer to another the keeping of his confeience and the judging of his duties. But this brings us bac-k to the point from which we fet . out». OF THE SOCIAL CONTRACT. 149 out. No confent of ours can diveft us of our moral capacity. BOOK III* r ' CHAP. 11. This is a fpecies of property which we can neither barter nor *— n • refign ; and of confequence it is impoflible for any government to derive its authority from an original contract, CHAP. I 150 ] CHAP. III. OF PR O M I S E S. "THE VALIDITY OF PROMISES EXAMINED. — SHEWN TO BE IN- CONSISTENT WITH JUSTICE. TO BE FOREIGN TO THE GENERAL GOOD. OF THE EXPECTATION EXCITED. THE FULFILLING EXPECTATION DOES NOT IMPLY THE VALI- DITY OF A PROMISE. CONCLUSION. BOOK ill. HHHE whole principle of an original contract proceeds upon ^r — x—- 1 ■*■ the obligation under which we are placed to obferve our lne validity ° ■ ofpromif-s promifes. The reafoning upon which it is founded is, " that we .•examined. x , have promifed obedience to government, and therefore are bound to obey." It may confequently be proper to enquire into the na- ture of this obligation to obferve our promifes. Shewn to be We have already eftablifhed juftice as the fum of moral and inconfiftent awithjufticej political duty. Is juftice then in its own nature precarious or immutable ? Surely immutable. As long as men are men, the conduct I am bound to obferve refpedting them muft remain the fame. A good man muft always be the proper object of my fupport and cooperation ; vice of my cenfure ; and the vicious :man of inftruclion and reform. 1 What OF PROMISES. rji What is it then to which the obligation of a promife applies ? BOOK ill. Ori.rVl . Ill* What I have promifed is either right, or wrong, or indifferent. There are few articles of human conduct that fall under the latter clafs ; and the greater fhall be our improvements in moral fcience the fewer ftill will they appear. Omitting thefe, let us then con- fider only the two preceding claffes. " I have promifed to do fomething juft and right." This certainly I ought to perform. Why? Not becaufe I promifed, but becaufe juftice prefcribes it. " I have promifed to bellow a fum of money upon fome good and refpectable purpofe. In the interval between the promife and my fulfilling it, a greater and nobler purpofe offers itfelf, and calls with an imperious voice for my cooperation." Which ought I to prefer ? That which beft deferves my preference. A promife can make no alteration in the cafe. I ought to be guid- ed by the intrinfic merit of the objects, and not by any external and foreign confideration. No engagements of mine can change their intrinfic claims. All this muft be exceedingly plain to the reader who has follow- ed me in my early reafonings upon the natnre of juftice. If every Hulling of our property, every hour of our time and every faculty of our mind, have already received their deftination from the prin- ciples of immutable juftice, promifes have no department left up- on which for them to decide. Juftice it appears therefore ought to be done, whether we have promifed it or not. If we difcover any thing to be unjuft, we ought to abftain from it, with what- ever . 152 OE PROMISES. BOOX ill. e ver folemnity we have engaged for its perpetration. We were CHAP. III. J ° ° A * v v ' erroneous and vicious when the promife was made ; but this affords no fufficient r.eafon for its performance. •tote fo- : But it will be faid, " if promifes be not made, or when made reign to ge- _ _ , jieral good, be not fulfilled, how can the affairs of the world be carried on ? By rational and intelligent beings acting as if they were rational and intelligent. A promife would perhaps be fufficiently inno- cent, if it were underftood merely as declaratory of intention, and not as precluding farther information. Even in this reftrained fenfe however it is far from being generally neceffary. "Why mould it be fuppofed that the affairs of the world would not go on fufficiently well, though my neighbour could no farther de- pend upon my affiftance than it appeared rational to grant it ? This would be a fufficient dependence if I were honeft, nor would he if he were honeft defire any thing more. If I were difhoneft, if I could not be bound by the reafon and juftice of the cafe, it would afford him a flender additional dependence to callin the aidof a principle founded in prejudice and miftake : not to fay, that, let it afford ever fo great advantage in any par- ticular cafe, the evil of the immoral precedent would outweigh the individual advantage. It may be farther objected, " that this principle might be fuf- ficiently fuited to a better and more perfect ftate of fociety, but that at prefent there are difhoneft members of the community, who OF PROMISES. 153 who will not perform their duty, if they be not bound to it by 52?p "J* fome groffer motive, than the mere moral confederation." Be ' v it fo. This is a queftion altogether different from that we have been examining. We are not now enquiring whether the com- munity ought to animadvert upon the errors of its members. This animadverfion the upright man is not backward to encoun- ter, and willingly rifks the penalty, which the fociety (for the fociety is more competent to afcertain the jufl amount of the penalty than the preceding caprice of the parties) has awarded in cafes apparently fimilar, if he conceive that his duty requires from him that rifk. But to return to the cafe of promifes. I fhall be told, that, Oftheexpec tation exci- " in choofing between two purpofes about which to employ my ted. money, my time or my talents, my promife may make an effen- tial difference, and therefore having once been given ought to be fulfilled. The party to whom it was made has had expecta- tions excited in him, which I ought not to difappoint ; the party to whom I am under no engagement has no fuch difappointr ment to encounter." What is this tendernefs to which I am bound, this expectation I muft not dare to difappoint ? An ex- pectation that I mould do wrong, that I mould prefer a lefs good to a greater, that I fhould commit abfolute evil ; for fuch mufl be the refult when the balance has been flruck. " But his expecta- tion has altered the nature of his fituation, has engaged h'm in X under- 154 OF PROMISES. jE9?3HJ?" undertakings from which he would otherwife have abftained." CHAP. III. & * *— — J Be it fo. He and all other men will be taught to depend more upon their own exertions, and lefs upon the affiftance of others > which caprice may refufe, or juftice oblige me to withhold. He and all others will be taught to acquire fuch merit, and to en- gage in fuch purfuits, as fhall oblige every honeft man to come to their fuccour, if they fhould ftand in need of affiftance. The refolute execution of juftice, without liftening to that falfe pity, which, to do imaginary kindnefs to one, would lead us to injure the whole, would in a thoufand ways increafe the independence^, the energies and the virtue of mankind.. L t>* Hiife. The fulfilling Let us however fuppofe, " that my conduct ought to be in- expeftation does not im- fluenced by this previous expectation of the individual." Let ply the validi- ty of a pro- us fuppofe, " that, in felecting an individual for a certain office,. my choice ought not to be governed merely by the abftracT: fitnefs of the candidates, but that I ought to take into the account the extreme value of the appointment from certain circumftances to- one of the candidates, and its comparative inutility to the other.'*' Let us farther fuppofe, " that the expectation excited in one of them has led him into ftudies and purfuits to qualify himfelf for the office, which will be ufelefs if he do not fucceed to it ; and that this is one of the confiderations which ought to govern my determination." — All this does not come up to what we have been taught refpecting the obligation ef a promife, 2 For, OF PROMISES. i 55 For, firft, It may be obferved, that it feems to be of little con- BOOK HI. CHAP, III, iequence in this ftatement, whether the expectation were excited by a direct promife or in fome other manner, whether it were excited by a declaration of mine or of a third perfon, or laftly> whether it arofe fingly out of the reafon of the cafe and the pure deductions and reflections of the expecter's mind. Upon every one of thefe fuppofitions his conduct, and the injury he may fuftain from a difappointment, will remain the fame. Here then all that has been commonly underftood by the obligation of a promife is excluded. The motive to be attended to, flows from no folemn engagement of mine, but from an incidental confe- quence of my declaration, and which might juft as eafily have been the confequence of many other circumftances. The con- federation by which it becomes me to be influenced is, not a re- gard for veracity, or a particular defire to preferve my integrity, both of which are in reality wholly unconcerned in the tranfac- tion, but an attention to the injury to be fuftained by the lofing candidate, whatever might be the original occafion of the conduct out of which the injury has proceeded. Let us take an example of a dill fimpler nature. " I live in. Weftminfter ; and I engage to meet the captain of a fhip from Blackwal at the Royal Exchange. My engagement is of the nature of information to him, that I fhall be at the Exchange at a certain hour. He accordingly lays afide his other bufinefs, and comes thither to meet me." This is a reafon why I fhould X 2 not 156 OF PROMISES. chap, in not *" a ^ ^ m un ^ e ^" s f° r f° me ver 7 material caufe. But it would v ' feem as if the reafon why I fhould not fail him would be equally cogent, if I knew from any other fource that he would be there,, and that a quantity of convenience equal to the quantity upon the former fuppofition would accrue from my meeting him. It may be faid, " that it is eflential to various circumftances of human in- tercourse, that we fhould be able to depend on each other for a fteady adherence to engagements of this fort." The flatement however would be fomewhat more accurate if we faid, " that it Was eflential to various circumftances of human intercourfe, that we fhould be known to beftow a fteady attention upon the quantities of convenience or inconvenience, of good or evil, that might arife to others from our. conduit." ConclufioB. It is undoubtedly upon this hypothefis a part of our duty to make as few promifes or declarations exciting appropriate expectations as poflible. He . who lightly gives to another the idea that he will govern himfelf in his future conduct, not. by the views that fhall be prefent to his mind when the conduct {hall come to be determined on, but by the view he fhall be able to take of it at fome preceding period, is vicious in fo doing. But the obligation he is under refpe&ing his future conduit is, to acT; juftly, and not, becaufe he has committed one error, for that reafon to become guilty of a fecond* i GHAP. [ '57 3' CHAP. IV. OF POLITICAL AUTHORITY. COMMON DELIBERATION THE TRUE FOUNDATION OF GO- VERNMENT — PROVED FROM THE EQUAL CLAIMS OF MANKIND — FROM THE NATURE OF OUR FACULTIES FROM THE OBJECT OF GOVERNMENT FROM THE EF- FECTS OF COMMON DELIBERATION. — DELEGATION VIN- DICATED.- — DIFFERENCE BETWEEN THE DOCTRINE HERE MAINTAINED AND THAT OF A SOCIAL CONTRACT AP- PARENT FROM THE MERELY PROSPECTIVE NATURE OF THE FORMER — FROM THE NULLITY OF PROMISES — FROM THE FALLIBILITY OF DELIBERATION. — CONCLUSION.. H AVING rejected the hypothefes that have moll generally BOOK III. been adduced to account for the origin of government v v 1 confidently with the principles of moral juftice, let us enquire whether we may not arrive at the fame object, by a fimple in- yeftigation of the obvious reafon of the cafe, without having re- courfe to any refinement of fyftem or fiction of procefs. Government then being introduced for the reafons already Common de- liberation the afligned, the firft and moft important principle that can be ima- tp e founda- tion of go- gined relative to its form and ftru&ure, feems to be this ; that, as vemment * government i 5 S OF POLITICAL AUTHORITY. B00 £ £?' government is a tranfaction in the name and for the benefit of CHAP. iv. b y * — J ;the whole, every member of the community ought to have fome fhare in its adminiftration. The arguments in fupport of this proportion are various. proved from i. It has already appeared that th^re is no criterion perfpicuoufly defignating any one man or fet of men to prefide over the reft. claims of ■ mankind from the na- 2. All men are partakers of the common faculty reafon, and may ture of our faculties : be fuppofed to have fome communication with the common pre- ceptor truth. It would be wrong in an affair of fuch momen- tous concern, that any chance for additional wifdom fhould be rejected ; nor can we tell in many cafes till after the experiment how eminent any individual may one day be found in the bufi- nefs of guiding and deliberating for his fellows. from the ob- 3. Government is a contrivance inftituted for the fecurity of in- ject of go- vernment : dividuals ; and it feems both reafonable that each man fhould have a lhare in providing for his own fecurity, and probable that partiality and cabal fhould by this means be mofb effectually ^excluded. from the ef- 4. Laftly, to give each man a voice in the public concerns comet fefts of com- mon deiibe- neareft to that admirable idea of which we fhould never lofe ration. fight, the uncontrolled exercife of private judgment. Each man would thus be infpired with a confcioufnefs of his own import- ance, OF POLITICAL AUTHORITY. 159 ance, and the flavifh feelings that fhrink up the foul in the pre- B00K n r« r r CHAP. IV. fence of an imagined fuperior would be unknown. ' v * ' Admitting then the propriety of each man having a fliare in directing the affairs of the whole in the firfl inftance, it feems neceffary that he fhould concur, in electing a houfe of reprefenta- tives, if he be the member of a large ftate ; or, even in a fmall one, that he fhould affift in the appointment of officers and ad- miniftrators ; which implies, firfl, a delegation of authority to thefe officers, and, fecondly, a tacit confent, or rather an admiffion of the neceffity, that the queftions to be debated fhould abide the decifion of a majority. But to this fyftem of delegation the fame objections may be Delegation vindicated. urged, that were cited from RoufTeau in the chapter of the Social Contract. It may be alleged that, " if it be the bufinefs of every man to exercife his own judgment, he can in no inftance fur- render this function into the hands of another." To this objection it may be anfwered, firfl, that the parallel is by no means complete between an individual's exercife of his* judgment in a cafe that is truly his own, and his exercife of his judgment in an article where the neceffity and province of go- vernment are already admitted. Wherever there is a government there muft be a will fuperfeding that of individuals. It is abfurd to j6o OF POXITICAL AUTHORITY. 529 p ^v' tG eK P e & that every member of a fociety mould agree with every other member in the various meafures it may be found neceffary 'to adopt. The fame neceflity, that requires the introduction of force to fupprefs injuftice on the part of a few, requires that the fentiments of the majority mould direct that force, and that the minority mould either fecede, or patiently wait for the period when the truth on the fubject contefted Ihall be generally un- derftood. ♦ — Secondly, delegation is not, as at firft fight it might appear to be, the act of one man committing to another a function, which ftrictly fpeaking it became him to exercife for himfelf. Delega- tion, in every inftance in which it can be reconciled with juflice, is an act which has for its object the general good. The indivi- duals to whom the delegation is made, are either more likely from talents or leifure to perform the function in the moft eligi- ble manner, or at leaft there is fome public intereft requiring that it mould be performed by one or a few perfons, rather than by every individual for himfelf. This is the cafe, whether in that firft and fimpleft of all delegations the prerogative of a majority, or in the election of a houfe of reprefentatives, or in the appoint- ment of public officers. Now all conteft as to the perfon who ihall exercife a certain function, and the propriety of refigning it, is frivolous, the moment it is decided how and by whom it can moft advantageoufly be exercifed. It is of no confequence that OF POLITICAL AUTHORITY. 161 that I am the parent of a child, when it has once been afcertain- B°Q K ill. ed that the child will receive greater benefit by living under the \ 1 ' fuperintendence of a ftranger. Laftly, it is a miftake to imagine that the propriety of reftrain- ing me when my conduct is injurious, rifesout of any delegation of mine. The juftice of employing force when every other means was infufficient, is even prior to the exiftence of fociety. Force ought never to be reforted to but in cafes of abfolute ne- ceflity ; and, when fuch cafes occur, it is the duty of every man to defend himfelf from violation. There is therefore no delega- tion neceflary on the part of the offender ; but the community in the cenfure it exercifes over him ftands in the place of the in- jured party. It may perhaps by fome perfons be imagined, that the doctrine Difference between the here delivered of the juftice of proceeding in common concerns doctrine here maintained by a common deliberation, is nearly coincident with that other and that of a focial con. doctrine which teaches that all lawful government derives its traa appa- rent : authority from a focial contract. Let us confider what is the true difference between them. In the firft place, the doctrine of common deliberation is of a f r°m the merely pro- profpective, and not a retrofpective nature. Is the queftion re- fpeftive na- ture of the fpecting fome future meafure to be adopted in behalf of the fjrm er: community ? Here the obligation to deliberate in common pre- Y fents 162 OF POLITICAL AUTHORITY. CHAP. IV v. rw a p ru ^" ents *&ti£> as eminently to be preferred to every other mode of deciding upon the interefts of the whole. Is the queftion whether I fhall yield obedience to any meafure already promul-- gated ? Here I have nothing to do with the confideration of how the meafure originated ; unlefs perhaps in a country where common deliberation has in fome fort been admitted as a Hand- ing principle, and where the object may be to refift an innova- tion upon this principle. In the cafe of fhip money under king Charles the firft, it was perhaps fair to refift the tax, even fup- pofing it to be abftracledly a good one, upon account of the au- thority impofing it ; though that reafon might be infufHcient, in a country unufed to reprefentative taxation. • Exclufively of this confideration, no meafure is to be refilled on account of the irregularity of its derivation. If it be juft, it is entitled both to my chearful fubmiffion and my zealous fup- port. So far as it is deficient in juftice, I am bound to refift. My fituation in this refpecl: is in no degree different from what it was previoufly to all organifed government. Juftice was at that time entitled to my affent, and injuftice to my difapproba- tion. They can never ceafe to have the fame claims upon me, till they fhall ceafe to be diftinguifhed by the fame unalterable properties. The meafure of my refiftance will however vary with circumftances, and therefore will demand from us a fepa- rate examination. Secondly, OF POLITICAL AUTHORITY. 163 Secondly, the diftinction between the doctrine here advanced BOOK III. J ' CHAP. IV. and that of a focial contract will be better underftood, if we re- r v ' From the collect what has been faid upon the nature and validity of pro- nulllt ) r of * / sr prorruks 3 mifes. If prornife be in all cafes a fallacious mode of binding a man to a fpecific mode of action, then mull the argument be in all cafes impertinent, that I confented to fuch a decifion, and am therefore bound to regulate myfelf accordingly. It is impoffible to imagine a principle of more injurious tendency, than that which fhall teach me to difarm my future wifdom by my paft folly, and to confult for my direction the errors in which my ig- norance has involved me, rather than the code of eternal truth. So far as confent has any validity, abftract juftice becomes a matter of pure indifference : fo far as juftice deferves to be made the guide of my life, it is in vain to endeavour to fhare its au- thority with compacts and promifes. We have found the parallel to be in one refpect incomplete from the fallibility of between the exercife of thefe two functions, private judgment deliberation. and common deliberation. In another refpect the analogy is exceedingly ftriking, and confiderable perfpicuity will be given to our ideas of the latter by an illuftration borrowed from the former. In the one cafe as in the other there is an obvious principle of juftice in favour of the general exercife. No indi- vidual can arrive at any degree of moral or intellectual improve- ment, unlefs in the ufe of an independent judgment. No ftate Y 2 can 164 OF POLITICAL AUTHORITY. ch\p iv' can ^ e We ^ or happily adminiftered, unlefs in the perpetual ufe *■ * ' of common deliberation refpecting the meafures it may be requi- fite to adopt. But, though the general exercife of thefe faculties be founded in immutable juftice, juftice will by no means uni- formly vindicate the particular application of them. Private judgment and public deliberation are not themfelves the ftandard of moral right and wrong ; they are only the means of difco- vering right and wrong, and of comparing particular propor- tions with the ftandard of eternal truth. Condufion. Too much ftrefs has undoubtedly been laid upon the idea, as of a grand and magnificent fpectacle, of a nation deciding for itfelf upon fome great public principle, and of the higheft magiftracy yielding its claims when the general voice has pronounced* The value of the whole muft at la-ft depend upon the quality of their decifion. Truth cannot be made more true by the number of its votaries. Nor is the fpectacle much lefs interefting, of a folitary individual bearing his undaunted teftimony in favour of juftice, though oppofed by mifguided millions. Within certain limits however the beauty of the exhibition muft be acknow- ledged. That a nation fhould dare to vindicate its function of common deliberation, is a ftep gained, and ra ftep that inevitably leads to an improvement of the character of individuals. That men fhould unite in the affertion of truth, is no unpleafing evi- dence of their virtue. Laftly, that an individual, however great may - OF POLITICAL AUTHORITY. 165 may be his imaginary elevation, mould be obliged to yield his ^0 K TTI - perfonal pretenfions to the fenfe oi the community, at leaft l « ' bears the appearance of a practical confirmation of the great principle, that all private confiderations muft yield to the gene- ral good. CHAP. r m ] CHAP. V. OF LEGISLATION. SOCIETY CAN DECLARE AND INTERPRET, BUT CANNOT ENACT. — ITS AUTHORITY ONLY EXECUTIVE. BOOK in. T TAVING thus far inveftigated the nature of political func- CHAP. V B I v , v / tions, it feems neceffary that fome explanation fhould be given in this place upon the fubjecl: of legiflation. Who is it that . has the authority to make laws ? What are the characteriftics by which that man or body of men is to be known, in whom the faculty is vefted of legiflating for the reft ? Society can To thefe queftions the anfwer is exceedingly Ample : Legifla- declare and interpret, but tion, as it has been ufually underftood, is not an affair of human cannot enaft. competence. Reafon is the only legiflator, and her decrees are irrevocable and uniform. The functions of fociety extend, not to the making, but the interpreting of law ; it cannot decree, it can only declare that, which the nature of things has already decreed, and the propriety of which irrefiftibly flows from the circumftances of the cafe. Montefquieu fays, that " in a free 3 , ft ate OF LEGISLATION. 167 ftate every man will be his own legiflator *." This is not true, chap. 1 "' fetting apart the functions of the community, unlefs in the * « ' limited fenfe already explained. It is the office of confcience to determine, " not like an Afiatic cadi, according to the ebbs and flows of his own paffions, but like a Britifh judge, who makes no new law, but faithfully declares that law which he finds al- ready writtenf." The fame diftinclion is to be made upon the fubject of autho- Its authon'ty only execu- rity. All political power is ftrictly fpeaking executive. It has tive. appeared to be neceflary, with refpect to men as we at prefent find tbem, that force mould fometimes be employed in reprefling injuftice ; and for the fame reafons it appears that this force fhould as far as poffible be veiled in the community. To the public fupport of juftice therefore the authority of the commu- nity extends. But no fooner does it wander in the fmalleft degree from the great line of juftice, than its authority is at an end, it ftands upon a level with the obfcureft individual, and every man is bound to refift its decifions. * " Dans un etat libre, tout homme qui ejl cenfe avoir une ame libre, chit etre gouver- nipar lui-meme." Efprit des Loix, Liv. XI. CL vi.. t Sterne's Sermons. — " On a Good Confcience." CHAP. [ x<58 ] CHAP. VI. OF OBEDIENCE. OBEDIENCE NOT THE CORRELATIVE OF AUTHORITY. — NO MAN BOUND TO YIELD OBEDIENCE TO ANOTHER. — CASE OF SUBMISSION CONSIDERED. — FOUNDATION OF OBEDI- ENCE. USEFULNESS OF SOCIAL COMMUNICATION. CASE OF CONFIDENCE CONSIDERED. — ITS LIMITATIONS. — MIS- CHIEF OF UNLIMITED CONFIDENCE. SUBJECTION EX- PLAINED. BOOK III. J"AVING enquired into the juft and legitimate fource of H ■*■ - 1 authority, we will next turn our attention to what has ufually been confidered as its correlative, obedience. This has always been found a fubject of peculiar difficulty, as well in re- lation to the meafure and extent of obedience, as to the fource of our obligation to obey. Obedience The true folution will probably be found in the obfervation not the cor- relative of that obedience is by no means the proper correlative. The ob~ authority. je£t of government, as has been already demonftrated, is the exertion of force. Now force can never be regarded as an ap- peal to the underftanding ; and therefore obedience, which is an ad OF OBEDIENCE. 691 a£t of the underftandin£ or will, can have no legitimate connec- BOOK III. ° b CHAP. VI. tion with it. I am bound to fubmit to juftice and truth, be- ' • ' caufe they approve themfelves to my judgment. I am bound to co-operate with government, as far as it appears to me to coin- cide with thefe principles. But I fubmit to government when I think it erroneous, merely becaufe I have no remedy. o No truth can be more fimple, at the fame time that no truth No man bound to has been more darkened by the gloffes of interefted individuals, yield obedi- ence to than that one man can in no cafe be bound to yield obedience another. to any other man or fet of men upon earth. There is one rule to which we are univerfally bound to con- form ourfelves, juftice, the treating every man precifely as his ufefulnefs and worth demand, the acting under every circum- ftance in the manner that fhall procure the greateft quantity of general good. "When we have done thus, what province is there left to the difpofal of obedience ? I am fummoned to appear before the magiftrate to anfwer Cafeoffub- miffion confi- for a libel, an imaginary crime, an act which perhaps I am con- dered. vinced ought in no cafe to fall under the animadverfion of law. I comply with this fummons. My compliance proceeds, perhaps from a conviction that the arguments I fhall exhibit in the court form the beft refiftance I can give to his injuftice, or perhaps Z from 170 OF OBEDIENCE. B HA J p vt' ^ r0m perceiving that my non-compliance would frivoloufly and * « ' without real ufe interrupt the public tranquillity. A quaker refufes to pay tithes. He therefore fuffers a tithe proclor to diftrain upon his goods* In this action morally fpeak- ing he does wrong. The diftindtion he makes is the argument of a mind that delights in trifles. That which will be taken from o me by force, it is no breach of morality to deliver with my own hand. The money which the robber extorts from me, I do not think it neceflary to oblige him to take from my perfon. If I . walk quietly to the gallows, this does not imply my confent to be hanged. In all thefe cafes there is a clear diftindtion between my com- pliance with juftice and my compliance with injuftice. I con- form to the principles of juftice, becaufe I perceive them to be intrinfically and unalterably right. I yield to injuftice, though I perceive that to which I yield to be abftractedly wrong, and only choofe the leaft among inevitable evils. Foundation T^e ca f e f volition, as it is commonly termed, feems parallel of obedience. to that of intellect. You prefent a certain propofition to my mind, to which you require my affent. If you accompany the propofition with evidence calculated to fhew the agreement be- tween the terms of which it confrfts, you may obtain my aflent. I If OF OBEDIENCE. i 7 i If you accompany the proportion with authority, telling me BOOK III. that you have examined it and find it to be true, that thoufands k * ' of wife and difinterefted men have admitted it, that angels or Gods have affirmed it, I may affent to your authority; but, with refpe£t to the propofition itfelf, my underftanding of its reafonablenefs, my perception of that in the propofition which ftrictly fpeaking conftitutes its truth or its falfhood, remain juft as they did. I believe fomething elfe, but I do not believe the propofition. Juft fo in morals. I may be perfuaded of the propriety of yielding compliance to a requifition the juftice of which I can- not difcern, as I may be perfuaded to yield compliance to a re- quifition which I know to be unjuft. But neither of thefe requifitions is ftrictly fpeaking a proper fubject of obedience. Obedience feems rather to imply the unforced choice of the mind and affent of the judgment. But the compliance I yield to government, independently of my approbation of its mea- sures, is of the fame fpecies as my compliance with a wild beaft, that forces me to run north, when my judgment and inclination prompted me to go fouth. But, though morality in its pureft conftruction altogether Ufefulnefs of - ' facial com- ■cxcludes the idea of one man s yielding obedience to another, munication. yet the greateft benefits will refult from mutual communication. There is fcarcely any man, whofe communications will not Z 2 fome- 172 OF OBEDIENCE. chap vt' f° met i m ' es enlighten my judgment and rectify my conduit. But the perfons to whom it becomes me to pay particular attention in this refpecl:, are not fuch as may exercife any particular magiftracy, but fuch, whatever may be their ftation, as are wifer or better informed in any refpecl than myfelf. Cafe of con- fidence confi- dered. There are two ways in which a man wifer than myfelf may be of ufe to me ; by the communication of thofe arguments by which he is convinced of the truth of the judgments he has formed ; and by the communication of the judgments them- felves independent of argument. This laft is of ufe only in re- fpect to the narrownefs of our own understandings, and the time that might be requifite for the acquifition of a fcience of which we are at prefent ignorant. On this account I am not to be blamed, if I employ a builder to conftrudt me a houfe, or a mechanic to fink me a well ; nor fhould I be liable to blame, if I worked in perfon under their direction. In this cafe, not having opportunity or ability to acquire the fcience myfelf, I truft to the fcience of another. I choofe from the deliberation of my own judgment the end to be purfued ; I am convinced that the end is good and commendable ; and, having done this, I commit the felection of means to a perfon whofe qualifications are fuperior to my own. The confidence repofed in this in- ftance is precifely of the nature of delegation in general. No term furely can be more unapt than that of obedience, to exprefs our duty towards the overfeer we have appointed in our affairs. 3 Similar OF OBEDIENCE. 173 Similar to the confidence I repofe in a fkilful mechanic is the B00K: Iir - r CHAP. VI. attention which ought to be paid to the commander of an army. v - It is my duty in the firft place to be fatisfied of the goodnefs of the caufe, of the propriety of the war, and of the truth of as many general propofitions concerning the conduct of it, as can pofhbly be brought within the fphere of my understanding. It may well be doubted whether fecrecy be in any degree neceffary to the conduct of war. It may be doubted whether treachery and fur- prife are to be clafled among the legitimate means of defeating our adverfary. But after every deduction has been made for considerations of this fort, there will ftill remain cafes, where fomething muft be confided, as to the plan of a campaign or the arrangement of a battle, to the fkill, fo far as that fkill really exifts, of the commander. When he has explained both to the utmoft of his ability, there may remain parts, the propriety of which I cannot fully comprehend, but which I have fufncient reafon to confide to his judgment. tions. This doctrine however of limited obedience, or, as it may ItsBauta- more properly be termed, of confidence and delegation, ought to be called into action as feldom as poffible. Every man mould difcharge to the utmoft practicable extent the duties which arife from his fituation. If he gain as to the ability with which they may be difcharged, when he delegates them to another, he lofes with refpect to the fidelity ; every one being confcious of the fincerity of his own intention, and no one having equal proof of 174 OF OBEDIENCE. ch°\p l \k °^ t1aat °^ anotner * A. virtuous man will not fail to perceive the 1 » ' obligation under which he is placed to exert his own under- Handing, and to judge for himfelf as widely as his circumftances will permit. Mifchief of unlimited confidence. The abufe of the doctrine of confidence has been the fource of more calamities to mankind than all the other errors of the human underftanding. Depravity would have gained little ground in the world, if every man had been in the exercife of his inde- pendent judgment. The inftrument by which extenfive mif- chiefs have in all ages been perpetrated has been, the principle of many men being reduced to mere machines in the hands of a few. Man, while he confults his own underftanding, is the or- nament of the univerfe. Man, when he furrenders his reafon, and becomes the partifan of implicit faith and paffive obedience, is the moft mifchievous of all animals. Ceafing to examine every proportion that comes before him for the direction of his con- duel, he is no longer the capable fubjecT: of moral inftru&ion. He is, in the inflant of fubmiffion, the blind inftrument of every nefarious purpofe of his principal ; and, when left to himfelf, is open to the fedu&ion of injuftice, cruelty and profligacy. SubiefHon •explained. Thefe reafonings lead to a proper explanation of the word fubjecl. If by the fubjec~t of any government we mean a perfon whofe duty it is to obey, the true inference from the preceding principles is, that no government has any fubjeets. If on the contrary OF OBEDIENCE. 175 contrary we mean a perfon, whom the government is bound to TOOK ill. protect, or may juftly reftrain, the word is fufficiently admifhble. k * ' This remark enables us to folve the long-difputed queftion, what it is that conftitutes a man the fubject of any government. Every man is in this fenfe a fubject, whom the government is competent to protect on the one hand, or who on the other, by the violence of his proceedings, renders force requifite to prevent him from difturbing that community, for the prefervation of whofe peace, the government is inftituted* APPENDIX. [ '& 3 APPENDIX. MORAL PRINCIPLES FREQUENTLY ELUCIDATED BY INCI- DENTAL REFLECTION — BY INCIDENTAL PASSAGES IN VARIOUS AUTHORS. — EXAMPLE. chap vr T" ^ w *^ generally be found that, even where the truth upon v - — » ' -*• any fubiett has been moft induftrioufly obfcured, its occa- Appendix. J J J » Moral pnn- f 10na i irradiations have not been wholly excluded. The mind ciples ire- / cidatcdb U " nas no f° oner obtained evidence of any new truth, efpecially in fle&ionr- "" tne f c i ence °f morals, but it recollects numerous intimations of that truth which have occafionally fuggefted themfelves, and is aftonifhed that a difcovery which was perpetually upon the eve of being made, fhould have been kept at a diftance fo long. by ind- This is eminently the cafe in the fubjecl: of which we are fages in va- treating. Thofe numerous pafTages in poets, divines * and phi- rious authors. lofophers, which have placed our unalterable duty in the ftrongeft contraft with the precarious authority of a fuperior, and have taught us to difclaim all fubordination to the latter, have always been received by the ingenuous mind with a tumult of applaufe. There is indeed no fpecies of compofition, in which the feeds of * " Be not afraid of them that kill the body, and after that have no more that they can do." Luke, Ch. XII. Ver. 4. a morality OF OBEDIENCE. *77 a morality too perfect for our prefent improvements in fcience, BOOK ill. CHAP. VI. may more reafonably be expected to difcover themfelves, than in k — ■*« ' Aptendix. works of imagination. When the mind fhakes off the fetters of prefcription and prejudice, when it boldly takes a flight into the world unknown, and employs itfelf in fearch of thofe grand and interesting principles which mall tend to impart to every reader the glow of enthufiafm, it is at fuch moments that the enquiring and philofophical reader may expect to be prefented with the materials and rude (ketches of intellectual improvement*. Among the many paflages from writers of every denomina- Example, tion that will readily fuggeft themfelves under this head to a well informed mind, we may naturally recollect the fpirited reafoning of young Nerval in the tragedy of Douglas, when he * This was the opinion of the celebrated Mr. Turgot. a He thought that the moral fentiments of mankind might be confiderably strengthened, and the perception of them rendered more delicate and precife, either by frequent ex- ercife, or the perpetually fubjedting them to the anatomy of a pure and en- lightened underftanding. For this reafon he confidered romances as holding a place among treatifes cf morality, and even as the only books in which he was aware of having feen moral principles treated in an impartial manner." " Mi Turgot penfoit qu'tm pent parvenir a fortifier dansles homines leurs fentimens moraux, a les rewire plus dilicats ct plus j'ftes, foit par Pexcrcice de ces fentimens, foit en apprenant a les foumettrc a Vanalyfe d'uue raifon faine et eclair ee. Cejl par ce motif qu'il regardoit les romans comme des livres de morale, et mime dijoit-il, comme les fails oh il cut vu de la morale" Vie de M. Turgot, par M. dc Comhrcct. A a is 178 OF OBEDIENCE. chap vi' * S ca ^ ec * u P on ^7 * orc * Randolph to ftate the particulars of a *7 ' ' conteft in which he is engaged, that lord Randolph may be able to decide between the difputants. " Nay, my good lord, though I revere you much„ My caufe I plead not, nor demand your judgments To the liege lord of my dear native land I owe a fubjefl's homage ; but even him And his high arbitration I reject. Within my bofom reigns another lord. — Honour ; fole judge and umpire of itfelf." Act IV. > Nothing can be more accurate than a confiderable part of the philofophy of this paffage. The term "honour" indeed has been too much abufed, and prefents to the mind too fantaftical an image, to be fairly defcriptive of that principle by which the actions of every intellectual being ought to be regulated. The principle to which it behoves us to attend, is the internal deci- sion of our own underftanding ; and nothing can be more evident than that the fame reafoning, which led Norval to reject the authority of his fovereign in the quarrels and difputes in which he was engaged, ought to have led him to reject it as the regula- tor of any of his actions, and of confequence to abjure that homage which he fets out with referving. Virtue cannot pof- fibly be meafured by the judgment and good pleafure of any man with whom we are concerned. CHAP. I m ] CHAP. VII. OF FORMS OF GOVERNMENT. ARGUMENT IN FAVOUR OF A VARIETY OF FORMS — COMPAR- ED WITH THE ARGUMENT IN FAVOUR OF A VARIETY OF RELIGIOUS CREEDS. — THAT THERE IS ONE BEST FORM OF GOVERNMENT PROVED — FROM THE UNITY OF TRUTH FROM THE NATURE OF MAN. — OBJECTION FROM HUMAN WEAKNESS AND PREJUDICE. — DANGER IN EST ABLISHING AN IMPERFECT CODE. — MANNERS OF NATIONS PRODU- CED BY THEIR FORMS OF GOVERNMENT. — GRADUAL IM- PROVEMENT NECESSARY. — SIMPLICITY CHIEFLY TO BE DESIRED. — PUBLICATION OF TRUTH THE GRAND IN- STRUMENT BY INDIVIDUALS, NOT BY GOVERNMENT THE TRUTH ENTIRE, AND NOT BY PARCELS. — SORT OF PROGRESS TO BE DESIRED. A PROPOSITION that by many political reafoners has BOOK in. CHAP. VII. been vehemently maintained, is that of the propriety of ' v -f Argument in inftituting different political governments fuited to the charac- fav ? ur of a variety of ters, the habits and prejudices of different nations. " The Englifh forms : conftitution," fay thefe reafoners, " is adapted to the thought- fell, rough and unfubmitting chara&er of this iiland race ; the A a 2 flownefs 180 OF FORMS OF GOVERNMENT. char vil fl° wne f s a nd complication of Dutch formality to the phlegma- tic Hollander ; and the fplendour of the grand monarque to the vivacity of Frenchmen, Among the ancients what could be- better afTorted than a pure democracy to the intellectual acute- nefs and impetuous energy of ^the Athenians ; while the hardy and unpoliihed Spartan flourifhed much more under the rugged. and inflexible difcipline of Lycurgus ?. The great art of the legiflator is to penetrate into the true character of the nation with whom he is concerned, and. to difcover the. exact ftructure of government which is calculated to render that nation flourifh- ing and happy." Accordingly an- Engliihman who mould reafon upon thefe poftulata might fay, " It is not neceifary I fhould aflert the Englifh conftitution to be the happieft and fublimeft conception of the human mind ; I do not enquire into= the abftract excellence of that government under which France- made herfelf illuftrious for centuries. I contemplate with en- thufiafm the venerable republics of Greece and Rome. But I am an enemy to the removing ancient land-marks, and difturbing; with our crude devices the wifdom of ages. I regard with horror the Quixote plan, that would reduce the irregular great- nefs of nations to the frigid and impracticable flandard of meta- physeal accuracy*." This. * Thefe arguments bear fome refemblance to thofe of Mr. Burke. It was not neceffary that they fhould do fo precifely, or that we fhould take ad- vantage of the nrgtimeittttm ad hom'mem built upon his fervent admiration of the Englifh OF FORMS OF GOVERNMENT. 181 This queftion has been anticipated in various parts of the BOOK in. prefent work ; but the argument is fo popular and plaufible to a ' * ' fuperfkial view, as juftly to entitle it to a feparate examination. - The idea bears fome refemblance to one which was formerly compared with the ar- infifted upon by certain latitudinarians in religion. " It is gument in fa- vour of a va- impious," faid thev, "to endeavour to reduce all men to uni- riety of reli- gions creeds. formity of opinion upon this fubjecT:. Men's minds are as various as their face?. God has made them fo ; and it is to be prefumed that he is well pleafed to be addrened in difFcrcnt languages, by different names, and with the confenting ardour of difagreeing feels." Thus did thefe reafoners confound the majefty of truth with the deformity of falfhood ; and fuppofe that that being who was all truth, took delight in the errors, the abfurdities, and the vices, for all falfhood in fome way or other engenders vice, of his creatures. At the fame time they were employed in unnerving that activity of mind, which is the fingle fource of human improvement. If truth and falfhood be in reality upon a level, I fhall be very weakly employed in a ftrenuous endeavour either to difcover truth for myfelf, or to imprefs it upon others. Truth is in reality fingle and uniform. There rauft in the That there is one belt Englifh conftitution. Not to fay that we fhall feel ourfelves more at our eafe in examining the queftion generally, than in a perfonal attack ur on this illuftrious and virtuous hero of former times. I nature i8a OF FORMS OF GOVERNMENT. rwAp K vrr" nature or " things be one beft form of government, which all f v * ' intellects, fufficiently roufed from the flumber of favage ignorance, o vernment w j]j b e i rr efiftibly incited to approve. If an equal participation of the benefits of nature be good in itfelf, it muft be good for you and me and all mankind. Defpotifm may be of ufe to keep human beings in ignorance, but can never conduce to render them wife or virtuous or happy. If the general tendency of defpotifm be injurious, every portion and fragment of it muft be a noxious ingredient. Truth cannot be fo variable, as to change its nature by croffing an arm of the fea, a petty brook or an ideal line, and become falfhood. On the contrary it is at all times and in all places the fame. from the unity of truth : from the na- ture of man. The fubje& of legiflation is every where the fame, man. The points in which human beings refemble are infinitely more confiderable than thofe in which they differ. We have the fame fenfes, the fame inlets of pleafure and pain, the fame faculty to reafon, to judge and to infer. The fame caufes that make me happy will make you happy. We may differ in our opi- nions upon this fubjecT: at firft, but this difference is only in pre- judice, and is by no means invincible. An event may often conduce moll to the benefit of a human being, which his erro- neous judgment perhaps regarded with leaft complacency. A wife fuperintendent of affairs would purfue with fteady attention the real advantage of thofe over whom he prefided, carelefs of the temporary dlfapprobation he incurred, and which would laftno 1 longer OF FORMS OF GOVERNMENT. 183 longer than the partial and mifguided apprehenfion from which 589p }} I% it flowed. ^— - — ' Is there a country in which a prudent director of education would propofe fome other object for his labours than to make his pupil temperate and juft and wife ? Is there a climate that requires its inhabitants to be hard drinkers or horfe-jockies or gamefters or bullies, rather than men ? Can there be a corner of the world, where the lover of juftice and truth would find him- felf out of his element and ufelefs ? If no ; then liberty muft be every where better than fl'avery, and the government of recti- tude and impartiality better than the government of caprice. But to this it may be objected that " men may not be every ObjtfUon from human where capable of liberty. A gift however valuable in itfelf, if weaknefs and prejudice. it be intended to be beneficial, muft be adapted to the capacity of the receiver. In human affairs every thing muft be gradual ; and it is contrary to every idea that experience furnifhes of the nature of mind to expect to advance men to a ftate of perfection at once. It was in a fpirit fomewhat fimilar to this, that Solon, the Athenian lawgiver, apologifed for the imperfection of his code, faying, " that he had not fought to promulgate fuch laws as were good in themfelves, but fuch as his countrymen were able to bear." The experiment of Solon feems to be of a dangerous nature. Dang** m eftablifhing A code, fuch as his, bid fair for permanence, and does not an imperfea code. appear *H BOOK III. CHAP. VII. ». . ' OF FORMS OF GOVERNMENT. appear to have contained in it a principle of improvement. He did not meditate that gradual progrefs which was above de- fcribed, nor contemplate in the Athenians of his own time, the root from which were to fpriiig the poffible Athenians of fome future period, who might realife all that he was able to conceive of good fenfe, fortitude and virtue. His inftitutions were rather calculated to hold them down in perpetuity to one certain de- gree of excellence and no more. Manners of This fuggeffion furriifhes us with the real clue to that ftriking nations pro- m \ duced by coincidence between the manners of a nation and the form of its their forms of government, government, which was mentioned in the beginning of the chapter, and which has furnifhed fo capital an argument to the advocates for the local propriety of different forms of government. It was in reality fomewhat illogical in thefe reafoners to employ this as an argument upon the fubjecl, without previoufly afcer- taining which of the two things was to be regarded as a caufe and which .as an effect, whether the government arofe out of the manners of the nation, or the manners of the nation out of the government. The laft of thefe flatements appears upon the whole to be neareft to the fact The government may be in- debted for its exigence to accident or force. Revolutions, as they have mofl frequently taken place in the world, are epochas, in which the temper and wilhes of a nation are leaft confulted*. When it is otherwife, ftill the real effect of the government See Hume's Eflap. Pavt JJ. ElTay xii. which OFOBEDIENCE. i% which is inftituted, is to perpetuate propenfities and fentiments, Jj^fjFyT?"' which without its operation would fpeedily have given place to v * ' other propenfities. Upon every fuppofition, the exifting corre- fpondence between national character and national government will be found in a jufl confideration to arife out of the latter. The principle of gradual improvement advanced in the laft Gradual i'm- r r <-> « provement cited objection muft be admitted for true ; but then it is necef- peceffary. fary, while we adopt it, that we mould not naffer ourfelves to act in direct: oppofition to it ; and that we fhould choofe the beft and moft powerful means for forwarding that improvement. Man is in a ftate of perpetual progrefs. He muft grow either Simplicity chiefly to be better or worfe, either correct his habits or conlirm them. The ddired. government propofed muft either increafe our paflions and pre- judices by fanning the flame, or by gradually difcouraging tend to extirpate them. In reality, it is fufficiently difficult to imagine a government that {hall have the latter tendency. By its very nature political inftitution has a tendency to fufpend the elafticity, and put an end to the advancement of mind. Every fcheme for embodying imperfection muft be injurious. That which is to-day a considerable melioration, will at fome future period, if preferved unaltered, appear a defect and difeafe in the body po- litic. It were earneftly to be defired that each man was wife enough to govern himfelf without the intervention of any com- pulfory reftraint ; and, fince government even in its beft ftate is B b an i86 OF OBEDIENCE. BOOK III. CHAP. VII. ^ . an evil, the object principally to be aimed at is, that we mould have as little of it as the general peace of human fociety will permit. Publication But the gi-and inftrument for forwarding the improvement of of truth the grand initra- mind is the publication of truth. Not the publication on the ment : by indivi- P ar ^ °f government ; for it is infinitely difficult to difcover in- governmentt ^dbbly what the truth is, efpecially upon controverted points, and government is as liable as individuals to be miftaken in this refpect. In reality it is more liable ; for the depofitaries of go- vernment have a very obvious temptation to defire, by means of ignorance and implicit faith, to perpetuate the exifting flate of things. The only fubftantial method for the propagation of truth is difcuffion, fo that the errors of one man may be detect- ed by the acutenefs and fevere difquifition of his neighbours. All we have to demand from the officers of government, at leaft in their public character, is neutrality. The intervention of authority in a field proper to reafoning and demonflration is always injurious. If on the right fide, it can only difcredit truth, and call off the attention of men to a foreign confideration. If on the wrong, though it may not be able to fupprefs the fpirit of enquiry, it will have a tendency to convert the calm purfuit of knowledge into paffion and tumult. the truth en- " But in what manner (hall the principles of truth be commu- tire, and not by parcels, nicated fo as bed: to lead to the practice ? By fhewing to man- a kind OF OBEDIENCE. 1S7 kind truth in all its evidence, or concealing one half of it ? Shall BOOK III. ' ° CHAl'YII. they be initiated by a partial difcovery, and thus led on by regular degrees to conclufions that would at firft have wholly alienated their minds ?" This queftion will come to be more fully difcuflfed in a fol- lowing chapter. In the mean time let us only confider for the prefent the quantity of effect that may be expected from thefe two oppofite plans.- An inhabitant of Turkey or Morocco may perhaps be of opinion, that the veiling power in the arbitrary will or caprice of an individual has in it more advantages than difadvantages. If I be defirous to change his opinion, mould I undertake to re- commend to him in animated language fome modification of this caprice ? I fhould attack it in its principle. If I do other- wife, I mall betray the ftrength of my caufe. The principle oppofite to his own, will not poffefs half the irrefiflible force which I could have given to it. His objections will amine vigour. The principle I am maintaining being half truth and half fallhood, he will in every ftep of the conteft poflefs an advan- tage in the ofFenfive, of which, if he be fufficiently acute, I can never deprive him. Now the principle I fhould have to explain of equal law and equal juftice to the inhabitant of Morocco, would be as new to B b 2 him, iS8 OF OBEDIENCE. chap" vh ^im, as an 7 Principle of the boldeft political defcriptidn that I 1 * ' could propagate in this country. Whatever apparent difference may exift between the two cafes, may fairly be fufpe&ed to owe its exiftence to the imagination of the obferver. The rule therefore which fuggefts itfelf in this cafe is fitted for univer- fal application. Sort of pro- a s to the improvements which are to be introduced into the grels to be r «!dired. political fyftem, their quantity and their period muft be deter- mined by the degree of knowledge exifting in any country, and the ftate of preparation of the public mind for the changes that are to be defired. Political renovation may ftridtly be confider- ed as one of the ftages in intellectual improvement. Literature and difquifnion cannot of themfelves be rendered fufficiently general ; it will be only the cruder and groffer parts that can be expected to defcend in their genuine form to the multitude ; while thofe abftract and bold fpeculations, in which the value of literature principally confifts, muft neceffarily continue the por- tion of the favoured few. It is here that focial inftitution offers itfelf in aid of the abftrufer powers of argumentative communi- cation. As foon as any important truth has become eftablifhed to a fufficient extent in the minds of the enterprifmg and the wife, it may tranquilly and with eafe be rendered a part of the general fyftem ; fince the uninftructed and the poor are never the ftrenuous fupporters of thofe complicated fyftems by which opprefiion is maintained ; and fince they have an obvious in- tereft OF OBEDIENCE. 189 tereft in the practical introduction of fimplicity and truth. One BOOK III. r r . J CHAP. vir. valuable principle being thus realifed, prepares the way for the v *— -* realifing of more. It ferves as a refting-place to the human mind in its great bufinefs of exploring the regions of truth, and gives it new alacrity and encouragement for farther exertions. AN A N ENQUIRY CONCERNING POLITICAL JUSTICE. BOOK IV. MISCELLANEOUS PRINCIPLES. CHAP. I. OF RESISTANCE. EVERY INDIVIDUAL THE JUDGE OF HIS OWN RESISTANCE. OBJECTION. ANSWERED FROM THE NATURE OF GO- VERNMENT FROM THEMODESOF RESISTANCE. 1. FORCE RARELY TO BE EMPLOYED EITHER WHERE THERE IS SMALL PROSPECT OF SUCCESS — OR WHERE THE PROSPECT IS GREAT. — HISTORY OF CHARLES THE FIRST ESTI- MATED. 2. REASONING THE LEGITIMATE MODE. IT has appeared in the courfe of our reafonings upon politi- BOOK IV. CHAP. I. cal authority, that every man is bound to refi-ft every unjuft v * — -* Every indi- proceeding on the part of the community. But who is the viduaithe judge 192 OF RESISTANCE. EOOK1V. judge of this injuftice ? The queftion anfwers itfelf : the private judgment of the individual. Were it not fo, the appeal would be nugatory, for we have no infallible judge to whom to refer our controverfies. He is obliged to confult his own private judgment in this cafe, for the fame reafon that obliges him to confult it in every other article of his conduct. judge of Ins own re- filtance. Objection. " But is not this pofition neceffarily fubverfive of all govern- ment ? Can there be a power to rule, where no man is bound to obey ; or at leaft where every man is to confult his own under- ftanding firft, and then to yield his concurrence no farther than he fhall conceive the regulation to be juft ? The very idea of government is that of an authority fuperfeding private judgment j how then can the exercife of private judgment be left entire ? What degree of order is to be expected in a community, where every man is taught to indulge his own fpeculations, and even to refift the decifion of the whole, whenever that decifion is op- pofed to the di&ates of his own fancy ?" Anfwered from the na- ture of go- vernment : The true anfwer to thefe queftions lies in the obfervation with which we began our difquifition on government, that this boafted inftitution is nothing more than a fcheme for enforcing by brute violence the fenfe of one man or fet of men upon another, neceffary to be employed in certain cafes of peculiar emergency. Suppofing the queftion then to lie merely between the force of the community on one part, and the force with which OF RESISTANCE. *93 which any individual member fhould think it incumbent upon BOOK IV. ' t r CHAP. I. him to refill their decifions on the other, it is fufficiently evident that a certain kind of authority and fupremacy would be the re- fult. But this is not the true ftate of the queftion. It Is farther evident, that, though the duty of every man to cxercife his private judgment be unalterable, yet fo far as relates to practice, wherever government fubfifts, the exercife of private judgment is fubftantially intrenched upon. The force put by the community upon thofe who exercife rapine and injuftice, and the influence of that force as a moral motive upon its mem- bers in general, are each of them exhibitions of an argument, not founded in general reafon, but in the precarious interference of a fallible individual. Nor is this all. Without anticipating the queftion of the different kinds of refiftance and the election that it may be our duty to make of one kind rather than another, it, is certain in fact, that my conduct will be materially altered by the forefight that, if I act in a certain manner, I fhall have the .combined force of a number of individuals to oppofe me. That government therefore is the beft, which in no one inftance interferes with the exercife of private judgment without abfolute neceflity. The modes according to which an individual may oppofe any £ rom the C 1 * 1 1_ • • 1 t r r r • mode;, ok le- lneaiure which his judgment difapproves are of two forts, action fiUance. and fpeech. Shall he upon every occafion have recourfe to the / -Force rare- *■ J ly to be cm- Cc former? l ;lc J' cd » 19+ OF RESISTANCE. 529! l Y' former ? This it is abfurd fo much as to fuppofe. The ob- CriAr. I. ■ * k v ' jedt of every virtuous man is the general good. But how can he be faid to promote the general good, who is ready to wafte his active force upon every trivial occafton, and facrifice his life- without the chance of any public benefit ? either where " But he referves himfelf," I will fuppofe, " for fome great oc- there is fmall ■ , . ' profpeft of canon ; and then, carelefs as to fuccefs, which is a large object fticcefs > only to little minds, generoufly embarks in a caufe where he has no hope but to perifh. He becomes the martyr of truth. He believes that fuch an example will tend to imprefs the minds of his fellow men, and to roufe them from their lethargy." The queflion of martyrdom is of a difficult nature. I had rather convince men by my arguments, than feduce them by my example. It is fcarcely poffible for me to tell what oppor- tunities for ufefulnefs may offer themfelves in the future years of my exiftence. Nor -is it improbable in a general confederation* that long and perfevering fervices may be more advantageous than brilliant and tranfitory ones. The cafe being thus circum- ftanced, a truly wife man cannot fail to hefitate as to the idea of offering up his life a voluntary oblation. Whenever martyrdom becomes an indifpenfible duty, when; nothing can preferve him fhort of the cleareft dereliction of prin- ciple and the moll palpable defertion of truth, he will then meet it OF RESISTANCE. 195 it with perfect ferenity. He did not avoid it before from any ^P.^Y* * * CtlAr. I. weaknefs of perfonal feeling. When it rnuft be encountered, * « ' he knows that it is indebted for that luftre which has been fo generally acknowledged among mankind, to the intrepidity of the fufferer. He knows that nothing is fo eflential to true virtue, as an utter difregard to individual advantage. The objections that offer themfelves to an exertion of actual force, where there are no hopes of fuccefs, are numerous. Such an exertion cannot be made without injury to the lives of more than a {ingle individual. A certain number both of enemies and friends muft be expected to be the victims of fo wild an under- taking. It is regarded by contemporaries, and recorded by hiftory as an intemperate ebullition of the paffions ; and ferves rather as a beacon to deter others, than as a motive to animate them. It is not the frenzy of enthufiafm, but the calm, fagacious and de- liberate effort of reafon, to which truth muft be indebted for its progrefs. But let us fuppoie, " that the profpect of fuccefs is confidera- „r where the ble, and that there is reafon to believe that refolute violence may great, in no long time accomplifh its purpofe." Even here we may be allowed to hefitate. Force has already appeared to be an odious weapon ; and, if the ufe of it be to be regretted in the hands of government, it does not change its nature though wielded by a band of patriots. If the caufe we plead be the caufe of truth, C c 2 there 196 OF RESISTANCE. r?*AP I ' V " t ' ierc 1S ll ° doubt that by our reafonings, if fufficiently zealous ' ' and conftant, the fame purpofe may be effected in a milder and more liberal way *., In a word, it is proper to recoiled here what has been efta- bliihed as to the doctrine of force in general, that it is in no cafe to be employed but where every other means is ineffectual. In the queftion therefore of refiftance to government, force ought never to be introduced without, the moft imminent neceffity-; never but in circumftances- fimilar to thofe of defending my life from a ruffian, where time can by no means be gained, and, the confequences inftantly to enfue. are unqueflionably fatal. Hiilorybf The hiflory of king Charles the firft furnifhes an inftructive Charles the J - ° firft efti- example in both kinds. The original defign of his opponents mated. was that of confining his power within, narrow and palpable limits. This obj eel,, after a ftruggle of many years, was fully accomplished by the parliament of 1640, without bloodfhed (except indeed in the fingle inftance of lord Strafford) and: without commotion.. They next conceived. the project of over- turning the hierarchy and the monarchy of England, . in oppofir tion to great numbers, and in the laft point no. doubt to a ma? jority of their countrymen. Admitting thefe objects to have been in the utmoft degree excellent, they ought not, for the pur- * See this cafe more fully difcufied in the following chapten . pofe OF RESISTANCE. 197 pofe of obtaining them, to have precipitated the queftion to the BOOK IV. extremity of a civil war.. " But, fince force is fcarcely under any circumftances to be 2 - Reafoning the legitimate employed, of what nature is that refiftance which ought con- mode. ftantly to be given to every inftance of injuftice ?" The refift- ance I am bound to employ is that of uttering the truth, of cenfuring in the moft explicit manner every proceeding that I perceive to be adverfe to the true interefts of mankind. I am bound to difTeminate without referve all the principles with which I am acquainted, and which it may be of importance to mankind to know ; and this duty it behoves me to practife upon every occafion and with the moft perfevering conftancy. I muft difclofe the whole fyftem of moral and political truth, without fuppreffing any part under the idea of its being too bold and paradoxical, and thus depriving the whole of that complete and irrefiftible evidence, without which its effe&s mufl: always be feeble, partial and uncertain.. CHAP. [ i9« ] CHAP. II. OF REVOLUTIONS. SECTION I. DUTIES OF A CITIZEN. f OBLIGATION TO SUPPORT THE CONSTITUTION OF OUR COUNTRY CONSIDERED — MUST ARISE EITHER FROM THE REASON OF THE CASE, OR FROM A PERSONAL AND LOCAL CONSIDERATION. — THE FIRST EXAMINED. — THE SECOND. > BOOK IV. ^TO queftion can be more important than that which refpects ' f- ^ the bell mode of effecting revolutions. Before we enter Section I. . Obligation to upon it however, it may be proper to remove a difficulty which fupport the . r • 1 r conftitution has fuggefted itfelf to the minds of fome men, how far we ought ofourcountry confidered : generally fpeaking to be the friends of revolution ; or, in other words, whether it be juftifiable in a man to be the enemy of the conftitution of his countiy. " We live," it will be faid, " under the protection of this con- ftitution ; and protection, being a benefit conferred, obliges us to a reciprocation of fupport in return." 7 To Section I. DUTIES OF A CITIZEN. 199 To this it may be anfwered, firft, that this protection is a very 529p rr" equivocal thing ; and, till it can be mown that the vices, from the effects of which it protects us, are not for the moft part the produce of that conftitution, we fhall never fufficiently under- stand the quantity of benefit it includes. Secondly, gratitude, as has already been proved *, is a vice and not a virtue. Every man and every collection of men ought to be treated by us in a manner founded upon their intrinfic qualities and capacities, and not according to a rule which has exiftence only in relation to ourfelves. Add to this, thirdly, that no motive can be more equivocal than the gratitude here recommended. Gratitude to the confti- tution, an abftract idea, an imaginary exiftence, is altogether unintelligible. Affection to my countrymen will be much better proved, by my exertions to procure them a fubftantial benefit, than by my fupporting a fyftem which I believe to be fraught with injurious confequences. He who calls upon me to fupport the conftitution muft found muft an 'k either from his requifition upon one of two principles. It has a claim upon the reafon of the cafe, or my fupport either becaufe it is good, or becaufe it is Britifh. £ rom , a P" T ' * ** " fonal and lo- cal coniidera-- tion. f Book II. chap. ii. p. 83. Againft. 2oo DUTIES OF A CITIZEN, chap tY' Againft the requifition in the firft fenfe there is nothing to ^- — » — r* object. All that is neceffary is to prove the goodnefs which is The firft ex- a f cr ibed to it. But perhaps it will be faid, " that, though not amined. r r ' •> to abfolutely good, more mifchief will refult from an attempt to overturn it, than from maintaining it with its mixed character of partly right and partly wrong." If this can be made evident, undoubtedly I ought to fubmit. Of this mifchief however I can be no judge but in confequence of enquiry. To fome the evils attendant on a revolution will appear greater, and to others lefs. Some will imagine that the vices with which the Englifh conftitution is pregnant are confiderable, and fome that it is nearly innocent. Before I can decide between thefe oppofite opinions and balance the exifting .and the poffible evils, I muft examine for myfelf. But examination in its nature implies un- certainty of refult. Were I to determine before I fat down on which fide the decifion mould be, I. could not ftri&ly fpeaking be faid to examine at all. He that defires a revolution for its own fake is to be regarded as a madman. He that defires it from a thorough conviction of its ufefulnefs and necemty has a claim upon us for candour and refpedL Thefecond. As to the demand upon me for fupport to the Englifh confti- tution, becaufe it is Englifh, there is little plaufibility in this argument. It is of the fame nature as the demand upon me to be a Chriftian, becaufe I am a Briton, or a Mahometan, becaufe I am DUTIESOFACITIZEN. 201 I am a native of Turkey. Inftead of being an exprefTion of re- 5S9 p V?" fpect, it argues contempt of all government, religion and virtue, ' v ~ - T^ and every thing that is facred among men. If there be fuch a thing as truth, it muft be better than error. If there be fuch a faculty as reafon, it ought to be exerted. But this demand makes truth a matter of abfolute indifference, and forbids us the exercife of our reafon. If men reafon and reflect, it muft neceffarily happen that either the Englifhman or the Turk will find his government to be odious and his religion falfe. For what pur- pofe employ his reafon, if he muft for ever conceal the conclu- fions to which it leads him ? How would man have arrived at his prefent attainments, if he had always been contented with the ftate of fociety in which he happened to be born ? In a word, either reafon is the curfe of our fpecies, and human nature is to be regarded with horror ; or it becomes us to em- ploy our underftanding and to act upon it, and to follow truth wherever it may lead us. It cannot lead us to mifchief, fince utility, as it regards percipient beings, is the only bafis of moral and political truth. Dd SECTION [ 202 ] SECTION II. MODE OF EFFECTING RESOLUTIONS. PERSUASION THE PROPER INSTRUMENT — NOT VIOLENCE- NOR RESENTMENT. — LATENESS OF EVENT DESIRABLE. Section II. Perfuafion the proper in- ftrument : BOOK IV. / 1>Q return to the enquiry refpe&ing the mode of effe&ing * ' -*• revolutions. If no queftion can be more important, there is fortunately no queftion perhaps that admits of a more complete and fatisfactory general anfwer. The revolutions of ftates, which a philanthropift would defire to witnefs, or in which he would willingly co-operate, confift principally in a change of fenti- ments and difpofitions in the members of thofe ftates. The true inftruments for changing the opinions of men are argument and perfuafion. The beft fecurity for an advantageous iflue is free and unreftritted difcuffion. In that field truth muft always prove the fuccefsful champion. If then we would improve the focial inftitutions of mankind, we muft write, we muft argue, we muft converfe. To this bufinefs there is no clofe ; in this pur- fuit there fhould be no paufe. Every method fhould be em- ployed, — not fo much pofitively to allure the attention of man- kind, or perfuafively to invite them to the adoption of our opinions, — as to remove every reftraint upon thought, and to throw MODE OF EFFECTING REVOLUTIONS. 203 throw open the temple of fcience and the field of enquiry to all BOOK IV. wJtoJUXla 11b the world. * « ' Section II. Thofe inftruments will always be regarded by the difcerning not violence : mind as fufpicious, which may be employed with equal profpecT: of fuccefs on both fides of every queftion. This consideration fhould make us look with averfion upon all refources of violence. When we defcend into the lifted field, we of courfe defert the vantage ground of truth, and commit the decifion to uncertainty and caprice. The phalanx of reafon is invulnerable ; it advances with deliberate and determined pace ; and nothing is able to refill it. But when we lay down our arguments, and take up our fwords, the cafe is altered. Amidft the barbarous pomp of war and the clamorous din of civil brawls, who can tell whether the event fhall be profperous or miferable ? ment. We muft therefore carefully diftinguifh between informing norrefent- the people and inflaming them. Indignation, refentment and fury are to be deprecated ; and all we fhould afk is fober thought, clear difcernment and intrepid difcuffion. Why were the revo- lutions of America and France a general concert of all orders and defcriptions of men, without fo much (if we bear in mind the multitudes concerned) as almoft a diflcnticnt voice j while the refiftance againft our Charles the firft divided the nation into two equal parts ? Becaufe the latter was the affair of the feven- teenth century, and the former happened in the clofe of the D d 2 eighteenth. _^ Section II. 104 MODE OF EFFECTING REVOLUTIONS. BOOKrv. eighteenth. Becaufe in the cafe of America and France philo- fophy had already developed fome of the great principles of political truth, and Sydney and Locke and Montefquieu and Rouffeau had convinced a majority of reflecting and powerful minds of the evils of ufurpation. If thefe revolutions had hap- pened ftill later, not one drop of the blood of one citizen would have been fhed by the hands of another, nor v»ould the event have been marked fo much perhaps as with one folitary inftance of violence and confifcation. Latenefs of There are two principles therefore which the man who defires event defiva- ble. the regeneration of his fpecies ought ever to bear in mind, to regard the improvement of every hour as effential in the difco- very and difTemination of truth, and willingly to fufFer the lapfe of years before he urges the reducing his theory into actual exe- cution. With all his caution it is poflible that the impetuous multitude will run before the ftill and quiet progrefs of reafon ; nor will he fternly pafs fentence upon every revolution that fhall by a few years have anticipated the term that wifdom would have prefcribed. But, if his caution be firmly exerted, there is no doubt that he will fuperfede many abortive attempts, and con- fiderably prolong the general tranquillity. SECTIO [ 205 I SECTION III. OF POLITICAL ASSOCIATIONS. MEANING OF THE TERM. — ASSOCIATIONS OBJECTED TO I. FROM THE SORT OF PERSONS WITH WHOM A JUST REVOLUTION SHOULD ORIGINATE — 2. FROM THE DAN- GER OF TUMULT. OBJECTS OF ASSOCIATION. IN WHAT CASES ADMISSIBLE. ARGUED FOR FROM THE NECESSITY TO GIVE WEIGHT TO OPINION FROM THEIR TENDENCY TO ASCERTAIN OPINION. UNNECESSARY FOR THESE PURPOSES. — GENERAL INUTILITY. CONCESSIONS. — IM- PORTANCE OF SOCIAL COMMUNICATION. — PROPRIETY OF TEACHING RESISTANCE CONSIDERED. A QUESTION naturally fuggefts itfelf in this place re- bookiv. • CHAP II fpecting the propriety of affociations among the people at v " ', large, for the purpofe of effecting a change in their political in- Meaning of ftitutions. It mould be obferved, that the affociations here fpoken of are voluntary confederacies of certain members of the fociety with each other, the tendency of which is to give weight to the opinions of the perfons fo affociated, of which the opinions of the unconfederated and infulated part of the community are d'ef- titute. 2o6 OF POLITICAL ASSOCIATIONS. ch? p il* tltute ' ^kis q ue fti° n therefore has nothing in common with that ^~ — '~7? l other, whether in a well organized ftate every individual would not find his place in a deliberative as well as an elective capacity ; the fociety being diflributed into diftricts and departments, and each man poflefling an importance, not meafured by the capri- cious ftandard of fome accidental confederacy, but by a rule im- partially applied to every member of the community. Aflbciations Relative then to political auociations, as thus explained, there are two confiderations, which, if they do not afford reafon for undiftinguifhing condemnation, at leaft tend to diminifh our anxiety to their introduction. i. from the In the firft place revolutions lefs originate in the energies of fortofperfons i • i with whom a the people at large, than in the conceptions of perfons of fome juft revolu- tion fhould degree of ftudy and reflection. I fay, originate, for it muft originate : be admitted, that they ought ultimately to be determined on by the choice of the whole nation. It is the property of truth to diffufe itfelf. The difficulty is to diftinguifh it in the firft inftance, and in the next to prefent it in that unequivocal form which fhall enable it to command univerfal affent. This muft neceflarily be the tafk of a few. Society, as it at prefent exifts in the world, will long be divided into two claffes, thofe who have leifure for ftudy, and thofe whofe importunate neceffities perpetually urge them to temporary induftry. It is no doubt to be defired, that the latter clafs fhould be made as much as poffible to OF POLITICAL ASSOCIATIONS. 207 to partake of the privileges of the former. But we fhould be BOOK IV. CHAP. II. careful, while we liften to the undiftinguifhing demands of be- * ^— — ' ' ° ° Section III. nevolence, that we do not occafion a greater mifchief than that we undertake to cure. We mould be upon our guard againft an event the confequences of which are always to be feared, the propagating blind zeal, where we meant to propagate reafon. The ftudious and reflecting only can be expected to fee deeply into future events. To conceive an order of fociety totally different from that which is now before our eyes, and to judge of the advantages that would accrue from its infti- tution, are the prerogatives only of a few favoured minds. When thefe advantages have been unfolded by fuperior penetra- tion, they cannot yet for fome time be expected to be under- ftood by the multitude. Time, reading and converfation are necelfary to render them familiar. They muft defcend in regu- lar gradation from the mod thoughtful to the moft unobfervant. He, that begins with an appeal to the people, may be fufpected to underftand little of the true character of mind. A unifier de- fign may gain by precipitation ; but true wifdom is beft adapted to a flow, unvarying, inceffant progrefs. Human affairs, through every link of the great chain of neceffity, are admirably harmonifed and adapted to each other. As the people form the laffc ftep in the progrefs of truth, they need leaft preparation to induce them to affert it. Their 3 prejudices 20.3 OF POLITICAL ASSOCIATIONS. BOOK IV. CHAP. II. » , > Section III. prejudices are few and upon the furface. They are the higher orders of fociety, that find, or imagine they find, their advantage in injuftice, and are eager to invent arguments for its defence. In fophiftry they firft feek an excufe for their conduct, and then become the redoubted champions of thofe errors which they have been affiduous to cultivate. The vulgar have no fuch intereft, and fubmit to the reign of injuftice from habit only and the want of reflection. They do not want preparation to receive the truth, fo much as examples to embody it. A very fhort catalogue of reafons is fufficient for them, when they fee the generous and the wife refolved to affert the caufe of juftice. A very fhort period is long enough for them to imbibe the fentiments of patriotifm and liberty. daiferVf 15 Secondly, affociations muft be formed with great caution tumult. not tQ k £ a ]ii e d t0 t umu it. The conviviality of a feaft may lead to the depredations of a riot. While the fympathy of opinion catches from man to man, efpecially in numerous meetings, and among perfons whofe paffions have not been ufed to the curb of judgment, actions may be determined on, which folitary reflec- tion would have rejected. There is nothing more barbarous, cruel and blood-thirfty, than the triumph of a mob. Sober thought {hould always prepare the way to the public affertion of truth. He, that would be the founder of a republic, fhould, like the firft Brutus, be infenfible to the energies of the mod imperious paffions of our nature. Upon OF POLITICAL ASSOCIATIONS. 209 Upon this fubjed: of auociatidns an obvious diftih&ioh is to ^^ ™' be made. Thofe, who are diffutishcd with the government of ^~^^J^ L their country, may aim either at the corrcdion of old errors, or °^K as of J * J till l".. I'l'-j '. '•) . the counteracting of new encroachments. Eoth thefe cbjeds are legitimate. The wife and the virtuous man ought to fee things precifely as they are, and judge of the adual constitution of his country with the fame impartiality, as if he had limply read of it in the remoteft page of hiftory. Thefe two obieds maybe entitled to a different treatment. The In what cafe» J ' admuiible. firft ought undoubtedly to proceed with a leifurely ftep and in all poflible tranquillity. The fecond appears to require fomething more of adivity. It is the charaderiftic of truth, to truft much to its own energy, and to refill invafion rather by the force of convidion than the force of arms. The individual oppreffed feems however particularly entitled to our affiftance, and this can beft be afforded by the concurrence of many. The cafe may re- quire an early and unequivocal difplay of opinion, and this per- haps will afford an apology for fome fort of affociation, provided it be conduded with all poflible attention to peaceablenefs and good order. Few arguments can be of equal importance with that which we Argued for from the ne- are here difcufling. Few miftakes can be more to be deplored «ffity_to give weight than that which fhculd induce us to employ immoral and in- t0 °P in >°ns jurious methods for the fupport of a good caufe. It may be E e alledged s 2IO OF POLITICAL ASSOCIATIONS. BOOK IV. CHAP. II. Sechon III. alledged, " that afTociation is the only expedient for arming the fenfe of the country againft the arts of its oppreflbrs." Why arm? Why fpread a reftlefs commotion over the face of a nation, which may lead to the moft deftructive confequences ? Why feek to beftow upon truth a weight that is not her own ? a weight that muft always produce fome obliquity, fome blind and unen- lightened zeal ? In attempting prematurely to anticipate the conqueft of truth, we fhall infallibly give birth to deformity and abortion. If we have patience to wait her natural progrefs, and to affift her caufe by no arguments that are not worthy of her, the event will be both certain and illuilrious. from their tendency to afcertain opinion. Unneceflary for thefe purpofes. A fimilar anfwer will fuggefl itfelf to the objection, " that aflbciations are neceflary unequivocally to afcertain the opinion of the people." What fort of opinion is that, which thus ftands in need of fome fudden violence to oblige it to ftart from its hiding-place ? The fentiments of mankind are then only equi- vocal in external appearance, when they are unformed and un- certain in the conception. When once the individual knows his own meaning, its fymptoms will be clear and unequivocal. Be not precipitate. If the embryo fentiment at prefent exifting in my mind be true, there is hope that it will gain ftrength by time. If you wifh to affift its growth, let it be by inftrudtion, not by attempting to pafs that fentiment for mine which you only wifh to be fo. If the opinion of the people be not known to-day, it will not fail to fhew itfelf to-morrow. If the opinion of OF POLITICAL ASSOCIATIONS. 211 of the people be not known to-day, it is becaufe that which you BOOK IV. would have fuppofed to be their opinion is not fufhciently their **■ opinion. You might as well think of hiding the inhabitants of England, concealing their towns and their cultivation, and making their country pafs for a defert, as of concealing their real and deliberate fentiment. Thefe are the expedients of men who do not know that truth is General in- utility. omnipotent. It may appear to die for a time, but it will not fail to revive with frefh vigour. If it have ever failed to pro- duce gradual conviction, it is becaufe it has been told in a meagre, an obfcure or a pufillanimous manner. Ten pages that mould contain an abfolute demonftration of the true interefts of mankind in fociety could no otherwife be prevented from changing the face of the globe, than by the literal deftruction of the paper on which they were written. It would become us to repeat their contents as widely as we were able ; but, if we at- , tempted any thing more than this, it would be a practical proof that we did not know they contained a demonftration. Such are the reafonings that fhould decide upon our abftracl: Conceffiont. opinion of every cafe of aflbciation that comes before us. But, though from hence it fhould fufhciently appear that aflbciation is fcarcelyin any cafe to be defired, there are conn derations that fhould lead us fometimes to judge it with moderation and forbearance. There is one mode, according to which the benefit of mankind E e 2 may 212 OF POLITICAL ASSOCIATIONS. E 2° p T Y' ma 7 ^eft be promoted, and which ought always to be employed. > » ' But mankind are imperfe£t beings, and there are certain errors Section III. of his fpecies which a wife man will be inclined to regard with indulgence. Aflbciations, as a meafure intrinfically wrong, he will endeavour at leaft to poftpone as long as he can. But it muft not be diffembled that in the crifis of a revolution they will fometimes be unavoidable. While opinion is advancing with filent ftep, imagination and zeal may be expected fomewhat to outrun her progrefs. Wifdom will be anxious to hold them at bay ; and, if her votaries be many, fhe will be able to do this long enough to prevent tragical confequences. But, when the call is thrown, when the declaration is made and irrevocable, fhe will not fail, be the confufion greater or lefs, to take the fide of truth, and forward her reign by the bell means that the neceffity of the cafe will admit. importance But, though afTociation, in the received fenfe of that term, of focial com- , , munication. muit be granted to be an inftrument of a very dangerous nature, it fhould be remembered that unreferved communication in a fmaller circle, and efpecially among perfons who are already awakened to the purfuit of truth, is of unqueflionable advantage. There is at prefent in the world a cold referve that keeps man at a diftance from man. There is an art in the practice of which individuals communicate for ever, without any one telling his neighbour what eftimate he fhould form of his attainments and character, how they ought to be employed, and how to be improved. OF POLITICAL ASSOCIATIONS. 213 improved. There is a fort of domeftic tactics, the object of COOK IV. r J CHAP. II. which is to inftruct us to elude curiofity, and to keep up the k « ' Slction III. tenour of converfation, without the difclolure either of our feelings or our opinions. The philanthropic has no object more deeply at heart than the annihilation of this duplicity and re- ferve. No man can have much kindnefs for his fpecies, who does not habituate himfelf to confider upon each fucceflive occa- fion of focial intercourfe how that occafion may be moll benefi- cently improved. Among the topics to which he will be anxious to awaken attention, politics will occupy a principal fhare. Books have by their very nature but a limited operation ; though, on account of their permanence, their- methodical dif- quifition, and their eafinefs of accefs, they are entitled to the foremoft place. But their efficacy ought not to engrofs our confidence. The number of thofe by whom reading is neglect- ed is exceedingly great. Books to thofe by whom they are read have a fort of conftitutional coldnefs. We review the arguments of an " infolent innovator" with fullennefs, and are unwilling to ftretch our minds to take in all their force. It is with difficulty that we obtain the courage of ftriking into untrodden paths, and quef- tioning tenets that have been generally received. But converfation accuftoms us to hear a variety of fentiments, obliges us to exercife patience and attention, and gives freedom and elasticity to our men- tal difquifitions. A thinking man, if he will recollect his intellectual hiftory, will find that he has derived ineftimable advantage from the ftimulus and furprife of colloquial fuggeftions ; and, if he review 2i 4 OF FOLITICAL ASSOCIATIONS. ^OOK iv. review the hiftory of literature, will perceive that minds of great * ' acutenefs and ability have commonly exifted in a clufter. ujectionIII. ' It follows that the promoting of the beft interefts of mankind eminently depends upon the freedom of focial communication. Let us imagine to ourfelves a number of individuals, who, having firft ftored their minds with reading and reflection, proceed afterwards in candid and unreferved converfation to compare their ideas, to fuggeft their doubts, to remove their difficulties, and to cultivate a collected and ftriking manner of delivering their fentiments. Let us fuppofe thefe men, prepared by mu- tual intercourfe, to go forth to the world, to explain with fuc- cinclnefs and fimplicity, and in a manner well calculated to arreft attention, the true principles of fociety. Let us fuppofe their hearers inftigated in their turn to repeat thefe truths to their companions. We mall then have an idea of knowledge as per- petually gaining ground, unaccompanied with peril in the means of its diffufion. Reafcn will fpread itfelf, and not a brute and unintelligent fympathy. Difcuflion perhaps never exifts with fo much vigour and utility as in the converfation of two perfons. It may be carried on with advantage in fmall and friendly focieties. Does the fewnefs of their numbers imply the rarity of their exiftence ? Far otherwife : the time perhaps will come when fuch inftitutions will be univerfal. Shew to mankind by a few examples the advantages of political difcuflion undebauched by political enmity and vehemence, and the beauty of the fpec- tacle will foon render the example contagious. Every man will commune OF POLITICAL ASSOCIATIONS. *\ 5 commune with his neighbour. Every man will be eager to tell BOOK IV. and to hear what the intereft of all requires them to know. ' • ' Section III. The bolts and fortifications of the temple of truth will be re- moved. The craggy fteep of fcience, which it was before difficult to afcend, will be levelled with the plain. Knowledge will be ac- ceflible to all. Wifdom will be the inheritance of man, from which none will be excluded but by their own heedleflhcfs and prodigality. If thefe ideas cannot completely be realifed, till the inequality of conditions and the tyranny of government are rendered fomewhat lefs oppreflive, this affords no reafon againft the fetting afloat fo generous a fyftem. The improvement of individuals and the melioration of political inftitutions are deftined mutually to produce and reproduce each other. Truth, and above all political truth, is not hard of acquifition, but from the fupercilioufnefs of its profeflbrs. It has been flow and tedious of improvement, becaufe the ftudy of it has been rele- gated to doctors and civilians. It has produced little effect upon the practice of mankind, becaufe it has not been allowed a plain ^ and direct appeal to their underftandings. Remove thefe obfta- cles, render it the common property, bring it into daily ufe, and you may reafonably promife yourfelf confequences of the moft ineftimable value. But thefe confequences are the property only of independent and impartial difcuflion. If once the unambitious and candid circles of enquiring men be fwallowed up in the infatiate gulf of noify affemblies, the opportunity of improvement is inftantly 4 annihilated. Section ill. 216" OF POLITICAL ASSOCIATIONS', S?5Vt- T X" annihilated. The happy varieties of fentiment which fa emi- nently contribute to intellectual acutenefs are loft. Activity of thought is fhackled by the fear that our aflociates fnould diic'laim. us. A fallacious uniformity of opinion is produced, which no man efpeufes from conviction, but which carries all men along with a refifdefs tide. Clubs, in the old Engiifh fenfe, that is, the periodical meeting of fmall and independent circles, may be admitted to fall within the line of thefe principles. But they ceafe to be admifhble, when united with the tremendous appa- ratus of articles of confederacy and committees of correfpond- ence. Human beings fhould meet together, not to enforce, but to enquire. Truth difclaims the alliance of marihalied numbers. It feems fcarcely neceffary to add, that the individuals who are engaged in the tranfaclions here cenfured, have frequently been inftigated by the beft intentions, and informed with the moft liberal views. It would be in the higheft degree unjuft, if their undertakings fhould be found of dangerous tendency, to involve the authors in indifcriminate cenfure for confequences which they did not forefee. But at the fame time, in propor- tion to the purity of their views and the foundnefs of their principles, it were eameftly to be defired that they would ierioufly reflect on the means they employ. It,would be deeply to be lamented, if thofe who were the trueft friends to the wel- fare of mankind, mould come, by the injudicioufnefs of their conduit, to rank among its enemies. From OF POLITICAL ASSOCIATIONS. 217 From what has been faid it is fufficiently evident, that no alarm 5? T 0K IV ' J ' CHAP. II. can be more groundlefs, than that of violence and precipitation * v — rr? * * Section 111. from the enlightened advocates of political iuftice. There is Pro P™ et >' of however another objection which has been urged againft them, teaching re fiilance fidered built upon the fuppofed inexpediency of inculcating upon the peo- ple at large the propriety of occafional refiftance to the authority of government. " Obedience," fay thefe objectors " is the rule ; refiftance the exception. Now what can be more prepofterous, than perpetually to infift with all the pomp of eloquence upon an expedient, to which only an extreme neceffity can oblige us to have recourfe* ?" It has already been {hewn that obedience, that is, a furrender of the understanding to the voice of authority, is a rule to which it can never be creditable to human beings to conform. Tran- quillity indeed, a ftate in which a man mall leaft be difturbed in the exercife of his private judgment by the interpofition of violence, is an object we mould conftantly endeavour to promote ; but this tranquillity the principles here inculcated have little tendency to difturb. There is certainly no truth which it can be for the general intereft to conceal. It muft be confefled indeed, that a fingle * This argument, nearly in the words here employed, may be found in Hume's Eflay on Paflive Obedience. ElTays, Part II, Eflay xiii. F f truth 2i8 OF POLITICAL ASSOCIATIONS. chap nf ' trutn ma y be £° detached from the feries to which it belongs, as, ^ "~~^t when feparately told, to have the nature of falfhood. But this Section III. r j ■> is by no means the cafe in the prefent inftance. To inform mankind of thofe general principles upon which all political in- ftitutions ought to be built, is not to difFufe partial information. To difcover to them their true interefts, and lead them to conceive of a ftate of fociety more uncorrupt and more equitable than that in which they live, is not to inculcate fome rare exception to a general rule. If there be any government which muft be indebted for its perpetuity to ignorance, that government is the curfe of mankind. In proportion as men are made to under- ftand their true interefts, they will conduct themfelves wifely, both when they act and when they forbear, and their conduct will therefore promife the moft advantageous iflue. He, whofe mind has carefully been inured to the dictates of reafon, is of all men leaft likely to convert into the rafh and headftrong invader of the general weal.. SECTION [ 219 ] SECTION IV. OF THE SPECIES OF REFORM TO BE DESIRED. OUGHT IT TO BE PARTIAL OR ENTIRE ? — TRUTH MAY NOT BE PARTIALLY TAUGHT. PARTIAL REFORMA- TION CONSIDERED. — OBJECTION. — ANSWER. PARTIAL REFORM INDISPENSIBLE. — NATURE OF A JUST REVOLU- TION — HOW DISTANT ? THERE is one more queftion which cannot fail occa- BOOK IV. _ * CHAP. II. fionally to fuggeft itfelf to the advocate of focial reform- * « ' Section IV. ation. " Ought we to defire to fee this reformation introduced Ought it to be partial or gradually or at once ?" Neither fide of this dilemma prefents cntire • us with the proper expedient. No project can be more injurious to the caufe of truth, than Truth may not be par- that of prefenting it imperfectly and by parcels to the attention tia % taught. of mankind. Seen in its juft light, the effect produced cannot fail to be confiderable ; but, fhewn in fome partial and imperfect way, it will afford a thoufand advantages to its adverfaries. Many objections will feem plaufible, which a full view of the fubjcdt would have diffipafed. Whatever limits truth is error ; and of confequence fuch a limited view cannot fail to include a F f 2 considerable 220 OF THE SPECIES OF Section IV. ^S ap tT' con fi^erable mixture of error. Many ideas may be excellent as parts of a great whole, which, when violently torn from their connection, will not only ceafe to be excellent, but may in fome cafes become pofitively injurious. In this war of pofts and fkirmifhes victory will perpetually appear to be doubtful, and men will either be perfuaded, that truth itfelf is of little value, or that human intellect is fo narrow as to render the difcovery of truth a hopelefs purfuit. Partial re- formal -on confidered. Objection. It may be alledged, that " one of the confederations of greateft influence in human affairs is that of the gradual decline of ill things to worfe, till at length the mifchief, having proceed- ed to its higheft climax, can maintain itfelf no longer. The argument in favour of focial improvement would lofe much of its relative energy, if the opportunity of a fecret comparifon of poflible good with actual evil were taken away. All partial reforms are of the nature of palliatives. They fkin over the difeafed part inftead of extirpating the difeafe. By giving a fmall benefit, perhaps a benefit only in appearance, they cheat us of the fuperior good we ought to have demanded. By {tripping error of a part of its enormities, they give it frefh vigour and a longer duration." Anfwer. We muft be cautious however of pufhing this argument too far. To fuppofe that truth ftands in abfolute need of a foil, or that me cannot produce full conviction by her native light, is 4 a con- REFORM TO BE DESIRED. tzi a conception unworthy of her enlightened advocates. The true BOOK IV. folution will probably be found in the accurately diftinguithino; J * * J ° Section IV, the fources of reform. Whatever reform, general or partial, fhall be fuggefted to the community at large by an unmutilated view of the fubje£t, ought to be feen with fome degree of complacency. But a reform, that mail be offered us by thofe whofe intereft is fuppofed to lie in the perpetuating of abufe, and the intention of which is rather to give permanence to error by diverting it of its moil odious features, is little entitled to our countenance. The true principle of focial improvement lies in the correcting public opinion. Whatever reform is ftolen upon the community un- regarded, and does not fpontaneoufly flow from the energy of the general mind, is unworthy of congratulation. It is in this refpecl with nations as with individuals. He that quits a vicious habit, not from reafon and conviction, but becaufe his appetites no longer folicit him to its indulgence, does not deferve the epithet of virtuous. The object it becomes us to purfue is, to give vigour to public opinion, not to fink it into liftleflnefs and indifference. When partial reformation proceeds from its legitimate caufe, Gradual re the progrefs fociety l.as made in the acquisition of truth, penfible. it may frequently be entitled to our applaufe. Man is the creature of habits. Gradual improvement is a mod confpicuous law of his nature. When therefore fome considerable advantage is fufficiently underftood by the community to induce them to defire 222 OF THE SPECIES OF BOOK IV. defire its eftablifhment, that eftablifhment will afterwards read CHAP. II. * >, • to the enlightening of intellect and the generating of virtue. It Section IV. is natural for us to take our Hand upon fome leading truth, and from thence explore the regions we have ftill to traverfe. There is indeed a fenfe in which gradual improvement is the Only alternative between reformation and no reformation. All human intellects are at fea upon the great ocean of infinite truth, and their voyage though attended with hourly advantage will never be at an end. If therefore we will ftay till we fhall have devifed a reformation fo complete, as fhall need no farther re- formation to render it more complete, we fhall eternally remain in inaction. Whatever is fairly underftood upon general prin- ciples by a confiderable part of the community, and oppofed by none or by a very few, may be confidered as fufficiently ripe for execution. Nature of a To recapitulate the principal object of this chapter, I would tion. once again repeat, that violence may fuit the plan of any political partifan, rather than of him that pleads the caufe of fimple juf- tice. There is even a fenfe in which the reform aimed at by the true politician may be affirmed to be lefs a gradual than an entire one, without contradicting the former pofition. The complete re- formation that is wanted, is not inftant but future reformation. It can in reality fcarcely be confidered as of the nature of action. It confifts in an univerfal illumination. Men feel their fitua- 7 tion, REFORM TO BE DESIRED. 223 tion, and the reftraints, that fhackled them before, vanifh like a BOOK IV. ' ' ' CHAl\ II. mere deception. When the true crifis fhall come, not a fword ' « ' * Section IV. will need to be drawn, not a finger to be lifted up. The adver- faries will be too few and too feeble to dare to make a ftand againfl the univerfal fenfe of mankind. Nor do thefe ideas imply, as at firft fight they might feem to How dlftant ? imply, that the revolution is at an immeafurable diftance. It is of the nature of human affairs that great changes fhould appear to be fudden, and great difcoveries to be made unexpectedly, and as it were by accident. In forming the mind of a young perfon, in endeavouring to give a new bent to that of a perfon of maturer years, I fhall for a long time feem to have produced little effect, and the fruits will fhew themfelves when I leaft ex- pected them. The kingdom of truth comes not with oftentation. The feeds of virtue may appear to perifh before they germinate- To recur once more to the example of France, the works of her great political writers feemed for a long time to produce little profpect of any practical effect. Helvetius, one of the lateft, in a work publifhed after his death in 1771, laments in pathetic ftrains the hopelefs condition of his country. " In the hiflory of every people," fays he, " there are moments, in which, uncertain of the fide they fhall choofe, and balanced between political good and evil, they feel a defire to be inftructed ; in which the foil, fo to exprefs m-yfelf, is in fome manner prepared, and may eafily be impiegnatej 224 OF THE SPECIES OF F-StTd ] 7r impregnated with the dew of truth. At fuch a moment the pub- ^ * — 77^ lication of a valuable book may give birth to the moft aufpicious Suction IV. ' ° r reforms ; but, when that moment is no more, the nation, become infenfible to the bed motives, is by the nature of its government plunged deeper and deeper in ignorance and ftupidity. The foil ' of intellect is then hard and impenetrable ; the rains may fall, may fpread their moifture upon the furface, but the profpect of fertility is gone. Such is the condition of France. Her people are become the contempt of Europe. No falutary crifis fhall ever reftore them to liberty*." But in fpite of thefe melancholy predictions, the work of re- novation was in continual progrefs. The American revolution gave the finifhing ftroke, and only fix years elapfed between the completion of American liberty and the commencement of the French revolution. Will a term longer than this be necefTary, * " Dans chaqtie nation il eji des momens ou les citoyens, incertains du parti qu'ils doivent prendre, et fufpendus entre tin bon et un mauvais gouvernement, eprouvent la foifde I'inflruBion, ou les efprits,fi je I'ofe dire, prepares et ameublis peuvent etrefa- cilement penetres de la rofie de la verite. £hi'en ce moment un bon ouvrage paroiffe, il peut opirer d'heureufes reformes : mais cet infant paffe, les citoyens, infenfible s a la gloire, font par la forme de leur gouvernement invinciblement entraines vers I'ignorance et Vabratiffement. Alors les tfprits font la terre endurcie : I'eau de la verite y tombe, y coule, mais fans lafhonder. Tel ejl I' Hat de la France. Cette nation avilie ell au- joutd'hui le mepris de V Europe. Nulle crife falutaire tie lui rendra la liberte." De I'Homme, Preface. before REFORM TO BE DESI RED. 2=5 before France, the molt refined and confiderable nation in the 529p \Y' world, will lead other nations to imitate and improve upon her * * ' OiCTiONiV. plan ? Let the true friend of man be inceffant in the propaga- tion of truth, and vigilant to counteract all the caufes that might difturb the regularity of her progrefs, and he will have every reafo.n to hope an early and a favourable event. g CHAP. [ 226 j CHAP. III. OF TYRANNICIDE. DIVERSITY OF OPINIONS ON THIS SUBJECT. ARGUMENT IN ITS VINDICATION. THE DESTRUCTION OF A TYRANT NOT A CASE OF EXCEPTION. — CONSEQUENCES OF TYRAN- NICIDE. — ASSASSINATION DESCRIBED. — IMPORTANCE OF SINCERITY. BOOK IV. A QUESTION, conneded with the mode of effecting re- CriAP. III. r — ^ * ' •*■ -*- volutions, and which has been eagerly difcufled among Diverfity of opinions on political reafoners, is that of tyrannicide. The moralifts of anti- thisfubjeft. r • ' J quity warmly contended for the lawfulnefs of this practice ; by the moderns it has generally been condemned. Argument In The arguments in its favour are built upon a very obvious Its vindica- tion, principle. " Juftice ought univerfally to be adminiftered. Upon lefler criminals it is done, or pretended to be done, by the laws of the community. But criminals by whom law is fubverted, and who overturn the liberties of mankind, are out of the reach of the ordinary adminiftration of juftice. If juftice be partially admi- niftered in fubordinate cafes, and the rich man be able to opprefs I the OF TYRANNICIDE. 227 the poor with impunity, it muft be admitted that a few examples BOOK IV. CHAP. III.. of this fort are infufficient to authorife the laft appeal of human ' » ' beings. But no man will deny that the cafe of the ulurper and the defpot is of the mod atrocious nature. In this inftance, all the provifions of civil policy being fuperfeded, and juftice poi- foned at the fource, every man is left to execute for himfelf the decrees of eternal equity." It may however be doubted whether the deftruction of a ty- The deltruc- r r • t,on °^ a 'y* rant be in any refpect a cafe of exception from the rules proper rant not a cafeofcxccp- to be obferved upon ordinary'- occafions. The tyrant has cer- tion. tainly no particular fanctity annexed to his perfon, and may be .killed with as little fcruple as any other man, when the object is that of repelling immediate violence. In all other cafes, the ex- tirpation of the offender by a felf-appointed authority, does not appear to be the proper mode of counteracting injuflice. For, firft, either the nation, whofe tyrant you would deftroy, Confequ is ripe for the affertion and maintenance of its liberty, or it is not. cid«u If it be, the tyrant ought to be depofed with every appearance of publicity. Nothing can be more improper, than for an affair, interefting to the general weal, to be conducted as if it were an act of darknefs and fhame. It is an ill leffon we read to man- kind, when a proceeding, built upon the broad bafis of general juftice, is permitted to fhrink from public fcrutiny. The pift(i and the dagger may as eafily be made the auxiliaries of vice as G g 2 of ences 228 OF TYRANNICIDE. CHAP, iil °f v i rtue « To profcribe all violence, and neglect no means of v information and impartiality, is the moft effectual fecurity we can have for an iffue conformable to the voice of reafon and truth. If the nation be not ripe for a ftate of freedom, the man, who aflumes to himfelf the right of interpofing violence, may in- deed fhew the fervour of his conception, and gain a certain de- gree of notoriety. Fame he will not gain, for mankind at pre- fent regard an act of this fort with merited abhorrence ; and he will inflict new calamities on his country. 1 he confequences of tyrannicide are well known. If the attempt prove abortive, it renders the tyrant ten times more bloody, ferocious, and cruel than before. If it fucceed, and the tyranny be reftored, it pro- duces the fame effect upon his fucceffors. In the climate of def- potifm fome folitary virtues may fpring up. But in the midft of plots and confpiracies there is neither truth, nor confidence, nor love, nor humanity. Aflkffinati'on Secondly, the true merits of the queftion will be ftill farther defcnbed. underftood, if we reflect on the nature of aflafli nation. The miftake, which has been inciu-red upon this fubject, is to be im- puted principally to the fuperficial view that has been taken of , it. If its advocates had followed the confpirator through all his windings, and obferved his perpetual alarm left truth mould be- come known, they would probably have been lefs indifcriminate 4 ' in OF TYRANNICIDE. 229 In their applaufe. No action can be imagined more directly at BOOK TV. rr ? * CHAP. ill. ^ war with a principle of ingenuoufnefs and candour. Like all that is moft odious in the catalogue of vices, it delights in obfcu- rity. It fhrinks from the penetrating eye of wifdom. It avoids all queftion, and hefitates and trembles before the queftioner. It ftruggles for a tranquil gaiety, and is only complete where there is the moil perfect hypocrify. It changes the ufe of fpeech, and compofes ever) 7 feature the better to deceive. Imagine to your- felf the confpirators, kneeling at the feet of Cxfar, as they did the moment before they deftroyed him. Not all the virtue of Brutus can fave them from your indignation. There cannot be a better inftance than that of which we are Importance treating, to prove the importance of gen ral fincerity. We fee in this example, that an action, which has been undertaken from the belt motives, may by a defect in this particular tend to over- turn the very foundations of juftice and happinefs. Wherever there is alTafTination, there is an end to all confidence among men. Proteus and alTeverations go for nothing. No man pre- fumes to know his neighbour's intention. The boundaries, that have hitherto ferved to divide virtue and vice, are gone. The true interefts of mankind require, not their removal, but their confirmation. All morality proceeds upon the alTumption of fomething evident and true, will grow and expand in proportion as thefe indications are more clear and unequivocal, and could not exift for a moment, if they were deftroyed. CHAP. I 230 3 CHAP. IV. OF THE CULTIVATION OF TRUTH. BOOK IV. "I^ERHAPS there cannot be a fubject of greater political *. .. ' PE1 ir importance, or better calculated to lead us in fafety through the mazes of controverfy, than that of the value of truth. Truth may be confidered by us, either abftractedly, as it relates to certain general and unchangeable principles, or practically, as it relates to the daily incidents and ordinary commerce of human life. In whichever of thefe views we confider it, the more deeply we meditate its nature and tendency, the more fhall we be ftruck with its unrivalled importance. SECTION [ 831 ] SECTION I. OF ABSTRACT OR GENERAL TRUTH. ITS IMPORTANCE AS CONDUCING — TO OUR INTELLECTU AL IMPROVEMENT TO OUR MORAL IMPROVEMENT. VIRTUE. THE BEST SOURCE OF HAPPINESS. — PROVED BY COMPARI- SON — BY ITS MANNER OF ADAPTING ITSELF TO ALL SITUATIONS — BY ITS UNDECAYING EXCELLENCE — CAN- NOT BE EFFECTUALLY PROPAGATED BUT BY A CULTI- VATED MIND. — IMPORTANCE OF GENERAL TRUTH TO OUR POLITICAL IMPROVEMENT. ABSTRACTEDLY confidered, it conduces to the perfection BOOK IV. CHAP - IV « of our understandings, our virtue and our political infti- v , ' Section I. tUtionS. Its import- ance as con- ducing In the difcovery and knowledge of truth is comprifed all that to our Intel - • • in- • • leftual im- which an impartial and reflecting mind is accuftomed to admire, provement: It is not poffible for us ferioufly to doubt concerning the pre- ference of a capacious and ardent intelligence over the limited perceptions of a brute. All that we can imagine of angels and' Gods confifts in fuperior wifdom. Do you fay in power alfo ? It will prefently appear that wifdom is power. The truths of general «3' OF THE CULTIVATION BOOK IV. general nature, thofe truths which preceded, either fubftantially CHAP. iv. t> ' r j / 1 •' * or in the nature of things, the particular exiftences that fur- Section I. . round us, and are independent of them all, are inexhauftible. Is it poflible that a knowledge of thefe truths, the truths of ma- thematics, of metaphyfics and morals, the truths which, accord- ing to Plato's conception *, taught the creator of the world the nature of his materials, the refult of his operations, the confe- quences of all poflible fyftems in all their detail, mould not exalt and elevate the mind ? The truths of particular nature, the hif- tory of man, the characters and propenfities of human be- ings, the procefs of our own minds, the capacity of our natures, are fcarcely lefs valuable. The reafon they are fo will beft ap- pear if we confider, fecondly, the tendency of truth in con- ducing to the perfection of our virtue. to our moral Virtue cannot exift in an eminent degree, unaccompanied by an extenfive furvey of caufes and their confequences, fo that, having ftruck an accurate balance between the mixed benefits and injuries that for the prefent adhere to all human affairs, we may adopt that conduct which leads to the greater! poflible ad- vantage. If there be fuch a thing as virtue, it mult admit of degrees. If it admit of degrees, he muft be moft virtuous, who choofes with the foundeft judgment the greateft poflible good of his fpecies. But, in order to choofe the greateft poflible good, * See the Parmenides. be CHAP. IV. Section I. O F T R U T H. 233 he muft be deeply acquainted with the nature of man, its gene- BOO K rv ral features and its varieties. In order to execute it, he muft have confidered all the inftruments for imprefling mind, and the different modes of applying them, and muft know exactly the proper moment for bringing them into action. In what- ever light we confider virtue, whether we place it in the action or the difpofition, its degree muft be intimately connected with the degree of knowledge. No man can love virtue fufficiently, who has not an acute and lively perception of its beauty, and its tendency to produce the only folid and permanent happinefs. What comparifon can be made between the virtue of Socrates and that of a Hottentot or a Siberian ? A humorous example how univerfally this truth has been perceived might be drawn from Tertullian, who, as a father of the church, was obliged to maintain the hollownefs and infignificance of pagan virtues, and accordingly allures us, " that the moft ignorant peafant under the Chriftian difpenfation pofleffed more real knowledge than the wifeft of the ancient philofophers *." We fhall be ftill more fully aware of the connection between Vtrtue the virtue and knowledge, if we confider that the higheft employ- ofhappinefc: ment of virtue is to propagate itfelf. Virtue alone is happinefs. proved by companion : The happinefs of a brute that fpends the greater part of his life in liftleflhefs and fleep, is but one remove from the happinefs of a plant that is full of fap, vigour and nutrition. The happinefs * Apologia, Cap. xlvi. See this fubjecl: farther purfued in Appendix, No. I. H h of 234 0F THE CULTIVATION rw a p \v °^ a man wn0 P urmes licentious pleafure is momentary, and his >— > — r J intervals of Wearinefs and difguft perpetual. He fpeedily wears himfelf out in his fpecious career ; and, every time that he em- ploys the means of delight which his corporeal exiftence affords him, takes fo much from his capacity of enjoyment. If he be wife enough like Epicurus to perceive a part of thefe difad- vantages, and to find in frefh herbs and the water of the fpring the trueft gratification of his appetite, he will be obliged to feek fome addition to his ftock of enjoyment, and like Epicurus to become benevolent out of pure fenfuality. But the virtuous man has a perpetual fource of enjoyment. The only reafon on account of which the truth of this affertion was ever contro- verted, is, that men have not underftood what it was that con- ftituted virtue. by its manner It is impoflible that any fituation can occur in which virtue of adapting itfeiftoaii cannot find room to expatiate. In fociety there is continual fituations : opportunity for its active employment. I cannot have inter- courfe with any human being who may not be the better for that intercourfe. If he be already juft and virtuous, thefe qua- lities are improved by communication. It is from a fimilar principle that it has been obferved that great geniufes have ufually exifted in a clufter, and have been awakened by the fire ftruck into them by their neighbours. If he be imperfect and erroneous, there mull be always fome prejudice I may contri- bute to deftroy, fome motive to delineate, fome error to remove* 7 U OF TRUTH. 235 If I be prejudiced and imperfect myfelf, it cannot however happen J*00 K IV. that my prejudices and imperfections mall be exactly coincident o — ~ W ~~T' with his. I may therefore inform him of the truths that I know, and even by the collifion of prejudices truth is elicited. It is impoffible that I fhould ftrenuoufly apply myfelf to his mind with fincere motives of benevolence without fome good being the remit. Nor am I more at a lofs in folitude. In folitude I may accumulate the materials of focial benefit. No fituation can be fo defperate as to preclude thefe efforts. Voltaire, when fhut up in the Baftille, and for ought he knew for life, deprived of books, of pens and of paper, arranged and in part executed the project of his Henriade *. Another advantage of virtue in this perfonal view, is that, by its unde- caying exccl- while fenfual pleafure exhaufts the frame, and paffions often ex- fence : cited become frigid and callous, virtue has exactly the oppofite propenfities. Paffions, in the ufual acceptation of that term, having no abfolute foundation in the nature of things, delight only by their novelty. But the more we are acquainted with virtue, the more eftimable will it appear ; and its field is as end- lefs as the progrefs of mind. If an enlightened love of it be once excited in the mind, it is impoffible that it fhould not con- tinually increafe. By its variety, by its activity it perpetually * Vie de Voltaire, par M*** (faid to be the marquis de Villette). A Geneve, 1 786. Chap. iv. This is probably the beft hiftory of this great man which has yet appeared. H h 2 renovates 236 OF THE CULTIVATION BOQKiV. renovates itfelf, and renders the intellect in which it refide* StCTION I. ever new and ever young. eannot be ef- All thefe reafonings are calculated to perfuade us that the mofl foiitually pro- ° pagated but precious boon we can beftow upon others is virtue, that the yatedmtnd. higheft employment of virtue is to propagate itfelf. But, as virtue is infeparably connected with knowledge in my own mind, fo can it only by knowledge be communicated to others. How can the virtue we have juft been contemplating be created, but by infufmg comprehenfive views and communicating ener- getic truths ? Now that man alone is qualified to give thefe views, and communicate thefe truths, who is himfelf pervaded with them. Let us fuppofe for a moment virtuous difpofitions as exifting without knowledge or outrunning knowledge, the laft of which is certainly poflible, and we fhall prefently find how little fuch virtue is worthy to be propagated. The rnoft generous views will in fuch cafes frequently lead to the moll nefarious actions. A Calvin will burn Servetus, and a Digby generate the gun- powder treafon. But, to leave thefe extreme inftances, in all cafes where miftaken virtue leads to cruel and tyrannical actions, the mind will be foured and made putrefcent by the actions it perpetrates. Truth, immortal and ever prefent truth, is fo powerful, that, in fpite of all his inveterate prejudices, the upright man will fufpect himfelf, when he refolves upon an action OF TRUTH, 237 action that is at war with the plained principles of morality. BOOK W He will become melancholy, difiatisfied and an-cious. His firm- „ *~-r* *•**" * * Section I. nefs will degenerate into obftinacy, and his juftice into inexora- ble feverity. The farther he purfues his fyftem, the more erro- neous will he become. The farther he purfues it, the lefs will he be fatisfied with it. As truth is an endlefs fource of tranquil- lity and delight, error will be a prolific fountain of new miftakes and new difcontent. As to the third point, the tendency of truth to the improve- Importance of general ment of our political inftitutions, this is in reality the fubject of tru th to our political im- the prefent volume, and has been particularly argued in fome of provement. the earlier divifions of the work. If politics be a fcience, the inveftigation of truth muft be the means of unfolding it. If men refemble each other in more numerous and eflential par- ticulars than thofe in which they differ, if the beft purpofes that can be accomplifhed reflecting them be to make them free and virtuous and wife, there muft be one beft method of advancing thefe common purpofes, one beft mode of focial exiftence deducible from the principles of their nature. If truth be one, there muft be one code of truths on the fubject of our reciprocal duties. Nor is the inveftigation of truth only the beft mode of arriving at the object of all political inftitutions, but it is alfo the beft mode of introducing and eftablifhing it. Difcuflion is the path that leads to difcovery and demonftration. Motives fer- ment in the minds of great bodies of men till all is ripe for action* 238 O F S I N C E R I T Y. 5S° n J X't adion. The more familiar the mind becomes with the ideas of Crl-lr. IV. g" — *~r - ' which they confift and the proportions that exprefs them, the more fully is it pervaded with their urgency and importance. SECTION II. OF SINCERITY NATURE OF THIS VIRTUE. — ITS EFFECTS — UPON OUR OWN ACTIONS — UPON OUR NEIGHBOURS. — ITS TENDENCY TO PRODUCE FORTITUDE. — EFFECTS OF INSINCERITY. — CHA- RACTER WHICH SINCERITY WOULD ACQUIRE TO HIM WHO PRACTISED IT. — OBJECTIONS. — THE FEAR OF GIVING UNNECESSARY PAIN. ANSWER. THE DESIRE OF PRESERVING MY LIFE. — THIS OBJECTION PROVES TOO MUCH. — ANSWER. — SECRECY CONSIDERED. — THE SE- CRETS OF OTHERS. — STATE SECRETS. — SECRETS OF PHI- LANTHROPY. Section II T T is evident in the laft place, that a ftridT: adherence to truth N^ToTthil will have the bell effetl: upon our minds in the ordinary commerce of life. This is the virtue which has commonly been known by the denomination of fincerity ; and, whatever certain accom- O F S I N C E R I T Y. 239 accommodating moralifts may teach us, the value of fincerity ^9PJ^ \Y: will be in the higheft degree obfcured, when it is not complete. ]■ * — ~i <=><-> r Section II. Real fincerity depofes me from all authority over the ftatement of fads. Similar to the duty which Tully impofes upon the hiftorian, it compels me not to dare " to utter what is falfe, or conceal what is true." It annihilates the baftard prudence, which would inftruct me to give language to no fentiment that may be prejudicial to my interefts. It extirpates the low and felfifh principle, which would induce me to utter nothing " to the dis- advantage of him from whom I have received no injury." It compels, me to regard the concerns of my fpecies as my own concerns. "What I know of truth, of morals, of religion, of government, it compels me to communicate. All the praife which a virtuous man and an honeft action can merit, I am obliged to pay to the uttermoft mite. I am obliged to give language to all the blame to which profligacy, venality, hy- pocrify and circumvention are fo juftly entitled. I am not em- powered to conceal any thing I know of myfelf, whether it tend to my honour or to my difgrace. I am obliged to treat every other man with equal franknefs, without dreading the imputation of flattery on the one hand, without dreading his refentment and enmity on the other. Did every man impofe this law upon himfelf, he would be itseffefls obliged to confider before he decided upon the commiflion of an aftionsJ equivocal a&ion, whether he choie to be his own hiftorian, to be *4° O F S I N C E R I T Y. BOOK IV. CHAP. IV. Section II. be the future narrator of the fcene in which he was engaging. It has been juftly obferved that the popifh practice of auricular confeflion has been attended with fome falutary effects. How much better would it be, if, inftead of a pra&ice thus ambigu- ous, and which may be converted into fo dangerous an engine of ecclefiaftical defpotifm, every man would make the world his confeffional, and the human fpecies the keeper of his con- fcience ? B pon our How extenfive an effect would be produced, if every man were fure of meeting in his neighbour the ingenuous cenfor, who would tell to himfelf, and publifh to the world, his virtues, his good deeds, his meanneffes and his^follies ? I have no right to reject any duty, becaufe it is equally incumbent upon my neighbours, and they do not practife it. When I have dis- charged the whole of my duty, it is weaknefs and vice to make myfelf unhappy about the omiffions of others. Nor is it poflible to fay how much good one man fufficiently rigid in his ad- herence to truth would effect. One fuch man, with genius, information and energy, might redeem a nation from vice. , The confequence to myfelf of telling every man the truth, to produce regardlefs of perfonal danger or of injury to my interefts in the world, would be uncommonly favourable. I mould acquire a fortitude that would render me equal to the moft trying fitua- tions, that would maintain my prefence of mind entire in fpite of OF SINCERITY. 241 Section II. of unexpected occurrences, that would furnifh me with extern- BOOK IV. 1 .. CHAP. IV. porary arguments and wifdom, and endue my tongue with *- irrefiftible eloquence. Animated by the love of truth, my underftanding would always be vigorous and alert, not as before frequently fubject to' liftlefTnefs, timidity and infipidity. Ani- mated by the love of truth, and by a paffion infeparable from its nature, and which is almoft the fame thing under another name, the love of my fpecies, I fliould carefully feek for fuch topics as might molt conduce to the benefit of my neighbours, anxioufly watch the progrefs of mind, and incefTantly labour for the extir- pation of prejudice. What is it that at this day enables a thoufand errors to keep E ff- e & 3 f their ftation in the world, prieftcraft, tefts, bribery, war, cabal, fincerit y" and whatever elfe is the contempt and abhorrence of the enlight- ened and honeft mind ? Cowardice. Becaufe, while vice walks erect with an unabafhed countenance, men lefs vicious dare not paint her with that truth of colouring, which fhould at once confirm the innocent and reform the guilty. Becaufe the majority of thofe who are not involved in the bufy fcene, and who, pofTefling fome difcernment, fee that things are not alto- gether right, yet fee in fo frigid a way, and with fo imperfect a view. Many, who detect the impofture, are yet abfurd enough to imagine that impofture is neceffary to keep the world in awe, and that truth being too w^ak to curb the turbulent paf- fions of mankind, it is exceedingly proper to call in knavery and artifice as the abettors of her power. If every man ,to-day I i ' would m- 242 OF SINCERITY. '-i BOOK iv. would tell all the truth he knows, three years hence there would ^~~~ s -'~~^ be fcarcely a falfhood of any magnitude remaining in the civilifed world. Chat-after There is no fear that the character here defcribed fhould de- which hti- centy would generate into ruFgednefs and brutality *. The motive by which acquire to °- °° J • '"Wj v h is animated afFords a fufficient fecurity againa: fuch con- -practiied it. J o fequences. " I tell an unpleafant truth to my neighbour from a conviction that it is my duty. I am convinced it is my duty, becaufe I perceive the communication is calculated for his benefit." His benefit therefore is the motive of my proceeding, and with fuch a motive it is impoifible I mould not feek to communicate it in the moft efficacious form, not roufing his refentment, but awakening his moral feelings and his energy. Meanwhile the happieft of all qualifications in order to render truth palatable, is that which rifes fpontaneouily in the fituation we have been confidering. Truth according to the terms of the fuppofition is to be fpoken from the love of truth. But the face, the voice, the gefture are fo many indexes to the mind. It is fcarcely poffible therefore that the perfon with whom I am con- verfing mould not perceive, that I am influenced by no malig- nity, acrimony and envy. In proportion as my motive is pure, at-leaft after a few experiments, my manner will become unem- barrafled. There will be franknefs in my voice, fervour in my gefture, and kindnefs in my heart. That man's mind muft be * See a particular cafe of this fincerity difcufled in Appendix, No. II. I of OF SINCERITY. 243 of a very perverfe texture, that can convert a beneficent potion BOOK iv. J r ■ r CHAP. IV. adminiftered with no ungenerous retrofpect, no felfifh triumph, J * ' Section II. into rancour and averfion. There is an energy in the fincerity of a virtuous mind that nothing human can refill. I flop not to confider the objections of the man who is im- Objeftlons. merfed in worldly profpecls and purfuits. He that does not know that virtue is better than riches or title muft be convinced by arguments foreign to this place. But it will be aiked, " What then, are painful truths to be dif- The fear of clofed to perfona who are already in the molt pitiable circum- ceflary pain, fiances ? Ought a woman that is dying of a fever to be informed of the fate of her hufband whofe fkull has been fractured by a fall from his horfe ?" The mod that could poflibly be conceded to a cafe like this, Anfwer. is, that this perhaps is not the moment to begin to treat like a ra- tional being a perfon who has through the courfe of a long life been treated like an infant. But in reality there is a mode in which under fuch circumftances truth may fafely be communi- cated ; and, if it be not thus done, there is perpetual danger that it may be done in a blunter way by the heedlefs loquacioufnefs of a chambermaid, or the yet undebauched fincerity of an infant. How many arts of hypocrify, ftratagem and falfhood muft be employed to cover this pitiful fecret ? Truth was calculated in I i 1 the Section II, 244 OF SINCERITY. BOOK IV. th e nature of things to difcipline the mind to fortitude, humanity CHAP. IV. _ fa * ' 7 and virtue. Who are we, that we fhould fubvert the nature of things and the fyftem of the univerfe, that we mould breed up a fet of fummer infects, upon which the breeze of fincerity may never blow, and the temped of misfortune never beat I The defire of " But truth may fometimes be fatal to him that fpeaks it. preftrving lriri-r-. i my life. A man, who fought for the Pretender in the year 1745, when the event happened that difperfed his companions,, betook him- felf to folitary flight. He fell in with a party of loyalifts who were feeking to apprehend him ; but not knowing his perfon, they enquired of him for intelligence to guide them in their pur- fuit. He returned an anfwer calculated to cherifh them in their miftake, and faved his life*" This objec- This like the former is an extreme cafe ; but the true anfwer tion proves too much. will probably be found to be the fame. If any one fhould quef- tion this, let him confider how far his approbation of the con- duit of the perfon above cited would lead him. The rebels, as they were called, were treated in the period from which the example is drawn with the rnofl illiberal injuffice. This man, guided perhaps by the mod magnanimous motives in what he had done, would have been put to an ignominious death. But, if he had a right to extricate himfelf by falfhood, why not the wretch who has been guilty of forgery, who has deferved pu- nifhment, but who may now be confcious that he has in him materials OF SINCERITY. 24 H-S StCTlON II. materials and Inclination to make a valuable member of fociety ? J , ,9?i5 }7 T ; CriAr. IV. Nor is the inclination an effential part of the fuppoiition. Where- ever the materials exift, it will perhaps be found to be flagrantly unjuft on the part of fociety to deftroy them, inftead of diicovering the means by which they might be rendered innocent and ufe- ful. At this rate, a man has nothing to do but to commit one crime, in order to give him a right to commit a fecond which fhall fecure impunity to the firfh But why, when fo many hundred individuals have been con- Anfwer. tented to become martyrs to the unintelligible principles of a pitiful feci:, mould not the one innocent man I have been de- fcribing be contented to offer himfelf up a victim at the lhrine of veracity ? Why fhould he purchafe a few poor years of exile and mifery by the commhTion of fallhood ? Had he furren- dered himfelf to his purfuers, had he declared in the prefence of his judges and his country, " I, whom you think too wicked and degenerate to deferve even to live, have chofen rather to en- counter your injuflice than be guilty of an untruth : I would have efcaped from your iniquity and tyranny if I had been able; but, hedged in on all fides, having no means of deliverance but in falfhood, I chearfully fubmit to all that your malice can inflict rather than violate the majefty of truth :" would he not have done an honour to himfelf, and afforded an example to the world, that would have fully compenfated the calamity of his untimely death ? It is in all cafes incumbent upon us to dif- charge Section II. 246 OF SINCERITY. rw° K IV ' charge our own duty, without being influenced by the enquiry whether other men will difcharge or neglect theirs. It muft be remembered however that this is not the true jet of the argument. The ftrefs does not lie upon the good he would have done : that is precarious. This heroic action, as it is to be feared has been the cafe with many others, might be configned to oblivion. The object of true wifdom under the circumftances we are confidering, is to weigh, not fo much what is to be done, as what is to be avoided. We mull not be guilty of infincerity. We muft not feek to obtain a defirable object by vile means. We muft prefer a general principle to the mere- tricious attractions of a particular deviation. We muft perceive in the prefervation of that general principle a balance of univer- fal good, outweighing the benefit to arife in any inftance from fuperfeding it. It is by general principles that the bufinefs of the univerfe is carried on. If the laws of gravity and impulfe did not make us know the confequences of our actions, we fhould be incapable of judgment and inference. Nor is this lefs true in morals. He that, having laid down to himfelf a plan of fin- cerity, is guilty of a fingle deviation, infects the whole, conta- minates the franknefs and magnanimity of his temper (for for- titude in the intrepidity of lying is bafenefs), and is lefs vir- tuous than the foe againft whom he defends himfelf; for it is more virtuous in my neighbour to confide in my apparent ho- jae fty, than in me to abufe his confidence. In the cafe of mar- tyrdom O F S I N C E P. I T Y. 2.1.7 tyrdom there are two things to be confidered. It is an evil not BOOK-IV, J ° ■ CHAP. IV. wantonly to be incurred, for we know not what c;ood vet re- r k •■ — ~rf 1 ' - -fa Sloiion II. ■ mains for us to: do. - It is 'an evil not to be avoided at the ex- pence of principle, for we fhould be upon our guard againft fit- ting an inordinate value upon our own efforts, and imagining that truth would die, if we were to be deftroyed. " But what becomes of the great duty of fecrecy, which the Secrecy con- fide red. incomparable Fenelon has made a capital branch in the education of his Telemachus ?" It is annihilated. It becomes a truly vir- tuous man not to engage in any action of which he would be afhamed though all the world were fpedtator. Indeed Fenelon with all his ability has fallen into the moft palpable inconfiitency upon this fubject. In Itbaca a confiderable part of the merit of Telemachus confifls in keeping his mother's fecrets *. When he arrives in Tyre, he will not be perluaded to commit or fuffer a deception, though his life was apparently at flake f . What is it of which an honeft man is commonly afhamed ? Of virtuous poverty, of doing menial offices for himfelf, of hav- ing raifed himfelf by merit from a humble fituation, and of a thoufand particulars which in reality conflitute his glory. With refpect to actions of beneficence we cannot be too much upon our guard againft a fpirit of orientation and the character that imperioufly exacts the gratitude of its beneficiaries ; but it is certainly an extreme weaknefs to defire to hide our deferts. So * Tilemaque. Liv. XVI. \ Liv. III. far 248 OF SINCERITY. E 29 I 5 IY; far from defirin"; to withhold from the world the know- CHAP. IV. & SectionII. ledge of our good deeds, we ought to be forward to exhibit an attractive and illuftrious example. We cannot determine to keep any thing fecret without rifking at the fame time to commit a hundred artifices, quibbles, equivocations and falf- hoods. The fecrets But the fecrets of others, " have I a power over them ?" Pro- of others. bably not : but you have a duty reflecting them. The facts with which you are acquainted are a part of your pofTeflions, and you are as much obliged reflecting them as in any other cafe, to employ them for the public good. Have I no right to indulge in myfelf the caprice of concealing any. of my affairs, and can another man have a right by his caprice to hedge up and re- State fecrets. ftrain the path of my duty ? — " But ftate fecrets ?" This perhaps is a fubject that ought not to be anticipated. We fhall have occafion to enquire how minifters of the concerns of a nation came by their right to equivocate, to juggle and over-reach, while private men are obliged to be ingenuous, direct and fincere. Secrets of There is one cafe of a lingular nature that feems to deferve a j>. nt iropy. f e p arate examination ; the cafe of fecrets that are to be kept for the fake of mankind. Full juftice is done to the affirmative fide of this argument by Mr. Condorcet in his Life of Voltaire, where he is juftifying this illuftrious friend of mankind, for his gentle- nefs and forbearance in afferting the liberties of the fpecies. He firfi OF SINCERITY. 2 49 firft enumerates the inceffant attacks of Voltaire upon fuperftition, BOOK IV. • • i n •• • CHAP. IV. hypocritical authorities and war ; and then proceeds : " It is true, * v / Section II. the more men are enlightened, the more they will be free ; but let us not put defpots on their guard, and incite them to form a league againfl the progrefs of reafon. Let us conceal from them the ftricl: and eternal union that fubiifts between knowledge and liberty. Voltaire thought proper to paint fuperftition as the enemy of monarchy, to put kings and princes upon their guard againfl the gloomy ferocity and ambition of the priefthood, and to demonftrate that, were it not for the freedom of thought and inveftigation, there would be no fecurity againft the return of papal infolence, of profcriptions, affaffinations and religious war. Had he taken the other fide of the queftion, had he maintained, which is equally true, that fuperftition and ignorance are the fupport of defpotifm, he would only have anticipated truths for which the public were not ripe, and have feen a fpeedy end to his career. Truth taught by moderate degrees gradually en- larges the intellectual capacity, and infenfibly prepares the equa- lity and happinefs of mankind ; but taught without prudential reftraint would either be nipped in the bud, or occafion national <:oncuffions in the world, that would be found premature and therefore abortive"*." What * " Plus les hcmtnes feront eclaires, plus lis feront Hires.— Mais n avertiffons point ■Its cpprejjeurs de former une ligue contre la raifon, cachons leur Vetroite et neceffaire union des lumieres et de la libcrte. — Quel /era done le devoir d'urt philofophe ? — // etiairera les gouvernemens fur Uut ce quill out a craittdre des pretres.—Il fera voir K k qui *-_ Section II. 250 OF SINCERITY. BOOK IV. What a cowardly diftruft do reafonings likethefe exhibit of the omnipotence of truth ! With refpedt to perfonal fafety, it will be found upon an accurate examination that Voltaire with all his ingenuity and ftratagem was for fixty years together the object of perpetual, almoft daily perfecution from courts and minifters*. He was obliged to retire from country to country, and at laft to take advantage, of a refidence upon the borders of two ftates with a habitation in each. His attempts to fecure the patronage of princes led only to viciffitude and difgrace. If his plan had been more firm and diredt, he would not have been lefs fafe. Timidity, and an anxious endeavour to fecure to ourfelves a protestor, invite perfecution; With the advantages of Voltaire, with his talents and independence, he might have held the tyrants of the world in awe. que, fans la liberie de penfer le mime efprit dans le clerge ramenerait les mimes affhffinats, les mimes fupplices, les memes profcriptions, les mimes guerres civiles. — Ail lieu de montrer que la fuperjlition ejl I'appui du dcfpotifme, avant que la raifon ait raffemble affez de force, il prvuvera qu'elle ejl Vennemie des rois. — Tel ejl F efprit de tous les ouvrages de Voltaire — ^ue des hommes, inferieurs a lui, ftevoyent pas que Jt Voltaire exit fait autrement, ni Montefquieu ni Rouffiau n'auraient pu ecrire leurs euvrages, que P Europe ferait encore fuperjlitieufe, et rejlerait long-tems efclave. — En attaqtiant les oppreffeurs avant d 'avoir eclairi les citoyens, on rifque de perdre la libertJ et d'etoujfer la raifon. L'hiftoire offre la pr.euve de cette verite. Combien de fois y malgri les ginereux efforts des amis de la liberte, une feule bataille n'a-t-ellepas reduit des nations a une fervitude de plufteurs fiecles !—Pourquoi ne pas profit er de cette gxperience funefe, et favoir attendre des progres des lumieres une liberte plus reelle. plus durable et plus paifible ?" * Vie de Voltaire, par 3£***, throughout.. A* OF SINCERITY. n S i As to the progrefs of truth, it is not fo precarious as its fear- BOOK IV. CHAP. IV. ful friends may imagine. Mr. Condorcet has iuftly infinuated ' ^~rf J ° -J J SSCTION II. in the courfe of his argument, that " in the invention of printing is contained the embryo, which in its maturity and vigour is deftined to annihilate the flavery of the human race*." Books, if proper precautions be employed, cannot be deftroyed. Know- ledge cannot be extirpated. Its progrefs is filent, but infallible ; and he is the moft ufeful foldier in this war, who accumulates in an unperifhable form the greateft mafs of truth. As truth has nothing to fear from her enemies, fhe needs not have any thing to fear from her friends. The man, who pub- limes the fublimeft difcoveries, is not of all others the moft likely to inflame the vulgar, and hurry the great queftion of human happinefs to a premature crifis. The object to be purfued un- doubtedly is, the gradual improvement of mind. But this end will be better anfwered by exhibiting as much truth as pofhble, enlightening a few, and fufFering knowledge to expand in the proportion which the laws of nature and neceflity prefcribe, than by any artificial plan of piecemeal communication that we can invent. There is in the nature of things a gradation in difcovery and a progrefs in improvement, which do not need to be affifted by the ftratagems of their votaries. In a word, there cannot be a more unworthy idea, than that truth and virtue fhould be * " Peut-etre avant P invention de P imprimerie Hait-il impo/fible ti fe foujlvaire an K k 2 under 2 S i OF SINCERITY. BOOK IV. under the necefllty of feeking alliance with concealment. The CHAP. IV. J b ! — — - — r J man, who would artfully draw me into a little, that by fo doing SECTION II. ' J ' * & he may unawares ftirprife me into much, I infallibly regard as. an impoflor. Will truth, contracted into fome petty fphere and fhorn of its beams, acquire additional evidence ? Rather let me truft to its omnipotence, to its congeniality with the nature of intellect, to its direcl: and irrefiftible tendency to produce liberty, and happinefs, and virtue. Let me fear that I have not enough of it, that my views are too narrow to produce impreffion, and anxioufly endeavour to add to my flock ; not apprehend, that,, exhibited in its noon-day brightnefs, its luflre and genial nature.- fhould not be univerfally confeffed %. * See this. fubjec"t farther purfued in Appendix, No. III... APPENDIX, [ 2 S3 1 APPENDIX, No. I. p. 233. OF THE CONNEXION BETWEEN UNDERSTANDING AND VIRTUE. CAN EMINENT VIRTUE EXIST UNCONNECTED WITH TA- LENTS ? — NATURE OF VIRTUE. — IT IS THE OFFSPRING OF UNDERSTANDING. — IT GENERATES UNDERSTAND- ING. — ILLUSTRATION FROM OTHER PURSUITS — LOVE — AMBITION — APPLIED. CAN EMINENT TALENTS EXIST UNCONNECTED WITH VIR- TUE? ARGUMENT IN THE AFFIRMATIVE FROM ANA- LOGY IN THE NEGATIVE FROM THE UNIVERSALITY OF MORAL SPECULATION — EROM THE NATURE OF VICE AS EOUNDED IN MISTAKE. — THE ARGUMENT BALANCED. — IMPORTANCE OE A SENSE OF JUSTICE. ITS CONNEXION WITH TALENTS. ILLIBERALITY WITH WHICH MEN OF TALENTS ARE USUALLY TREATED.. A PROPOSITION which, however evident in itfelf, feems BOOK iv. CHAP. IV never to have been confidered with the attention it de- ^ v ../ r • . rr • Appendix, lerves, is that which affirms the connexion between underftand- No. I. . . Can eminent ing and virtue. Can an honeft ploughman be as virtuous as virtue «jft unconne&ed CatO ? with talents ? 254 CONNEXION BETWEEN BOOK IV. c a t ? I s a man f W eak intellects and narrow education as. v r — » ' capable of moral excellence as the fublimefl genius or the mind Appendix, a " No. I. moR. ftored with information and fcience ? Nature of vlr- To determine thefe queftions it is necefiary we fhould recol- iue. lect the nature of virtue. Confidered as a perfonal quality it confifts in the difpofition of the mind, and may be defined a de- fire to promote the benefit of intelligent beings in general, the quantity of virtue being as the quantity of defire. Now defire Is another name for preference, or a perception of the excel- lence real or fuppofed of any object. I fay real or fuppofed, for an object totally deftitute of real and intrinfic excellence, may become an object of defire by means of the imaginary excellence that is afcribed to it. Nor is this the only miftake to which hu- man intelligences are liable. We may defire an object of abfo- lute excellence, not for its real and genuine recommendations) but for fome fictitious attractions We may impute to it. This is always in fome degree the cafe, when a beneficial action is per- formed from an ill motive. How far is this miftake compatible with real virtue ? If I de- fire the benefit of intelligent beings, not from a clear and diftinct perception of what it is in 'which their benefit confifts, but from the unexamined leflbns of education, from the phyfical effect of fympathy, or from any fpecies of zeal unallied to and incom- menfurate with knowledge, can this defire be admitted for vir- tuous ? UNDERSTANDING AND VIRTUE. 355 tuous ? Nothing fcems more inconfiftent with our ideas of virtue. 5S9 p rv' A virtuous preference is the preference of an object for the fake *": — » ' * ■ J Appendix, of certain beneficial qualities which really belong to that object. No- " To attribute virtue to any other fpecies of preference would be the fame as to fuppofe that an accidental effect of my conduct, which was altogether out of my view at the time of adopting it, might entitle me to the appellation of virtuous. . Hence it appears, firft, that virtue confifts in a defire of the It IstheofF- , fpring of un- benefit of the fpecies : and, fecondly, that that defire only can be demanding. denominated virtuous, which flows from a diftinct perception of the. value, and confequently of the nature, of the thing defired^ But how extenfive muft be the capacity that comprehends the. full value of that benefit which is the object of virtue ! It muft begin with a collective idea of the human fpecies. It. muft difcriminate, among all the different caufes that produce a- pleafurable ftate of mind, that which produces the moft exqui- fite and durable pleafure.. Eminent virtue requires that I ihould have, a grand view of the tendency of knowledge to produce happinefs, and of juft political inftitution to favour the progrefs- of knowledge. It demands that I fhould perceive in what man- ner focial intercourfe may be made conducive to virtue and fe- licity, and imagine the unfpeakable advantages that may arife* from a coincidence and fucceffion of generous efforts. Thefe things are neceffary, not merely for the purpofe of enabling me to employ my virtuous difpofition in the beft manner, but alfo. 2 foe *5 6 CONNEXION BETWEEN B rap tv' ^" or t ^ ie P ur P°fe of giving to that difpofition a juft: animation and vigour. God, according to the ideas ufually conceived of that being, is more benevolent than man, becaufe he has a conftant and clear perception of the nature of that end which his pro- vidence purfues. Appendix, No. I. It generates under- standing. A farther proof that a powerful understanding is infeparablc from eminent virtue will fuggeft itfelf, if we recoiled that earned defire never fails to generate capacity. Illuftration from other purfuits : love; This proportion has been beautifully illuftrated by the poets, when they have reprefented the paflion of love as immediately leading in the breaft of the lover to the attainment of many arduous accomplifhments. It unlocks his tongue, and enables him to plead the caufe of his paffion with infinuating eloquence. It renders his converfation pleafing and his manners graceful. Does he defire to exprefs his feelings in the language of verfe ? It dictates to him the moft natural and pathetic {trains, and fup- plies him with a juft and interefting language which the man of mere reflection and fcience has often fought for in vain. ambition : No picture can be more truly founded in a knowledge of human nature than this. The hiftory of all eminent talents is of a fimilar kind. Did Themiftocles defire to eclipfe the trophies of the battle of Marathon? The uneafinefs of this defire would not let him fleep, and all his thoughts were occupied with the 3 invention UNDERSTANDING AND VIRTUE. * S 7 invention of means to accomplifh the purpofe he had chofen. It BOOK IV. r r r CHAP. IV. is a well known maxim in the forming of juvenile minds, that * * * Appendix, the inftruction, which is communicated by mere conftraint, No. I. makes a flow and feeble impreffion ; but that, when once yoiy have infpired the mind with a love for its object, the fcene and the progrefs are entirely altered. The uneaiinefs of mjnd which earneft defire produces, doubles our intellectual activity ; and as furely carries us forward with increafed velocity towards our goal, as the expectation of a reward of ten thoufand pounds would prompt me to walk from London to York with firmer refolution and in a fhorter time.. Let the object be for a perfon uninftrucled in the rudiments of drawing to make a copy of fome celebrated ftatue. At firft, we will fuppofe, his attempt fhall be mean and unfuccefsful. If his defire be feeble, he will be deterred by the mifcarriage of this eflay. If his defire be ardent and invincible, he will return to the attack. He will derive inftruction from his failure. He will examine where and why he milcarried. He will ftudy his model with a more curious eye. He will perceive that he failed principally from the loofe and undigefted idea he had formed of the object before him. It will no longer ftand in his mind as one general mafs, but he will analyfe it, bellowing upon each part in fucceinon a feparate confideration. The. cafe is fimilar in virtue as in fcience. If I have con- £p pi; e d. L 1 ceived CONNEXION BETWEEN r hap tv" ct ^ VC( ^ an earneft defire of being a benefactor of my fpecies, I V: — - * mail no doubt find out a channel in which for my defire to Appendix, * N0, *■ operate, and fhall be quick-fighted in difcovering the defects or comparative littlenefs of the plan I have chofen. But the choice of an excellent plan for the accomplifhment of an important purpofe, and the exertion of a mind perpetually watchful to re- move its defects, imply confiderable underftanding. The far- ther I am engaged in the purfuit of this plan the more will my capacity increafe. If my mind flag and be difcouraged in the purfuit, it will not be merely want of underftanding, but want of defire. My defire and my virtue will be lefs, than thofe of the man, who goes on with unremitted conftancy in the fame career. Can eminent Thus far we have only been confidering how impoflible it Is talents exift unconnected that eminent virtue fhould exift in a weak underftanding, and it with virtue ? is furprifing that fuch a propofition mould ever have been con- tefted. It is a curious queftion to examine, how far the con_ verfe of this propofition is true, and in what degree eminent talents are compatible with the abfence of virtue. Argument in Erom the arguments already adduced it appears that virtuous dvefromana- defire is another name for a clear and diftinct perception of the £y " nature and value of the object of virtue. Hence it feems moft natural to conclude, that, though underftanding, or ftrong perci- pient power is the indifpenfible prerequifite of virtue, yet it is i neceflary UNDERSTANDING AND VIRTUE: 259 neceffary that this power fhould be fixed upon this object, in B^OK IV. . . . CHAP. IV. order to its producing the defired effect. Thus it is in art. * s ' Appendix, Without genius no man ever was a poet ; but it is necefTary that No. I. general capacity fhould have been directed to this particular channel, for poetical excellence to be the refult. There is however fome difference between the two cafes, in th^nega* • r r r r • • n- • r ti ve f rcm the Poetry is the bufinefs of a few, virtue and vice are the affairs of univerfalityof , moral iptLU- all men. To every intellect that exifts one or other, of thefe laticm: qualities muft properly belong. It muft be granted that, where every other circumftance is equal, that man will be moft virtuous, whofe underftanding has been moft actively employed in the ftudy of virtue. But morality has been in a certain degree an object of attention to all men. No perfon ever failed more or lefs to apply the flandard of juft and unjuft to his own actions and thofe of others ; and this has of courfe been generally done with mofl ingenuity by men of the greater! capacity. It muft farther be remembered that a vicious conduct is always from thena- the refult of narrow views. A man of powerful capacity and founded in " extenfive obfervation is leaft likely to commit the miftake, either of feeing himfelf as the only object of importance in the uni- verfe, or of conceiving that his own advantage may beft be pro~ moted by trampling on that of others. Liberalaccomplifhments are furely in fome degree connedf ed with liberal principles. He, who takes into. his view a whole nation as the fubjects of his L 1-2- operation; 260 CONNEXION BETWEEN r w a p rtr °P erat i° n or the inftruments of his greatnefs, may naturally be expected to entertain fome kindnefs for the whole. He, whofe mind is habitually elevated to magnificent conceptions, is not likely to fink without ftrong reluctance into thofe fordid pur- suits, which engrofs fo large a portion of mankind. CHAP. IV. Appendix, No. I. The argu- ment ba- lanced. But, though thefe general maxims muft be admitted for true, and would incline us to hope for a conftant union between emi- nent talents and great virtues, there are other confiderations which prefent a ftrong drawback upon fo agreeable an expecta- tion. It is fufficiently evident that morality in fome degree enters into the reflections of all mankind. But it is equally -evident, that it may enter for more or for lefs ; and that there will be men of the higheft talents, who have their attention diverted to other objects, and by whom it will be meditated upon with lefs earneftnefs, than it may fometimes be by other, men who are in a general view their inferiors. The human mind is in fome cafes fo tenacious of its errors, and fo ingenious in the invention of a fophiftry by which they may be vindicated, as to fruftrate expectations of virtue in other refpects the beft founded. Importance of a fenfe of ullice. From the whole of the fubject it feems to appear, that men ■of talents, even when they are erroneous, are not deftitute of virtue, and that there is a degree of guilt of which they are incapable. There is no ingredient that fo effentially contributes to a virtuous character as a fenfe of juftice. Philanthropy, as 2 con- UNDERSTANDING AND VIRTUE. 261 contradiftinguifhed to juftice, is rather an unreflecting feeling, BOOK TV. than a rational principle. It leads to an abfurd indulgence. ** « f Appendix, which is frequently more injurious than beneficial even to the No * *• individual it propofes to favour. It leads to a blind partiality, inflidting calamity without remorfe upon many perhaps, in order to promote the imagined intereft of a few. But juftice meafures by one inflexible ftandard the claims of all, weighs their oppofite pretentions, and feeks to diffufe happinefs, becaufe happinefs is the fit and reafonable adjunct of a confcious being. Wherever therefore a ftrong fenfe of juftice exifts, it is common and reafonable to fay, that in that mind exifts confiderable virtue, though the individual from an unfortunate concurrence of circumftances may with all his great qualities be the inftru- rnent of a very fmall portion of benefit. Can great intellectual energy exift without a ftrong fenfe of juftice ? It has no doubt refulted from a train of fpcculation fimilar to j ts C on- this, that poetical readers have commonly remarked Milton's talents, devil to be a being of confiderable virtue. It muft be admitted that his energies centered too much in perfonal regards. But why did he rebel againft his maker ? It was, as he himfelf informs us, becaufe he faw no fufficient i*eafon for that extreme inequality of rank and power which the creator aflumed. It was becaufe prefcription and precedent form no adequate ground for implicit faith. After his fall, why did he ftill cherifh* the fpirit of oppofition ? From a perfuafion that he was hardly and injurioufly 2 6a CONNEXION BETWEEN. oh a p iv ""yurioufly treated. He was not difcouraged by the apparent ^ — * ' inequality of the conteft: becaufe a fenfe of reafon and juftice Appendix, a ' •> No. I. wasftronger in his mind, than a fenie of brute force:, becaufe he had much of the feelings of an Epidletus or a Cato, and little of thofe of a flave, He bore his torments with fortitude, becaufe he difdained to be fubdued by defpotic power.. He fought re- venge, becaufe he could not think with tamenefs of the~ unex- poftulating authority that affirmed to difpofe of him. How bene- ficial and illuftrious might the temper from, which thefe qualities flowed have proved with a fmall diverfity of. fituation ! . Let us defcend from thefe imaginary exiftences to real his- tory. We fhall find that even Casfar and Alexander had their virtues.. There is great reafon to believe, that, however miftaken was their fyftem of conduct, they imagined it reconcileable and even conducive to the general good. If they had defired the- general good more earneftly, they would have underftood betters- how to promote- it,. Upon the whole it appears, that great talents are great ener- gies, and that great energies cannot flow but from a powerful ! fenfe of fitnefs and juftice. A man of uncommon genius is..at man of high paflions and lofty defign ; and our paflions. will be found in the laft analyfis to have, their fureft foundation in a* fentiment of juftice. If a man be of an afpiring and ambitious temper, it is becaufe at prefent he finds himfelf out of his place,, and' UNDERSTANDING AND VIRTUE. 163 and wifhes to be in it. Even the lover imagines that his qua- BOOK l 7' CHAP. IV* lities or his paffion eive him a title iuperior to that of other men. !; ■ ' r ° * Appendix, If I accumulate wealth, it is becaufe I think that the mod rational No * ** plan of life cannot be fecured without it ; and, if I dedicate my energies to fenfual pleafures, it is that I regard other purfuits as irrational and vifionary. All our paflions would die in the mo- ment they were conceived, were it not for this reinforcement. A man of quick refentment, of ftrong feelings, and who per- tinacioufly refifts every thing that he regards as an unjuft affumption, may be confidered as having in him the feeds of eminence. Nor is it eafily to be conceived that fuch a man fhould not proceed from a fenfe of juftice to fome degree of benevolence ; as Milton's hero felt real companion and fympathy for his partners in misfortune. If thefe reafonings are to be admitted, what judgment fhall nj&aality with which we form of the decifion of doctor Johnfon, who, fpeaking of a men of ta- lents are certain obfcure translator of the odes of Pindar, fays, that he ufually treated, was " one of the few poets to whom death needed not to be terrible * ?" Let it be remembered that the error is by no means peculiar to doctor Johnfon, though there are few inftances in which it is carried to a more violent extreme, than in the general tenour of the work from which this quotation is taken. It was natural to expect that there would be a combination among the multitude to pull down intellectual eminence. Ambition is com- '* lives of ihe Poets : Life of Weft. mon 264 .CONNEXION, &c. BOOK IV* mon to all men ; and thofe, who are unable to rife to diftinc"tiorr,. CHAP. IV. \ ... . * — — v ' are at leaft willing to reduce others to their own ftandard. No- Appendix, / No. I. man can completely underftand the character of him with whom he has no fympathy of views, and we may be allowed to- revile what we do not underftand. But it is deeply to be re- gretted that men of talents fhould fo often have entered into this combination.. "Who does not recollect with pain the vulgar abufe that Swift has thrown upon Dryden, and the mutual jea- Ipufies and animofities of RoufTeau and Voltaire, men who, Qughttp have co-operated for. the faivation of. the world?. APPENDIX, APPENDIX, No. II, p. 242. OF THE MODE OF EXCLUDING VISITORS. ITS IMPROPRIETY ARGUED — FROM THE SITUATION IN WHICH IT PLACES, I. THE VISITOR — 2. THE SERVANT. — OBJECTIONS: — PRETENDED NECESSITY OF THIS PRAC- TICE, I. TO PRESERVE US FROM INTRUSION — 2. TO FREE US FROM DISAGREEABLE ACQUAINTANCE. — CHARACTERS OF THE HONEST AND DISHONEST MAN IN THIS RESPECT COMPARED. THIS principle refpecting the obfervation of truth in the BOOK IV. PHAP1V common intercourfes of life cannot perhaps be better Appendix, illuftrated, than from the familiar and trivial cafe, as it is com- No. II. Its impro- monly fuppofed to be, of a mafter dire&ing his fervant to fay priety argued : he is not at home, as a means of freeing him from the intrufion of impertinent guefts. No queftion of morality can be foreign to the fcience of politics ; nor will thofe few pages of the prefent work be found perhaps the leaft valuable, which here and in other places* are dedicated to the refutation of errors, that by their extenfive influence have perverted the foundation of moral and political juftice. * Vide Appendices to Book II, Chap. II. Mm Let 266 OFTHEMODEOF » BOOK IV. L e t us £ r f)- according to the well known axiom of morality, put ourfelves in the place of the perfon whom this anfwer CHAP. IV Appendix, No. II. excludes. It feldom happens but that he is able, if he be in from the rr 7 fituation In which it pofTeffion of any difcernment, to difcover with tolerable accuracy places, l.the w hether the anfwer he receives be true or falfe. There are a viljtor : thoufand petty circumftances by which falfhood continually detects itfelf. The countenance and the voice of the fervant, unlefs long pradtifed indeed in this leflbn of deceit, his cold and referved manner in the one cafe, and his free, ingenuous and unembarrafTed air in the other, will almoft always fpeak a language lefs ambiguous than his lips. But let us fuppofe only that we vehemently fufpecT; the truth. It is not intended to keep us in ignorance of the exiftence of fuch a practice. He that adopts it, is willing to avow in general terms that fuch is his fyftem, or he makes out a cafe for himfelf much lefs favour- able than I was making out for him. The vifitor then who receives this anfwer, feels in fpite of himfelf a contempt for the prevarication of the perfon he vifits. I appeal to the feelings of every man in the fituation defcribed, and I have no doubt that he will find this to be their true ftate in the firft inftance, how- ever he may have a fet of fophiftical reafonings at hand by which he may in a few minutes reafon down the firft move- ments of indignation. He feels that the trouble he has taken and the civility he intended intitled him at leaft to truth in return. Having EXCLUDING VISITORS. 267 Having put ourfelves in the place of the vifitor, let us next B00K IV. r r ' CHAP. IV. 2. the fcr- vant. put ourfelves in the place of the poor defpifed fervant. Let us * v ' ■ * Appendix, fuppofe that we are ourfelves deflined as fons or hufbands to „^°- f jJ- give this anfwer that our father or our wife is not at home, when he or fhe is really in the houfe. Should we not feel our tongues contaminated with the bafe plebeian lie ? Would it be a fufficient opiate to our confciences to fay that "fuch is the practice, and it is well underflood ?" It never can be underflood : its very intention is, not to be underflood. We fay that " we have certain arguments that prove the practice to be innocent." Are fervants only competent to underhand thefe arguments ? Surely we ought beft to be able to underfland our own argu- ments, and yet we fhrink with abhorrence from the idea of per- fonally acting upon them. Whatever fophiflry we may have to excufe our error, nothing is more certain than that our fervants underfland the leffon we teach them to be a lie. It is accompanied by all the retinue of falfhood. Before it can be gracefully pra&ifed, the fervant mufl be no mean proficient in the myfleries of hypocrify. By the eafy impudence with which it is uttered, he befl anfwers the purpofe of his mafler, or in other words the purpofe af deceit. By the eafy impudence with which it is uttered, he befl flifles the upbraidings of his own mind, and conceals from others the fhame impofed on him by his defpotic tafk-mafler. Before thii can be fufficiently done, he mufl have difcarded the. ingenuous M m 2 franknefs 268 OFTHEMODEOF chap *iv ^ ran ^ ne ^ s by means of which the thoughts find eafy commerce ^~P^~^ with the tongue, and the clear and undifguifed countenance No. II. w hich ought to be the faithful mirror of the mind. Do you think, when he has learned this degenerate leffon in one inftance, that it will produce no unfavourable effects upon his general conduct ? Surely, if we will practife vice, we ought at leaft to have the magnanimity to practife it in perfon, not cowardlike corrupt the principles of another, and oblige him to do that which we have not the honcfly to dare to do for ourfelves. Objeaions: But 5* ' 1S &*&> " tnat &&* ne * s neceffary, and that the inter- Pretended courfe of human fociety cannot be carried on without it." What, this praftice, is it not as eafy to fay, " I am engaged," or " indifpofed," or as I. to preferve „ us from in- the cafe may happen, as " I am not at home r Are thele an- fwers more infulting, than the univerfally fufpe&ed anfwer, the notorious hypocrify of " I am not at home ?" The purpofe indeed for which this anfwer is ufually em- ployed is a deceit of another kind. Every man has in the ca- talogue of his acquaintance fome that he particularly loves, and others to whom he is indifferent, or perhaps worfe than indif- ferent. This anfwer leaves the latter to fuppofe, if they pleafe, that they are in the clafs of the former. And what is the bene- fit to refult from this indifcriminate, undiftinguifhing manner of treating our neighbours ? Whatever benefit it be, it no doubt exifts EXCLUDING VISITORS. 269 exifts in confiderable vigour in the prefent ftate of polifhed fo- BOOK IV. ciety, where forms perpetually intrude to cut off all intercourfe 5 « ' J * * ' Appendix, between the feelings of mankind; and I can fcarcely tell a man No - IL on the one hand " that I efteem his character and honour his virtues," or on the other " that he is fallen into an error which will be of prejudicial confequence to him," without trampling upon all the barriers of politenefs. But is all this right ? Is not the efteem or the difapprobation of others among the moft powerful incentives to virtue or punifhments of vice ? Can we even underftand virtue and vice half fo well as we otherwife fhould, if we be unacquainted with the feelings of our neigh- bours refpecting them ? If there be in the lift of our acquaintance any perfon whom we particularly diflike, it ufually happens that it is for fome moral fault that we perceive or think we perceive in him. Why fhould he be kept in ignorance of our opinion refpecting him, and prevented from the opportunity either of amendment or vindication ? If he be too wife or too foolifh, too virtuous or too vicious for us, why fhould he not be ingenu- oufly told of his miftake in his intended kindnefs to us, rather than be fuffered to find it out by fix months enquiry from our fervants ? This leads us to yet one more argument in favour of this dif- 2. to free us ingenuous practice. We are told, " there is no other by which ag°Teabie vre can rid ourfelves of difagreeable acquaintance." How long acquamtai .(hall this be one of the effects of polifhed fociety, to perfuade us that 270 OF THE MODE OF chap iv* t ^ iat we are mca P aD l e °^ doing the moft trivial offices for our- *r — • ' felves ? You may as well tell me, " that it is a matter of indif- Apphndix, ' No. II. penfible neceffity to have a valet to put on my {lockings," In reality the exiftence of thefe troublefome vifitors is owing to the hypocrify of politenefs. It is that we wear the fame indifcri- minate fmile, the fame appearance of cordiality and complacence to all our acquaintance. Ought we to do thus ? Are virtue and excellence entitled to no diftinctions ? For the trouble of thefe impertinent vifits we may thank ourfelves. If we practifed no deceit, if we affumed no atom of cordiality and efteem we did not feel, we ihould be little peftered with thefe buzzing intruders. But one fpecies of falfhood involves us in another ; and he, that pleads for thefe lying anfwers to our vifitors, in reality pleads the caufe of a cowardice, that dares not deny to vice the diftinc- tion and kindnefs that are exclufively due to virtue. Charafters of The man who acted upon this fyftem would be very far re- the honeft and diihoneft moved from a Cynic. The conduct of men formed upon the man in this refpeft com- fafhionable fyftem is a perpetual contradiction. At one moment pared. they fawn upon us with a fervility that difhonours the dignity of man, and at another treat us with a neglect, a farcaftic info- lence, and a fupercilious difdain, that are felt as the fevereft cruelty, by him who has not the firmnefs to regard them with neglect. The conduct of the genuine moralift is equable and uniform. He loves all mankind, he defires the benefit of all, and this love and this defire are legible in his conduct. Does 5 he EXCLUDING VISITORS. 271 he remind us of our faults ? It is with no mixture of afperity, BOOK l v - * ; ' CHAP. IV. of felfifh difdain and infolent fuperiority. Of confequence it is ^ — * ' Appendix, fcarcely poffible he fhould wound. Few indeed are thofe effe- No< IL minate valetudinarians, who recoil from the advice, when they diftinguifh the motive. But, were it otherwife, the injury is no- thing. Thofe who feel themfelves incapable of fufFering the mod benevolent plain dealing, would derive leaft benefit from the prefcription, and they avoid the phyfician. Thus is he de- livered, without harfhnefs, hypocrify and deceit, from thofe whofe intercourfe he had leaft reafon to defire ; and the more his cha- racter is underftood, the more his acquaintance will be feledt, his company being chiefly fought by the ingenuous, the well dif- pofed, and thofe who are defirous of improvement. APPENDIX, C 272 ] APPENDIX, No. Ill, p. 252. SUBJECT OF SINCERITY RESUMED. A CASE PROPOSED. ARGUMENTS IN FAVOUR OF CONCEAL- MENT. — previous question: IS TRUTH IN GENERAL TO BE PARTIALLY COMMUNICATED ? — CUSTOMARY EF- FECTS OF SINCERITY — OF INSINCERITY — UPON HIM WHO PRACTISES IT — I. THE SUSPENSION OF IMPROVE- MENT 2. MISANTHROPY— 3. DISINGENUITY — UPON THE SPECTATORS. — SINCERITY DELINEATED — ITS GENE- RAL IMPORTANCE. APPLICATION. — DUTY RESPECTING THE CHOICE OF A RESIDENCE. SOOK IV. ' I 'O enable us more accurately to judge of the extent of the chap. IV. I _ . _ « „ » "■■ obligation to be fincere, let us luppofe, " that I am Appendix, No. in. refident, as a native or otherwife, in the kingdom of Portugal, A cafe pro- pofed. and that I am of opinion that the eftablifhment, civil and re- ligious, of that country is in a high degree injurious to the wel- fare and improvement of the inhabitants." Ought I explicitly to declare the fentiments I entertain ? To this queftion I an- fwer, that " my immediate duty is to feek for myfelf a different refidence." The SINCERITY RESUMED. 275 The arguments in favour of concealment in this cafe are ob- ?J^°i? I T' vious. " That country is fubject to a hierh decree of defbotifm, **; — * ' ' J ° ° x Appendix, and, if I delivered my fentiments in this frank manner, efpe- . No - m - J ' * Arguments cially if alone with this I were ardent and indefatigable in en- in favour ot J ° a concealment. deavouring to profelyte the inhabitants, my fincerity would not be endured. In that country the inftitution of the holy inqui- fition ftill flourifhes, and the fathers of this venerable court would find means effectually to filence me, before I had well opened my commiffion. The inhabitants, wholly unaccuftomed to fuch bold affertions as thofe I uttered, would feel their pious ears inexpref- fibly fhocked, and the martyrdom I endured, inftead of pro- ducing the good effects with which martyrdom is fometimes at- tended, would foon be forgotten, and, as long as it was remem- bered, would be remembered only with execrations of my me- mory. If on the contrary I concealed my fentiments, I might fpend a long life in acts of fubftantial benevolence. If I con- cealed them in part, I might perhaps by a prudent and gradual difclofure effect that revolution in the opinions of the inhabi- tants, which by my precipitation in the other cafe I defeated in the outfet. Thefe arguments in favour of concealment are not built upon cowardice and felfifhnefs, or upon a recollection of the horrible tortures to which I mould be fubjected. They flow from confiderations of philanthropy, and an endeavour fairly to eftimate in what mode my exertions may be rendered mofl conducive to the general good." N n Before 274 BOOK IV. CHAP. IV. ' v ' Appendix, No. III. Previous queftion : Is truth in ge- neral to be partiallycom- municated ? SUBJECT OF Before we enter upon their direct examination, it may be pro- per to premife fome general obfervations. In the firft place, let us calmly enquire whether the inftance here ftated be of the na- ture of an exception or a rule. " Ought I univerfally to tell only a fmall part of the truth at a time, careful not to fhock the prejudices of my hearers, and thus lead them imperceptibly to conclusions which would have revolted them at firft ; or am I to practife this method only, where the rifk is great, and my life may be the forfeit ?" It would feem as if truth were a facred depofit, which I had no right to deal out in fhreds to my fellow men, juft as my temper or my prudence fhould dictate. It would feem as if it were an unworthy artifice, by an ingenious arrangement of my materials to trick men into a conclufion, to which franknefs, ingenuity and fincerity would never have con- ducted them. It would feem as if the fhock I am fo careful to avoid were favourable to the health and robuft conftitution of mind ; and that, though I might in this way produce leaf! tem- porary effect, the ultimate refult would afford a balance greatly in favour of undifguifed fincerity. Cuftomary effetts of fin- cerity: A fecond preliminary proper to be introduced in this place confifts hi a recollection of the general effects of fincerity and infincerity, the reafons for which the one is commonly laudable and the other to be blamed, independently of the fubjects about which they may be employed. Sincerity is laudable, on account of the firmnefs and energy of chara&er it never fails to produce. " An SINCERITY RESUMED. 275 " An upright man," it has fometimes been faid, " ou^lit to BOOK IV. r ° ' ' ° CHAP. IV. carry his heart in his hand." He outfit to have an insrenuouf- ^ * ' J 00 Appendix, nefs which fhrinks from no examination. The commerce be- N0, llL tween his tongue and his heart is uniform. Whatever he fpeaks you can depend upon to be the truth and the whole truth. The defigns he has formed he employs no artifice to conceal. He tells you in the firft inftance : " This is the propofition I mean to demonftrate. I put you upon your guard. I will not take you by furprife. If what I affirm be the truth, it will bear your fcrutiny. If it were error, I could have recourfe to no means more equivocal, than that of concealing in every ftep of the procefs the object in which my exertions were intended to terminate." Infincerity is to be blamed, becaufe it has an immediate afinfince- rity : tendency to vitiate the integrity of character. " I mult conceal upon him me opinions I entertain," fuppofe, "from the holy father in- ;t : ° pia quifitor." What method mail I employ for this purpofe ? Shall I ,. t hefufpen- hide them as an impenetrable fecretfrom all the world ? If this be pavements the fyftem I adopt, the confequence is an inftant and immediate end to the improvement of my mind. It is by the efforts of a daring temper that improvements and difcoveries are made. The feeds of difcovery are fcattered in every thinking mind, but they are too frequently ftarved by the ungenial foil upon which they fall. Every man fufpects the abfurdity of kings and lords, and the injuftice of that glaring and opprefiive inequality which fubfifts in moil civililed countries. But he dares net let his N n 2 mind 276 , SUBJECT OF il??o 17/ mind Ioofe in fo adventurous a fubjedt. If I tell my thoughts* CHAP. IV. J Jot •; * ' I derive from the act of communication encouragement to Appendix, ° No. III. proceed. I perceive in what manner they are received by others, and this perception acts by rebound upon my own progrefs. If they be received cordially, I derive new encouragement from the approbation of others. If they be received with oppofition and diftruft, I am induced to revife them. I detect their errors, or I ftrengthen my arguments, and add new truths to thofe which I had previoufly accumulated. What can excite me to / the purfuit of difcovery, if I know that I am never to commu- nicate my difcoveries ? It is in the nature of things impoffible, that the man, who has determined with himfelf never to utter the truths he knows, fhould be an intrepid and indefatigable thinker. The link which binds together the inward and the outward man is indhToluble ; and he, that is not bold in fpeech, z.wi'fan- will never be ardent and unprejudiced in enquiry. Add to this, thropy : that confcious difguife has the worft effect upon the temper, and converts virtue, which ought to be frank, focial and ingenuous, into a folitary, morofe and mifanthropical principle. d'f sre- But l et us conceive that the method I employ to protect my- nuit y : felf from perfecution is different from that above ftated. Let us fuppofe that I communicate my fentiments, but with caution and referve. This fyflem involves with it an endlefs train of falfacod, duplicity and tergiverfation. When I communicate my fentiments, it is under the inviolable feal of fecrecy. If my zeal SINCERITY RESUMED. 277 zeal carry me any great lengths, and my love of truth be ardent, BOOK iv.. J J b o ■> J J CHAP. IV. I fhall wifh to communicate it as far as the bounds of prudence Appendix, will poffibly admit, and it will be ftrange if in a courfe of years iNo - UL I do net commit one miftake in my calculation. My grand fecret is betrayed, and fufpicion is excited in the bread of the father inquifitor. What (hall I do new ? I mud, I fuppofe, ftoutly deny the fact. I mull compofe my features into a con- fident exprefiion of the mod natural ignorance and furprife* happy if I have made fuch progrefs in the arts of hypocrify and falfhood, as to put the change upon the wild bead who is ready to devour me. The mod confummare impodor is upon this hypothecs the man of mod perfect virtue. But this is not all. My character for benevolence being well known, I am likely to be furrounded by perfons of good humoured indifcretion rather than by inveterate enemies. Of every man who quedions me about my real fentiments I mud determine fird, whether he fimply with t. be informed, or whether his defign be to betray me. The character of virtue feems in its own nature to be that of firm and unalterable relo- lution, confident in its own integrity. But the character that refults from this fydem begins in hefitation, and ends in difgrace. I am quedioned whether fuch be my real fentiments. I deny it. My quedioner returns to the charge with an, " Oh, but I heard it from fuch a one, and he was prefent when you delivered them." What am I to do now ? Am I to afperfe the character of the :2 7 8 SUBJECT OF chap iv t ^ ie ^ one ^ re P°rter of my words ? Am I to make an impotent effort to get rid of the charge ; and, inftead of eftablifhing my character for orthodoxy, aftonifh my informer with my cool and intrepid effrontery ? Appendix, No. III. npon the Infincerity has the worfl effect both upon him who praclifes, sfpe&atars. J r . r and upon them who behold it. It deprives virtue of that confcious magnanimity and eafe, which ought ever to be ranked among its nobleft effects. It requires the perpetual exercife of prefence of mind, not for the purpofe of telling the moft ufeful truths in the beft manner, but in order to invent a confiftent catalogue of lies, and to utter them with a countenance at war with every thing that is paffing in my heart. It deftroys that confidence on the part of my hearers, which ought to be infe- parable from virtue. They cannot all of them be expected to underfland the deep plan of benevolence and the total neglect of all felnih and timid confiderations by which I am fuppofing my conduct to be regulated. But they can all fee my duplicity and tergiverfation. They all know that I excel the moft confum- mate impoftor in the coolnefs with which I can utter falfhood, » and the craft with which I can fupport it. Sincerity de- Sincerity has fometimes been brought into difrepute by the !L»eated. , ... abfurd fyftem according to which it has been purfued, and ftill oftener by the whimfical picture which the adverfaries of undif- tinguilhing fincerity have made of it. It is not neceffary that I ihould SINCERITY RESUMED. 279 fhould flop every perfon that I meet in the ftreet to inform him BOOK IV. r J * CHAP. IV. of my fentiments. It is not neceffary that I fhould perpetually * ' * ' i J Appendix, talk to the vulgar and illiterate of the deepeft and fublimeft No ' IXI ' ' truths. All that is necefTary is, that I fhould practife no con- cealment, that I fhould preferve my difpofition and character untainted. Whoever queftions me, it is neceffary that I fhould have no fecrets or referves, but be always ready to return a frank and explicit anfwer. When I undertake by argu- ment to eftablifh any principle, it is neceffary that I fhould employ no circuitous methods, but clearly ftate in the firft. inftance the object I have in view. Having fatisfied this origi- nal duty, I may fairly call upon my hearer for the exercife of his patience. " It is true," I may fay, " that the opinion I deliver will appear fhocking to your prejudices, but I will now deli- berately and minutely affign the reafons upon which it is founded. If they appear fatisfactory, receive ; if they be inconclulive, reject it." This is the ground work of fincerity. The fuperflruclure is the propagation of every important truth, becaufe it conduces to the improvement of man whether individually or collec- tively ; and the telling all I know of myfelf and of my neigh- bour, becaufe Ariel juftice and unequivocal publicity are the beft fecurity for every virtue. Sincerity then, in ordinary cafes at leaft, feems to be of fo its general much importance, that it is my duty firft to confider how to impou ' ulce " preferve CHAP. IV ^ v Al'PENDTX, ,No. III. 1S-0 SUBJECT OF ■ ohap tv P re ^" erve m y Sincerity untainted, and afterwards to felect the beft means in my power in each particular fituation, of benefiting mankind. Sincerity is one of thofe paramount and general rules> which is never to give way to the affair of the day. I may imagine perhaps that falfhood and deceit may be moft beneficial in fome particular inftances, as I might imagine upon the fubje£t of a preceding chapter, that it would be virtuous to plant my dagger in the heart of a tyrant. But we fhould be cautious of indulging our imaginations in thefe inftances. The great law of always employing ingenuous and honourable means feems to be of more importance than the exterminating any local and tem- porary evils. I well know in the'prefent cafe what good will refult from a frank and undifguifed principle of action, and what evil from deceit, duplicity and falfhood. But I am much lefs certain of the good that will arife under particular circum- ftances from a neglect of thefe principles. Application. Having thus unfolded the true ground of reafoning upon this fubjecl:, we will return to the queftion reflecting the conduit to be obferved by the reformer in Portugal. Duty-re- fptfting the choice of a reiidence. And here the true anfwer will perhaps be found to be that which has been above delivered, that a perfon fo far enlightened upon thefe fubjedts, ought by no confideration to be prevailed upon to fettle in Portugal ; and, if he were there already, ought 4 to SINCERITY RESUMED. 281 to quit the country with all convenient fpeed. His efforts in Por- BOOK IV. tugal would probably be vain j but there is fome other country in k * ' Appendix, which they will be attended with the happieft confequences. No. in. It may be objected, "that fome perfon muft begin the work of reformation in Portugal, and why mould it not be the indi- vidual of whom we are treating ?" But the anfwer is, that, in the fenfe fuppofed in this objection, it is not neceffary that any body fhould begin. Thefe great and daring truths ought to be publifhed in England, France and other countries ; and the dif- femination that will attend them here, will produce a report and afford an example, which after fome time may prepare them a favourable reception there. The great chain of caufes from which every event in the uni- verfe takes its rife, has fufficiently provided for the gradual in- ftruttion of mankind, without its being neceffary that indivi- duals fhould violate their principles and facrifice their integrity to accomplifh it. Perhaps there never was a mind that fo far outran the reft of the fpecies, but that there was fome country in which the man that poffeffed it might fafely tell all he knew. The fame caufes that ripen the mind of the individual are acting generally, ripening fimilar minds, and giving a certain degree of fimilar impreffion to whole ages and countries. There exift perhaps at this very moment in Portugal, or foon will exift, minds, which, though mere children in fcience compared with O o their « » — ' Appendix, No. III. 282 SUBJECT OF SINCERITY RESUMED. chap iv' tne * r §iS ant * c neighbours in a more favoured foil, are yet accu- rately adapted to the improvement of their countrymen. If by any fport of nature an exotic fhould fpring up, let him be tranfplant- ed to a climate that will prove more favourable to his vigour and utility. Add to this, that, when we are inclined to fet an inordinate value upon our own importance, it may be reafonable to fufpe£t that we are influenced by fome lurking principle of timidity or vanity. It is by no means certain that the individual ever yet exifted, whofe life was of fo much value to the community, as to be worth preferving at fo great an expence, as that of his fincerity. CHAP. [ *8 3 1 CHAP. V. OF FREE WILL AND NECESSITY. IMPORTANCE OF THE QUESTION. — DEFINITION OF NECES- SITY. — WHY SUPPOSED TO EXIST IN THE OPERATIONS OF THE MATERIAL UNIVERSE. THE CASE OF THE OPE- RATIONS OF MIND IS PARALLEL. INDICATIONS OF NE- CESSITY — IN HISTORY IN OUR JUDGMENTS OF CHA- RACTER — IN OUR SCHEMES OF POLICY — IN OUR IDEAS OF MORAL DISCIPLINE. OBJECTION FROM THE FALLI- BILITY OF OUR EXPECTATIONS IN HUMAN CONDUCT. — ANSWER. ORIGIN AND UNIVERSALITY OF THE SENTI- MENT OF FREE WILL. THE SENTIMENT OF NECESSITY ALSO UNIVERSAL. THE TRUTH OF THIS SENTIMENT ARGUED FROM THE NATURE OF VOLITION. HYPOTHE- SIS OF FREE WILL EXAMINED. SELF-DETERMINATION. INDIFFERENCE. — THE WILL NOT A DISTINCT FACULTY. FREE WILL DISADVANTAGEOUS TO ITS POSSESSOR. OF NO SERVICE TO MORALITY. T T AVING now finifhed the theoretical part of our enquiry, BOOK IV * -* fo far as appeared to be neceffary to afford a foundation ( for our reafoning reflecting the different provifions of political O o 2 inflitution, 284 OF FREE WILL BOOK IV. inftltution, we might directly proceed to the confideration of CHAP. V. ' ° ' r *■ * ' thofe provifions. It will not however be ufelefs to paufe in this place, in order to confider thofe general principles of the hu- man mind, which are moil intimately connected with the topics of political reafoning *. None of thefe principles feems to be of greater importance than that which affirms that all actions are necenary. Importance Moft of the reafonings upon which we have hitherto been of the quef- tion. employed, though perhaps conflantly built upon this doftnne as a poftulate, will yet by their intrinfic evidence, however in- confiftently with his opinion upon this primary topic, be admit- ted by the advocate of free will. But it ought not to be the prefent defign of political enquirers to treat the queftions that may prefent themfelves fuperficially. It will be found upon maturer reflection that this doctrine of moral neceffity includes in " it confequences of the higheit moment, and leads to a bold and comprehenfive view of man in fociety, which cannot pombly be entertained by him who has embraced the oppofite opinion. Severe method would have required that this propofition mould have been eftablilhed in the firft inftance, as an indiqV enable * The reader, who is indifpofed to abftrufe fpeculations, will find the other members of the enquiry fufnciently connected, without an exprefs reference to the remaining part of the prefent book. foundation AND NECESSITY. 285 foundation of moral reafoning of every fort. But there are well B p°K IV. difpofed perfons, who notwithstanding the evidence with which ' » * it is attended, have been alarmed at its confequences ; and it was perhaps proper, in compliance with their miftake, to fhew that the moral reafonings of this work did not {land in need of this fupport, in any other fenfe than moral reafonings do upon every other fubjecT:. To the right understanding of any arguments that may be Definition of neceflity. adduced under this head, it is requifite that we mould have a clear idea of the meaning of the term neceffity. Ke who affirms that all actions are neceffary, means, that, if we form a juft and complete view of all the circumftances in which a living or in- telligent being is placed, we fhall find that he could not in any moment of his exiftence have acted otherwife than he has adted. According to this affertion there is in the tranfactions of mind nothing loofe, precarious and uncertain. Upon this queftion the advocate of liberty in the philofophical fenfe muft join iffue. He muft, if he mean any thing, deny this certainty of conjunc- tion between moral antecedents and confequents. Where all is conftant and invariable, and the events that arife uniformly flow from the circumftances in which they originate, there can be no liberty. It is acknowledged that in the events of the material univerfe whyfup- pofed to exifl every 2 86 OF FREE WILL E Q°K T V- thing is fubjected. to this neceffity. The tendency of inveftiga- ' * ' tion and enquiry relatively to this topic of human knowledge in the opera- A / v . • ° tions of the } las been, more effectually to exclude chance, as our improve- material um- i r vtrle> ments extended. Let us confider what is the fpecies of evidence that has fatisfied philofophers upon this point. Their only folid i . - . ■ ground of reafoning has been from experience. The argument which has induced mankind to conceive of the univerfe as go- verned by certain laws, and to entertain the idea of neceffary connexion between fucceffive events, has been an obferved fimi- larity in the order of fucceffion. If, when we had once remark- ed two events fucceeding each other, we had never had occafion to fee that individual fucceffion repeated ; if we faw innumerable events in perpetual progreffion without any apparent order, fo that all our obfervation would not enable us, when we beheld one, to pronounce that another of fuch a particular clafs might be' .expected to follow; we fhould never have conceived of the exigence 'of neceffary connexion, or have had an idea corre- sponding to the term caufe. Kence it follows that all that ftrictly fpeaking we know of the material univerfe is this fucceffion of events. Uniform fucceffion irrefiftibly forces upon the mind the idea of abftract connexion. When we fee the fun c"onftantly rife in the morning and fet at night, and have had occafion to obferve this pheno- menon invariably taking place through the whole period of our exiftence, AND N ECES S IT Y. 2S7 exigence, we cannot avoid believing that there is fome caufe pre- B OOK iv. ducingthis uniformity of event. But the. principle or virtue by v * ' which one event is conjoined to another we never fee. Let us take fome familiar illustrations of this truth. Can it be imagined that any man by the inflection and analyfis of gun- powder would have been enabled, previoufly to experience, to, predict its explofion ? Would he previoufly to experience have been enabled to predict, that one piece of marble having a flat and polifhed furface might with facility be protruded along anathei?. in a horizontal, but would with considerable pertinacity refill fepai-ation in a perpendicular direction ? The fimpleft phsaoa mena of the mod hourly occurrence, were originally placed at an equal diftance from human fagacity. There is a certain degree of obfeurity incident to this fubject arifing from the following circumftance. All human knowledge is the refult of perception. We know nothing of any fubftance but by experience. If it produced no effects, it would be no fubject of human intelligence. We collect a confiderable- num- ber of thefe effects, and, by their perceived uniformity having reduced them into general claffes, form a general idea annexed to the fubject that produces them. It muft be admitted, that a definition of any fubftance, that is, any thing that deferves to be c alled knowledge reflecting it, will enable us to predict fome of its future poffible effe&s, and that for this plain reafon, that defi- nition aSS OF FREE WILL CHAP. V * ,. ' ?hap \7' nitloa 1 3 prediction under another name. But, though, when we have gained the idea of impenetrability as a general pheno- menon of matter, we can predict fome of its effects, there are others which we cannot predict : or in other words, we know none of its effe&s but fuch as we have actually remarked, added to an expectation that fimilar events will arife under fimilar cir- cumftances, proportioned to the conftancy with which they have been obferved to take place in our paft experience. Finding as we do by repeated experiments, that material fubftances have the property of refiftance, and that one fubftance in a ftate of reft, when impelled by another, paffes into a ftate of motion, we are ftill in want of more particular obfervation to enable us to pre- dict the fpecific effects that will follow from this impulfe in each of the bodies. Enquire of a man who knows nothing more of matter than its general property of impenetrability, what will be the reful t of one ball of matter impinging upon another, and you will foon find how little this general property can inform him of the particular laws of motion. We fuppofe him to know that it will communicate motion to the fecond ball. But what quantity of motion will it communicate ? What effects will the impulfe produce upon the impelling ball ? Will it continue to move in the fame direction ? will it recoil in the oppofite direc- tion ? will it fly off obliquely, or will it fubfide into a ftate of reft ? All thefe events will appear equally probable to him whom a feries of obfervations upon the paft has not inftructed as to what he is to expect from the future. 4 From AND NECESSITY. 289 From thefe remarks we may fufficiently colled what is the B ^?K IV - v^ ipecies of knowledge we poflefs respecting the laws of the material ttniverfe. No experiments we are able to make, no reafonings we are able to deduce, can ever infbruct us in the principle of caufa- tion, or fhew us for what reafon it is that one event has, in every inftance in which it has been known to occur, been the precurfor of another event of a certain given defcription. Yet we reafonably believe that thefe events are beund together by a perfect neceflity, and exclude from our ideas of matter and motion the fuppofition of chance or an uncaufed event. AfTo- ciation of ideas obliges us, after having feen two events perpetu- ally conjoined, to pafs, as foon as one of them occurs, to the re- collection of the other : and, in cafes where this tranfition never deceives us, but the ideal fucceflion is always found to be an exact copy of the future event, it is impoffible that this fpecies of forefight mould not convert into a general foundation of rea- foning. We cannot take a fingle ftep upon this fubject, which does not partake of the fpecies of operation we denominate ab- ftraction. Till we have been led to confider the rifing of the fun to-morrow as an incident of the fame fpecies as its rifing to- day, we cannot deduce from it fimilar confequences. It is the bufinefs of fcience to carry this taik of generalifation to its fartheft extent, and to reduce the diverfified events of the uni- verfe to a fmall number of original principles. Let us proceed to apply thefe reafonings concerning matter to The caicof _ the opera P p the 290 OF FREE WILL E°°K IV. the illuftration of the theory of mind. Is it poffible in this latter \ f~^ theory, as in the former fubjett, to difcover any general princi- is parallel. pi es ? Q an intellect be made a topic of fcience ? Are we abl6 to reduce the multiplied phenomena of mind to any certain ftand- ard of reafoning ? If the affirmative of thefe questions be con-i ceded, the inevitable confequence appears to be, that mind, as well as matter, exhibits a conftant conjunction of events, and affords a reafonable prefumption to the neceffary connexion of thofe events* It is of no importance that we cannot fee the ground of that connexion, or imagine how propofitions and. reafoning, when prefented to the mind of a percipient being,, are able by neceffary confequence to generate volition and animal, motion ; for, if there be any truth in the above reafonings, we: are equally incapable of perceiving the ground of connexion between any two events in the material univerfe, the common; and received opinion that we do perceive fuch ground of con»- nexion being in reality nothing more than a vulgar prejudice., indlcationsof That mind is a topic of fcience may be argued from all thofe branches- of literature and enquiry which have mind for their in hiftory : fubjedt. What fpecies of amufement or inftruction would hif- tory afford us, if there were no ground of inference from moral caufes to effects, if certain temptations and inducements did not in all ages and climates produce a certain feries of actions, if we were unable to trace connexion and a principle of unity in men's tempers, propenlities and traafaftions ? The amufement would be AND NECESSITY. 2 9 i be inferior to that which we derive from the perufal of a chro- BOOK iv. r CHAP. V. nological table, where events have no order but that of time ; v — v— — ' fince, however the chronologift may neglect to mark the inter- nal connexion between fucceflive tranfactions, the mind of the reader is bufied in fupplying that connexion from memory or imagination : but the very idea of fuch connexion would never have fuggefted itfelf, if we had never found the fource of that idea in experience. The inftruction arifing from the perufal of hiftory would be abfolutely none ; fince inftruction implies in its very nature the claffing and generalifing of objects. But, upon the fuppofition on which we are arguing, all objects would be unconnected and disjunct, without the poffibility of afford- ing any grounds of reafoning or principles of fcience. The idea correfpondent to the term character inevitably in- in our judg- ments of cha- cludes in it the affumption of necefTary connexion. The cha- rader: racter of any man is the remit of a long feries of impreffions communicated to his mind, and modifying it in a certain man-' ner, fo as to enable us, from a number of thefe modifications and impreffions being given, to predict his conduct. Hence arife his temper and habits, reflecting which we reafonably conclude, that they will not be abruptly fuperfeded and reverfed ; and that, if they ever be reverfed, it will not be accidentally, but in con- fequence of fome ftrong reafon perfuading, or fome extraordinary event modifying his mind. If there were not this original and ■effential connexion between motives and actions, and, which P p 2 forms 392 OF FREE WILL BOOK IV. forms one particular branch of this principle, between men*» eHAP.V. r r r ) * v ' paft and future actions, there could be no fuch thing as character,. or as a ground ~o£ inference enabling us to predict what men would be from what they have been.. iuourfcheme c£ policy : From the fame idea of neceflary connexion arife all the fchemes of policy, in confequence of which men propole to themfelves by a certain plan of conduct to prevail upon others to become the tools and inftruments of their purpofes. All the arts of courtfhip and flattery, of playing upon men's hopes and fears, proceed upon the fuppofition that mind is fubject to cer- tain laws, and that, provided we be fkilful and afliduous enough in applying the caufe, the effect will inevitably follow. m our ideas of moral dif- eipline. Laftly, the idea of moral difcipline proceeds entirely upon this principle. If I carefully perfuade, exhort, and exhibit motives tcTanother, it is becaufe I believe that motives have a tendency to influence his conduct. If I reward or punifh him, either with a view to his own improvement or as an example to others, it is becaufe I have been led to believe that rewards and punifh- ments are calculated in their own nature to affect the fentiment* and practices of mankind.. Obje&ion There is but one conceivable objection againft the inference from the falli- bility of our from thefe premifes to the neceflity of human actions. It may expectations in human be ailedged, that " though there is a real connexion between conduit, motives AND NECESSITY. 293 motives and actions, yet that this connexion may not amount B00K IV - ' ' CHAP. V. to a certainty, and that of confequence the mind ftill retains an v * * inherent activity by which it can at pleasure diflblve this con- nexion. Thus for example, when I addrefs argument and per- fuafion to my neighbour to induce him to adopt a certain fpe- cies of conduct, I do it not with a certain expectation of fuccefs, and am not utterly difappointed if all my efforts fail of their effect. I make a referve for a certain faculty of liberty he is fuppofed to poffefs, which may at laft counteract the beft digefted projects." But in this objection there is nothing peculiar to the cafe of Anfwer. mind. It is juft fo in matter. I fee a part only of the premifes, and therefore can pronounce only with uncertainty upon the con- cluhon. A philofophical experiment, which has fucceeded a hundred times, may altogether fail upon the next trial. But what does the philofopher conclude from this ? Not tha^here is a liberty of choice in his retort and his materials, by which they baffle the beft formed expectations. Not that the con- nexion between effects and caufes is imperfect, and that part of the effect happens from no caufe at all. But that there was fome other caufe concerned whofe operation he did not perceive, but which a frefh inveftigation will probably lay open to him. When the fcience of the material univerfe was in its infancy, men were fufficiently prompt to refer events to accident and chance ; but the farther they have extended their enquiries and y obfervation^ 294 OF FREE WILL B R 0KI »Y # obfervation, the more reafon they have found to conclude that CHAP. V. ' } every thing takes place according to neceffary and univerfal laws. The cafe is exactly parallel with refpect to mind. The po- litician and the philofopher, however they may fpeculatively en- tertain the opinion of free will, never think of introducing it into their fcheme of accounting for events. If an incident turn out otherwife than they expected, they take it for granted, that there was fome unobferved bias, fome habit of thinking, fome prejudice of education, fome fingular affociation of ideas, that difappointed their prediction ; and, if they be of an active and enterprifmg temper, they return, like the natural philofopher, to fearch out the fecret fpring of this unlooked for event. Origin and The reflections into which we have entered upon the doctrine tiniverfality ofthefenti- of caufes, not only afford us a fimple and impreffive argument ^« in favour of the doctrine of neceffity, but fuggeft a very obvious reafon why the doctrine oppofite to this has been in a certain degree the general opinion of mankind. It has appeared that the idea of neceffary connexion between events of any fort is the leffon of experience, and the vulgar never arrive at the uni- verfal application of this principle even to the phenomena of the material univerfe. In the eafieft and moft familiar inftances, fuch as the impinging of*t>ne ball of matter upon another and its confequences, they willingly admit the interference of chance, 7 or A N D N E C E S S I T Y. 295 ©r an event uncaufed. In this inftance however, as both the im- BOOK iv. pulfe and its effects are fubjedts of obfervation to the i'enfes, they * » f readily imagine that they perceive the abfolute principle which eaufes motion to be communicated from the firfl ball to the fe- cond. Now the very fame prejudice and precipitate conclufion, which induce them to believe that they difcover the principle of motion in objects of fenfe, act in an oppofite direction with refpect to fuch objects as cannot be fubjedted to the exa- mination of fenfe. The manner in which an idea or propofition fuggefted to the mind of a percipient being produces animal mo- tion they never fee ; and therefore readily conclude that there is no neceffary connexion between thefe events. But, if the vulgar will univerfally be found to be the advo- The fentl- n , mcntofne- eates of free will, they are not lefs ftrongly, however lnconfift- ccffity alfo ently, impreffed with the belief of the doctrine of neceffity. It is a well known and a juft obfervation, that, were it not for the exiftence of general laws to which the events of the material univerfe always conform, man could never have been either a reafcning or a moral being. The moft confiderable actions of our lives are directed by forefight. It is becaufe he forefees the regular fucceffion of the feafons, that the farmer fows his field, and after the expiration of a certain term expects a crop. There would be no kindnefs in my adminiftering food to the hungry, and no injustice in my thrufting a drawn fword againft the boforo.- uiHYerfal.. 296 OF FREE WILL BOOK IV. bofom of my friend, if it were not the eftablifhed quality of food chap. v. J * J \ .. i to nourifh, and of a fword to wound. But the regularity of events in the material univerfe will not of itfelf afford a fufEcient foundation of morality and prudence. The voluntary conduct of our neighbours enters for a fhare into almoft all thofe calculations upon which our own plans and de- terminations are founded. If voluntary conduct, as well as ma- terial impulfe, were not fubjected to general laws, included in the fyftem of caufe and effect,^ and a legitimate topic of predic- tion and forefight, the certainty of events in the material uni- verfe would be productive of little benefit. But in reality the mind paffes from one of thefe topics of fpeculation to the other, without accurately diftributing them into clafles, or imagining that there is any difference in the certainty with which they are attended. Hence it appears that the moft uninftructed peafant or artifan is practically a neceflarian. The farmer calculates as fecurely upon the inclination of mankind to buy his corn when it is brought into the market, as upon the tendency of the feafons to ripen it. The labourer no more fufpects that his employer will alter his mind and not pay him his daily wages, than he fufpects that his tools will refufe to perform thofe functions to- day, in which they were yefterday employed with fuccefs *. * The reader will find the fubftance of the above arguments in a more diffu- fiv.e form in Hume's Enquiry concerning Human Understanding, being the ihird part of his Effays.. Another AND NECESSITY. 197 Another argument in favour of the doctrine of neceffity, not ®^| r ^ ■ lefs clear and irrefiftible than that from the confideration of caufe V — *-— ' lne truth or and effect, will arife from any confiftent explication that can be ^^Jued given of the nature of voluntary motion. The motions of the [™™ o f h * "?" animal fyftem diftribute themfelves into two great clafles, vo- tlon - luntary and involuntary. Involuntary motion, whether it be conceived to take place independently of the mind, or to be the refult of thought and perception, is fo called, becaufe the con- fequences of that motion, either in whole or in part, did not enter into the view of the mind when the motion commenced. Thus the cries of a new-born infant are not lefs involuntary than the circulation of the blood ; it being impoflible that the founds firft refulting from a certain agitation of the animal frame mould be forefeen, fince forefight is the fruit of expe- rience. Prom thefe obfervations we may deduce a rational and con- fiftent account of the nature of volition. Voluntary motion is that which is accompanied with forefight, and flows from inten- tion and defign. Volition is that ftate of an intellectual being, in which, the mind being affected in a certain manner bv the apprehenfion of an end to be accomplished, a certain motion of the organs and members of the animal frame is found to be pro- duced. Here then the advocates of intellectual liberty have a -clear Q^q dilemma 298 OF FREE WItL BOOK IV. dilemma propofed to their choice. They muft afcribe this free* CHAP. V. r * J v v 1 dom, this imperfect connexion of effects and caufes, either to our- voluntary or our involuntary motions. They have already made their determination. They are aware that to afcribe freedom to that which is involuntary, even if the afiumption could be main- tained, would be altogether foreign to the great fubjects of mo- ral, theological or political enquiry. Man would not be in any degree more of an agent or an accountable being, though it could : be proved that all his involuntary motions fprung up in a for- tuitous and capricious manner. But on the other hand to afcribe freedom to our voluntary actions is an exprefs contradiction in terms. No-motion is vo- luntary any farther than it is accompanied with intention and defign, and flows from the apprehenfion of an end to be ac- complished. So far as it flows in any degree from another fource, fo far it is involuntary. The new-born infant forefees nothing t therefore all his motions are involuntary.. A perfon arrived at maturity takes an extenfive furvey of the confequences of his ac- tions, therefore he is eminently a voluntary and rational being. If any part of my conduct be deftitute of all forefight of the ef- fects to refult, who is there that afcribes to it depravity and vice ? Xerxes acted juft as foberly as fuch a reafoner, when he caufed his attendants to inflict a thoufand lafhes on the waves of the Hellefpont. The a:nd necessity. 299 nation. The truth of the doctrine of neceffity will be ftill more evi- B 99 K Iv - J CHAP.V. ■dent, if we confider the abfurdity of the oppofite hypothefis. h~ — X~T^ One of its principal ingredients is felf determination. Liberty of fre 5 w , 1 ' 1 * * P J examined. in an imperfect and popular fenfe is afcribed to the motions of Self determi- the animal fyftem, when they refult from the forefight and de- liberation of the intellect, and not from external compulfion. It is in this fenfe that the word is commonly ufed in moral and po- litical reafoning. Philofophical reafoners therefore, who have defired to vindicate the property of freedom, not only to our -external motions, but to the acts of the mind, have been obliged to repeat this procefs. Our external actions are then faid to be free, when they truly refult from the determination of the mind. If our volitions, or internal acts be alfo free, they mult in like manner refult from the determination of the mind, or in other words, " the mind in adopting them" mud be " felf determined." Now nothing can be more evident than that that in which the mind exercifes its freedom, muft be an act of the mind. Liberty therefore according to this hypothefis confifts in this, that every choice we make has been chofen by us, and every act of the mind been preceded and produced by an act of the mind. This is fo true, that in reality the ultimate act is not ftyled free from any quality of its own, but becaufe the mind in adopting it was felf determined, that is, becaufe it was preceded by another act. The ultimate act refulted completely from the determination that was its precurfor. It was itfelf neceffary ; and, if we would look for freedom, it muft be in the preceding act. But in that Q^q a preceding 300 OF FREE WILL ^HAP ! V P recec ^ n g ac ^ alfo,,if the mindrwere free, it was felf determined^,. * v ' that is, this volition was chofen by a preceding volition, and by 'the fame reafoningthis alfo by another antecedent to itfelf. All the ads except the firft were neceiTary, and followed each other as inevitably as the links of a chain do, when the firft link is drawn forward. But then neither was this firft act free, unlefs the mind in adopting it were felf determined, that is, unlefs this act were chofen by a preceding act. Trace back the chain as far as you pleafe, every act at which you arrive is necefTary. That act, which gives the character of freedom to the whole, can never be difcovered ; and, if it could, in its own nature includes a contradiction. . Indifference. Another idea which belongs to the hypothefis of felf deter- mination, is, that the mind is not neceflarily inclined this way or that by the motives which are prefented to it, by the clear- nefs or obfcurity with which they are apprehended, or by the temper and character which preceding habits may have gener rated ; but that by its inherent activity it is equally capable of proceeding either way, and paffes to its. determination from a previous ftate of abfolute. indifference. Now what fort of activity is that which is equally inclined to all lands of actions ? Let us fuppofe a particle of matter endowed with an inherent propenfity to motion. This propenfity muft either be to move in one par- ticular direction, and then it muft for ever move in that direc- tion unlefs counteracted by fome external impreffion ; or it muft have AND NECESSITY. 301 have an equal tendency to all directions, and then therefult muft ^00x IY". be a-ftate of perpetual reft. The abfurdity of this conlequence is fo evident, that the ad- vocates of intellectual liberty have endeavoured to deftroy its force by means of a diftinction. " Motive," it has been faid, " is indeed the occafion, theji/ie qua non of volition, but it has no inherent power to compel volition. Its influence depends - upon the free and unconftrained furrender of the mind. Be- tween oppofite motives and confrlerations the mind can choofe as it pleafes,. and by its determination can convert the motive which is weak and infufHcient in the comparifon into theftrongeft." But this hypothefis will be found exceedingly inadequate to the purpofe for which it is produced. Motives muft either have a neceflary ^nd irrefiftible influence, or they can have no influence- at alL For, firft, it muft be remembered, that the ground or reafon of any event, of whatever nature it be, muft be contained among the circumftances which precede that event. The mind is fuppofed to be in a ftate of previous indifference, and there- fore cannot be, in itfelf confidered, the fource of the particular- choice that is made. There is a motive on one fide and a mo- tive on the other: and between thefe lie the true ground and- reafon of. preference. But, wherever there- is tendency to pre- ference, there may be degrees of tendency. If the degrees be^ equal,. 302 OF FREE WILL chap vl* e( l ua ^ preference cannot follow : it is equivalent to the putting """"* equal weights into the oppofite fcales of a balance. If one of them have a greater tendency to preference than the other, that which has the greateft tendency muft ultimately prevail. When two things are balanced againft each other, fo much amount may be conceived to b>e ftruck off from each fide as exifts in the fmaller fum, and the overplus that belongs to the greater is all that truly enters into the confideration. Add to this, fecondly, that, if motive have not a necefTary in- fluence, it is altogether fuperfluous. The mind cannot firft choofe to be influenced by .a motive, and afterwards fubmit to its operation : for in that cafe the preference would belong -wholly to this previous volition. The determination would in reality be complete in the firft inftance ; and the motive, which came in afterwards, might be the pretext, but could not be the true fource of the proceeding*. The will not Laftly, it may be obferved upon the hypothefis of free will, culty. n *" that the whole fyftem is built upon a diftinction where there is no difference, to wit, a diftinction between the intellectual and .active powers of the mind. A myfterious philofophy taught men to fuppofe, that, when the underftanding had perceived .any object to be defirable, there was need of fome diftinct * The argument from the impoflibility of free will is treated with great force «of reafoning in Jonathan Edwards's Enquiry into the Freedom of the Will. 2 power AND NECESSITY. 303 power to put the body in motion. But reafon finds no ground B OOK *£• for this fuppofition ; nor is it poffible to conceive, that, in the * *— — ' cafe of an intellectual faculty placed in an aptly organifed body, preference can exift, together with a confcioufnefs, gained from experience, of our power to obtain the object preferred, without a. certain motion of the animal frame being the neceffary remit. "We need only attend to the obvious meaning of the terms in order to perceive that the will is merely, as it has been happily termed, the laft adt of the underftanding, one of the different cafes of the affociation of ideas. What indeed is preference, but a perception of fomething that really inheres or is fuppofed to inhere in the objects themfelves ? It is the judgment, true or erroneous, which the mind makes refpecting fuch things as are brought into comparifon with each other. If this had been fuiEciently attended to, the freedom of the will would never have been gravely maintained by philofophical writers, fince no man ever imagined that we were free to feel or not to feel an impreffion made upon our organs, and to believe or not- to believe a propofition demonftrated to our underftanding. It mufl be unnecefTary to add any thing farther on this head, Free w!n dis- advantageous unlefs it be a momentary recollection of the fort of benefit that to its P ofl « f - for: freedom of the will would confer upon us, fuppofmg it to* be poffible. Man being, as we have now found him to be, a fimple fubftance, governed by the apprehenfions of his under- ftanding, nothing farther is requifite but the improvement of his ■ reafonlng 3 o 4 OF FREE WILL AND NECESSITY. chapv^' rea f° nm g faculty, to -make him virtuous and happy. But, did v * ' he pofi^fs a faculty "independent of the underftanding, and capa- hle of refilling from mere caprice the molt powerful arguments, the beft education and the moft fedulous inftru&ion might be of no ufe to him. This freedom we fhall eafily perceive to be his bane and his curfe ; and the only hope of lafting benefit to the fpecies would be, by drawing clofer the connexion between the external motions and the underftanding, wholly to extirpate it. The virtuous man, in proportion to his improvement, will be under the conftant influence of fixed and invariable principles; and fuch a being as we conceive God to be, can never in any one inftance have exercifed this liberty, that is, can .never ofnofervlce have adfced in a foolifh and tyrannical manner. Freedom of the will is abfurdly reprefented as neceflary to render the mind fuf- ceptible of moral principles ; but in reality, fo far as we acT: with iiberty, fo far as we are independent of motives, our conduct is as independent of morality as it is of reafon, nor ls_ it poflible that we fhould deferve either praife or blame for a proceeding thus capricious and indifciplinable. to morality i CHAP. £ 3°5 3 CHAP. VI, INFERENCES FROM THE DOCTRINE OF NECESSITY. IDEA IT SUGGESTS TO US OF THE UNIVERSE. — INFLUENCE ON OUR MORAL IDEAS ACTION VIRTUE — EXERTION PERSUASION EXHORTATION — ARDOUR COMPLA- CENCE AND AVERSION PUNISHMENT REPENTANCE — PRAISE AND BLAME — INTELLECTUAL TRANQUILLITY. —LANGUAGE OF NECESSITY RECOMMENDED. c ONSIDERING then the doctrine of moral neceffity as BOOK IV. CHAP. VI. fufficiently eftablifhed, let us proceed to the confequences Idea it fug- that are to be deduced from it. This view of things prefents us S efts 1 ? us of the univerfc with an idea of the univerfe as connected and cemented in all its parts, nothing in the boundlefs progrefs of things being capable of happening otherwife than it has actually happened. In the life of every human being there is a chain of caufes, generated in that eternity which preceded his birth, and going on in regu- lar proceffion through the whole period of his exiftence, in con- fequence of which it was impofTible for him to act in any inftance otherwife than he has acted, Rr . The 3 o6 INFERENCES EROM THE B00I £ IY; The contrary of this having been the conception of the mafs CHAP. VI. J ° r >— — « * of mankind in all ages, and the ideas of contingency and acci- Influence on o ? cr j ourreoral dent having perpetually obtruded themfelves, the eftablifhed language of morality has been univerfally tinctured with this error. It will therefore be of no trivial importance to enquire how much of this language is founded- in the truth of things,., and how much of what is expreffed by it is purely imaginary. Accuracy of language is the indifpenfible prerequifite of found knowledge, and without attention to that fubject we can never afcertain the. extent and importance, of the. confequences of neceffity. aftjon:. Firit then it appears, that, in the emphatical and refined fehfe in which the word has fometimes been ufed, there is no fuch> thing as action. Man is in -no cafe ftrretly fpeaking the begin- ner of any event or feries of events that takes place in the uni- verfe, but only the vehicle through which certain caufes operate^, which caufes, if he were fuppofed. not to exift, would ceafe to, operate.. Action however, in its more fimple and' obvious fenfe, is fufficiently real*, and exifts equally both in. mind and 'in matter.- When a ball upon a billiard board is (truck by a perfon playing, and afterwards impinges upon a fecond ball, the ball which wasfirft in motion isfaidto act upon the fecond, though it operate in the flricleft. conformity to the imprefhon it received, and; *he motion it communicates be precifely determined by the chv cumftances of the cafe. Exactly fimilar. to this, upon the prin- ciples? DOCTRINE OP NECESSITY. 307 ciples already explained, are the actions of the human mind. COOK IV. r j r ? CHAP. VI. Mind is a real caufe, an indifpenfible link in the great chain of ^— -— v ' the univerfe ; but not, as has fometimes been fuppofed, a caufe of that paramount defcription, as to fuperfede all neceflities, and be itfelf fubject to no laws and methods of operation. Upon the hypothefis of a God, it is not the choic, apprehenfion or judgment of that being, fo properly as the truth which was the foundation of that judgment, that has been the fource of all con- tingent and particular exiftences. His exigence, if neceffary, was necefTary only as the fenforium of truth and the medium of its operation. is this view of things incompatible with the exiftence of virtue:; virtue ? If by virtue we underftand the operation of an intelligent being in the exercife of an optional power, fo that under the &me precife circumftances it might or might not have taken place, undoubtedly it will annihilate it. J3ut the do&rine of neceffity does not overturn the nature of things. Happinefs and mifery, wifdom and error will ftiH be diftinct from each other, and there will ftili be a connexion between them. Wherever there is diftinc~tion there is ground for preference and defire, or on the contrary for neglect and averfion, Happinefs and wiftlom will be objects worthy to be R r 2 defired, 3 d8 INFERENCES FROM THE BOOK IV. defired, mifery and error worthy to be difliked. If therefore CHAP. VI. ' 7 7 by virtue we mean that principle which aflerts the preference of the former over the latter, its reality will remain undiminished b^ the doctrine of neceffity*. Virtue, if we would fpe-ak accurately, ought to be confidered by us in the firft inftance objectively, rather than as modifying any particular beings. It is a fyftem of general advantage, in their aptitude or inaptitude to which lies the value or worth- kfsnefs of all particular exiftences. This aptitude is in intel- ligent beings ufually termed capacity or power. Now power in the fenfe of the hypothecs of liberty is altogether chimerical. But power in the fenfe in, which it is fometimes affirmed of in- animate fubftances, is equally true of thofe which are animate; A candleftick has the power or capacity of retaining a candle in &. perpendicular direction,. A knife has a capacity of cutting. In, the fame manner a human being has a capacity of walkings though it may be no. more true of him, than of the inanimate fubftance, that he has the power of exercifing or not exercifing that capacity. Again, there are different degrees as well as dif- ferent claffes of capacity. One knife is better adapted for the purpofes of cutting than another.. Now there are two confiderations relative- to any particular being, that excite our approbation,, and this whether the being be pofTefTed of confcioufiiefs or no. Thefe confiderations are capacity DOCTRINE OF NECESSITY. 309 capacity and the application of that capacity. We approve of a ,?j9?p ™ fharp knife rather than a blunt one, becaufe its capacity is greater. * » ' We approve of its being employed in carving food, rather than in maiming men or other animals, becaufe that application of its capacity is preferable. But all approbation or preference is relative to utility or general good. A knife is as capable as a man of. being employed in the purpofes of virtue, and the one is no more free than the other, as to its employment. The mode in which a knife is made fubfervient to thefe purpofes is by ma- terial impulfe. The mode in which a man is made fubfervient is by inducement and perfuafion. But both are equally the affair of necelfity. The man differs from the knife, Juft as the iron candleftick differs from the brafs one ; he has one more way of being acted upon. This additional way in man is mo- tive, in the candleftick is magnetifm.. But virtue has another fenfe, in which it is analogous to duty. The virtue of a human being is the application of his capacity to the general good ; his duty is the bed poffible application of that capacity. The words thus explained are to be confidered as rather fimilar to grammatical diftin'ction, than to real and phi- lofophical difference. Thus in Latin bonus is good as affirmed of a man, bona is good as affirmed of a woman. In the fame manner we can as eafily conceive of the capacity of an inanimate as of " an animate fubftance being applied to the general good, and as accurately defcribe the beft poffible application of the one a&.. 3 io INFERENCES FROM THE book IV. as f fh e other. There is no effential difference between the two cafes. But we call the latter virtue and duty, and not the former. Thefe words may in a popular fenfe be confidered .as either mafculine or feminine, but never neuter. exertion : -But, if the doctrine of neceffity do not annihilate virtue, it tends to introduce a great change into our ideas refpecting it. According to this doctrine it will be abfurd for a man to fay, " I will exert myfeif," " I will take care to xememfeer," or even " I will do this." All thefe expreffions imply as if man was or could be fomething elfe than what motives make him. Man is in reality a paffive, and not an active being. In another fenfe -however he is fufficiently capable of exertion. The operations of his mind may be laborious, like thofe of the wheel of a heavy machine in afcending a hill, may -even tend to wear out the fubflance of the fhell in which it acts, without in the fmalleft degree impeaching its paffive character. If we were conftantly aware of this, our minds would not glow left .ardently with the love of truth, juftice,, happinefs and man- kind. We fhould have a nrmnefs and fimplicity in our conduct, not wafting itfelf in fruitlefs ftruggles and regrets, not hurried along with infantine impatience, but feeing events with their confequences,, and calmly and unrefervedly given up to the influ- ence, of thofe comprehenfive views which this doctrine infpires. perfuafionj As to our conduct towards others in inftances where we were 2 * concerned DOCTRINE OF NECESSITY. 3 ji concerned to improve and meliorate their minds, we fhould ad- BOOK IV. r CHAP. VI. drefs our reprefentations and remonftrances to them with double ' ' confidence. The believer in free will can expoftulate with or correct his pupil with faint and uncertain hopes, confcious that the cieareft exhibition of truth is impotent, when brought into conteit with the unhearing and indifciplinable faculty of will ; or in reality, if he were confident, fecure that it could produce no effect at all. The neceffarian on the contrary employs real antecedents, and has a right to expect real effects. But, though he would reprefent, he would not exhort, for exhortation : this is a term without a meaning. He would fuggeft motives to the mind, but he would not calf upon it to comply, as if it had a power to comply or not to comply. His office would- confift of two parts, the exhibition of motives to the purfuit of a certain end, and the delineation of the eafieft and mod ef- fectual way of attaining that end. There, is no better fcheme for enabling us to perceive how far any idea that has been connected with the hypothecs of li- berty has a real foundation, than to tranflate the ufual mode of expreffing it into the language of neceffity. Suppofe the idea of exhortation fo tranflated to ftand thus : " To enable any ar- guments I may fuggeft to you to make a fuitable impreffion it is neceffary that they fhould be fairly confidered. I proceed therefore to evince-to you the importance of attention, knowing, - that, 3 i2 INFERENCES FROM THE BOOK IV. t h a t if I can make this importance fufficiently manifeft at- CriAP. VI. r ' **- — ' tention will inevitably follow." I mould however be far better employed in enforcing directly the truth I am defirous to im- prefs, than in having recourfe to this circuitous mode of treating attention as if it were a feparate faculty. Attention will in rea- lity always be proportionate to our apprehenfion of the import- ance of the fubjecl: before us. ardour: At firft fight it may appear as if, the moment I was fatisfied that exertion on my part was no better than a fiction, and that I was the paffive inftrument of caufes exterior to myfelf, I fhould become indifferent to the objects which had hitherto in- terested me the moll deeply, and lofe all that inflexible perfe- verance, which feems infeparable from great undertakings. But this cannot be the true ftate of the cafe. The more I refign myfelf to the influence of truth, the clearer will be my per- ception of it. The lefs I am interrupted by queftions of li- berty and caprice, of attention and indolence, the more uniform will be my conftancy. Nothing could be more unreafonable than that the fentiment of neceffity fhould produce in me a fpirit of neutrality and indifference. The more certain is the connexion between effects and caufes, the more chearfulnefs fhould I feel in yielding to painful and laborious employments. complacence ft is common for men impreffcd with the opinion of free will to entertain r-efentment, indignation and anger againft thole who DOCTRINE OF NECESSITY. 313 who fall into the commiffion of vice. How much of thefe 5R9p ^i feelings is juft, and how much erroneous ? The difference be- v — v— tween virtue and vice will equally remain upon the oppofite hypothefis. Vice therefore muft be an object of rejection and virtue of preference ; the one muft be approved and the other difapproved. But our difapprobation of vice will be of the fame nature as our difapprobation of an infectious diftemper. One of the reafons why we are accuftomed to regard the murderer with more acute feelings of difpleafure than the knife he employs, is that we find a more dangerous property, and greater caufe for apprehenfion, in the one than in the other. The knife is only accidentally an object of terror, but againft the murderer we can never be enough upon our guard. In the fame manner we regard the middle of a bufy ftreet with lefs complacency as a place for walking than the fide, and the ridge of a houfe with more averfion than either. Independently therefore of the idea of freedom, mankind in general find in the enormoufly vicious a fufEcient motive of antipathy and difguft. With the addition of that idea, it is no wonder that they mould be prompted to expreflions of the moft intemperate abhorrence. Thefe feelings obvioufly lead to the prevailing conceptions on punifliment : the fubject of punilhment. The doctrine of neceflity would teach us to clafc punilhment in the lift of the means we poflefs of re- S s forming 314 INFERENCES FROM THE J?r??£ IX* forming error. The more the human mind can be fhewn to be CHAP. VI. ° — — v • under the influence of motive, the more certain it is that pu- nifhment will produce a great and unequivocal effect. But the doctrine of neceffity will teach us to look upon punifhment with no complacence, and at all times to prefer the moft direct means of encountering error, which is the development of truth. Whenever punifhment is employed under this fyftem, it will be employed, not for any intrinfic recommendation it pof- feffes, but juft • fo far as it mail appear to conduce to general utility. On the contrary it is ufually imagined, that, independently of the utility of punifhment, there is proper defert in the criminal, a certain fitnefs in the nature of things that renders pain the fuitable concomitant of vice. It is therefore frequently faid, that it is not enough that a murderer fhould be tranfported to a defert ifland, where there fhould be no danger that his malig- nant propenfities fhould ever again have opportunity to act ; but that it is alfo right the indignation of mankind againft him fhould exprefs itfelf in the infliction of fome actual ignominy and pain. On the contrary, under the fyftem of neceffity the ideas of guilt, crime, defert and accountablenefs have noplace.. repentance: Correlative to the feelings of refentment, indignation and an- ger againft the offences of others, are thofe of repentance, con- trition and forrow for our own. As long as we admit of an eflentiali DOCTRINE OF NECESSITY. 315 ciTential difference between virtue and vice, no doubt all erroneous p^OK ! ^- conduct whether of ourfelves or others will be regarded with ' « ' difapprobation. But it will in both cafes be confidered, under the fyftem of neceflity, as a link in the great chain of events which could not have been otherwife than it is. We fhall there- fore no more be diipofed to repent of our own faults than of the faults of others. It will be proper to view them both as actions, injurious to the public good, and the repetition of which is to be deprecated. Amidft our prefent imperfections it will perhaps be ufeful to recollect what is the error by which we are moft eafily feduced. But in proportion as our views ex- tend, we fhall find motives enough to the practice of virtue, without any partial retrofpect to ourfelves, or recollection of our own propenfities and habits. In the ideas annexed to the words refentment and repentance prai'fe and there is fome mixture of true judgment and a found conception of the nature of things. There is perhaps flill morejuftice in the notions conveyed by praife and blame, though thefe alfo are for the moft part founded in the hypothefis of liberty. When I fpeak of a beautiful landfcape or an agreeable fenfation, I em- ploy the language of panegyric. I employ it flill more empha- tically, when I fpeak of a good action ; becaufe I am confcious that panegyric has a tendency to procure a repetition of fuch actions. So far as praife implies nothing more than this, it per- fectly accords with the fevereft philofophy. So far as it im- ■S s 2 plies 3 l6 INFERENCES FROM THE B 2°p w P nes tnat tne man cou ^ have abftained from the virtuous action I applaud, it belongs only to the delufive fyftem of liberty. intellectual tranquillity. A farther confequence of the doctrine of necefllty is its ten- dency to make us furvey all events with a tranquil and placid temper, and approve and difapprove without impeachment to our felf poffeflion. It is true, that events may be contingent as to any knowledge we poffefs refpecting them, however certain they are in themfelves. Thus the advocate of liberty knows that his relation was either loft or faved in the great ftorm that happened two months ago ; he regards this event as paft and certain, and yet he does not fail to be anxious about it. But it is not lefs true, that all anxiety and perturbation imply an im- perfect fenfe of contingency, and a feeling as if our efforts could make fome alteration in the event. When the perfon re- collects with clearnefs that the event is over, his mind grows compofed ; but prefently he feels as if it were in the power of God or man to alter it, and his diftrefs is renewed. All that is more than this is the impatience of curiofity ; but philofophy and reafon have an evident tendency to prevent an ufelefs curio- fity from difturbing our peace. He therefore who regards all things paft, prefent and to come as links of an indiftbluble chain, will, as often as he recollects this comprehenfive view, be fuperior to the tumult of paflion ; and will reflect upon the moral concerns of mankind with the fame clearnefs of percep- tion, the fame unalterable firmnefs of judgment, and the fame 8 tranquillity DOCTRINE OF NECESSITY. 317 tranquillity as we are accuftomed to do upon the truths of BOOK IV. 17 r CHAP. VI. geometry. * * ' It would be of infinite importance to the caufe of fcience and Language of neceflity re- virtue to exprefs ourfelves upcn all occafions in the language commended.. of neceffity. The contrary language is perpetually intruding, and it is difficult to fpeak two fentences upon any topic con- nected with human action without it. The expreflions of both hypothefes are mixed in inextricable confufion,j uft as the belief of both hypothefes, however incompatible, will be found to exift in all uninftructed minds. The reformation cf which I fpeak would probably be found exceedingly practicable in it- felf ; though, fuch is the fubtlety of error, that we fhould at firft find feveral revifals and much laborious ftudy necefTary before it could be perfectly weeded out. This muft be the author's apology for not having attempted in the prefent work what he recommends to others. Objects of more immediate importance demanded his attention, and engroffed his faculties. CHAP. [ 3i8 ] CHAP. VII. ' ' OF THE MECHANISM OF THE HUMAN MIND. NATURE OF MECHANISM — ITS CLASSES, MATERIAL AND INTELLECTUAL. MATERIAL SYSTEM, OR OF VIBRA- TIONS. — THE INTELLECTUAL SYSTEM MOST PROBABLE FROM THE CONSIDERATION THAT THOUGHT WOULD OTHERWISE BE A SUPERFLUITY FROM THE ESTA- BLISHED PRINCIPLES OF REASONING FROM EFFECTS TO CAUSES. OBJECTIONS REFUTED. THOUGHTS WHICH PRODUCE ANIMAL MOTION MAY BE — I. INVOLUNTARY. ALL ANIMAL MOTIONS WERE FIRST INVOLUNTARY. 2. UNATTENDED WITH CONSCIOUSNESS.— THE MIND CANNOT HAVE MORE THAN ONE THOUGHT AT ANY ONE TIME. — OBJECTION TO THIS ASSERTION FROM THE ■CASE OF COMPLEX IDEAS FROM VARIOUS MENTAL r OPERATIONS — AS COMPARISON APPREHENSION — RA- PIDITY OF THE SUCCESSION OF IDEAS. APPLICATION. DURATION MEASURED BY CONSCIOUSNESS. — 3. A DIS- TINCT THOUGHT TO EACH MOTION MAY BE UNNECES- SARY. — APPARENT FROM THE COMPLEXITY OF SEN- SIBLE IMPRESSIONS.— THE MIND ALWAYS THINKS. — CON- CLUSION. THE THEORYAPPLIED TO THE PHENOMENON OF WALKING — TO THE CIRCULATION OF. THE BLOOD.— OF MOTION IN GENERAL. — OF DREAMS. BOOK IV. r~lp\ HE do&rine of neceffity being admitted, it follows that CHAP.VII. * v ' -»- the theory of the human mind is properly, like the Nature of eiechanifm: ^qqxj of every other feries of events with which we are ac- quainted, OF THE MECHANISM OF THE HUMAN MIND. 319 quainted, a fyftem of mechanifm ; underftanding by mechanifm 52 *Jf v Yj nothing more than a regular connexion of phenomena without ' * ' any uncertainty of event, fo that every incident requires a fpe- cific caufe, and could be no otherwife in any i-efpec~t than as the caufe determined it to be. But there are two forts of mechanifm capable of being applied its dhfles material and to the folution of this cafe, one which has for its medium only intellectual, matter and motion, the other which has for its medium thought. Which of thefe is to be regarded as mod probable?. According to the firft we may conceive the human body to Material fyf- be fo confcituted as to be fufceptible of vibrations, in the fame biat'ions.. manner as the firings of a mufical inftrument are fufceptible of vibrations. Thefe vibrations, having begun upon the furface of the body, are conveyed to the brain ; and, in a manner that is equally the refult of conftrudtion, produce a fecond fet of vibrations beginning in the brain, and conveyed to the different organs or members of the body. Thus it may be fuppofed, that a piece of iron confiderably heated is applied to the body of an infant, and that the report of this uneafmefs, or ir- ritation and feparation of parts being conveyed . to the brain, vents itfelf again in a fhrill and piercing cry. It is in this man- ner that we are apt to imagine certain convulfive and fpafmodic affections to take place in the body. The cafe, as here defcribed,. is fimilar to that of the bag of a pair of bagpipes, which, being preffed; 32o OF THE MECHANISM Chap vu P re ^ ec ^ * n a certam manner, utters a groan, without any thing v ~ — * ' more being neceffary to account for this phenomenon, than the known laws of matter and motion. Let us add to thefe vi- brations a fyftem of afTociations to be carried on by traces to be made upon the medullary fubftance of the brain, by means of which paft and prefent impreflions are connected according to certain laws, as the traces happen to approach or run into each other ; and we have then a complete fcheme for accounting in a certain way for all the phenomena of human action. It is to be obferved, that, according to this fyftem, mind or perception is altogether unnecefTary to explain the appearances. It might for other reafons be defirable or wife, in the author of the uni- verfe for example, to introduce a thinking fubftance or a power of perception as a fpe&ator of the procefs. But this percipient power is altogether neutral, having no concern either as a me- dium or otherwife in producing the events *. The JnteUec- The f eC ond fyftem, which reprefents thought as the medium tual (yltera ' molt proba- Me: * The above will be found to be a tolerably accurate defcription of the hypo- thefis of the celebrated Hartley. It was unneceffary to quote his words, as it would be foreign to the plan of the prefent work to enter into a refutation of any individual writer. The fagacity of Hartley, in having pointed out the neceffary connexion of the phenomena of mind, and fhewn the practicability ■of reducing its different operations to a Ample principle, cannot be too highly ap- plauded. The reafonings of the prefent chapter, if true, may be confidered as giving farther ftability to his principal dodrine by freeing it from the fcheme s CHAP.VII. the doctrine of neceffity, than the other, but it is a mechanifm v * ' of a totally - different kind. There are various reafons calculated to perfuade us that this laft from the con- iideration that hypothefis is the moft probable. No inconfiderable argument thought would otherwife be a may be derived from the fingular and important nature of that iuperfluity : property of human beings, which we term thought ; which it is furely fomewhat violent to ftrike out of our fyftem as a mere fuperfluity. A fecond reafon ftill more decifive than the former, arifes from tlle ellablifhed from the conftancy with which thought in innumerable inftances P ni ] cl P lcs ° f * reafoning accompanies the functions of this mechanifm. Now this con- from effcfts to r caufes. ftancy of conjunction has been fhewn to be the only ground we have in any imaginable fubject for inferring neceflary connexion, or that fpecies of relation which exifts between caufe and effect. We cannot therefore reject the principle which fuppofes thought to have an efficient fhare in the mechanifm of man, but upon grounds that would vitiate all our reafonings from effects to caufes. It may be objected, " that, though this contiguity of event Objeaiom . , refuted. argues neceflary connexion, yet the connexion may be exactly the reverfe of what is here ftated, motion being in all inftances the caufe, and thought never any thing more than an effect." But this is contrary to every thing we know of the fyftem of T t the 322 OF THE MECHANISM 2B9p vYf t ^ ie unrver f e > m which each event appears to be alternately both v « ' the one and the other, nothing terminating in itielf, but every- thing leading on to an endlefs chain of coniequences. It would be equally vain to objecl, " that we are unable to conceive how thought can have any tendency to produce mo- tion in the animal fyftem ;" fince it has juft appeared that this ignorance is by no means peculiar to the fubjecT: before us. We are univerfally unable to perceive the ground of neceifary con- nexion. Thoughts It being then fufEciently clear that there are cogent reafons to which pro- duce animal perfuade us that thought is the medium through which the mo- motion may be, tions of the animal fyftem are generally carried on, let us pro- ceed to confider what is the nature of thofe thoughts by which the limbs and organs of our body are fet in motion. It will then probably be found, that the difficulties which have clogged the intellectual hypothefis, are principally founded in erroneous notions derived from the fyftem of liberty ; as if there were any effential difference between thofe thoughts which are the me- dium of generating motion, and thoughts in general. i. involuntary. Firft, thought may be the fource of animal motion, without partaking in any degree of volition, or defign. It is certain that there is a great variety of motions in the animal fyftem, which are in every view of the fubjecl involuntary. Such, for example, are the cries of an infant, when it is firft imprefled 4 with OF THE HUMAN MIND. 3*3 with the fenfation of pain. Such muft be all thofe motions BOOK IV. r CHAP.VII. which flowed from fenfation previously to experience. Voli- **- tion implies that fomething which is the fubjecl cf volition, is regarded as defirable ; but we cannot defire any thing, till we have an idea correfponding to the term futurity. Volition im- plies intention, or defign ; but we cannot defign any thing, till we have the expectation that the exiftence of that thing is in fome way connected with the means employed to produce it. An infant, when he has obferved that a voice exciting companion is the re- fult of certain previous emotions, may have the idea of that voice predominant in his mind during the train of emotions that produce it. But this could not have been the cafe the firft time it was uttered. In the firft motions of the animal fyftem, no- thing of any fort could poflibly be forefeen, and therefore nothing of any fort could be intended. Yet in the very inftances here pro- duced the motions have fenfation or thought for their conftant concomitant ; and therefore all the arguments, which have been already alledged, remain in full force to prove that thought is the medium of their production. Nor will this appear very extraordinary, if we confider the nature of volition itfelf. In volition, if the doctrine of necef- fity be true, the mind is altogether paflive. Two ideas prefent themfelves in fome way connected with each other ; and a per- ception of preferablenefs neceffarily follows. An object having certain defirable qualities, is perceived to be within my reach ; T t 2 and 3*4 BOOK IV. CHAP.VII. i. . i OF THE MECHANISM and my hand is neceffarily ftretched out with an intention to obtain it. If a perception of preferablenefs and a perception of defirablenefs irrefiftibly lead to animal motion, why may not the mere perception of pain ? All that the adverfary of automa, tifm is concerned to maintain is, that thought is an eflent'.al link in the chain ; and that, the moment it is taken away, the links that were before it have no longer any tendency to produce mo- tion in the links that were after it. It is poflible, that, as a nu- merous clafs of motions have their conflant origin in thought, fo there may be no thoughts altogether unattended with motion. AH animal Here it may be proper to obferve, that, from the principles motions were firft involun- already delivered, it follows that all the original motions of the tary. animal fyftem are involuntary. In proportion however as we obtain experience, they are fucceflively made the fubjects of reflection and forefight ; and of confequence become many of them the themes of intention and defign, that is, become vo- luntary. We mall prefently have occafion to fuipecT: that mo- tions, which were at firft- involuntary, and afterwards by ex- perience and affociation are made voluntary, may in the procefs of intelle&ual operation be made involuntary again. — But to proceed. 2. unattend- Secondly, thought may be the fource of animal motion, and fcioufnefs. yet be unattended with confcioufnefs. This is undoubtedly a, diftin&ion of considerable refinement, depending upon the pre- cife OF THE HUMAN MIND. 325 cife meaning of words ; and, if any perfon fhould choofe to ex- BOOK ]Y. prefs himfelf differently on the fubjec~t, it would be ufelefs ob- * v ' ftinately to difpute that difference with him. By the confciouf- nefs which accompanies any thought there feems to be fomething implied diftinc"t from the thought itfelf. Confcioufnefs is a fort of fupplementary reflection, by which the mind not only has the thought, but adverts to its own fituation and obferves that it. has it. Confcioufnefs therefore, however nice the diftinction, feems to be a fecond thought. In order to afcertain whether every thought be attended with The mind - , . . r . cannot have confcioufnefs, it may be proper to confider whether the mind more than one thought at can ever have more than one thought at any one time. Now any one time. this feems altogether contrary to the very nature of mind. My prefent thought is that to which my prefent attention is yielded ; but I cannot attend to feveral things at once. This af- fertion appears to be of the nature of an intuitive axiom ; and experience is perpetually reminding us of its truth. In com- paring two objects we frequently endeavour as it were to draw them together in the mind, but we feem to be obliged to pafs fucceffively from the one to the other. But this principle, though apparently fupported both by rea- Objection to this afTc-rtion fon and experience, is not unattended with difficulties. The firft fr r om thc , cafe of complex is that which arifes from the cafe of complex ideas. This will ideai : beft be apprehended if we examine it as relates to vifible objects. " Let « , — > 326 OF THE MECHANISM rHA? vii " ^ et us ^* u PP°^ e tnat I am at prefent employed in the act of reading. I appear to take in whole words and indeed clufcers of words by a fingle ad: of the mind. But let it be granted for a moment that I fee each letter fucceffively. »Yet each letter is made up of parts : the letter D for example of a right line and a curve, and each of thefe lines of the fucceffive addition or fluxion of points. If I confider the line as a whole, yet its ex- tension is one thing, and its terminations another. I could not fee the letter if the black line that defcribes it and the white fur- face that bounds it were not each of them in the view of my organ. There muft therefore, as it fhould feem, upon the hy- pothefis above ftated, be an infinite fucceffion of ideas in the mind, before it could apprehend the fimpleft objects with which we are converfant. But we have no feeling of any fuch thing, but rather of the precife contrary. Thoufands of human be- ings go out of the world without ever apprehending that lines are compofed of the addition or fluxion of points. An hypo- thefis therefore, that is in direct oppofition to fo many apparent facts, muft have a very uncommon portion of evidence to fuf- tain it, if indeed it can be fuftained at all." The true anfwer to this objection feems to be the following. The mind can apprehend only a fingle idea at once, but that idea needs not be in every fenfe of the word a fimple idea. The mind can apprehend two or more objects at a fingle effort, but it cannot apprehend them as two. There feems no fufficient reafoa OF THE HUMAN MIND. 327 reafon to deny that all thofe objedts which are painted at once BOOK IV. 1 CHAP.VII. upon the retina of the eye, produce a joint and fimultaneous l « — - 1 impreffion upon the mind. But they are not immediately con- ceived by the mind as many, but as one : fo foon as the idea fuggefts itfelf that they are made up of parts, thefe parts can- not be confidered by us otherwife than fucceffively. The re- folution of objects into their fimple elements, is an operation of fcience and improvement ; but it is altogether foreign to our firft and original conceptions. In all cafes the operation is rather analytical than fynthetical, rather that of refolution than compofition. We do not begin with the fucceflive perception of elementary parts till we have obtained an idea of a whole ; but, beginning with a whole, are capable of reducing it into its elements. The fecond difficulty is of a much fubtler nature. It confifts from various mental opera- in the feeming " impoffibility of performing any mental opera- tiuns : tion, fuch as companion for example, which has relation to two as compari- or more ideas, if we have not both ideas before us at once, if one of them be completely vanifhed and gone, before the other begins to exift." The caufe of this difficulty feems to lie in the miftake of fuppofing that there is a real interval between the two ideas. It will perhaps be found upon an accurate examination, that, though we cannot have two ideas at once, yet it is not juft to fay, that the firft has perifhed before the fecond begins to exift. The inftant that connects them, is of no real magnitude, and J zS OF THE MECHANISM BOOK IV. a nd produces no real divifion. The mind is always full. It is CHAP. VII. r J 1 * ' this inftant therefore that is the true point of comparifon. It may be objected, " that this cannot be a juft reprefentation, fince comparifon is rather a matter of retrofpect deciding be- tween two ideas that have been completely apprehended, than a perception which occurs in the middle, before the fecond has been yet obferved." To this objection experience will perhaps be found to furnifh the true anfwer. We find in fact that we cannot compare two obje&s till we have paned and repaffed them in the mind. apprehenfion: « Suppofing this account of the operation of the mind in comparifon to be admitted, yet what fhall we fay to a complex fentence containing twenty Ideas, the fenfe of which I fully apprehend at a fingle hearing, nay, even in fome cafes by that time one half of it has been uttered ?" The mere talk of understanding what is affirmed to us is of a very different nature from that of comparifon, or any other fpecies of judgment that is to be formed concerning this affirma- tion. When a number of ideas are prefented in a train, though in one fenfe there be variety, yet in another there is unity. Firft, there is the unity of uninterrupted fucceffion, the perennial flow as of a fbream, where the drop indeed that fucceeds is nu- merically diftincT: from that which went before, but there is no ceflation. OF THE HUMAN MIND. 329 ceffation. Secondly, there is the unity of method. The mind 529 pvt? apprehends, as the difcourfe proceeds, a ftricl: aflbciation, from ' *-"■" ■* fimilarity or fome other fource, between each idea as it follow* in the procefs, and that which went before it. The faculty of understanding the different parts of a difcourfe in their cornexion with each other, fimple as it appears, is in reality of gradual and flow acquifition. We are by various caufes excluded from a minute obfervation of the progrefs of the infant mind, and therefore do not readily conceive by how im- perceptible advances it arrives at a quicknefs of apprehenfion relative to' the fimplefl: fentences. But we more eafily remark its fubfequent improvement, and perceive how long it is be- fore it can apprehend a difcourfe of any length or a fentence of any abftrac"tion. Nothing is more certain than the pofflbility of my perceiving the fort of relation that exifts between the different parts of a methodical difcourfe, for example, Mr. Burke's Speech upon Oeconomical Reform, though it be impoffible for me after the fevereft attention to confider the feveral parts otherwife than fuccefllvely. I have a latent feeling of this relation as the dif- courfe proceeds, but I cannot give a firm judgment refpe&ing it otherwife than by retrofpedt. It may however be fufpe&ed that, even in the cafe of fimple apprehenfion, an accurate at- tention to the operations of mind would ihow, that we faarcely U u ia Mo . OF THE MECHANISM ph a p vt't * n an ^ mu " ance near a fingle fentence, without returning again * y ' and again upon the fteps of the fpeaker, and drawing more clofely in our minds the preceding members of his period, before he arrives at its conclufion ; though even this exertion of mind, fubtle as it is, be not of itfelf thought fufficient to authorife us to give a judgment upon the whole. There may perhaps be cafes where the apprehenhon is more inftantaneous, A fimilar exception appears to take place even in fome cafes of judgment or comparifon. A new affociation, or a connecting of two idea s by means of a middle term, which were never brought into this relation before, is a talk of fuch a nature, that the ftrongeft mind feels fome fenfe of effort in the operation. But, where the judgment accurately fpeaking is already made, the operation is in a manner inftantaneous. If you fay, that a melon is a larger fruit than a cherry, 1 immediately alTent. The judgment, though perhaps never applied to this individual fubjecl:, may be faid to have been made by me long before. If again you tell me that Csefar was a worfe man than Alexander, I inftantly apprehend your meaning ; but, unlefs I have upon fome former occafion confidered the queftion, I can neither affent nor dilTent till after fome reflection. Rapidity of But, if the principle here ftated be true, how infinitely rapid the fuccefiion of ideas. muft be the fuccefiion of ideas ? While I am fpeaking no two ideas are in my mind at the fame time, and yet with what fa- cility do I pafs from one to another ? If my difccurfe be argu- mentative. OF THE HUMAN MIND. 331 mentative, how often do I pafs the topics of which it confifts in ^ ^ *Y* review before I utter them, and even while I am (peaking con- v v ' tinue the review at intervals without producing any paufe in my difcourfe ? How many other fenfations are perceived by me du- ring this period, without fo much as interrupting, that is, with- out materially diverting the train cf my ideas ? My ey^e fuccef- fively remarks a thoufand objects that prefent themfelves. My mind wanders to the different parts of my body, and receives a fenfation from the chair upon which I fit, from the table upon which I lean ; from the pinching of a fhoe, from a finging in my ear, a pain in my head, or an irritation of the breaft. When thefe mod perceptibly occur, my mind paifes from one to another, without feeling the minuteft obflacle, or being in any degree diffracted by their multiplicity. From this curfory view of the fubject it appears that we have a multitude of different fuc- ceffive perceptions in every moment of our exiflence*. Confcioufnefs, as it has been above defined, appears to be one Application of the departments of memory. Now the nature of memory^ fo far as it relates to the fubjeel of which we are treating, is ex- ceedingly obvious. An infinite number of thoughts palled * An attempt has been made to calculate thefe, but there is no reafon to be- lieve that the calculation deferves to be confidered as a llandard of truth. Sulfa- tions leave their images behind them, fome for a longer and fome for a fhorter time ; fo that, in two different inftances, the calculation is in one cafe eight, and in another three hundred and twenty to a fecond. See Watfon on Time, Ch. II. U u 2 through 332 OF THE MECHANISM •^?°,?J V * through my mind in the laft five minutes of my exiftence. How CHAP.VII. t> j j v v— - J many of them am I now able to recoiled ? How many of them- fhall I recoiled! to-morrow ? One impreffion after another is per- petually effacing from this intellectual regifter. Some of thenl may with great attention and effort be revived ; others obtrude themfelves uncalled for ; and a third fort are perhaps out of the reach of any power of thought to reproduce, as having never left their traces behind them for a moment. If the memory be capable of fo many variations and degrees of intenfity, may there not be fome cafes with which it never connects itfelf ? If the fucceflion of thoughts be fo inexpreffibly rapid, may they not pafs over fome topics with fo delicate a touch, as to elude the fupplement of confcioufnefs ? Duration It feems to be confcioufnefs, rather than the fucceflion of meafured by confcioufnefs. id eaSj that meafures time to the mind. The fucceflion of ideas is in all cafes exceedingly rapid, and it is by no means clear that it can be accelerated. We find it impracticable in the experi- ment to retain any idea in our minds unvaried for any percep- tible duration. Continual flux appears to take place in every part of the univerfe. It is perhaps a law of our nature, that thoughts fhall at all times fucceed to each other with equal ra- pidity. Yet time feems to our apprehenfion to flow now with a precipitated and now with a tardy courfe. The indolent man reclines for hours in the fhade ; and, though his mind be per- petually at work, the filent lapfe of duration is unobferved. 3 But, OF THE HUMAN MIND. 333 But, when acute pain or uneafy expectation obliges confcioufhefs **00K IV. to recur with unufual force, the time then appears infupportably ' « ' long. Indeed it is a contradiction in terms to fuppofe that the fucceffion of thoughts, where there is nothing that perceptibly links them together, where they totally elude or inftantly vanifh from the memory, can be a meafure of time to the mind. That there is fuch a ftate of mind in fome cafes afluming a per- manent form, has been fo much the general opinion of man- kind, that it has obtained a name, and is called reverie. It is probable from what has been faid that thoughts of reverie, un- derftanding by that appellation thoug'its untranfmitted to the memory, perpetually take their turn with our more exprefii and digefted thoughts, even in the moft active fcenes of our life. Laftly, thought may be the fource of animal motion, and yet 3. a di'ftinft c t /-)• i 1 thought to there may be no need of a diftincT: thought producing each in- each motion . . . . ma y De in- dividual motion. This is a very important point in the fubject neceflary : before us. In uttering a cry for example, the number of mufcles and articulations of the body concerned in this operation is very great ; fhall we fay that the infant has a diftinct thought for each motion of thefe articulations ? The anfwer to this queftion will be confiderably facilitated, if apparent 11 n. 1 • I'll- rr- from the we recollect the manner in which the lmpreliions are blended, complexity of . c . fenfible im-. which we receive irom external objeds. The fenfe of feeling preffions. is diffufed over every part of my body, I feel the different fub- ftances BOOK IV. CHAP. VII. v „ t 334 OF THE MECHANISM fiances that fupport me, the pen I guide, various affections and petty irregularities in different parts of my frame, nay, the very air that environs me. But all thefe impreffions are abfolutely fimultaneous, and I can have only one perception at once. Out of thefe various impreffions, the moft powerful, or that which has the greateft advantage to folicit my attention, overcomes and drives out the reft ; or, which not lefs frequently happens, fome idea of affociation fuggefted by the laft preceding idea wholly withdraws my attention from every external object. It is probable however that this perception is imperceptibly modi- fied by the miniature impreffions that accompany it, juft as we actually find that the very fame ideas prefented to a fick man, take a peculiar tinge, that renders them exceedingly different from what they are in the mind of a man in health. It has been already fhown, that, though there is nothing lefs frequent than the apprehending of a fimple idea, yet every idea, however complex, offers itfelf to the mind under the conception of unity. The blending of numerous impreffions into one perception is a law of our nature, and the cuftomary train of our perceptions is entirely of this denomination. Mean while it deferves to be re- marked by the way, that, at the very time that the moft methodical feries of perceptions is going on in the mind, there is another fet of perceptions, or rather many fets playing an under or in- termediate part ; and, though thefe perpetually modify each other, yet the manner in which it is done is in an eminent degree minute and unobferved. Thefe OF THE HUMAN MIND. 335 Thefe remarks furnifh us with an anfwer to the long dlfputed EOOK IV- queftion, whether the mind always thinks ? It appears that in- "■ * ' 1 • lr The mind numerable impreffions are perpetually made upon our body, always thinks. and the only way, in which the flighteft of thefe is prevented from conveying a diftinct report to the mind, is in confequence of its being overpowered by fome more confiderable impreffion. It cannot therefore be alledged, " that, as one impreffion is found to be overpowered by another while we wake, the ftrongeft only of the fimultaneous impreflions furnifhing an idea to the miud ; fo the whole fet of fimultaneous impreffions during fleep may be overpowered, by fome indifpofition of the fenforium, and entirely fail of its effect." For, firft, the cafes are altogether different. From the explication above given it appeared, that not one of the impreffions was really loft, but tended, though in a very limited degree, to modify the predominant impreffion. Secondly, nothing can be more unintelligible than this indifpo- fition. Were it of the nature which the objection requires, fleep ought to ceafe of its own accord after the expiration of a certain term, but to be incapable of interruption from any experiment I might make upon the fleeper. To what purpofe call or make him ? Shall we fay, that it requires an impreffion of a certain magnitude to excite the fenforium ? Rut a clock fhall ftrike in the room and not wake him, when a voice of a much lower key produces that effect. What is the precife degree of magnitude neceffary ? We actually find the ineffectual calls that are addreffed to us, as well as various other founds, occafiorally mixing ^6 OF THE MECHANISM EOOK IV. m ixing with our dreams, without our being aware from whence 4 v ' this new perception arofe. To apply thefe obfervations. If a number of impreffions may come blended to the mind, fo as to make up one thought or perception, why may not one thought, in cafes where the mind acts as a caufe, produce a variety of motions ? It has already been fhown that there is no effential difference between the two cafes. The mind is completely paffive in both. Is there any fufficient reafon to fhow, that, though it be poffible for one fub- ftance confidered as the recipient of effects to be the fubject of a variety of fimultaneous impreffions, yet it is impofhble for one fubftance confidered as a caufe to produce a variety of fimulta- neous motions ? If it be granted that there is not, if the mere modification of a thought defigning a motion in chief, may produce a fecondary motion, then it muft perhaps farther be confeffed poffible for that modification which my firft thought produced in my fecond, to carry on the motion, even though the fecond thought be upon a fubject altogether different. Conclufioa. The confequences, which feem deducible from this theory of mind, are fufficiently memorable. By mowing the extreme fubtlety and fimplicity of thought, it removes many of the diffi- culties that might otherwife reft upon its finer and more evanef- cent operations. If thought, in order to be the caufe of animal motion, need not have either the nature of volition, or the v concomitant OF THE HUMAN MIND. 337 concomitant of confcioufnefs, and if a finele thought may BOOK IV. b ° : CHAP.VII. become a complex caufe and produce a variety of motions, it v * ' will then become exceedingly difficult to trace its operations, or to difcover any circumftances in a particular inftance of animal motion, which can fufficiently indicate that thought was not the principle of its production, and by that means fuperfede the force of the general arguments adduced in the beginning of this chapter. Hence therefore it appears that all thofe motions which are obferved to exift in fubftances having perception, and which are not to be difcovcred in fubllances of any other fpecies, may reafonably be fufpected to have thought, the diftinguifhing. peculiarity of fuch fubftances, for their caufe. There are various daffies of motion which will fall under The theory . r r applied to the this definition, befide thoie already enumerated. An example phenomenon of wulluno" : of one of thefe claffies fuggefts itfelf in the phenomenon of walk- ing. An attentive obferver will perceive various fymptoms cal- culated to perfuade him, that every ftep he takes during the longeft journey is the production of thought. Walking is in all cafes originally a voluntary motion. In a child when he learns to walk, in a rope dancer when he begins to pradtife that particular exercife, the diftinct determination of mind pre- ceding each ftep is fufficiently perceptible. It may be abfurd to fay, that a long feries of motions can be the refult of fo many exprefs volitions, when thefe fuppofed volitions leave no trace |n the memory. But it is not unreafonable to believe, that a X x fpecies 33* OF THE MECHANISM BOOK IV. CHAP.VII. * 1 ' fpecies of motion which began in exprefs defign, may, though it ceafes to be the fubject of confcious attention, owe its con- tinuance to a continued feries of thoughts flowing in that direc- tion, and that, if life were taken away, material impulfe would not carry on the exercife for a moment. We actually find, that, when our thoughts in a train are more than commonly earned, our pace flackens, and fometimes our going forward is wholly fufpended, particularly in any lefs common fpecies of walking, fuch as that of defcending a flight of flairs. In afcending the cafe is ftill more difficult, and accordingly we are accuftomed wholly to fufpend the regular progrefs of reflection during that operation. to the clrcu- Another clafs of motions of a ftill fubtler nature, are the re- lation of the blood. gular motions of the animal economy, fuch as the circulation of the blood, and the pulfation of the heart. Are thought and perception the medium of thefe motions ? We have the fame argument here as in the former inftances, conjun&ion of event. When thought begins, thefe motions alfo begin ; and, when it ceafes, they are at an end. They are therefore either the caufe or effect of percipiency, or mind ; but we fhall be inclined to embrace the latter fide of this dilemma, when we recoiled that we are probably acquainted with many inftances in which thought is the immediate caufe of motions, which fcarcely yield in fubtlety to thefe ; but that, as to the origin of thought, we are wholly uninformed. Add to this, that there are probably no OF THE HUMAN MIND. 339 » no motions of the animal economy, which we do not find it in BOOK IV. J CHAP. VII. the power of volition, and ftill more of our involuntary fenfa- ' * ' tions, to haflen or retard. It is far from certain that the phenomenon of motion can any Of motion in general. where exift where there is not thought. Motion may be diftri- buted into four daffies ; the fimpler motions which refult from what are called the effential properties of matter and the laws of impulfe ; the more complex ones which cannot be accounted for by the affumption of thefe laws, fuch as gravitation, elafti- city, electricity and magnetifm ; and the motions of the vege- table and animal fyftems. Each of thefe feems farther than that which preceded it from being able to be accounted for by any thing we underftand of the nature of matter. Some light may be derived from what has been here ad- Of dreams. vanced upon the phenomenon of dreams. " In fleep we fome- times imagine" for example " that we read long paffages from books, or hear a long oration from a fpeaker. In all cafes fcenes and incidents pafs before us that in various ways excite our paffions and intereft our feelings. Is it poihble that thefe fhould be the unconfcious production of our own minds ?" It has already appeared, that volition is the accidental, and by no means the neceffary concomitant, even of thofe thoughts which are moll active and efficient in the producing of motion. X X 2 It 34° OF THE MECHANISM OF THE HUMAN MIND. BOOK IV. It is therefore no more to be wondered at that the mind fhould CHAP. VII. be bufied in the compofition of books which it appears to read, than that a train of thoughts of any other kind fhould pafa through it without a confcioufnefs of its being the author. In fact we perpetually annex wrong and erroneous ideas to this phrafe, that we are the authors. Though mind be a real and efficient caufe, it is in no cafe a firft caufe. It is the medium through which operations are produced. Ideas fucceed each other in our fenforium according to certain neceffary laws. The moft powerful impreffion, either from without or from within, conftantly gets the better of all its competitors, and forcibly drives out the preceding thought, till it is in the fame irrefiftible manner driven out by its fucceffor. CHAP. [ 34 1 1 CHAP. VIII. OF THE PRINCIPLE OF VIRTUE. HYPOTHESES OF BENEVOLENCE AND SELF LOVE — SUPERIOR- ITY OF THE FORMER. — ACTION IS EITHER VOLUNTARY OR INVOLUNTARY. NATURE OF THE FIRST OF THESE CLASSES. ARGUMENT THAT RESULTS FROM IT. VO- LUNTARY ACTION HAS A REAL EXISTENCE. — CONSE- QUENCE OF THAT EXISTENCE. EXPERIMENTAL VIEW OF THE SUBJECT. SUPPOSITIONS SUGGESTED BY THE ADVOCATES OF SELF LOVE — THAT WE CALCULATE UPON ALL OCCASIONS THE ADVANTAGE TO ACCRUE TO US. FALSENESS OF THIS SUPPOSITION. SUPPOSITION OF A CONTRARY SORT. — WE DO NOT CALCULATE WHAT WOULD BE THE UNEASINESS TO RESULT FROM OUR RE- FRAINING TO ACT — EITHER IN RELIEVING DISTRESS — ■ OR IN ADDING TO THE STOCK OF GENERAL GOOD. UNEASINESS AN ACCIDENTAL MEMBER OF THE PROCESS. THE SUPPOSITIONS INCONSISTENTLY BLENDED. SCHEME OF SELF LOVE RECOMMENDED FROM THE PRO- PENSITY OF MIND TO ABBREVIATE ITS PROCESS FROM THE SIMPLICITY THAT OBTAINS IN THE NATURES OF THINGS. HYPOTHESIS OF SELF LOVE INCOMPATIBLE WITH VIRTUE. — CONCLUSION. — IMPORTANCE OF THE QUESTION. APPLICATION. T HE fubjedt of intellectual meclianifm fuggefted itfelf as BOOK IV. chap. vnr. the moft fuitable introduction to an enquiry into the v v ' moral principles of human conduct. Having firft afcertained that 342 - OF THE PRINCIPLE BOOK \J r \ th at thought is the real and efficient fource of animal motion, it CHAP- vii r. ° ' v v ' remains to be confidered what is the nature of thofe particular thoughts in which the moral conduct of man originates. Hypothefes Upon this queftion there are two opinions. By fome it is or bencvo- x - 1 l j fclflov fuppofed that the human mind is of a temper confiderably duc- tile, fo that, as we in certain inftances evidently propofe our own advantage for the object of our purfuit, fo we are capable no lefs fincerely and directly in other inftances of defiring the benefit of our neighbour. By others it is affirmed, that we are incapable of acting but from the profpect or ftimulant of per- fonal advantage, and that, when our conduct appears moft re- trograde from this object, the principle from which it flows is Superiority fecretly the fame. It fhall be the bufinefs of this chapter to of the for- mer, prove that the former hypothefis is conformable to truth. Aflion is j t [ s t0 be prefumed from the arguments of the preceding chap- tary or mvo- ter t h at there exift in the theory of the human mind two claffes of Unitary. ' action, voluntary and involuntary. The laft of thefe we have minutely inveftigated. It has fufficiently appeared that there are certain motions of the animal fyftem, which have fenfation or thought for their medium of production, and at the fame time arife, to have recourfe to a ufual mode of expreffion, fpon- taneoufly, without forefight of or a direct reflecting on the refult which is to follow. But, if we admit the exiftence of this phenomenon, there does not feem lefs reafon to admit the exiftence of the other clafs of action above enumerated, which 6 is OF VIRTUE. 343 is accompanied in its operation with a forefight of its refult, BOOK IV. and to which that forefight ferves as the reafon and caufe of ex- v * ' iftence. Voluntary action cannot proceed from all perceptions indif- ^ a .' llire ° rthc criminately, but only from 'perceptions of a peculiar clafs, viz. chiles. fuch perceptions as are accompanied with the idea of fomething as true refpecting them, fomething which may be affirmed or denied. One of the firft inferences therefore from the doctrine of voluntary action, is the exiftence of the underftanding as a fa- culty diftinct from fenfation, or, to fpeak more accurately, the poflibility of employing the general capacity of perception, not merely as the vehicle of diftinct ideas, but as the medium of connecting two or more ideas together. This particular habit, when it has once been created, gradually extends itfelf to every province of the mind, till at length it is impoffible for any thing to make a clear and diftinct impreflion upon the fenforium, with- out its being followed with fome judgment of the mind con- cerning it. It is 4 thus that man becomes a moral being. He is no farther fo than he is capable of connecting and comparing ideas, of making propofitions concerning them, and of forefeeing certain confequences as the refult of certain motions of the animal fyftem. . But, if the forefight of certain confequences to refult may be the 344 OF THE PRINCIPLE clP°' K IV f ^ ie m ^ c i ent reafon of action, that is, if there be fuch a thing * v ' as volition, then every forefight of that kind has a tendency to action. If the perception of fomething as true, joined with the confcioufnefs of my capacity to act upon this truth, be of it-, felf fufficient to produce motion in the animal fyftem, then every perception fo accompanied has a tendency to motion. To apply this to the fubjec~t before us. Argument I perceive a certain agreeable food, I perceive in myfelf an that refults . . , " . "' ' '■ ' frumit. appetite which this food is adapted to gratify, and thefe percep- tions are accompanied with a confcioufnefs of my power to ap- propriate this food. If no other confideration exift in my mind beyond thofe which have juft been ftated, a certain motion of the animal fyftem irrefiftibly follows. Suppofe now that the perfon about whofe appetites thefe pro- pofitions are converfant, is not myfelf but another. This varia- tion cannot materially alter the cafe. Still there remain all the circumftances neceflary to generate motion. I perceive the food, I am acquainted with the wants of the perfon in queftion, and I am confcious of my power of adminiftering to them. Nothing more is neceflary in order to produce a certain move- ment of my body. Therefore, if, as in the former cafe, no other confideration exift in my mind, a certain motion of the animal fyftem irrefiftibly follows. Therefore, if ten thoufand other confiderations exift, yet there was in this, feparately con- fidered. OF VIRTUE. 345 fidered, a tendency to motion. That which, when alone, muft nnPrFvXl inevitably produce motion, mUit, however accompanied, retain v « ' its internal character. Let us however fuppofe, which feems the only confiftent Y° ]un t«7 ac - ** * J tion has a real mode of fupporting the doctrine of felf love, " that there is no exiftence « fuch thing practically confidered as volition, that man never acts from a forefight of confequences, but always continues to act, as we have proved him to act at firfl, from the mere im- pulfe of pain, and precifely in the manner to which that im- pulfe prompts him, without the rational faculty having any ten- dency to prolong, to check or to regulate his actions." What an incredible picture does this exhibit to us of the human mind? We form to ourfelves, for this cannot be difputed, opinions, we meafure the tendency of means to the promotion of ends, we compare the value of different objects, and we imagine our conduct to be influenced by the judgments we are induced to make. We perceive the preferablenefs of one thing to another, we defire, we chufe ; all this cannot be denied. But all this is a vain apparatus ; and the whole fyftem of our conduct pro- ceeds, uninfluenced by our apprehenfion of the relative value of objects, and our forefight of confequences favourable or adverfe. There is no other alternative. "Once admit the understanding Confequenc* to an emaent lhare m the bufmefs, and there is no reafon that ence. Y y Gail 34 6 OF THE PRINCIPLE BOOK IV. can poffibJy be affigned, why every topic, which is the object of human underflanding, fhould not have its portion of effi- ciency. Once admit that we act upon the apprehenfion of fomething that may be affirmed or denied reflecting an idea, and we fliall be compelled to acknowledge that every propofitioa- including in it the notion of preferablenefs or the contrary, of better or worfe, will, fo far as it falls within the compafs of our power real or fuppofed to effect, afford a motive inducing, though with different degrees of energy, to animal motion.. But this is directly contrary to the theory of felf love. They who maintain that felf love is the only fpring of action, fay in effect, not only that no action is difinterefted, but that no dif- interefted confideration contributes in any degEee as an induce- ment to action. If I relieve the virtuous diftrefs of the beffe * of men, I am influenced according to them by no particle of love for the individual or companion for his diftrefs, but ex— clufively by the defire of procuring gratification to myfelf. Let us confider this cafe a little more clofely. If I perceive- either that my profperity or exiftence mull be facrificed to thofe of twenty men as good as myfelf, or theirs to mine,, furely this affords fome fmall inducement to adopt the former- part of the alternative- It may not be fuccefsful, but does it excite no wifh however fleeting, no regret however ineffectual ? The decifion of the queftion is in reality an affair of arithmetic ; : k there no human being that was ever competent to underftand it ? OF VIRTUE. 347 it? The value of a man is his ufefulnefs; has no man ever be- ^J~^ lieved that another's capacity for ufefulnefs was equal to his own? ' * " I am as 40, confequently the others are as 800 ; if the 40 were not myfelf, I mould perceive that it was lefs than Soo ; is it pof- fible I fhould not perceive it, when the cafe becomes my own ? But the advocates for the fyftem of felf love generally admit, ■" that it is poffible for a man to facrifice his own exiftence in order to preferve that of twenty others j" but they affirm, *' that in fo doing he acts from perfonal intereft. He perceives that it is better for him to die with the confcioufnefs of an he- roic action, than live with the remorfe of having declined it." That is, here is an action attended with various recommenda- tions, the advantage to arife to twenty men, their tranquillity and happinefs through a long period of remaining exiftence, the benefits they will not fail to confer on thoufands of their contem- poraries, and through them on millions of pofterity, and laftly his own efcape from remorfe and momentary exultation in the per- formance of an act of virtue. From all thefe motives he felects the laft, the former he wholly difregards, and adopts a conduct of the higheft generality from no view but to his own advantage. Abftractedly and impartially confidered, and putting felf as fuch out of the queftion, this is its leaft recommendation, and he is absolutely and unlimitedly callous to all the reft. •Confidering then the fyftem of difintereftednefs as fufficiently Experiment! view of tb« Y y 2 eftablifhed fubjeft. 343 OF THE PRINCIPLE ru ?p K vm eftablifhed in theory, let us compare it with the leflbns of ex- * x^ — ' perience. There are two different hypothefes by which this buppolmons * * * - * th ffS dvt 't 7 tneor y i s oppofed ; the one affirming " that in every thing we of felt love: do,, we employ, previoufly to the choice of the mind, a calculation by which we determine how far the thing to be done will con- duce to our own advantage j" the other afcribing our actions " to the fame blind and unintelligent principle, by which, when a child cries, he frequently utters a found unexpected by himfelf, but which inevitably refults from a certain connexion of an or> ganized body with an irritated mind." that we cal- How far does experience agree with the firft of thefe hy- all occafions pothefes I Surely nothing can be more contrary to any thing we to accrue to are able to obferve of ourfelves, than to imagine, that in every ad, of pity fuppofe, we eftimate the quantity of benefit to arife to ourfelves, before we yield to the emotion. It might be faid indeed, that the mind is very fubtle in its operations, and that, a certain train of reafoning having been rendered familiar to us, we pafs it over in our reflections with a rapidity that leaves no trace in the memory. But this, though true, will contribute little to relieve the fyftem we are confidering, fince it unfortu- nately happens that our firfi emotions of pity are leafl capable of being accounted for in this way. «b Falftnefs of To underftand this let us begin with the cafe of an infant. this fuppofi. •ion. Before he can feet fympathy, he muft have been led by a feries OF VIRTUE. 349 feries of obfervations to perceive that his nurfe for example, is BOOK IV. r r ' CHAP. VIII. a being poflefled of confcioufnefs, and fufceptible like himfelf v *— -* of the impreflions of pleafure and pain. Having fupplied him with this previous knowledge, let us fuppofe his nurfe to fall from a flight of flairs and break her leg. He will probably feel fome concern for the accident ; he will umlerftand the meaning of her cries, fimilar to thofe he has been accuftomed to utter in diftrefs ; and he wilL difcover fome wifh to relieve her. Pity is perhaps firft introduced by a mechanical impreflion upon the organs, in confequence of which the cries uttered by another prompt the child without direct defign to utter cries of his own. Thefe are at firft unaccompanied with compaflion, but they naturally induce the mind of the infant to yield atten- tion to the appearance which thus imprefied .him.. . In the relief he wifhes to communicate is he prompted by reflecting on the pleafures of generofity ? This is by the fuppo- fition the firft benevolent emotion he has experienced, and pre- vioufly to experience it is impoflible he mould forefee the plea- fures of benevolence. Shall we fuppofe that he . is influenced by other felfilh confiderations ? He confiders, that, if his nurfe die, he will be in danger of perifhing; and that, if fhe be lame, he will be deprived of his airings. Is it pof- fible that any man fhould believe, that, in the inftantaneous impulfe of fympathy, the child is guided by thefe remote con- fiderations ? Indeed it was unneceflary to have inftanced in an fittion apparently benevolent, fince it is equally clear that our moil 35 o OF THE PRINCIPLE BOOK IV. mo fl- f am iliar a&ions are inconfiftent with this explanation. CHAP. VIII. r v v ' We do not fo much as eat and drink, from the recollection that thefe functions are necefTary to our fupport. Suppofidon The fecond of the two hypothefes enumerated, is diametrically of a contrary fort. the reverfe of the firft. As the former reprefented all human actions as proceeding from a very remote deduction of the in- tellect, the latter confiders the whole as merely phyfical. In its literal fenfe, as has already been feen, nothing can be more incompatible with experience. Its advocates therefore are obliged to modify their original aflumption, and to fay, not that we act merely from fenfation, but that fenfetion affords the bafis for reflection ; and that, though we be capable of conducting our- felves by fyftem and forelight, yet the only topic to which we can apply that forefight is the removal of pain. In reality all that which is regularly adapted to the accomplifhment of a certain purpofe, muft be admitted to flow from the dictates of reflection. The tear ftarts, the cry is uttered at the prompting of fenfation .only, but we cannot lift a finger to relieve except as we are com- manded by the underftanding. We do not Here then we are prefented with the commencement of a new calculate what would be the feries. If uneafineis be ftill the fource of the phenomena, at uneafmefs to xefukfromour l ea ft it is now under a different form. Before, a certain emotion refiaining to aft : was produced, reflecting which no intention was extant in the either in re- mind. Now an action or a feries of actions is adopted with a lieving dif- •trefs.: certain view and leading to a certain end. This end is faid to 2 be OF VIRTUE. 3S i be the removal of uneafinefs. Whether it be or no is a queftion BOOK IV. * CHAP. VIII. which recollection in many cafes is competent to enable us to v ""~*~ <* * decide. If we frequently deceive ourfelves as to the motive by which we are prompted to act, thi3 is chiefly owing to vanity, a defire of imputing to ourfelves, or being underftood by the world to act from a principle more elevated than that which truly belongs to us. But this idea is leaft prevalent with chil- dren and favages, " and of confequence they ought to be moft completely aware that the project they have conceived is that of removing uneafinefs. It feems to be an uncommon- refinement in abfurdity to fay, that the end we really purfue is one to which we are in no inftance confcious ; that our action is wholly derived from an unperceived influence, and the view extant in. the understanding altogether impotent and unconcerned. . In the cafe we have juft examined uneafinefs is the firft ftep or in adding to the flock in the procefs ; in others which might be flated uneafinefs is of general good. not the firft ftep. " In the purfuit" fuppofe " of a chemical procefs I accidentally dhcover a circumftance, which may be of great benefit to mankind. I inftantly quit the object I was ori- ginally purfuing, profecute this difcovery, and communicate it to the world." In the former proceeding a fenfation of pain was the initiative, and put my intellectual powers into action. In the prefent cafe the perception of truth is the original mover. Whatever uneafinefs may be fuppofed to exift, rendering me anxious for the publication of this benefit,, is the confequence of the 35« €F THE PRINCIPLE J?,?»9, K J,Y; tne perception. The uneafinefs would never have exifted if the CHAP. VIII. r r K ~~~ y ' ' perception had not gone before k. Uneafinefs Biitit lias been faid, " that, though the perception of truth in an accidental member of this cafe goes firft, the pain was not lefs indifpenfible in the the procefs. procefs, fince, without that, action would never have followed. Action is the child of defire, and a cold and uninterefting deci- fion of the underftanding would for ever have laid dormant in the mind." Granting that pain in a certain modified degree is a conftant ftep in the procefs, it may neverthelefs be denied that it is in the ftricteft fenfe of the word indifpenfible. To perceive that I ought to publifh a certain difcovery, is to perceive that pubKfhing is preferable to not publifhing it. But to perceive a preference is to prefer, and to prefer is to choofe. The procefs is in this cafe complete, and pain, in the fenfe in which it comes in at all, Is merely an accident. Why do I feel pain in the neglect of an ad of benevolence, but becaufe benevolence is judged by me to be a conduct which it becomes me to adopt? Does the underftanding wait to enquire what advantage will re- fult from the propofitions, that two and two make four, or that fuch and fuch caufes will contribute to the happinefs of my neighbour, before it is capable of perceiving them to be true ? The fame principle which is applied here, is not lefs applica- ble to fame, wealth and power, in a word to all thofe purfuits which, engage the reflecting and fpeculative part of the civilifed world. OF VIRTUE. 353 world. None of thefe objects would ever have been purfued, BOOK iv. J r ' chap. vnr. if the decifions of the intellect had not gone firft, and informed ' * ' us that they were worthy to be purfued. Neither of the two hypothefes we have been examining would The fuppofi- tions incoa- perhaps have been reckoned fo much as plaufible in themfelves, fificntiy r r r blended. if they had not been blended together by the inadvertence of their fupporters. The advocates of felf love have been aware, that the mere fenfitive impulfe of pain would account for a very fmall part of the hiftory of man ; and they have therefore infen- fibly Hided from the confideration of uneafinefs to be removed, to that of intereft to be promoted. They have confounded the two cafes of fenfation and reflection ; and, taking it for granted in the latter that private gratification was the object univerfally purfued, have concluded that they were accounting for all human actions from one principle. In reality no two principles can be more diftinct, than the impulfe of uneafinefs, which has very improperly been denominated the love of ourfelves, and that de- liberate felf love, by which of fet defign we purfue our own ad- vantage. One circumftance only they have in common, that of reprefenting us as incapable of understanding any propofition, till we have in fome way or other connected it with perfonal in- tereft. This is certainly a juft reprefentation of their confe- quences ; fince, if I were capable of underftanding the naked propofition, that my neighbour flood in need, of a candle for Z z inflance 354 OF THE PRINCIPLE CH niAp'vm" ^ n ^ ance t0 De removed from one end of a room to the other, ' this would be a reafon of action, a motive, either ftrong or weak, either predominant cr the contrary. But, if this confideration entered for any thing into the ground of my proceeding, the whole would not be refolvable into felf love. .Scheme of An hypothefis, which has been thought to have fome ten- felf love re- commended dency to relieve the difficulties of the fyftem of felf love, is that from the pro- penfity of « f the mind's reafoning out for itfelf certain general principles, mind to ab- breviate its which are a fort of refting-places in the procefs, to which it procefs. afterwards recurs, and upon which it acts, without being at the trouble in each inftance of application, of repeating the reafona upon which the general principle was founded.. Thus in geo-- metry, as we proceed to the higher branches, we perpetually refer to the earlier propofitions as eftablifhed and certain, with- out having at the time in our minds perhaps the fmalleft recol- lection of the way in which thofe early propofitions were demonftrated." But this reprefentation, though true, has very- little tendency to decide in the fubject: before us. It is ftill true,, that, if I be capable of underitanding a propofition as it relates to the intereft of my neighbour, any reafoning about the pro- pofition by which it is. indirectly connected with my own intereft, is unneceiTary to put me into a ftate of action. It is ftill true, that my action has a direct; and an indirect tendency ; and, till it can be Ihown that there is fom.ething in the nature of mind OF VIRTUE. 3SS mind that unfits it for entertaining the direct purpofe, an un- BOOK IV. prejudiced enquirer will be very little difpofed univerfally to * * ' have recourfe to that which is indirect. The hypothefis of felf love feems to have been originally in- fr°m the fim- plicity that vented from a love of "that fimplicity, which appears to be the obtains in the J natures of ultimate term in all grand difcoveries relative to the fyftem of things, the univerfe." But fimplicity, though well deferving our appro- bation, can fcarcely of itfelf be a fufficient iiipport for any opinion. The fimplicity however in this cafe is more apparent than real. Not to repeat what has been faid relative to the coalition of two hypothefes very incongruous in their own nature, there is little genuine fimplicity in a fcheme, that reprefents us as perpetually acting from a motive which we lead fufpected, and feeks by a circuitous and intricate method for a recommen- dation of little intrinfic value, rejecting in all cafes the great and obvious reafon which the firft view of the fubject fuggefted. True fimplicity is altogether on the fide of the oppofite fyftem, which reprefents man as capable of being governed by the nature of the thing, and of acting from the motive which he fuppofes to influence him ; which requires nothing but percep- tion to account for all the phenomena of mind, and, when a reafon exciting to action is apprehended, does not feck for an additional principle to open a communication between the judg- ment and the choice. Z z 2 . There 35 6 OF THE PRINCIPLE BOOK IV. There is one obfervation more, which, though it be not fo CHAP. VIII. ' ' b _*; — ^—r J conclufive as fome of thofe which have been mentioned, ought Hypothelis ' ' ° of feif love not to jjg omitted. If felf love be the only principle of action, incompatible ■?.*.* ' with virtue, there can be no fuch thing as virtue. Virtue is a principle in the mind, by which we are enabled to form a true eftimate of the pretenfions of different reafons inviting us to preference. He, that makes a falfe eftimate, and prefers a trivial and partial good to an important and comprehenfive one, is vicious. It is in the difpofition and view of the mind, and not in the good which may accidentally and unintentionally refult, that virtue confifts. Judas's act in betraying Chrift, according to the Chriftian fyftem, may be regarded as a real and eflential caufe conducing to the falvation of mankind. Yet Judas's act was not virtuous, but vicious. He thought only of the forty pieces of filver, the price of- his treachery, and neglected every consi- deration of public utility and juftice. Juft fo in the cafe ftated early in the prefent chapter, the public benefactor, abfolutely and ftrictly fpeaking, prefers forty to eight hundred or eight hundred millions. So far as relates to the real merits of the cafe, his own advantage or pleafure is a very infignificant confideration, and the benefit to be produced, fuppofe to a world, is ineftima- ble. Yet he falfely and unjuftly prefers the firft, and regards the latter, abftractedly confidered, as nothing. If there be fuch a thing as juftice, if I have a real and abfolute value, upon which truth can decide, and which can be compared with what is greater or lefs, then, according to this fyftem, the beft a&ion that 5 ever OF VIRTUE. 357 ever was performed, may, for any thing we know, have been the BOOK IV. action in the whole world of the moft exquifite and deliberate ' « ' injuftice. Nay, it could not have been otherwife, fince it pro- duced the greateft good, and therefore was the individual in- ftance in which the greateft good was moft directly poftponed to perfonal gratification. i Nor will this objection be much relieved by the fyftem already alluded to of refting-places, enabling a man in a certain degree to forget the narrow and felfifh principles in which his con- duel originated. It can fcarcely be queftioned, that the motives which induced a man to adopt his fyftem of conduct, and with- out which he never would have adopted it, are of more import- ance, than the thoughtleffnefs and inattention by which they are forgotten, in deciding upon the morality of his character. From this train of reafoning the refult is, that men are capa- Conclufion. ble of underftanding the beauty of virtue, and the claims of other men upon their benevolence ; and, underftanding them, that thefe views, as well as every other perception of the in- tellect, are of the nature of motives, fometimes overpowered by other confiderations, and fometimes overpowering them, but always in their own nature capable of exciting to action, when not counteracted by pleas of a different fort. Men are capable no doubt of preferring an inferior intereft of their own to a fuperior intereft of other people ; but to this preference it is perhaps 358 OF THE PRINCIPLE CHAiFviii perhaps neceffary, that they fhould imagine the benefit to 1 y ' themfelves to be great and the injury to others comparatively fmall, or elfe that they mould have embraced the pernicious -opinion that the general good is bed ferved by each man's applying himfelf exclufively to his perfonal advantage. Importance There is no doctrine in which the generous and elevated of the cjuef- tlon. mind refts with more fatisfaction, than in that of which we are treating. If it be falfe, it is no doubt incumbent upon us to make the beft of the fmall remnant of good that remains. But it is a heartlefs profpect for the moralift, who, when he has done all, has no hope to perfuade mankind to one atom of real affection towards any one individual of their fpecies. We may be made indeed the inftruments of good, but in a way lefs honourable, than that in which a frame of wood or a meet of paper may be made the inftrument of good. The wood or the paper are at leaft neutral. But we are drawn into the fervice with affections of a diametrically oppofite direction. When we do the moft benevolent action, it is with a view only to our own advantage, and with the moft fovereign and unreferved neglect of that of others. We are inftruments of good, juft in the fame manner as bad men are faid to be the inftruments of providence, even when their inclinations are moft refractory to its decrees. In this fenfe we may admire the fyftem of the univerfe, where public utility refults from each man's contempt of that utility, and where the moft beneficial actions of thcfe, whom we have been accuilomed OF VIRTUE. 359 accuftomed to term the beft men, are only inftances in which Bo p K Iv% juftice and the real merits of the cafe are mod flagrantly violated. * • ' But we can think with little complacence of the individuals of whom this univerfe is compofed. It is no wonder that philo- fophers, whofe fyftem has taught them to look upon their fellow men as thus perverfe and unjuft, have been frequently cold, phlegmatic and unanimated. It is no wonder that Roufleau, the moft benevolent of all thefe philofophers, and who moft efcaped the general contagion, has been driven to place the per- fection of all virtue in doing no injury*. Neither philofophy nor morality nor politics will ever fhow like themfelves, till man Ihall be acknowledged for what he really is, a being capable of juftice, virtue and benevolence, and who needs not always to be led to a philanthropical conduct by foreign and frivolous con- fiderations. The fyftem of difinterefted benevolence proves to us, that it is poflible to be virtuous, and not merely to talk of virtue ; that all which has been faid by philofophers and moralifts refpe&ing impartial juftice is not an unmeaning rant ; and that, when we call upon mankind to diveft themfelves of felfifh and perfonal con- fiderations, we call upon them for fomething which they are able to practife. An idea like this reconciles us to our fpecies j teaches us to regard with enlightened admiration the men who * " La plus fublime vertu eft negative ; elle nous injlruit de ne jamais f aire dtt mat « perfonne." Emile, Liv. II. 3 have 360 OF THE PRINCIPLE BOOK IV. h ave appeared to lofe the feeling of their perfonal exiftence in v — — « ' the purfuit of general advantage ; and gives us reafon to expert, that, as men collectively advance in fcience and ufeful inftitu- tion, they will proceed more and more to confolidate their pri- vate judgment and their individual will with abftract juftice and the unmixed approbation of general happinefs. Application. What are the inferences that ought to be made from this doctrine with refpect to political inftitution ? Certainly not that the intereft of the individual ought to be made incompatible with the part he is expected to take in the intereft of the whole. This is neither defirable, nor even poffible. But that focial in- ftitution needs not defpair of feeing men influenced by other and better motives. The legiflator is bound to recollect that the true perfection of mind confifts in difintereftednefs. He fhould regard it as the ultimate object of his exertions, to induce men to eftimate themfelves at their true value, and neither to grant to themfelves nor claim from others a higher confideration than they juftly deferve. Above all he fhould be careful not to add to the vigour of the felfifh paflions. He fhould gradually wean men from contemplating their own bene- fit in all that they do, and induce them to view with com- placency the advantage that is to refult to others. The laft perfection of this feeling confifts in that ftate of mind which bids us rejoice as fully in the good that is done by others, as O F V I R T U E. 361 as If it were done by ourfelves. The truly wife man will COOK IV. 1 ] chap. vnr. be actuated neither by interefl nor ambition, the love of ' £ — ' Conceilioa. would probably render me difinclined to fill many eminent fta- tions, to be a great lawyer, a great fenator, or a great minifter. The functions of thefe fituations in the prefent ftate of man- kind are of fo equivocal a nature, that a man, whofe moral views are in the higheft degree fublime, will perhaps find in himfelf little forwardnefs to exercife them. He will perhaps conceive that in a private flation, unincumbered with engage- ments, unwarped by the finifter motives that high office will not fail to prefent, he may render more lafting fervices to man- kind. But furely it is no very formidable objection to fay, that honefty will prevent a man from acquiring what he has no wifh to acquire. A cafe of fomewhat a different nature has been fuggefted, and Cafe where convenient it has been afked, " Whether honefty be the beft road to fuccefs, vic e bids fair for conceal- where the violation of it bids fair for perpetual concealment ? ment » Fortune has led me to the military profeffion, I lack advance- ment, but promotions in the army are cuftomarily made by pur- chafe. Thus circumftanced, I find by accident a fum of money, in fecreting which I am in little danger of detection, and I apply this fum to purchafe me a commiffion. Should I have more effectually promoted my worldly fuccefs by a more fcrupulous conduct ?" The anfwer to this queftion ought probably to be affirmative, chance of de- ttaion. In 376 OF THE TENDENCY 5?,?'I T Y; Iti the firft place we are to confider the chance of detection CHAP. IX. r ' The direct tendency of the laws of the material univerfe is fuch, as to force the more considerable and interefting actions cf hu- man beings into publicity. No man can render himfelf invifible. The moft artful confpirator cannot fufficiently provide againft a thoufand petty circumflances, that will lead, if not to conviction, at lean: to prefumption againft him. Who is there that would wifh to have faftened upon him the fufpicion of a bafe and difin- genuous procedure ? This feature in human affairs is fo remark- able, as to have furnifhed topics to the literary induftry of former centuries, and to have been interpreted God's revenge againft the unjuft. Suppofe that in this cafe I found the money dropped in a field. Will the owner have no fufpicion where he loft it ? Will no human being have obferved that I was near the fpot at the queftionable period ? The chances are certainly againft me, and a mere balance of chance would probably have been fuffi- cient to prove that honefty is the beft policy. The bare circum- flance of my fuddenly pofTeiling a fum of money without vi- fible means of acquiring it, a circumftance to which the attention of my neighbours is always fufhciently alive, would caft an un- pleafant ftain upon my character. How often has the well con- trived train of the politician, triumphing in the infcrutability of his wifdom, been baffled by the moft trivial accidents ? Since therefore, " the race is not to the fvvift, nor the battle to the ftrong," the trueft wifdom is to a<3 fo as to fear no detec- tion. There OF VIRTUE. 377 There are other circumftances which tend to eftablifh the book rv. CHAP. IX. fame propofition. The man, who depends upon his courage, ?~~7~r* — f his ability, or his amiable character for recommendation, will perpetually cultivate thefe. His conftancy will be unwearied ; and, confcious of the integrity of his means, his fpirit will be in- trepid and erect. The progrefs of this man, if his ardour be fufficiently great to infpire him with ability, and to render him quick fighted to the detection of his miftakes, will be inceflant. But the man who has employed foul means, will depend partly upon them, and cannot be fo fervent in the cultivation of the true. If he always efcape detection, he will always fear it, and apprehen- fjvenefs i this will fully the clearnefs of his fpirit. Vice cannot compare with virtue in its tendency to individual happinefs. This is not the fubject we are confidering in this place j but this will apply- to our fubject. Remorfe, uneafinefs and confufion of mind are calculated to prevent me from perceiving the true point of pro- jection in my affairs, and detract much from the probability of my rifing to eminence in any profeffion. Laftly, the man who has once yielded to a difhoneft tempta- and deprarlty tion, will yield to it again. He has loll the confiftency of cha- of e vi°e.' Pn "^ racter and difdain of vice, which were his firmeft fecurities. He that fays, " I will be difhoneft now, and difhoneft no more," for- gets fome of the moft obvious and characteriftic features of the human mind. If he efcape fufpicion in the firft inftance, he will 3 C only 37 8 OF THE TENDENCY OF VIRTUE. B °o*£ l Y' only difgrace himfelf more foully in the fecond : if the remorfe CHAP. IX. J ° - * * x and degradation of fpirit arifing from one bafe ac"tion could pe- rifh, they would be fixed and invigorated by other bafe actions growing out of the firft. AN 4-, *. \ v*>' CONTENTS OF THE SECOND VOLUME. BOOK V. OF LEGISLATIVE AND EXECUTIVE POWER. BOOK Vt OF OPINION CONSIDERED AS A SUBJECT OF POLITICAL INSTITUTION. BOOK VIL OF CRIMES AND PUNISHMENTS. BOOK VIII. OF PROPERTY. CONTENTS OF THE FIFTH BOOK. OF LEGISLATIVE AND EXECUTIVE POWER. CHAP. I. INTRODUCTION. JJETROSPECT of principles already efabli/hed.—Di/lribution of the remaining fubjecls. — Subject of the prefent book. — Forms of government. — Method of examination to be adopted. Page 379 CHAP. II. OF EDUCATION, THE EDUCATION OF A PRINCE. Nature of monarchy delineated. — School of adverfty. — Tendency of fuperfluity to infpire effeminacy — to deprive us of the benefit of -experience. — Illu/irated in the cafe of princes. — Manner in which they are addrejfed. — Inefficacy of the inflruclion be/lowed upon ihenu 383 b 2 CHAP. CONTENTS. CHAP. III. PRIVATE LIFE OF A PRINCE. Principles by which he is influenced — irrefponjibility — impatience of control — habits of dijfipation — ignorance — dijlike of truth — dijlike of jufiice.— Pitiable Jit u at ion of princes. Page 397 CHAP. IV. OF A VIRTUOUS DESPOTISM. Suppofed excellence of this form of government controverted— from the narrownefs of human powers. — Cafe of a vicious adminif ra- tion — of a virtuous adminijlration intended to be formed. — Monar- chy not adapted to the government of large fates. 408 CHAP. V. OF COURTS AND MINISTERS; Syfiematical monopoly of confidence. — Char abler of ' minifters — of their dependents. — Venality of courts. — Univerfality of this principle. 414 CHAP. VI. OF SUBJECTS. Monarchy founded in impoflure. — Kings not entitled to fuperiority— inadequate to the functions they pojjefs. — Means by which the im- poflure is maintained — i.fplendour — 2. exaggeration, — 'this im- popure CONTENTS. pojlure generates — r. indifference to merit — 2. indifference to truth — 3. artificial dejires — 4. pufillanimity \ — Moral incredulity of mo- narchical countries. — Injujlice of luxury — of the inordinate admira- tion of wealth. Page 423 CHAP. VII. OF ELECTIVE MONARCHY. Diforders attendant on fuch an election. — Election is intended either to provide a man of great or of moderate talents. — Confequences of thefirfl — of the fecond* — Can elective and hereditary monarchy be combined? 435 CHAP. VIII. OF LIMITED MONARCHY. Liable to mofi of the preceding objections — to farther objections pecu- liar to itfelfi — Refponfibility confdered. — Maxim, that the king can do no wrong. — Functions of a limited monarch. — Impoffbility of maintaining the neutrality required. — Of the difmiffion of minifiers. — Refponfibility of min'fiers — Appointment of 'minifers , its import- ance — its difficulties. — Recapitulation. — Strength and weaknefs of the human fpecies. 441 CHAP. IX. OF A PRESIDENT WITH REGAL POWERS. Enumeration of powers — that of appointing to inferior offices — of pardoning offences — of convoking deliberative affemblies — of affix- ing CONTENTS. ing a veto to their decrees. — Conclufon. — 'The title of king eftl- mated, — Monarchical and arl/locratical fyflems^ Jlmilarity of their effecls. Page 454 CHAP. X. OF HEREDITARY DISTINCTION. Birth confidered as a phyfcal caufe — as a moral caufe. — Arljlocra- tlcal ejllmate of the human fpecies. — Education of the great. Recapitulation. 46 1 CHAP. XI. MORAL EFFECTS OF ARISTOCRACY. Importance of practical jujlice. — Species of Injujilce which arl/locracy creates.— Ejlimate of the Injury produced. — Examples. 468 CHAP. XII. OF TITLES. Their origin and hlftory. — Their inferable abfurdity. — Truth the only adequate reward of merit. 474 CHAP. XIII. OF THE ARISTOCRATICAL CHARACTER. Intolerance of arl/locracy — dependent fir itsfuccefs upon the Ignorance of the multitude. — Precautions neceffary for its fupport. — Differ- ent kinds of arl/locracy.— Arl/locracy of the Romans : Its virtues — Its CONTENTS. — its vices. — Arijlocratkal dlflribuiion of property — regulations by which It is maintained — avarice it engenders. — Argument againfl innovation from the prefent happy eflablijhment of affairs confidered. — Conclufon. Page 478 CHAP. XIV. GENERAL FEATURES OF DEMOCRACY. Definition. — Suppofed evils of this form of government — afcendancy of the Ignorant — of the crafty — Inconjlancy — rafj confidence — groundlefs fufpicion. — Merits and defecls of democracy compared. —Its moral tendency. — Tendency of truth. — Reprefentation. 489 CHAP. XV. OF POLITICAL IMPOSTURE. Importance of this topic. — Example In the dodirine of eternal punl/h- ment. — Its inutility argued— from hlfiory—from the nature of mind. — Second example: the religious fancilcn of a leglfiatlve fyfiem. — This Idea Is, 1. in fricl conjlrucllon Imprablicable — 2. injurious. — Third example : principle of political order. — Vice has no ejfentlal advantage over virtue. — Impojlure unnecejfary to the caufe ofjuflce — not adapted to the nature of man. 499 CHAP. XVI. OF THE CAUSES OF WAR. Offenfive war contrary to the nature of democracy.' — Defenfve war exceedingly rare. — Erroneoufnefs of the ideas commonly annexed to 2 the- C O N T E N T S. the phrafe, our country. — Nature of war delineated. — Insufficient caufes of war — the acquiring a healthful and vigorous tone to the public mind — the putting a termination upon private infults — the menaces or preparations of our neighbours — the dangerous con- fequences of concejjion. — Two legitimate caufes of war. Page 51 1 CHAP. XVII. OF THE OBJECT OF WAR. The repelling an invader. — Not reformation— not rejlraint — not in- demnification. — Nothing can be a fufficient object of war that is not a fufficient caufe for beginning it.— Refections on the balance of power. 52 1 CHAP. XVIIL OF THE CONDUCT OF WAR. Offentive operations. — Fortifications. — General adlion. — Stratagem. — Military contributions. — Capture of mercantile vejfels. — Naval war. — Humanity. — Military obedience. — Foreign pofifefijions. 526 CHAP. XIX. OF MILITARY ESTABLISHMENTS AND TREATIES. A country may look for its defence either to a funding army or an univerfal militia. — The former condemned. — The latter objected to as of immoral tendency — as unneceffiary — either in refpecl to courage — or difcipline. — Of a commander. — Of treaties. 534 CHAP. CONTENTS, G H A P. XX. OF DEMOCRACY AS CONNECTED WITH THE TRANSACTIONS OF WAR. External affairs are of fubordinate confideration. — Application. — Farther objections to democracy — i. it is incompatible with fecrecy '—'this proved to be an excellence — 2. its movements are too flow— : - 3. too precipitate. — Evils of anarchy confidered. Page 542 CHAP. XXL OFTHE COMPOSITION OF GOVERNMENT. Houfes of affembly. — This infiitution unjujl. — Deliberate proceeding the proper antidote. — Separation of legiflative and executive power confidered. — Superior importance of the latter. — Funclions of minifiers. 550 CHAP. XXII. OF THE FUTURE HISTORY OF POLITICAL SOCIETIES. Quantity of adminifiration necejary to be maintained. — Objects of ad- minifiration : national glory — rival/hip of nations. — Inferences : 1. complication of government unnecejjary — 2. cxtcnfive territory fuperfiuous — 3. conjlraint, its limitations. — Projecl of government: police — defence. 558 c CHAP. CONTENTS* C H A P. XXIII. OF NATIONAL ASSEMBLIES. They produce a ficlitlous unanimity — an unnatural uniformity of opinion. — Caufes of this uniformity. — Conferences of the mode of declfion by vote—~i. perverfion of reafon—z. contentious difputes -*— 3. the triumph of ignorance and vice. — Society incapable of aclingfrom Itfelf — of being tvell conduced by others.- — Conclufion. —Modification of democracy that refults from thefe confiderations* Page 56S CHAP. xxrv. OF THE DISSOLUTION OF GOVERNMENT. Political authority of at national qjjembly — of jurles.-^-Confequencs from the whole* 576^ BOOK CONTENTS. BOOK VI. OF OPINION CONSIDERED AS A SUBJECT OF POLITICAL INSTITUTION, CHAP. I. '. - GENERAL EFFECTS OF THE POLITICAL SUPERINTENDENCE OF OPINION. Arguments in favour of this fuperinfendence. — Anfwer. — The exer- tions of fociety in its corporate capacity are, I. unwife — 2. inca- pable of proper effect. — Of fumptuary laws, agrarian laws and rewards .—Political degeneracy not incurable. — 3. fuperfluous — in commerce— in fpeculative enquiry — in morality. — 4. pernicious — as undermining intellectual capacity — as fufpending intellectual improvement — contrary to the nature of morality — to the nature &f mind. — Conclufon. Page 5 8 r CHAP. II. OF RELIGIOUS ESTABLISHMENTS. Their general tendency. — Effedls on the clergy : they introduce, 1. implicit faith — 2. hypacrify : topics by which an adherence to them is vindicated. — Efecls on the laity. — Application. 603 C2 CHAP. C ON TE.NTl CHAP. III. OF THE SUPPRESSION OF ERRONEOUS OPINION IN RELIGION AND GOVERNMENT. Of herefy. — Arguments by which the fupprejjion of herefy is recom- mended. — Anfwer. — Ignorance -not.neceffary to make men vir- tuous. — Difference of opinion not fubverfve of public fecurity. — ■ Reafon, and not force, the proper corrective of fophiftry. — Ab- furdity of the attempt to rcfira'm thought — to refrain the freedom of fpeech. — Confequences that would refult. — Fallibility of the men by whom authority is exercifed. — Of erroneous opinions in government. — Iniquity of the attempt to refrain them. — Tendency _ of unlimited political difcufjion.. Page 610 CHAP. IV. OF TESTS. Their fuppofed advantage's are attended with injuftice — are nuga- tory. — Illujiration. — Their difadvantages — they enfnare — • ex- ample— fecond example — they are an ufurpation. — Influence of tefis on the latitudinarian — on the puri/l. — Conclufion. 622 CHAP. V. O F O A T H S. Oaths of office and duty. — Their abfurdiiy. — Their immoral confe- quences. — Oaths of evidence lefs atrocious. — Opinion of the liberal and CONTENTS. and refolved ref peeling them. — Their ejential features : contempt of veracity— falfe morality. — Their particular Jlruclure. — Abfracl principles ajfumed by them to be true. — Their inconfi/lency with thefe principles. P a g e 631 CHAP. VI. » OF LIBELS. Public libels. — Injujlice of an attempt to prefcribe the method in which public queftionsjball be difcujfed. — Its pufllanimity. — Invi- tations to tumult. — Private libels. — Reafons in favour of their being fubjetied to rejlraint. — Anfwer. — 1. 7/ is necejfary the truth Jbould be told. — Salutary effects of the unreflrained invefligation of character. — Objeclion : freedom of fpeech would be productive of calumny, not of jujlice. — Anfwer. — Future hi/lory of libel. — 2. It is necejfary men fhould be taught to be Jt/icere. — Extent of the evil which arifesfom a command to be infincere. — The mind fpontaneoujly Jhrinksjrom the pr of ecu t ion of a Ubet. — Conclufion. 6 37 CHAP. VII. OF CONSTITUTIONS. Diflinclion of regulations conftituent and legijlaiive. — Suppofed cha- racter of permanence that ought to be given to the former — incon- fjlent with the nature of man. — Source of the error. — Remark, — Abfurdity of the fyjlem of permanence. — Its futility. — Mode to be furfucd CONTENTS. purfued hi framing a conjlitution. — Conflituent laws not more im- portant than others. — In what manner the confent of the difiriSls is to be declared. — 'Tendency of the principle which requires this confent. — // would reduce the number of conflk utional articles — parcel out the legijlakve power — and produce the gradual ex- tinction of law. — ObjecJion. — Anfwer. Page 652 CHAP. VIII. . OF NATIONAL EDUCATION. Arguments in its favour. — Anfwer. — 1. It produces permanence of opinion. — Nature of prejudice and judgment defcribed. — 2. It re- quires uniformity of operation.' — 3. It is the mirror and tool of national government. — The right of punijhing not founded in the previous funSlion of inflrubling. 66 c CHAP. IX. OF PENSIONS AND SALARIES. Reafons by which they are vindicated. — Labour in its ufual accepta- tion and labour for the public compared. — Immoral e feels of the infitution of falaries. — Source from which they are derived.- — Unnecejary for thefubfiflence of the public funtlionary— for dignity. Salaries of inferior officers — may alfo be fuperfeded. — Taxation Qualifications. 6 » , CHAP. CONTENTS. CHAP. X. OF THE MODES OF DECIDING A QUESTION ON THE PART OF THE COMMUNITY. Dedjion by lot, its origin— founded in the fyjlem of difcrctionary rights— implies the defertion of duty. — Dccijion by ballot — incul- cates timidity— and hypocrify. — Decifion by vote, its recommenda- tions. Page 68 j BOOK VIL OF CRIMES AND PUNISHMENTS. CHAP. % LIMITATIONS OF THE DOCTRINE OF PUNISHMENT WHICH RESULT FROM THE PRINCIPLES OF MORALITY. » Definition ofpunijhment. — Nature of crime. — Retributive jujlice not independent and abfolute — not to be vindicated from the fyjlem of nature — Deferta chimerical property. — Conclufon. 687 6 CHAP. C O NTENTS. CHAP. II. GENERAL DISADVANTAGES OF COERCION. Confcience in matters of religion cotijidered — in the conducl of life.— ■ Bejl practicable criterion of duty — not the decifon of other men — ■ but of our own undemanding. — Tendency of coercion. — Its various ctajfcs confdered. Page 696 CHAP. III. OF THE PURPOSES OF COERCION. Nature of defence confdered. — Coercion for rejlraint—for reforma- tion. — Suppofed ufes of adverfty — defective — unneceffary. — Coercion for example — 1. nugatory. — 'The necejjity of political coercion arifes from the defebts of political infitution. — 2. unjujl. —Unfeeling char abler of this f pedes of coercion. 705 CHAP. IV. OF THE APPLICATION OF COERCION. Delinquency and coercion incommenfurable. — External adtion no proper fubjebl of criminal animadverfon. — How far capable of proof — ■ Iniquity of this Jfandard in a moral — and in a political view. — Propriety of a retribution to be meafured by the intention of the ofender confdered. — Such a projecl would overturn criminal law • — would abolijl) coercion. — Infcrutabiliiy, 1. of motives. — Doubt- fulnefs of hifory.: — Declarations of fujferers. — 2. of the future condufl CONTENTS. conducl of the offender — uncertainty of evidence — either of the facls — or the intention. — Difadvantages of the defendant in a cri- minal fuit. Page 715 CHAP. V. OF COERCION CONSIDERED AS A TEMPORARY EXPEDIENT. Arguments in its favour. — Anfwer. — 7/ cannot Jit men for a better order offociety. — The true remedy to private injujlice defcribed — is adapted to immediate practice. — Duty of the community in this refpecl. — Duty of individuals. — Illuftrationfrom the cafe of war — of individual defence. — Application. — Difadvantages of anar- chy — want of fecurity — of progrejive enquiry. — Correfpondetit difadvantages of defpotifm. — Anarchy awakens, defpotifm de~ preffes the mind. — Final refult of anarchy — how determined. — Suppofed purpofes of coercion in a temporary view — reformation '—example — reflraint ,—Conclufon, 727 CHAP. VI. SCALE OF COERCION. Jts fphere defcribed. — Its feveral clajfes. — Death with torture. — Death abfolutely. — Origin of this policy — in the corruptnefs . of political inflitutions — in the inhumanity of the injlitutors. — C poral punijhment . — Its abfurdity. — Its atrocioufnefs. — Privai . freedom.—~Duty of reforming our neighbour an inferior cotijiue d tion CONTENTS. tion in this cafe, — Its place defined. — Modes of reflraint. — In- difcriminate imprifonment. — Solitary imprifonment. — Its feverity. "—Its moral effeSls. — Slavery. — Banifment. — i. Simple bani/h- ment. — 2. Tranfportation. — 3. Colonifation. — 'This projecl has mifcarried from unkindnefs — from ojficioufnefs.—Its permanent evils.'— Recapitulation. Page 745 CHAP. VII. OF EVIDENCE. Difficulties to which this fubjetl is liable — exemplified in the dif- iinclion between overt aclions and intentions. — Reafons againjl this dijlin&ion.— Principle in which it is founded. 760 CHAP. VIII. OF LAW. Arguments by which it is recommended. — Anfwer. — Law is> 1, Endlefs — particularly in afreeflate. — Caufes of this difadvantage. *—%. Uncertain. — Inftanced in quefions of property. — Mode in which it mufi be Jiudied. — 3. Pretends to foretel future events. — Laws are a fpecies of promises — check the freedom of opinion — are deflruclive of the principles ofreafon. — Di/honefiy of lawyers* —An honefl lawyer mifchievous. — Abolition of law vindicated en thefcore of wifdom — of candour— from the nature of man.-*— Future hifiory of political jufiice. — Errors that might arifo in the commencement. — Its gradual progrefs. — Its efecls on criminal law. — on property* 764 CONTENTS. CHAP. IX. OF PARDONS. Their abfurdity. — Their origin. — Their abufes. — Their arbitrary character. — Dejlruclive of morality. Page 781 BOOK VIII. OT PROPERTT. CHAP. L GENUINE SYSTEM OF PROPERTT DELINEATED. Importance of this topic. — dbufes to which it has been expofed.-~ Criterion of property : jujlice. — Entitles each man to the fupply of his animal wants as far as the general flock will afford it—- to the means of well being. — Eftimate of luxury. — Its pernicious effeSts on the individual who partakes of it. — Idea of labour as the foundation of property confidered. — Its unreafonab/enefs. — - Syjlem of popular morality on this fubjeft.—Def efts of that fyjlem. 787 °f which pecuniary proflitution is the molt dtiious corrup- * * ' tion, to prefer, while they have contemplated this picture, an acknowledged defpotifm to a ftate of fpecious and imperfect liberty. But this picture is not accurate. As much of it as relates to a mixed government muft be acknowledged to be true. But the features of defpotifm are much too favourably touched. Whether privilege be conceded by the forms of the conftitution or no, a whole nation cannot be kept ignorant of its force. No people were ever yet fo funk in ftupidity as to imagine one man, becaufe he bore the appellation of a king, literally equal to a million. In a whole nation, as monarchical nations at leaft muft be expected to be conftituted, there will be nobility and yeomanry, rich and poor. There will be perfons who by their fituation, or their wealth, or their talents, form a middle rank between the monarch and the vulgar, and who by their con- federacies and their intrigues can hold the throne in awe. Thefe men muft be bought or defied. There is no difpofition that clings fo clofe to defpotifm as inceffant terror and alarm. What elfe gave birth to the armies of fpies and the numerous ftate prifons under the late government of France ? The eye of the tyrant is never clofed. How numerous are the precautions and jealoufies that thefe terrors dictate ? No man can go out or come into the country but he is watched. The prefs muft ifTue no productions that have not the imprimatur of government. All AND MINISTERS. 421 All coffee houfes and places of public refort are objects of BOOK v. x ■ J CHAP. V. attention. Twenty people cannot be collected together, unlefs ! v— * for the purpofes of fuperftition, but it is immediately fufpected that they may be conferring about their rights. Is it to be fuppofed, that, where the means of jealoufy are employed, the means of corruption will be forgotten ? "Were it fo indeed, the cafe would not be much improved. No picture can be more difguftful, no ftate of mankind more deprefiing, than that in which a whole nation is held in obedience by the mere opera- tion of fear, in which all that is moft eminent among them, and that fhould give example to the reft, is prevented under the fevereft penalties from expreffing its real fentiments, and by neceflary confequence from forming any fentiments that arc worthy to be expreffed. But in reality fear was never employed for thefe purpofes alone. No tyrant was ever fo unfocial as to have no confederates in his guilt. This monftrous edifice will always be found fupported by all the various inftruments for perverting the human character, feverity, menaces, blandifh- ments, profeffions and bribes. To this it is in a great degree owing that monarchy is fo very coftly an eftablifhment. It is the bufinefs of the defpot to diftribute his lottery of feduction into as many prizes as poflible. Among the confequences of a pecuniary polity thefe are to be reckoned the foremoft, that every man is fuppofed to have his price, and that, the corrup- tion being managed in an underhand manner, many a man, who 422 OF COURTS AND MINISTERS. •BOOK V. w h appears a patriot, may be really a hireling ; by which * " ' means virtue itfelf is brought into difcredit, is either regarded as mere folly and romance, or obferved with doubt and fufpicion, as the cloke of vices which are only the more humiliating the more they are concealed. CHAP. [ 4*3 3 CHAP. VI. OF SUBJECTS. MONARCHY FOUNDED IN IMPOSTURE. — KINGS NOT EN- TITLED TO SUPERIORITY — INADEQUATE TO THE FUNC- TIONS THEY POSSESS. MEANS BY WHICH THE IMPOS- TURE IS MAINTAINED — I. SPLENDOUR 2. EXAGGERA- TION. THIS IMPOSTURE GENERATES 1. INDIFFERENCE TO MERIT — 2. INDIFFERENCE TO TRUTH — 3. ARTIFICIAL DESIRES 4. PUSILLANIMITY. MORAL INCREDULITY OF MONARCHICAL COUNTRIES. INJUSTICE OF LUXURY OF THE INORDINATE ADMIRATION OF WEALTH. LET us proceed to confider the moral effects which the in- BOOK V. CHAP. VI. ftitution of monarchical government is calculated to pro- ' » * Monarchy duce upon the inhabitants of the countries in which it flourifhes. founded m impofturc. And here it mull be laid down as a firft principle that monarchy is founded in impofture. It is falfe that kings are entitled to Kfngs not entitled to the eminence they obtain. They poffefs no intrinfic fuperiority fuperiority : over their fubjects. The line of diftin&ion that is drawn is the offspring of pretence, an indirect means employed for effecting certain purpofes, and not the offspring of truth. It tramples upon the genuine nature of things, and depends for its fupport 6 upon 4 2 4 OF SUBJECTS. raAp'vi upon this argument, "that, were it not for impofitions of a v » ' fimilar nature, mankind would be miferable." inadequate Secondly, it is falfe that kings can difcharge the functions of tions they royalty. They pretend to fuperintend the affairs of millions, and they are neceflarily unacquainted with thefe affairs. The fenfes of kings are conflruded like thofe of other men, they can neither fee nor hear what is tranfacted in their abfence. They pretend to adminifter the affairs of millions, and they poffefs no fuch fupernatural powers as mould enahle them to act at a diftance. They are nothing of what they would perfuade us to believe them. The king is often ignorant of that of which half the inhabitants of his dominions are informed. His prerogatives are adminiflered by others, and the loweft clerk in office is frequently to this and that individual more effectually the fovereign than the king himfelf. He knows nothing of what i>s folemnly tranfacted in his name. Means by To conduct this impofture with fuccefs it is neceflary to bring which the < m impofture is over to its party our eyes and our ears. Accordingly kings are fupported : _ j.fplendour: always exhibited with all the fplendour of ornament, attendance and equipage. They live amidft a fumptuoufnefs of expence ; and this not merely to gratify their appetites, but as a neceffary inftrument of policy. The mofl fatal opinion that could lay hold upon the minds of their fubjects is that kings are but men. .Accordingly they are carefully withdrawn from the profanenefs of OF SUBJECTS. 42j of vulgar infpection ; and, when they are exhibited, it is with R OOK v. 6 r . J CHAP. VI. every artifice that may dazzle our fenfe and miflead our judg- ' * ' ment. The impofture does not flop with our eyes, but addrefTes 2 : exa gg era - itfelf to our ears. Hence the inflated ftyle of regal formality. The name of the king every where obtrudes itfelf upon us. It would feem as if every thing in the country, the lands, the houfes, the furniture and the inhabitants were his property. Our eftates are the king's dominions. Our bodies and minds are his fubjects. Our reprefentatives are his parliament. Our courts of law are his deputies. All magiftrates throughout the realm are the king's officers. His name occupies the foremofl place in all flatutes and decrees. He is the profecutor of every criminal. He is " Our Sovereign Lord the King." Were it poffible that he mould die, " the fountain of our blood, the means by which we live," would be gone : every political function would be fufpended. It is therefore one of the funda- mental principles of monarchical government that " the king i cannot die." Our moral principles accommodate themfelves to our veracity : and accordingly the fum of our political duties (the moft important of all duties) is loyalty; to be true and faithful to the king ; to honour a man, whom it may be we ought to defpife ; and to obey; that is, to acknowledge no- immutable criterion of juftice and injuftice. 3 I What 426 OF SUBJECTS. BOOK V. What mull be the effe&s of this machine upon the moral CHAP. VI. r ' v ' principles of mankind ? Undoubtedly we cannot trifle with the This impof- r r J turegene- principles of morality and truth with impunity. However rates, I. in- * * * * difference to gravely the impofture may be carried on, it is impofiible but that the real ftate of the cafe Ihould be ftrongly fufpe&ed. Man in a ftate of fociety, if undebauched by falfhoods like thefe, which confound the nature of right and wrong, is not ignorant of what it is in which merit confifts. He knows that one man is not fuperior to another except fo far as he is wifer or better. Accordingly thefe are the diftinclions to which he afpires for himfelf. Thefe are the qualities he honours and applauds in another, and which therefore the feelings of each man inftigate his neighbour to acquire. But what a revolution is introduced among thefe original and undebauched fentiments by the arbi- trary diftindtions which monarchy engenders ? We ftill retain in our minds the ftandard of merit, but it daily grows more feeble and powerlefs, we are perfuaded to think that it is of no real life in the tranfactions of the world, and prefently lay it afide as Utopian and vifionary. 2. Jndiffe- Confequences equally injurious are produced by the hyper- truth : bolical pretenfions of monarchy. There is a fimplicity in truth that refufes alliance with this impudent myfticifm. No man is entirely ignorant of the nature of man. He will not indeed be incredulous to a degree of energy and rectitude that may exceed the ftandard of his preconceived ideas. But for one man to 5 pretend •OF SUBJECTS. 427 pretend to think and adl for a nation of his fellows is fo prepof- BOOK v. r r r CHAP. VI. terous as to fet credibility at defiance. Is he perfuaded that the ' « ' impofition is falutary ? He willingly affumes the right of intro- ducing fimilar falfhoods into his private affairs. He becomes convinced that veneration for truth is to be claffed among our errors and prejudices, and that, fo far from being, as it pretends to be, in all cafes falutary, it would lead, if ingenuoufly pra&ifed, to the deftru&ion of mankind. Again, if kings were exhibited fimply as they are in them- 3- artificial defire : felves to the infpection of mankind, the falutary prejudice, as it has been called, which teaches us to venerate them, would fpeedily be extinct : it has therefore been found neceffary to furrpund them with luxury and expence. Thus are luxury and expence made the ftandard of honour, and of confequence the topics of anxiety and envy. However fatal this fentiment may be to the morality and happinefs of mankind, it is one of thofe illufions which monarchical government is eager to cherifh. In reality, the firft principle of virtuous feeling, as has been elfe- where faid, is the love of independence. He that would be juft muft before all things eftimate the objects about him at their true value. But the principle in regal ftates has been to think your father the wifeft of men becaufe he is your father *, and your * " The perfons whom you ought to love infinitely more than me, are thofe to whom you are indebted for your exiftence." " Their conduft ought to regu- 3 I 2 late 4 2S OF SUBJECTS, BOOK v. your kine the foremoft of his fpecies becaufe he is a kino;. The CHAP. VI. ' b t b ftandard of intellectual merit is no longer the man but his title. To be drawn in a coach of ftate by eight milk-white horfes is the higheft of all human claims to our veneration. The fame principle inevitably runs through every order of the ftate, and men defire wealth under a monarchical government, for the fame reafon that under other circumftances they would have defired virtue. Let us fuppofe an individual who by fevere labour earns a fcanty fubfiftence, to become by accident or curiofity a fpectator of the pomp of a royal progrefs. Is it poflible that he mould not mentally apoftrophife this elevated mortal, and afk, " What has made thee to differ from me ?" If no fuch fentiment pafs through his mind, it is a proof that the corrupt inftitutions of fociety have already diverted him of all fenfe of juftice. The more fimple and direct is his character, the more certainly will thefe fentiments occur. What anfwer fhall we return to his enquiry ? That the well being of fociety requires men to be treated otherwife than according to their intrinfic merit ? Whe- late yours and be the ftandard of your fentiments." " The refpect we owe to our father and mother is a fort of -worjhip, as the phrafe filial piety implies." «' Ce que -vous devez aimer avant met fans aucutie comparaifon, ce font ceux a qui vous dtvez la vie." " Leur conduit e doit regler la votre et fixer votre opinion." " Le fefpccl que nous devons a notre pere et a notre mere ejl un cuke, com me I'exprime le mot piete filiale." Lemons d'utie Gouvernante, Tome I. 4 • ther OF SUBJECTS. 429 ther he be fatisfied with this anfwer or no, will he not afpire to BOOK v. r CHAP. VI. poffefs that (which in this inftance is wealth) to which the ' « ' policy of mankind has annexed fuch high diftinction ? Is it not indifpenfible, that, before he believes in the rectitude of this inftitution, his original feelings of right and wrong mould be wholly reverfed ? If it be indifpenfible, then let the advocate of the monarchical fyftem ingenuoufly declare, tbat, according to that fyftem, the intereft of fociety in the firft inftance requires the total fubverfion of all principles of moral truth and juftice. "With this view let us again recollect the maxim adopted in monarchical countries, " that the king never dies." Thus with true oriental extravagance we falute this imbecil mortal, " O king, live for ever !" Why do we this ? Becaufe upon his exiftence the exiftence of the ftate depends. In his name the courts of law are opened. If his political capacity be fufpended for a moment the centre to which all public bufinefs is linked, is deftroyed. In fuch countries £very thing is uniform : the ceremony is all, and the fubftance nothing. In the riots in the year 1780 the mace of the houfe of lords was propofed to be fent into the paffages by the terror of its appearance to quiet the confufion ; but it was obferved that, if the mace mould be rudely detained by the rioters, the whole would be thrown into anarchy. Bufinefs would be at a ftand, their infignia, and with their infignia their legiflative and deliberative functions be gone. Who can expect firmnefs and energy in a country, where every thing is made to depend 430 OF SUBJECTS. ch^ap vi depend not u P on juftice, public intereft and reafon, but upon a v * ' piece of gilded wood ? What confcious dignity and virtue can there be among a people, who, if deprived of the imaginary guidance of one vulgar mortal, are taught to believe that their faculties are benumbed, and all their joints unftrung ? 4. pufiiiani- Laftly, one of the moft eflfential ingredients in a virtuous mity. character is undaunted firmnefs ; and nothing can more power- fully tend to deftroy this principle than the fpirit of a monarchi- cal government. The firft leflbn of virtue is, Fear no man ; the firft lefTon of fuch a conftitution is, Fear the king. The firft leflbn of virtue is, Obey no man*; the firft leflbn of monarchy is, Obey the king. The true intereft of mind demands the annihilation of all factitious and imaginary diftinctions ; it is infeparable from monarchy to fupport and render them more palpable than ever. He that cannot fpeak to the proudeft defpot with a confcioufnefs that he is a man fpeaking to a man, and a determination to yield him no fuperiority to which his inherent qualifications do not entitle him, is wholly incapable of fublime virtue. How many fuch men are bred within the pale of monar- chy? How long would monarchy maintain its ground in a nation of fuch men ? Surely it would be the wifdom of fociety, inftead of conjuring up a thoufand phantoms to induce us into error, inftead of furrounding us with a thoufand fears to deprive * Book III, Chap. VI. 113 OF SUBJECTS. 43I us of true energy, to remove every obftacle and fmooth the path BOOK v. OJ J r CHAP. VI. of improvement. ' . ' Virtue was never yet held in much honour and efteem in a Moral incre- dulity of mo- monarchical country. It is the inclination and the intereft of narehicai countries. courtiers and kings to bring it into difrepute ; and they are but too fuccefsful in the attempt. Virtue is in their conception arrogant, intrufive, unmanageable and ftubborn. It is an af- fumed outfide, by which thofe who pretend to it intend to gratify their rude tempers or their fecret views. Within the circle of monarchy virtue is always regarded with difhonourable incredulity. The philofophical fyftem which affirms felf love to be the firft mover of all our actions and the falfity of human virtues, is the growth of thefe countries *. Why is it that the language of integrity and public fpirit is conMntly regarded among us as hypocrify ? It was not always thus. It was not till the ufurpation of Caefar, that books were written by the tyrant and his partifans to prove that Cato was no better than a fnarling pretender f. There is a farther complaint. The object in this place is to confider how far they are extended and aggravated by a monarchical government, that is, by a conftitution the very efTenee of which is to accumu- late enormous wealth upon a fingle head, and to render the orientation of fplendour the chofen inftrument for fecuring honour and veneration. The object is to confider in what degree the luxury of courts, the effeminate foftnefs of favourites $ the fyftem, never to be feparated from the monarchical form, of putting men's approbation and good word at a price, of individuals buying the favour of government, and government buying the favour of individuals, is injurious to the moral improvement of mankind. As long as the unvarying practice of courts is cabal, and as long as the unvarying tendency of cabal is to bear down talents, and difcourage virtue, to recommend cunning in the room of fincerity, a fervile and fupple difpohtion in pre- ference to firmnefs and inflexibility, a convenient morality as better than a ftrict one, and the ftudy of the red book of promo-r tion rather than the ftudy of general welfare, fo long will monarchy be the bitterefi and moll potent of all the adverfaries of the true, interefts of mankind. CHAP. t 435 3 C H A P. vn. OF ELECTIVE MONARCHY. DISORDERS ATTENDANT ON SUCH AN ELECTION. — ELEC- TION IS INTENDED EITHER TO PROVIDE A MAN OF GREAT OR OF MODERATE TALENTS. — CONSEQUENCES OF THE FIRST — OF THE SECOND. CAN ELECTIVE AND HEREDITARY MONARCHY BE COMBINED? H AVING confidered the nature of monarchy in general, it BOOK V. J _ b m CHAP. VII. is incumbent on us to examine how far its mifchiefs may ' ' Di (orders at- be qualified by rendering the monarchy elective. tendant on * J b ' fuch an elec- tion. One of the moft obvious objections to this remedy is the difficulty that attends upon the conduct of fuch an election. There are machines that are too mighty for the human hand to conduct ; there are proceedings that are too gigantic and unwieldy for human inftitutions to regulate. The diftance between the mafs of mankind and a fovereign is fo immenfe, the truft to be confided fo ineftimably great, the temptations of the object to be decided on fo alluring, as to fet every paflion that can vex the mind in tumultous conflict. Election will therefore either dwindle into an empty form, a conge a Hire with the fuccefsful candidate's name at full length in the conclufion, ^ K 2 an 436 OF ELECTIVE MONARCHY. BOOK v. an election perpetually continued in the fame family, perhaps in CHAP. VII. f f . !■> r r v * ' the fame lineal order of defcent ; or will become the fignal of a thoufand calamities, foreign cabal and domeftic war. Thefe evils have been fo generally underftood, that elective monarchy in the ftrict fenfe of that appellation has very few advocates. Rouffeau, who in his advice to the Polifh nation appears to be one of thofe few, that is, one of thofe who without loving monarchy conceive an elective fovereignty greatly pre- ferable to an hereditary one, endeavours to provide againft the diforders of an election by introducing into it a fpecies of forti- tion*. In another part of the prefent enquiry it will be our bufinefs to examine how far chance and the decifion by lot are compatible with the principles either of found morality or fober reafon. For the prefent it will be fufficient to fay, that the pro- ject of Rouffeau will probably fall under one part of the follow- ing dilemma, and of confequence will be refuted by the fame arguments that bear upon the mode of election in its moft obvious idea* The defign The defign with which election can be introduced into the of election is < m either to pro- conftitution of a monarchy muft either be that of raifmg to the vide an of- ficer of great kingly office a man of fuperlative talents and uncommon genius, or of mode- rate talents, or of providing a moderate portion of wifdom and good inten- tion for the difcharge of thefe functions, and preventing them * Confiderations fur U Gouvernement de Pologne, Chap. VIII. 8 from OF ELECTIVE MONARCHY. 437 from falling to the lot of perfons of notorious imbecility. To BOOK v. b r } CHAP.VII. the firft of thefe defigns it will be objected by many, " that ^""p ' genius is frequently nothing more in the hands of its pofTelTor q^Rcesof than an inftrument for accomplishing the moft pernicious inten- tions." And, though in this affertion there is much partial and miftaken exaggeration, it cannot however be denied that genius, fuch as we find it amidft the prefent imperfections of mankind, is compatible with very ferious and effential errors. If then genius can by temptations of various forts be led into practical miftake, may we not reafonably entertain a fear refpecting the effect of that fituation which of all others is moft pregnant with temptation ? If confiderations of inferior note be apt to mis- lead the mind, what fhall we think of this moft intoxicating draught, of a condition fuperior to reftraint, ftripped of all thofe accidents and viciflitudes from which the morality of human beings has flowed, with no falutary check, with no intellectual warfare where mind meets mind on equal terms, but perpetually furrounded with fycophants, fervants and dependents ? To fuppofe a mind in which genius and virtue arc united and per- manent, is alfo undoubtedly to fuppofe fomething which no cal- culation will teach us to expect fhould offer upon every vacancy. And, if the man could be found, we muft imagine to ourfelves electors almoft as virtuous as the elected, or elfe error and pre- judice, faction and intrigue will render his election at leaft pre- carious, perhaps improbable. Add to this that it is fufficiently evident from the unalterable evils of monarchy already enume- rated „ 438 OF ELECTIVE MONARCHY. BOOK V. rated, and which I fhall prefently have occafion to recapitulate, CHAP.VII. ' ... r 1 » ' that the firft act of fovereignty in a virtuous monarch, whofe difcernment was equal to his virtue, would be to annihilate the conftitution, which had raifed him to a throne. ofthefecond. But we will fuppofe the purpofe of inftituting an elective monarchy not to be that of conftantly filling the throne with a man of fublime genius, but merely to prevent the fovereignty from falling to the lot of perfons of notorious mental imbecility. Such is the flrange and pernicious nature of monarchy, that it may be doubted whether this be a benefit. Wherever monarchy exifts, courts and adminiftrations rauft, as long as men can fee only with their eyes and act only with their hands, be its conftant attendants. But thefe have already appeared to be inflitutions fo mifchievous, that perhaps one of the greateft injuries that can be done to mankind is to perfuade them of their innocence. Under the moft virtuous defpot favour and intrigue, the unjuft exaltation of one man and depreflion of another will not fail to exift. Under the moft virtuous defpot the true fpring there is in mind, the defire to pofiefs merit, and the confcioufnefs that merit will not fail to make itfelf perceived by thofe around it, and through their efteem to rife to its proper fphere, will be cut off; and mean and factitious motives be fubftituted in its rooifi. Of what confequence is it that my merit is perceived by mortals who have no power to advance it ? The monarch, fhut up in his fanctuary and furrounded with formalities, will never hear of it. OF ELECTIVE MONARCHY. 459 it. How fhould he ? Can he know what is paffing in the Jj?P™ ™j remote corners of his kingdom ? Can he trace the firft timid ' ' bloffoms of genius and virtue ? The people themfelves will lofe their difcernment of thefe things, becaufe they will perceive their difcernment to be powerlefs in effects. The offspring of mind is daily facrificed by hecatombs to the genius of monarchy. The feeds of reafon and truth become barren and unproductive in this unwholefome climate. And the example perpetually exhibited of the preference of wealth and craft over integrity and talents, produces the moil powerful effects upon that mafs of mankind, who at firfi; fight may appear Ieaft concerned in the objects of generous ambition. This mifchief, to whatever it amounts, becomes more ftrongly fattened upon us under a good monarch than under a bad one. In the latter cafe it only reftrains our efforts by violence, in the former it feduces our understandings. To palliate the defects and fkin over the deformity of what is fundamentally wrong, is certainly very perilous, perhaps very fatal to the bed interefts of mankind. A queftion has been ftarted, whether it be pcflible to blend Candiaive 1 r n anc j heredi- elective and hereditary monarchy, and the conftitution of *■**? monar - ' J 7 chy be corn- England has been cited as an example of this poffibility. What bined • was it that the parliament effected at the revolution, and when they fettled the fucceflion upon the houfe of Hanover ? They elected not an individual, but a new race of men to fill the throne of thefe kingdoms. They gave a practical inftance of their. 44 o OF ELECTIVE MONARCHY. BOOK V. their power upon extraordinary emergencies to change the fucceffion. At the fame time however that they effected this in- action, they denied it in words. They employed the ftrongeft expreffions that language could furnifh to bind themfelves, their heirs and pofierity for ever to adhere to this fettlement. They confidered the prefent as an emergence, which, taking into the account the precautions and reftrittions they had provided, could never occur again. In reality what fort of fovereignty is that which is partly hereditaiy and partly elective ? That the acceffion of a family or race of men mould originally be a matter of election has nothing particular in it. All government is founded in opinion ; and undoubtedly fome fort of election, made by a body of electors more or lefs extenfive, originated every new eftablifhment. To whom in this amphibious government does the fovereignty belong upon the death of the firft pofleflbr ? To his heirs and defcendants. What fort of choice fhall that be confidered, which is made of a man half a centuiy before he begins to exift ? By what defignation does he fucceed ? Undoubtedly by that of hereditary defcent. A king of England therefore holds his crown independently, or, as it has been energetically exprefTed, " in con- tempt" of the choice of the people *. * This argument is ftated with great copioufnefs and irrefiftible force of reafoning by Mr. Burke towards the beginning of his Reflections on the Revo- lution in France. CHAP. r 4+1 i CHAP. VIII. OF LIMITED MONARCHY. LIABLE TO MOST OF THE PRECEDING OBJECTIONS — TO FARTHER OBJECTIONS PECULIAR TO ITSELF. — RESPON- SIBILITY CONSIDERED. — MAXIM, THAT THE KING CAN DO NO WRONG. — FUNCTIONS OF A LIMITED MONARCH. — IMPOSSIBILITY OF MAINTAINING THE NEUTRALITY RE- QUIRED. — OF THE DISMISSION OF MINISTERS. — RESPON- SIBILITY OF MINISTERS. — APPOINTMENT OF MINISTERS, ITS IMPORTANCE — ITS DIFFICULTIES. RECAPITULA- TION. — STRENGTH AND WEAKNESS OF THE HUMAN SPECIES. I PROCEED to confider monarchy, not as it exifts in BOOK V. '■ CHAP. VIII. countries where it is unlimited and defpotic, but, as in cer- * « ' tain inftances it has appeared, a branch merely of the general conftitution. Here it is only neceflary to recollect the objections which Liable to molt of the applied to it in its unqualified ftate, in order to perceive that they preceding objections: bear upon it with the fame explicitnefs, if not with equal force, under every pofllble modification. Still the government is 3 L founded 442 OF LIMITED MONARCHY. BOOK v. founded in faluhood, affirming that a certain individual is emi- CHAP.VIIf. ' ° v « ' nently qualified for an important fituation, whofe qualifications are perhaps fcarcely fuperior to thofe of the meaner! member of the community. Still the government is founded in injuftice, becaufe it raifes one man for a permanent duration over the heads of the reft of the community, not for any moral recommenda=- tion he poflefles, but arbitrarily and by accident. Still it reads a conftant and powerful leHbn of immorality to the people at large, exhibiting pomp and fplendour and magnificence inftead of virtue, as the index to general veneration and efteem. The individual is, not lefs than in the moft abfolute monarchy, unfitted by his education to become either refpectable or ufeful. He is unjuftly and cruelly placed in a fituation that engenders ignorance, weaknefs and prefumption, after having been ftripped in his infancy of all the energies that fhould defend him againft the inroads of thefe adverfaries. Finally, his exiftence implies that of a train of courtiers and a feries of intrigue, of fervility, fecret influence, capricious partialities and pecuniary corruption. So true is the obfervation of Montefquieu, that " we mull not expect under a monarchy to find the people virtuous*." to farther B u t [f we confider the queftion more narrowly, we fhatl objections peculiar to perhaps find, that limited monarchy has other abfurdities and itfelf. r r » „ j vices which are peculiarly its own. In an abfolute fovereignty * " // n'ejl pas rare qitil y ait des princes vertueux ; mats il eji tret difficile dans une monarchic que le peuple lefoii." Efprit des Loix y Liv. Ill, Chap, F. the OF LIMITED MONARCHY. 443 the kino: may if he pleafe be his own minifter: but in a li- BOOK v. ° J r ' chap, vii r. mited one a miniftry and a cabinet are eflential parts of the ' * ' constitution. In an abfolute Sovereignty princes are acknow- ledged to be refponfible only to God ; but in a limited one there is a refponfibility of a very different nature. In a limited monarchy there are checks, one branch of the government counteracting the exceffes of another, and a check without refponfibility is the moll flagrant of all contradictions. There is no fubject that deferves to be more maturely con- R e r P onfi- fidered than this of refponfibility. To be refponfible is to be fidered. liable to be called into an open judicature, where the accufer and the defendant produce their allegations and evidence on equal terms. Every thing fhort of this is mockery. Every thing that would give to either party any other influence than that of truth and virtue is fubverfive of the great ends of juftice. He that is arraigned of any crime mufl defcend a private individual to the level plain of juftice. If he can bias the fentiments of his judges by his pofleflion of power, or by any compromife previous to his refignation, or by the mere fympathy excited in his fucceflbrs, who will not be fevere in their cenfures, left they fhould be treated with feverity in return, he cannot truly be faid to be refponfible at all. From the honeft infolence of defpotifm we may perhaps promife ourfelves better effects, than from the hypocritical dif- claimers of a limited government. Nothing can be more per- nicious than falfhood, and no falfhood can be more palpable 3 L 2 than 444 0F LIMITED MONARCHY. BOOK V. than that which pretends to put a weapon into the hands of the * * ' general intereft, which conftantiy proves blunt and powerlefs in the very act to ftrike. Maxim, that It was a confufed feeling of thefe truths, that introduced into the king can do no wrong, limited monarchies the principle "that the king can do no wrong." Obferve the peculiar confiftency of this proceeding. Confider what a fpecimen it affords us of plain dealing, frank- nefs and unalterable fmcerity. An individual is firft appointed^ and endowed with the moft momentous prerogatives, and then it is pretended that, not he, but other men are anfwerable for the abufe of thefe prerogatives. This pretence may appear tolerable to men bred among the fictions of law, but juftice, truth and virtue revolt from it with indignation. Functions of Having firft invented this fiction, it becomes the bufinefs of a limited monarch. fuch conftitutions as nearly as poflible to realife it. A miniftry muft be regularly formed ; they muft concert together ; and the meafures they execute muft originate in their own difcretion. The king muft be reduced as nearly as poffible to a cypher. So far as he fails to be completely fo, the conftitution muft be imperfect. What fort of figure is it that this miferable wretch exhibits in the face of the world ? Every thing is with great parade tranf- a£ted in his name. He aftumes all the inflated and oriental ftyle which has been already defcribed, and which indeed was upon that OF LIMITED MONARCHY. 445 that occafion tranfcribed from the practice of a limited monarchy. BOOK v. We find him like Pharaoh's frogs " in our houfes and upon our ' » ' beds, in our ovens and our kneading troughs." Now obferve the man himfelf to whom all this importance is annexed. To be idle is the abftract of all his duties. He is paid an immenfe revenue only to dance and to eat, to wear a fcarlet robe and a crown. He may not choofe any one of his meafures. He muft liften with docility to the confultations of his miniflers, and fanction with a ready aflent whatever they determine. He muft not hear any other advifers, for they are his known and conftitutional counfellors. He muft not exprefs to any man his opinion, for that would be a finifter and un- conftitutional interference. To be abfolutely perfect he muft have no opinion, but be the vacant and colourlefs mirror by which theirs is reflected. He fpeaks, for they have taught him what he fhould fay ; he affixes his fignature, for they inform him that it is neceflary and proper. A limited monarchy in the articles I have defcribed might be ImpofiibiKty of maintain- executed with great facility and applaufe, if a king were what ing the neu- trality re- fuch a conftitution endeavours to render him, a mere puppet quired. regulated by pulltes and wires. But it is perhaps the moft egregious and palpable of all political miftakes to imagine that we can reduce a human being to this ftate of neutrality and torpor. He will not exert any ufeful and true activity, but he 6 will 446 OF LIMITED MONARCHY. BOOK V. w ill be far from paflive. The more he is excluded from that CHAP. VIII. r * * ' energy that chara&erifes wifdom and virtue, the more depraved and unreafonable will he be in his caprices. Is any promotion vacant, and do we expecT: that he will never think of beftowing it on a favourite, or of proving by an occafional election of his own that he really exifts ? This promotion may happen to be of the utmoft importance to the public welfare ; or, if not ; — every promotion unmeritedly given is pernicious to national virtue, and an upright minifter will refufe to aflent to it. A king does not fail to hear his power and prerogatives extolled, and he will no doubt at fome time wifh to effay their reality in an unprovoked war againft a foreign nation or againft his own citizens. To fuppofe that a king and his minifters fhould through a period of years agree in their genuine fentiments upon every public topic, is what human nature in no degree authorifes. This is to attribute to the king talents equal to thofe of the moft enlightened ftatefmen, or at leaft to imagine him capable of underftanding all their projects, and comprehending all their views. It is to fuppofe him unfpoiled by education, undebauched by rank, and with a mind ingenuoufly difpofed to receive the impartial leflbns of truth. Of thedif- « B u t if they difagree, the king can choofe other minifters." miffion of fters. \y e fhall prefently have occafion to confider this prerogative in a general view j let us for the prefent examine it in its applica- tion mini OF LIMITED MONARCHY. 447 tion to the differences that may occur between the fovereisn and BOOK v. ' D chap, vii r. his fervants. It is an engine for ever fufpended over the heads ' * ' of the latter to perfuade them to depart from the fternnefs of their integrity. The compliance that the king demands from them is perhaps at firft but fmall ; and the minifter, ftrongly preffed, thinks it better to facrifice his opinion in this inferior point than to facrifice his office. One compliance of this fort leads on to another, and he that began perhaps only with the preference of an unworthy candidate for diftinction ends with the moft atrocious political guilt. The more we confider this point, the greater will its magnitude appear. It will rarely happen but that the minifter will be more dependent for his exiftence on the king, than the king upon his minifter. When it is othenvife, there will be a mutual compromife, and both in turn will part with every thing that is firm, generous, independent and honourable in man. And in the mean time what becomes of refponfibility ? The Refponfibf- meafures are mixed and confounded as to their fource, beyond ftcrs. the power of human ingenuity to unravel. Refponfibility is in reality impoffible. "Far otherwife," cries the advocate of monarchical government : " it is true that the meafures are partly thofe of the king and partly thofe of the minifter, but the mini- fter is refponfible for all." Where is the juftice of that ? It were better to leave guilt wholly without cenfure, than to condemn a man for crimes of which, he is innocent. In this cafe the grand criminal efcapes with impunity, and the feverity of 448 OF LIMITED MONARCHY. £??r}^7rr °f tne law falls wholly upon his coadjutors. The coadjutors CHAP. VIII. J J v » ' receive that treatment which conftitutes the effence of all bad policy : punifhment is profufely menaced againft them, and antidote is wholly forgotten. They are propelled to vice by irrefiftible temptations, the love of power and the defire to retain it ; and then cenfured with a rigour altogether difproportioned to their fault. The vital principle of the fociety is tainted with injuftice, and the fame neglect of equity and partial refpect of perfons will extend itfelf over the whole. Appoint- I proceed to confider that prerogative in limited monarchy, ment of mi- , . nifters, its which, whatever others _may be given or denied, is mfeparable importance. ' . from its fubftance, the prerogative of the king to nominate to public offices. If any thing be of importance, furely this rauft be of importance, that fuch a nomination be made with wifdom and integrity, that the fitteft perfons be appointed to the highefl trufts the ftate has to confer, that an honeft and generous ambi- tion be cherifhed, and that men who mail moft ardently qualify themfelves for the care of the public welfare be fecure of having the largeft fhare in its fuperintendence. Its difficul- This nomination is a moft arduous talk, and requires the warieft circumfpection. It approaches more nearly than any other affair of political fociety to the exercife of difcretion. In all other cafes the line of rectitude feems viable and diftinct. Juftice in the contefts of individuals, juftice in queftions of peace and OF LIMITED MONARCHY. 449 and war, juftice in the ordination of law, will not cbftinately l^OOK v. ' J ' i chap. VIII. withdraw itfelf from the refearch of an impartial and judicious ' » ' enquirer. But to obferye the various portions of capacity fcattered through a nation, and minutely ; to decide among the qualifications of innumerable pretenders, muft after all our accuracy be committed to fame degree of uncertainty. The firft difficulty that occurs is to difcover thofe whom genius and ability have made in the beft fenfe candidates for the office. Ability is not always intrufive j talents are often to be found in the remotenefs of a village, or the obfcurity of a garret. And, though felf confcioufnefs and felf pofleffion are to a certain degree the attributes of genius, yet there are many things befide falfe modefty, that may teach its pofleffor to fhun the air of a court. Of all men a king is leaft qualified to penetrate thefe recefles, and difcover merit in its hiding place. Encumbered with forms, he cannot mix at large in the fociety of his fpecies. He is too much engroffed with the femblance of bufinefs or. a fucceffion of amufements to have leifure for fuch obfervations as mould afford a juft eftimate of men's characters. In reality the talk is too mighty for any individual, and the benefit can only be fecured by the mode of election. Other difadvantages attendant on this prerogative of choofing 3 M his tlOIU 450 OF LIMITED MONARCHY. BOOK V. hi s own miniflers it is needlefs to enumerate. If enough have CHAP.V1II. & * » ' not been already faid to explain the character of a monarch as growing out of the functions with which he is inverted, a laboured repetition in this place would be both tedious and vain. If there be any dependence to be placed upon the operation of moral caufes, a king will in almoft every inftance be found among the moil undifcriminating, the moft deceived, the leaft informed and the leaft heroically difinterefted of mankind.. Recapltula- Such then is the genuine and uncontrovertible fcene of a; mixed monarchy. An individual placed at the fummit of the. edifice, the centre and the fountain of honour,, and who is neutral, or mull feem neutral in the current tranfactions of his government. This is the firfl Teflon of honour, virtue and truth, which mixed monarchy reads to its fubjects, Next to the king come his adminiftration and the tribe of courtiers - y men driven by a fatal neceflity to be. corrupt, intriguing and venal; felected for their truft by the moft ignorant and ill informed of their countrymen - y made folely accountable for meafures of which they cannot folely be the authors j threat- ened, if difhoneft, with the vengeance of an injured people ;, and, if honeft, with the furer vengeance of their fovereign's- difpleafure. The reft of the nation, the fubje&s at large Was ever a name fo fraught with degradation and meannefs as- this of fubjects ? I am, it feems, by the very place of my birth become OF LIMITED MONARCHY. • 45 t become a fubject. Of what, or whom ? Can an honed man „ B0 ° K ..y.' L. I'i .A i . \ 111. confider himfelf as the fubject of any thing but the laws of juflice ? ' * ' Can he acknowledge a fuperior, or hold himfelf bound to fubmit his judgment to the will of another, not lefs liable than himfelf to prejudice and error ? Such is the idol that monarchy worfhips tn lieu of the divinity of truth and the facred obligation of public good, It is of little confequence whether we vovr fidelity to the king and the nation, or to the nation and the king, fo long as the king intrudes himfelf to tarnifh and undermine the true fimplicity, the altar of virtue. Are mere names beneath our notice, and will they produce no finifter influence upon the mind ? May we bend the knee before the flirine of vanity and folly without injury ? Far other- wife. Mind had its beginning in fenfation, and it depends upon words and fymbols for the progrefs of its aflbciations. The true good man muft not only have a heart refolved, but a front ere&. We cannot praclife abjection, hypocrify and meannefs, without becoming degraded in other men's eyes and in our own. We cannot " bow the head in the temple of Rimmon," without in fome degree apoftatiling from the divinity of truth. He that calls a king a man, will perpetually hear from his own mouth the leflbn, that he is unlit for the trull repofed in him : he that calls him by any fublimer appellation, is haftening fall into the moll palpable and dangerous errors. 3 M 2 But 45 2 GF LIMITED MONARCHY. CHAP^vm But P eraa P s " mankind are fo weak and imbecil, that it is in ^T"^"^ vain to expect from the change of their inftitutions the improve- weaknefsof ment f ^^ cnara ft er> " Who made them weak and imbecil ? the human fpecies. Previously to human inftitutions they had certainly none of this defect. Man confidered in himfelf is merely a being capable of impreffion, a recipient of perceptions. What is there in this ' abftradt character that precludes him from advancement ? We have a faint difcovery in individuals at prefent of what our nature is capable : why fhould individuals be fit for fo much, and the fpecies for nothing ? Is there any thing in the ftructure of the globe that forbids us to be virtuous ? If no, if nearly all our impreflions of right and wrong flow from our intercourfe with each other, why may not that intercourfe be fufceptible of modification and amendment ? It is the moll cowardly of all fyftems that would reprefent the difcovery of truth as ufelefs, and teach us that, when difcovered, it is our wifdom to leave the mafs of our fpecies in error* There is not in reality the fmalleffc room for fcepticifm refpedV ing the omnipotence of truth. Truth is the pebble in the lake j and however flowly in the prefent cafe the circles fucceed each other, they will infallibly go on till they overfpread the furface. No order of mankind will for ever remain ignorant of the principles of juftice, equality and public good. No fooner will they underftand them, than they will perceive the coincidence of virtue and public good with private intereft: nor will any erroneous OF LIMITED MONARCHY. 453 erroneous eftablifhment be able effectually to fupport itfelf BOOK v. ' rr chap, vi ir. againft general opinion. In this conteft fophiftry will vanifli, ' v ' and mifchievous inftitutions fink quietly into neglect. Truth will bring down all her forces, mankind will be her army, and oppreffion, injuftice, monarchy and vice will tumble into a common ruin. CHAP. [ 454 3 CHAP. IX. OF A PRESIDENT WITH REGAL POWERS. ENUMERATION OF POWERS — THAT OF APPOINTING TO INFERIOR OFFICES — OF PARDONING OFFENCES — OF CONVOKING DELIBERATIVE ASSEMBLIES — OF AFFIXING A VETO TO THEIR DECREES. — CONCLUSION. — THE TITLE OF KING ESTIMATED. — MONARCHICAL AND ARISTOc CRATICAL SYSTEMS, SIMILARITY OF THEIR EFFECTS. „£ v * OTILL monarchy it feems has one refuge left. "We will CHAP. IX. ^^ ' ° BOOKV. :hap. ix 1 * ' ^— " not," fay fome men, " have an hereditary monarchy, we acknowledge that to be an enormous injuftice. We are not contented with an elective monarchy, we are not contented with a limited one. We admit the office however reduced, if the tenure be for life, to be an intolerable grievance. But why not have kings, as we have magiftrates and legiflative afiemblies, renewable by frequent elections ? We may then change the holder of the office as often as we pleafe." « Enumera- Let us not be feduced by a mere plaufibility of phrafe, nor tion of powers: employ words without having reflected on their meaning. What OF A PRESIDENT WITH REGAL POWERS. 455 What are we to underftand by the appellation, a king ? If the BOOK v. office have any meaning, it feems reafonable that the man who v ' holds it, mould pofTefs the privilege, either of appointing to certain employments at his own difcretion, or of remitting the decrees of criminal juftice, or of convoking and difmiiling popular affemblies, or of affixing and refufing his fan&ion to the decrees of thofe affemblies. Moft of thefe privileges may claim a refpectable authority in the powers delegated to their prefident by the United States of America. Let us however bring thefe ideas to the touchftone of reafon. that of ap- pointing to Nothing can appear more adventurous than the repofing, unlefs inferior • /-• r - offices & in cafes of abfolute neceffity, the decifion of any afFair of import- ance to the public, in the breaft of one man. But this neceffity will fcarcely be alledged in any of the articles juft enumerated. What advantage does one man pofTefs over a fociety or council of men in any of thefe refpec~ts ? The difadvantages under which he labours are obvious. He is more eafily corrupted, and more eafily mifled. He cannot pofTefs fo many advantages for obtain- ing accurate information. He is abundantly more liable to the attacks of paffion and caprice, of unfounded antipathy to one man and partiality to another, of uncharitable cenfure or blind idolatry. He cannot be always upon his guard ; there will be moments in which the moft exemplary vigilance is liable to fiirprife.. Meanwhile we are placing the fubject in much too 6 favourable 45 6 OF A PRESIDENT BOOKV. favourable a light. We are fuppofing his intentions to be CHAP. IX. & . 1 « ' upright and juft ; but the contrary of this will be more frequently the truth. Where powers beyond the capacity of human nature are intrufted, vices the difgrace of human nature will be en- gendered. Add to this, that the fame reafons, which prove that government, wherever it exifts, mould be directed by the fenfe of the people at large, equally prove that, wherever public officers are neceflary, the fenfe of the whole, or of a body of men mofl nearly approaching in fpirit to the whole, ought to decide on their pretenfions. of pardoning Thefe objections are applicable to the moft innocent of the privileges above enumerated, that of appointing to the exercife of certain employments. The cafe will be Hill worfe if we con- fider the other privileges. We fhall have occafion hereafter to examine the propriety of pardoning offences,' confidered inde- pendently of the perfons in whom that power is veiled : but, in the mean time, can any thing be more intolerable than for a fmgle individual to be authorifed, without affigning a reafon, or affigning a reafon upon which no one is allowed to pronounce, to fuperfede the grave decifions of a court of juftice, founded of con- upon a careful and public examination of evidence ? Can any berativeaf- thing be more unjuft than for a fingle individual to afTume the function of informing a nation when they are to deliberate, and when they are to ceafe from deliberation ? i The WITH REGAL POWERS. 457 The remaining privilege is of too iniquitous a nature to be an J!?^ Xz object of much terror. It is not in the compafs of credibility to V"^ ' J *■ ' or arhxing a conceive, that any people would remain quiet fpectators, while ?* t0 theu " the fenfe of one man was openly and undifguifedly fet againft the fenfe of the national reprefentative in frequent affembly, and fuffered to overpower it. Two or three direct inftances of the exercife of this negative could not fail to annihilate it for ever. Accordingly, wherever it is fuppofed to exift, we find it foftened and nourifhed by the genial dew of pecuniary corruption ; either rendered unneceflary beforehand by a finifter application to the frailty of individual members, or difarmed and made palatable in the fequel by a copious efFufion of venal emollients. If it can in any cafe be endured, it mult be in countries where the degene- rate reprefentative no longer pofleiTes the fympathy of the public, and the haughty prefident is made facred, by the blood of an exalted anceftry which flows through his veins, or the holy oil which the reprefentatives of the Moft High have poured on his head. A common mortal, periodically felected by his fellow- citizens to watch over their interefts, can never be fuppofed to poffefs this ftupendous virtue. If there be any truth in thefe reafonings, it inevitably follows CanduGo* that there are no important functions of general fuperintendence that can juftly be delegated to a fingle individual. If the office of a prefident be neceffary, either in a deliberative aflembly or an adminiflrative council, fuppofing fuch a council to exift, his 3 N employment 45§ OF A PRESIDENT BOOK v. employment will have relation to the order of their proceedings, CHAP. IX. r J _ . and by no means confift in the arbitrary preferring and carrying into effect his private decifion. A king, if unvarying ufage can have given meaning to a word, defigns a man upon whofe fmgle difcretion fome part of the public intereft is made to depend. What ufe can there be for fuch a man in an unperverted and well ordered ftate ? With refpect to its internal affairs certainly none. How far the office can be of advantage in our tranfac- tions with foreign governments we fhall hereafter have occafion to decide. The title of the king . eftimated. Let us beware by an unjuflifiable perverfion of terms of con- founding the common underftanding of mankind. A king is the well known and Handing appellation for an office, which, if there be any truth in the arguments of the preceding chapters, has been the bane and the grave of human virtue. Why endeavour to purify and exorcife what is entitled only to execra- tion ? Why not fuffer the term to be as well underftood and as cordially detefted, as the once honourable appellation of tyrant afterwards was among the Greeks ? Why not fuffer it to reft a perpetual monument of the folly, the cowardice and mifery of our fpecies I Monarchical IN proceeding from the examination of monarchical to that «ratica'i of ariftocratical government, it is impoffible not to remark that there WITH REGAL POWERS. 45g there are feveral difadvantages common to both. One of thefe BOOK v. ° CHAP. IX. is the creation of a feparate intereft. The benefit of the governed v '* ' r ° fyfterr.s, fimi- is made to lie on one fide, and the benefit of the governors on la ™^ oftllcir the other. It is to no purpofe to fay that individual intereft accurately underftood will always be found to coincide with general, if it appear in practice, that the opinions and errors of mankind are perpetually feparating them and placing them in oppofition to each other. The more the governors are fixed in a fphere diftinct and diftant from the governed, the more will this error be cherifhed. Theory, in order to produce an adequate effect upon the mind, fhould be favoured, not counter- acted, by practice. What principle in human nature is more univerfally confeffed than felf love, that is, than a propenfity to think individually of a private intereft, to difcriminate and divide objects which the laws of the univerfe have indiffolubly united ? None, unlefs it be the efprit de corps, the tendency of bodies of men to aggrandife themfelves, a fpirit, which, though lefs ardent than felf love, is ftill more vigilant, and not expofed to the accidents of ileep, indifpofition and mortality. Thus it appears that, of all impulfes to a narrow, felf-interefted conduct, thofe afforded by monarchy and ariftocracy are the greateft. Nor muft we be too hafty and undiftinguifhing in applying the principle, that individual intereft accurately underftood will always be found to coincide with general. Relatively to indi- viduals confidered as men it is true ; relatively to individuals 3 N 2 confidered 460 OF A PRESIDENT WITH REGAL POWERS. /?u ?« Yv confidered as lords and kings It is falfe. The man will be ferved ! v ' by the facrifice of all his little peculium to the public intereft, but the king will be annihilated. The firft facrifice that juftice demands at the hand of monarchy and ariftocracy, is that of their immunities and prerogatives. Public intereft dictates the laborious diflemination of truth and the impartial adminiftra- tion of juftice. Kings and lords fubfift only under favour of error and oppreffion. They will therefore refift the progrefs of knowledge and illumination ; the moment the deceit is difpelledj, their occupation is gone.. In thus concluding however we are taking for granted that ariftocracy will be found an arbitrary and pernicious inftitution> as monarchy has already appeared to be. It is time that wq ftxould enquire in what degree this is a&ually the cafe.. C H A K E 4*i 1 CHAP. X. OF HEREDITARY DISTINCTION. BIRTH CONSIDERED AS A PHYSICAL CAUSE — AS A MORAL CAUSE. — ARISTOCRATICAL ESTIMATE OF THE HUMAN SPECIES. — EDUCATION OF THE GREAT. — RECAPITULA- TION. A PRINCIPLE deeply interwoven with both monarchy BOOK V. CHAP.x, and ariftocracy in their mod flourifhing flate, but molt « „ > Bmh con- deeply with the latter, is that of hereditary preheminence. No fidered as a. phyfical principle can prefent a deeper infult upon reafon and juftice. caufe; Examine the new born fon of a peer and a mechanic. Has nature defignated in different lineaments their future fortune ? Is one of them born with callous hands and an ungainly form ? Can you trace in the other the early promife of genius and underftanding, of virtue and honour ? We have been told indeed that " nature will break out *," and that " The eaglet of a valiant neft will quickly tower Up to the region of his fire * ;" and the tale was once believed. But mankind will not foon again be perfuaded, that one lineage of human creatures produces beauty and virtue, and another vice. * Tragedy of Douglas, A CHAP# XI . that they do not feel the rigour that grinds them into nothing, ' « ' how does that improve the picture ? Let us for a moment give the reins no reflexion, and endeavour accurately to conceive the ftate of mankind where juftice mould form the public and general principle. In that cafe our moral feelings would afTume a firm and wholfome tone, for they would not be perpetually counteracted by examples that weakened their energy and confounded their clearnefs. Men would be fearlefs, becaufe they would know that there were no legal fnares lying in wait for their lives. They would be courageous, becaufe no man would be preffed to the earth that another might enjoy immoderate luxury, becaufe every one would be fecure of the juft reward of his induftry and prize of his exertions. Jealoufy and hatred would ceafe, for they are the offspring of injuftice.. Every man would fpeak truth with his neighbour, for there would be no temptation to falfhood and deceit. Mind would find its level, for there would be every thing to encourage and to animate. Science would be unfpeakably improved, for under- ftanding would convert into a real power, no longer an ignis fatuusy mining and expiring by turns, and leading us into floughs of fophiftry, falfe fcience and fpecious miftake. All men would be difpofed to avow their difpofitions and actions : none would endeavour to fupprefs the juft eulogium of his neighbour, for, fo long as there were tongues to record, the 5 fuppreffion 47* MORAL EFFECTS BopKy. fuppreffion would be impoflible; none fear to detect the mif- conduit of his neighbour, for there would be no laws converting the fincere expreffion of our convictions into a libel. Examples. Let us fairly confider for a moment what is the amount of injuftice included in the inftitution of ariftocracy. I am born, fuppofe, a Polifh prince with an income of £300,000 per annum. You are born a manorial ferf or a Creolian negro, by the law of your birth attached to the foil, and transferable by barter or otherwife to twenty fucceffive lords. In vain fhall be your moft generous efforts and your unwearied induftry to free yourfelf from the intolerable yoke. Doomed by the law of your birth to wait at the gates of the palace you mud never enter, to fleep under a ruined weather-beaten roof, while your matter fleeps under canopies of ftate, to feed on putrefied offals while the world is ranfacked for delicacies for his table, to labour with- out moderation or limit under a parching fun while he balks in perpetual floth, and to be rewarded at laft with contempt, repri- mand, ftripes and mutilation. In fact the cafe is worfe than this. I could endure all that injuftice or caprice could inflict, provided I poiTefled in the refource of a firm mind the power of looking down with pity on my tyrant, and of knowing that I had that within, that facred character of truth, virtue and forti- tude, which all his injuftice could not reach. But a Have and a ferf are condemned to fftipidity and vice, as well as to calamity. Is OF ARISTOCRACY. 473 Is all this nothing ? Is all this neceflary for the maintenance of BOOK v. CHAP. XI. civil order ? Let it be recollected that for this diftinction there is v "" not the fmalleft foundation in the nature of things, that, as we have already faid, there is no particular mould for the conftrudtion of lords, and that they are born neither better nor worfe than the pooreft of their dependents. It is this ftructure of ariftocracy in all its fanctuaries and fragments againft which reafon and philofophy have declared war. It is alike unjuft, whether we confider it in the cafts of India, the villainage of the feudal fyftem, or the defpotifm of the patricians of ancient Rome dragging their debtors into perfonal fervitude to expiate loans they could not repay. Mankind will never be in an eminent degree virtuous and happy, till each man fhall pofTefs that portion of diftinction and no more, to which he is entitled by his perfonal merits. The diflblution of ariftocracy is equally the intereft of the oppreflbr and the oppreffed. The one will be delivered from the liftleffhefs of tyranny, and the other from the brutalifing operation of fervitude. How long fhall we be told in vain, " that mediocrity of fortune is the true rampart of perfonal happinefs ?" 3P CHAP. [ 474 ] CHAP. XII. OF TITLES. THEIR ORIGIN AND HISTORY. — THEIR MISERABLE ABSUR- DITY. — TRUTH THE ONLY ADEQUATE REWARD OF MERIT. BOOK v. / ■ A HE cafe of mere titles is fo abfurd that it would deferve to CHAP.XII. * — tv—-* -*- be treated only with ridicule, were it not for the ferious Their origin andhiftory. mifchiefs it impofes on mankind. The feudal fyftem was a ferocious monfter devouring wherever it came all that the friend of humanity regards with attachment and love. The fyftem of titles appears under a different form. The monfter is at length deftroyed, and they who followed in his train, and fattened upon the carcaffes of thofe he flew, have fluffed his fkin, and by exhibiting it hope ftill to terrify mankind into patience and pufillanimity. The fyftem of the Northern invaders, however odious, efcaped the ridicule of the fyftem of titles. "When the feudal chieftains aflumed a geographical appellation, it was from fome place really fubject to their authority ; and there was no more abfurdity in the ftyle they aflumed, than in our calling a man at prefent the governor of Tangiers or the governor of Gibraltar. The commander in chief or the fovereign did not 5 then O F T I T L E S. 475 then eive an empty name ; he conferred an earldom or a barony, BOOK v. ° r ^ ; ' CHAP. XII. a fubftantial tract of land, with houfes and men, and producing v * ' a real revenue. He now grants nothing but the privilege of calling yourfelf Tom who were beforetime called Will ; and, to add to the abfurdity, your new appellation is borrowed from fome place perhaps you never faw, or fome country you never vifited. The ftyle however is the fame ; we are ftill earls and barons, governors of provinces and commanders of forts, and that with the fame evident propriety as the elector of Hanover and arch treafurer of the empire ftyles himfelf king of France. Can there be any thing more ludicrous, than that the man, Their refera- ble abfurdity. who was yefterday Mr. St. John, the moft eloquent fpeaker of the Britifh houfe of commons, the moft penetrating thinker, the umpire of maddening parties, the reftorer of peace to bleed- ing and exhaufted Europe, mould be to-day lord Bolingbroke ? In what is he become greater and more venerable than he was ? In the pretended favour of a ftupid and befotted woman, who always hated him, as fhe uniformly hated talents and virtue, though for her own intereft fhe was obliged to endure him. The friends of a man upon whom a title has recently been conferred, muft either be wholly blinded by the partiality of friendfhip not to feel the ridicule of his fituation, or completely debafed by the parafitical fpirit of dependence not to betray their feelings. Every time they effay to fpeak, they are in danger of 3 P 2 blundering 47^ OF TITLES. BOOK V. blundering upon the inglorious appellations of Mr. and Sir *. Every time their tongue faulters with unconfirmed practice, the queflion rufhes upon them with irrefiftible force, " What change has my old friend undergone ; in what is he wifer or better, happier or more honourable ?" The firft week of a new title is a perpetual war of the feelings in every fpedtator,. the genuine dictates of common fenfe againfl the arbitrary inftitutions of fociety. To make the farce more perfect thefe titles are fubject to perpetual fluctuations, and the man who is to-day earl of Kenfington, will to-morrow refign with unblufhing effrontery all appearance of character and honour to be called marquis of Ke w t Hiftory labours under the Gothic and unintelligible burden j no, mortal patience can connect the different ftories of him who is to-day lord Kimbolton, and to-morrow earl of Manchefter ; to- day earl of Mulgrave, and to-morrow marquis of Normanby and duke of Buckinghamfhire,. Truth the only adequate reward of merit. The abfurdity of thefe titles ftrikes us the more, becaufe they are ufually the reward of intrigue and corruption. But, were it otherwife, ftill they would be unworthy of the adherents of reafon and juftice. When we fpeak of Mr. St. John, as of the man, who by his eloquence fwayed contending parties, who withdrew the conquering fword from fyffering France, and gave. * In reality thefe appellations are. little lefs ab.furd than thofe by which they are fuperfeded.. 8 forty OF TITLES, 477 forty years of peace and calm purfuit of the arts of life and BOOK v. 1 } r r CHAP. XII. wifdom to mankind, we fpeak of fomething eminently great. v ~~ Can any title exprefs thefe merits ? Is not truth the confecrated and fingle vehicle of juftice ? Is not the plain and fimple truth worth all the cunning fubftitutions in the world ? Could an oaken garland or a gilded coronet have added one atom to his real greatnefs ? Garlands and coronets may be bellowed on the unworthy and proftituted to the intriguing. Till mankind be fatisfied with the naked ftatement of what they really perceive, till they confefs virtue to be then moft illuftrious when fhe mod difdafris the aid of ornament, they will never arrive at that manly juftice of fentiment, at which they are deftined one day to arrive. By this fcheme of naked truth, virtue will be every day a gainer ; every fucceeding obferver will more fully do her juftice, while vice, deprived of that varnifh with which fhe delighted to glofs her actions, of that gaudy exhibition which may be made alike by every pretender, will fpeedily fink into unheeded contempt.. C H A p; [ 473 ] CHAP. XIII. OF THE ARISTOCRATICAL, CHARACTER. INTOLERANCE OF ARISTOCRACY — DEPENDENT FOR ITS SUCCESS UPON THE IGNORANCE OF THE MULTITUDE. PRECAUTIONS NECESSARY FOR ITS SUPPORT. DIFFER- ENT KINDS OF ARISTOCRACY. — ARISTOCRACY OF THE ROMANS : ITS VIRTUES — ITS VICES. — ARISTOCRATICAL DISTRIBUTION OF PROPERTY — REGULATIONS BY WHICH IT IS MAINTAINED AVARICE IT ENGENDERS. ARGU- MENT AGAINST INNOVATION FROM THE PRESENT HAPPY ESTABLISHMENT OF AFFAIRS CONSIDERED. CONCLUSION. BOOK V CHAP. XIII ;A RISTOCRACY in its proper fignification implies neither lefs nor more than a fcheme for renderinp- Intolerance ° efarlftocracy; more permanent and vifible by the interference of |£>litical in- ftitution the inequality of mankind. Ariftocracy, like monar- chy, is founded in falfhood, the offspring of art foreign to the real nature of things, and muft therefore, like monarchy, be fup- ported by artifice and falfe pretences. Its empire however is founded in principles more gloomy and unfocial than thofe of monarchy. OF THE ARISTOCRATICAL CHARACTER. 479 monarchy. The monarch often thinks it advifable to employ BOOK V. 1 * 1 CHAP. XIII. blandishments and courtfhip with his barons and officers ; but the lord deems it fufficient to rule with a rod of iron. Both depend for their perpetuity upon ignorance. Could dependent for its fuccefs they, like Omar, deftroy the productions of profane reafoning, upon the Ig- norance of and perfuade mankind that the Alcoran contained every thing the multi- which it became them to ftudy, they might then renew their leafe of empire. But here again ariftocracy difplays its fuperior harfh- nefs. Monarchy admits of a certain degree of monki£h learning among its followers. But ariftocracy holds a ftricter hand. Should the lower ranks of fociety once come to be generally taught to write and read, its power would be at an end. To make men ferfs and villains it is indifpenfibly neceftary to make them brutes. This is a queftion which has long been canvafled with great eagernefs and avidity. The refolute advocates of the old fyftem have with no contemptible forefight oppofed this alarm- ing innovation. In their well known obfervation, " that a Ser- vant who has been taught to write and read ceafes to be any longer a paffive machine," is contained the embryo from which it would be eafy to explain the whole, philolophy of human, fociety. And who is there that can reflect with patience upon the ma- Precautions j~ r ' r neceflary for levolent contrivances of theie infolent ufurpers, contrivances the its fupport. end of which is to keep the human fpecies in a ftate of endlefs degradation ? 480 OF THE AR1ST0CRATICAL CHARACTER. BOOK V. degradation ? It is in the fubjedls we are here examining that *" • ' the celebrated maxim of " many made for one" is brought to the real teft. Thofe reafoners were no doubt wife in their gene- ration, who two centuries ago conceived alarm at the blafphemous doctrine, " that government was inftituted for the benefit of the governed, and, if it propofed to itfelf any other object, was no better than an ufurpation." It will perpetually be found that the men, who in every age have been the earlieft to give the alarm of innovation, and have been ridiculed on that account as bigoted and timid, were in reality perfons of more than common difcern- ment, who law, though but imperfectly, in the rude principle the inferences to which it inevitably led. It is time that men of re- flexion mould choofe between the two alternatives : either to go back fairly and without referve to the primitive principles of ty- ranny ; or, adopting any one of the axioms oppolite to thefe, however neutral it may at firft appear, not feebly and ignorantly to fhut their eyes upon its countlefs hoft of coniequences. Different & LS not neceffary to enter into a methodical difquifition of the ftocracy. different fpecies of ariftocracy, fince, if the above reafonings have any force, they are equally cogent againft them all. Ariftocracy may veft its prerogatives principally in the individual, as in Po- land ; or entirely reftrid them to the nobles in their corporate capacity, as in Venice. The former will be more tumultuous and diforderly ; the latter more jealous, intolerant and fevere. The magiftrates may either recruit their body by election among themfelves, OF THE ARISTOCRATICAL CHARACTER. 481 themfelves, as in Holland ; or by the choice of the people, as in ^p^Xf ancient Rome. " ' The ariftocracy of ancient Rome was incomparably the moft Ariftocracy venerable and illuftrious that ever exifted upon the face of the mans : its virtues % earth. It may not therefore be improper to contemplate in them the degree of excellence to which ariftocracy may be raifed. They included in their inftitution fome of the benefits of democracy, as generally fpeaking no man became a member of the fenate, but in confequence of his being elected by the people to the fuperior magiftracies. It was reafonable therefore to expect that the ma- jority of the members would poffefs fome degree of capacity. They were not like modern ariftocratical aflemblies, in which, as primogeniture and not 1'elecT.ion decides upon their prerogatives, we fhall commonly feek in vain for capacity, except in a few of the lords of recent creation. As the plebeians were long re- trained from looking for candidates except among the patricians, that is, the pofterity of fenators, it was reafonable to fuppofe that the moft eminent talents would be confined to that order. A circumftance which contributed to this was the monopoly of liberal education and the cultivation of the mind, a monopoly which the art of printing has at length fully deftroyed. Ac- cordingly all the great literary ornaments of Rome were either patricians, or of the equeftrian order, or their immediate depend- ents. The plebeians, though in their corporate capacity they poflefled for fome centuries the virtues of fincerity, intrepidity, 3 Q^ love 48a OF THE ARISTOGRATICAL CHARACTER. ghApxhi ^ ove °^j u ^ ce ar| d of the public, could never boaft of any of thofe - " ' individual characters in their party that reflect luftre on mankind, except the two Gracchi : while the patricians told of Brutus, Va- lerius, Coriolanus, Cincinnatus, Camillus, Fabricius, Regulus, the' Fabii, the Decii, the Scipios, Lucullus, Marcellus, Cato, Cicero, and innumerable others. With this retrofpect continually fug- gefted to their minds it was almoft venial for the ftern heroes of Rome and the laft illuftrious martyrs of the republic to entertain ariftocratical fentiments. its vices. Let us however confider impartially this ariftocracy, fo incom- parably fuperior to any other of ancient or modern times. Upon the firft inftitution of the republic, the people poueffed fcarcely any authority except in the election of magistrates, and even here their intrinfic importance was eluded by the mode of arranging the aflembly, fo that the whole decifion vefted in the richer claffes of the community. No magiftrates of any defcription were elected but from among the patricians. All caufes were judged by the patricians, and from their judgment there was no appeal. The patricians intermarried among themfelves, and thus formed a republic of narrow extent in the midft of the nominal one, which was held by them in a ftate of abject fervitude. The idea which purified thefe usurpations in the minds of the ufurpers, was, " that the vulgar are efTentially coarfe, groveling and ignorant, and that there can be no fecurity for the empire of juftice and confiflency but in the decided afcendancy of the liberal." Thus, even while they L. OF THE ARISTOCRATICAL CHARACTER. 4 8 3 they oppofed the eflential interefts of mankind, they were ani- BOOK v. J ir J CHAP. XIII. mated with public fpirit and an -unbounded enthuhafm of vir- tue. But it is not lefs true that they did oppofe the effential in- terefts of mankind. Y/hat can be more extraordinary than the declamations of Appius Claudius in this ftyle, at once for the moral greatnefs of mind by which they were dictated, and the cruel intolerance they were intended to inforce ? It is inex- preffibly painful to fee fo much virtue through fucceflive ages employed in counteracting the jufteft requifitions. The refult was, that the patricians, notwithftanding their immeafurable fu- periority in abilities, were obliged to yield one by one the exclu- fions to which they fo obftinately clung. In the interval they were led to have recourfe to the moft odious methods of counter- action ; and every man among them contended who mould be loudeft in applaufe of the nefarious murder of the Gracchi. If the Romans were diftinguifhed for fo many virtues, conftituted as they were, what might they not have been but for the iniquity of ariftocratical ufurpation ? The indelible blemifh of their hif- tory, the love of conquer!,- originated in the fame caufe. Their wars, through every period of the republic, were nothing more than the contrivance of the patricians, to divert their countrymen from attending to the fentiments of unalterable truth, by leading them to fcenes of conqueft and carnage. They underftood the art, common to all governments, of confounding the underftand- ings of the multitude, and perfuading them that the moft un- 3 Q^2 . provoked 484 OF THE ARISTOCRATICAL CHARACTER. cHAP^ui P rov °ked hoftilities were merely the dictates of necefiary * " ' defence. AHftocratJcal The principle of ariftocracy is founded in the extreme inequa- diftribution of property : lity of conditions. No man can be an ufeful member of fociety, except fo far as his talents are employed in a manner conducive to the general advantage. In every fociety the produce, the means of contributing to the neceffities and conveniencies of its mem- bers, is of a certain amount. In every fociety the bulk at leaft of its members contribute by their perfonal exertions to the creation of this produce. What can be more reafonable and juft, than that the produce itfelf mould with fome degree of equality be fhared among them ? What more injurious than the accumulat- ing upon a few every means of fuperfluity and luxury, to the total deftru&ion of the eafe, and plain, but plentiful, fubfiftence of the many ? It may be calculated that the king even of a li- mited monarchy, receives as the falary of his office, an income equivalent to the labour of fifty thoufand men *. Let us fet out in our eftimate from this point, and figure to ourfelves the fhares of 'his counfellors, his nobles, the wealthy commoners by whom the nobility will be emulated, their kindred and dependents. Is it any wonder that in fuch countries the lower orders of the com- . munity are exhaufted by all the hardships of penury and immo- derate fatigue ? When we fee the wealth of a province fpread * Taking die average price of labour at one fhilling per diem. upon OF THE ARISTOCRATICAL CHARACTER. 485 upon the great man's table, can we be furprifed that his neigh- ^J^cm bours have not bread to fatiate the cravings of hunger ? Is this a ftate of human beings that muft be confidered as the lad improvement of political wifdom ? In fuch a ftate it is im- poflible that eminent virtue fhould not be exceedingly rare. The higher and the lower clafTes will be alike corrupted by their un- natural fituation. But to pafs over the higher clafs for the pre- fent, what can be more evident than the tendency of want to contract the intellectual powers ? The fituation which the wife man would defire for himfelf and for thofe in whofe welfare he was interefted, would be a fituation of alternate labour and re- laxation, labour that fhould not exhauft the frame, and relaxation that was in no danger to degenerate into indolence. Thus in- duftry and activity would be cherifhed, the frame preferred in a healthful tone, and the mind accuftomed to meditation and re- flection. But this would be the fituation of the whole human fpecies, if the fupply of our wants were equally diftributed. Can any fyftem be more worthy of our difapprobation than that which converts nineteen-twentieths of them into beafts of burden, an- nihilates fo much thought, renders impoffible fo much virtue and extirpates fo much happinefs ? But it may be alledged, " that this argument is foreign to the regulation* r r • a. r t\ i . ky which it is iubject of anftocracy ; the inequality of conditions being the in- maintained: evi table 486 OF THE ARISTOCRATICAL CHARACTER. • chap xm evitable confequence of the inftitution of property." It is true v that many difadvantages flow out of this inftitution in its fimpieft form j but thefe difadvantages, to whatever they may amount, are greatly aggravated by the operations of ariftocracy. Arifto- cracy turns the ftream of property out of its natural channel, and forwards with the moft affiduous care its accumulation in the hands of a very few perfons. The doctrines of primogeniture and entails, as well as the immenfe volumes of the laws of tranf- fer and inheritance which have infefted every part of Europe, were produced for this exprefs purpofe. genders? en " At the fame time that it has endeavoured to render the acqui- fition of permanent property difficult, ariftocracy has greatly in- creafed the excitements to that acquifition. All men are accuf- tomed to conceive a thirft after diftin£tion and pre-eminence, but they do not all fix upon wealth as the object of this paffion, but varioufly upon fkill in any particular art, grace, learning, ta- lents, wifdom and virtue. Nor does it appear that thefe latter objects are purfued by their votaries with lefs affiduity, than wealth is purfued by thofe who are anxious to acquire it. Wealth would be ftill lefs capable of being miftaken for the univerfal paffion, were it not rendered by political inftitution, more than by its natural influence, the road to honour and refped:. . There OF THE ARISTOCRATICAL CHARACTER. 487 There is no miftake more thoroughly to be deplored on this chap^iii fubject, than that of perfons, fitting at their eafe and furrounded a^^TT^ with all the conveniences of life, who are apt to exclaim, " We vai^ from" find things very well as they are ;" and to inveigh bitterly againft i ia p P y e e fta. all projects of reform, as " the romances of vifionary men, and affijracpn- the declamations of thofe who are never to be fatislied." Is it well, that fo large a part of the community ihould be kept in abject penury, rendered ftupid with ignorance and difguftful with vice, perpetuated in nakednefs and hunger, goaded to the com- miffion of crimes, and made victims to the mercilefs laws which the rich have inftituted to opprefs them ? Is it fedition to en- quire whether this Hate of things may not be exchanged for a better ? Or can there be any thing more difgraceful to ourfelves than to exclaim that " All is well," merely becaufe we are at our eafe, regardlefs of the mifery, degradation and vice that may be occafioned in others ? There is one argument to which the advocates of monarchy Conchfion. and ariftocracy always have recourfe when driven from every other pretence ; the mifchievous nature of democracy. " How- ever imperfect the two former of thefe inftitutions may be in themfelves, they are found necerfary," we are told, " as ac- commodations to the imperfection of human nature." It is for the reader who has confidered the arguments of the preceding chapters to decide, how far it is probable that circumftances can 6 occur. 4 88 OF THE ARISTOCRATICAL CHARACTER. book V. occur, which mould make it our duty to fubmit to thefe com- CHAP. XIII, * v ' plicated evils. Meanwhile let us proceed to examine that de- mocracy of which fo alarming a picture has uniformly been exhibited. CHAP. E 489 3 CHAP. XIV. GENERAL FEATURES OF DEMOCRACY. DEFINITION. SUPPOSED EVILS OF THIS FORM OF GO- VERNMENT ASCENDANCY OF THE IGNORANT OF THE CRAFTY — INCONSTANCY — RASH CONFIDENCE GROUNDLESS SUSPICION. — MERITS AND DEFECTS OF DEMOCRACY COMPARED. — ITS MORAL TENDENCY. — TENDENCY OF TRUTH. — REPRESENTATION. DEMOCRACY is a fyftem of government according to BOOK v. CHAP. XIV. which every member of fociety is confidered as a man * yr~~- ' Definition. and nothing more. So far as pofitive regulation is concerned, if indeed that can with any propriety be termed regulation which is the mere recognition of the fimpleft of all principles, every man is regarded as equal. Talents and wealth, wherever they exift, will not fail to obtain a certain degree of influence, with- out requiring any pofitive inftitution of fociety to fecond their operation. evils of derao- But there are certain difadvantages that may feem the necef- Suppofed evils c fury refult of democratical equality. In political fociety it is C racy rcafonable to fuppofe that the wife will be outnumbered by the 3 R unwife, 49° GENERAL FEATURES chap \7v unwn " e > an< ^ ^ w iU De inferred " that the welfare of the whole afcendancy w iU therefore be at the mercy of ignorance and folly." It is- rant : lg " P " true that the ignorant will generally be fufficiently willing to be guided by the judicious, "but their very ignorance will incapa- citate them from difcerniag the merit of their guides* The of the crafty. 1 turbulent and crafty demagogue will often pofTefs greater advan- tages for inveigling their judgment, than the man who with purer intentions may pofTefs a lefs brilliant talent. Add to this, that the demagogue has a never failing refource in the ruling imper- fection of human nature, that of preferring the fpecious prefent to the fubftantial future. This is what is ufually termed, play- ing upon the pafhons of mankind. Political truth has hitherto proved an enigma, that all the wit of man has been mfufficient to fblve. Is it to be fuppofed that the uninftrucfed multitude •ihould always be able to refill the artful fophillry and captivating eloquence that will be employed to darken it ? Will it not often happen that the fchemes propofed by the ambitious diflurber will "* poilefs a meretricious attraction, which the fevere and - fober project of the difcerning ftatefman. fhall be unable to compenfate ?. Inconflancy t " One of the moft fruitful fources of human happinefs is to be found in the fteady and uniform operation of certain fixed principles. But it is the characteriftic of a democracy to be wavering and inconftant. The philofopher only, who has, deeply meditated his principles,, is inflexible in his adherence to them. The mafs of mankind, as they have never arranged their 2 reflections OF DEMOCRACY. 491 refle&ions into fyftem, are at the mercy of every momentary BOOK V. impulfe, and liable to change with every wind. But this incon- v *"""" J ftancy is direcWy the reverfe of every idea of political juftice. " Nor is this all. Democracy is a monflrous and unwieldy rafh confi- dence : veffel launched upon the fea of human paffions without ballaft. Liberty in this unlimited form is in danger to be loll almoft as foon as it is obtained. The ambitious man finds nothing in this fcheme of human affairs to fet bounds to his defires. He has only to dazzle and deceive the multitude in order to rife to abfolute power. " A farther ill confequence flows out of this circumftance. groundlefc The multitude, confcious of their weaknefs in this refpecl, will, in proportion to their love of liberty and equality, be perpetually fuipicious and uneafy. Has any man dilplayed uncommon virtues or rendered eminent fervices to his country ? He will prefently be charged with fecretly aiming at the tyranny. Various circumftances will come in aid of this accufation, the general love of novelty, envy of fuperior merit, and the inca- pacity of the multitude to underftand the motives and character of thofe who fo far excel them. Like the Athenian, they will be tired of hearing Ariftides conftantly called the Juft. Thus will merit be too frequently the victim of ignorance and envy. Thus will all that is liberal and refined, whatever the human jnind in its highefc ftate of improvement is able to conceive, be 3 Pv 2 often 492 GENERAL FEATURES B00K ]^ often overpowered by* the turbulence of unbridled pafllon and y the rude dictates of favage folly." If this picture muft inevitably be realifed wherever democra- tical principles are eftablifhed, the ftate of human nature would be peculiarly unfortunate. No form of government can be devifed which does not partake of monarchy, ariftocracy or democracy. We have taken a copious furvey of the two former; and it would feem impoffible that greater or more inveterate mifchiefs can be inflicted on mankind, than thofe which are inflicted by them. No portrait of injuftice, degradation and vice can be exhibited, that can furpafs the fair and inevitable inferences from the principle upon which they are built. If then democracy could by any arguments be brought down to a level with fuch monftrous inftitutions as thefe, in which there is neither integrity nor reafon, our profpects of the future happinefs' of mankind would indeed be deplorable,.. Merits and But this is impoffible. Suppofino* that we fhould even be mocracy obliged to take democracy with all the difadvantages that were compared.) ever annexed to it, and that no remedy could be difcovered for any of its defects, it would be ftill greatly preferable to the exclufive fyftem of other forms. Let us take Athens with all- its turbu- lence and inftability ; with the popular and temperate ufurpations of Pififtratus and Pericles ; with their monftrous oftracifm, by which with undifguifed" injuftice they were accuftomed periodi- cal! v OF DEMOCRACY. 493 eally to banifh fome eminent citizen without the imputation of a BOOK v. erime ; with the imprifonment of Miltiades, the exile of Ariftides ' ' ' and the murder of Phocion : — with all thefe errors on its head, it is incontrovertible that Athens exhibited a more illuftrious and enviable fpectacle than all the monarchies and ariftocracies that ever exifted. Who would reject the gallant love of virtue and independence, becaufe it was accompanied with fome irregu- larities ? Who would pafs an unreferved condemnation upon their penetrating mind, their quick difcernment and their ardent feeling, becaufe they were fubjecl: occafionally to be intemperate and impetuous ? Shall we compare a people of fuch incredible achievements, fuch exquifite refinement, gay without infen- fibility and fplendid without intemperance, in the midft of whom grew up the greateft poets, the nobleft artifts, the moft finifhed orators and political writers, and the moft difinterefted philofophers the world ever faw, — {hall we compare this chofen feat of patriotifm, independence and generous virtue, with the torpid and felfifh realms of monarchy and ariftocracy ? All is not happinefs that looks tranquillity. Better were a portion of turbulence and fluctuation, than that unwholfome calm which is a ftranger to virtue. In the eftimate that is ufually made of democracy, one of the Its moral ten- n r r v • dency. moft flagrant fources of error lies in our taking mankind fuch as monarchy and ariftocracy have made them, and from thence judging how fit they are to legiflate for themfelves. Monarchy i and CHAP. XIV. I ., > 494 GENERAL FEATURES ^hap^xiv' anc * ar ift°cracy would be no evils, if their tendency were not to undermine the virtues and the underftandings of their fubjedts. The thing raoft neceflary is to remove all thofe reftraints which hold mind back from its natural flight. Implicit faith, blind iubmiflion to authority, timid fear, a diftruft of our powers, an inattention to our own importance and the good purpofes we are able to effect, thefe are the chief obftacles to human improve- ment. Democracy reftores to man a confcioufnefs of his value, teaches him by the removal of authority and opprefllon to liften only to the dictates of reafon, gives him confidence to treat all other men as his fellow beings, and induces him to regard them no longer as enemies againft whom to be upon his guard, but as brethren whom it becomes him to afllft. The citizen of a <3emocratical ftate, when he looks upon the miferable opprefllon .and injuftice that prevail in the countries around him, cannot .but entertain an inexpreflible efteem for the advantages he enjoys, and the moil unalterable determination at all hazards to preferve ihem. The influence of democracy upon tbe fentiments of its members is altogether of the negative fort, but its confequences are ineftimable. Nothing can be more unreasonable than to argue from men as we now find them, to men as they may here- after be made. Strict and accurate reafoning, inflead of fuf- fering us to be furprifed that Athens did fo much, vould at firft induce us to wonder that the retained fo many imperfecftions. Tendency of The road to the improvement of mankind is in the utmoft truth. degree OF DEMOCRACY. 495 degree Simple, to fpeak and act the truth. If the Athenians had had more of this, it is impoffible they mould have been fo flagrantly erroneous. To tell the truth in all cafes without referve, to administer juftice without partiality, are principles which, when once rigorouSly adopted, are of all others the mofl prolific. They enlighten the understanding, give energy to the judgment, and Strip mifreprefentation of its fpecioufnefs and plaufibility. In Athens men Suffered themfelvea to be dazzled by fplendour and fhow. If the error in their conftitution which led to this defed can be difcovered, if a form of political fociety can be devifed in which men mall be accuStomed to judge Strictly and foberly, and habitually exercifed to the plainnefs and Sim- plicity of truth, democracy would in that fociety ceafe from the turbulence, inftability, ficklenefs and violence that have too often characterised it. Nothing can be more certain than the omnipotence of truth, or, in other words, than the connexion between the judgment and the outward behaviour. If Science be capable of perpetual improvement, men will alfo be capable of perpetually advancing in practical wifdom and juStice. Once eSlabliSh the perfectibility of man, and it will inevitably follow that we are advancing to a State, in which truth will be too well known to be eafily mistaken, and juftice too habitually pradtifed to be voluntarily counteracted. Nor Shall we See reaSon to think upon Severe reflection, that this State is fo distant as we might at firSt be inclined to imagine. Error is principally indebted for its permanence to Social institution, . Did we leave individuals to- the BOOK v. CHAP. XIV. •tion. 406 GENERAL FEATURES B00I xiv tne P ro g re ^" s °f tne i r own minds, without endeavouring to regu- 1 * ' late them by any fpecies of public foundation, mankind would in no very long period convert to the obedience of truth. The conteft between truth and falfhood is of itfelf too unequal, for the former to (land in need of fupport from any political ally. The more it be difcovered, efpecially that part of it which relates to man in fociety, the more fimple and felf evident will it appear ; and it will be found impoffible any otherwife to account for its having been fo long concealed, than from the pernicious influence of pofitive inftitution. Repvefenta- There is another obvious confideration that has frequently been alledged to account for the imperfection of ancient demo- cracies, which is worthy of our attention, though it be not fo important as the argument which has juft been ftated. The ancients were unaccuftomed to the idea of deputed, or reprefen- tative affemblies ; and it is reafonable to fuppofe that affairs might often be tranfadled with the utmoft order in fuch afTem- blies, which might be productive of much tumult and confufion, if fubmitted to the perfonal difcuflion of the citizens at large*. By this happy expedient we fecure many of the pretended benefits of ariftocracy, as well as the real benefits of democracy. The difcuffion of national affairs is brought before perfons of * The general grounds of tins inftitution have been ftated, Book III, Chap. IV. The exceptions which limit its value, will be feen in the twenty-third oiiapter of .the prefent hock. fimerioi" CHAP. XIV. OFDEMOCRACY. 497 Superior education and wifdom : we may conceive of them, net ^.? A ^ K X ^ only as the appointed medium of the fentiments of their condim- ents, but as authorifed upon certain occafions to act on their part, in the fame manner as an unlearned parent delegates his autho- rity over his child to a preceptor of greater accomplifhments than himfelf. This idea within proper limits might be entitled to our approbation, provided the elector had the wifdom not to relax in the exercife of his own underftanding in all his political concerns, exerted his cenforial power over his reprefentative, and were accuftomed, if the reprefentative were unable after the fulleft explanation to bring him over to his opinion, to transfer his deputation to another. The true value of the fyftem of representation is as follows. It is not reafonable to doubt that mankind, whether acting by themfelves or their reprefentatives, might in no long time be enabled to contemplate the fubjects offered to their examination with calmnefs and true difcernment, provided no pofitive ob- ftacles were thrown in their way by the errors and imperfection of their political inflitutions. This is the principle in which the found political philofopher will reft with the moft perfect Satisfaction. But, fhould it ultimately appear that reprefentation, and not the intervention of popular affemblies, is the mode which reafon prefcribes, then an error in this preliminary queftion, will of courfe infer errors in the practice which is built upon it. We cannot make one falfe ftep, without involving 3 S ourfelves 498 GENERAL FEATURES OF DEMOCRACY. book v. ourfelves in a feries of miftakes and ill confequences that muft CHAP. XIV. * ' <~~ J be expected to grow out of it. Such are the general features of democratical government: but this is a fubjecT: of too much importance to be difmhTed with- out the fulleft examination of every thing that may enable us to decide upon its merits. We will proceed to confider the farther objections that have been alledged againfl it. CHAP. [ 499 1 CHAP. XV. OF POLITICAL IMPOSTURE. IMPORTANCE OF THIS TOPIC. — EXAMPLE IN THE DOCTRINfi OF ETERNAL PUNISHMENT — ITS INUTILITY ARGUED FROM HISTORY — FROM THE NATURE OF MIND. — SECOND EXAMPLE : THE RELIGIOUS SANCTION'OF A LEGISLATIVE SYSTEM. THIS IDEA IS, I. IN STRICT CONSTRUCTION IMPRACTICABLE 2. INJURIOUS. THIRD EXAMPLE: PRINCIPLE OF POLITICAL ORDER. — VICE HAS NO ESSEN- TIAL ADVANTAGE OVER VIRTUE. — IMPOSTURE UNNE- CESSARY TO THE CAUSE OF JUSTICE — NOT ADAPTED TO THE NATURE OF MAN. ALL the arguments that have been employed to prove the BOOK v. CHAP. XV. infufficiency of democracy grow out of this one root, v v ' Importance the fuppofed neceffity of deception and prejudice for reftrain- of th ' 8 to P' c - ing the turbulence of human pafTions. Without the afliimp- tion of this principle the argument could not be fuftained for a moment. The direct and decifive anfwer would be, " Are kings and lords intrinfically wiler and better than their humbler neighbours ? Can there be any folid ground of diftindlion except what is founded in perfonal merit ? Are not men, really and 3 S 2 ftridly Soo OF POLITICAL IMPOSTURE. cH°p K xv' ft r ^7 confidered, equal, except fo far as what is perfonal and * v ' inalienable makes them to differ ?" To thefe queftions there can be but one reply, " Such is the order of reafon and abfolute truth, but artificial diftindions are neceffary for the happinefs of mankind. Without deception and prejudice the turbulence of human pafnons cannot be reftrained." Let us then examine the merits of this theory; and thefe will beft be illuflrated by an inflance. Example in It has been held by fome divines and fome politicians, that the the do&rine of eternal do&rine which teaches that men will be eternally tormented in punifhmeut : another world for their errors and mifconduct in this, is " in its own nature unreafonable and abfurd, but that it is neverthelefs neceffary, to keep mankind in awe. Do we not fee," fay they, " that notwithstanding this terrible denunciation the world is overrun with vice ? What then would be the cafe, if the irregu- lar paffions of mankind were fet free from their prefent reftrainr, and they had not the fear of this retribution before their eyes V* its inutility This argument feems to be founded in a fingular inattention argued from latlory; io the dictates of hiftory and experience, as well as to thofe of reafon. The ancient Greeks and Romans had nothing of this dreadful apparatus of fire and brimftone, and a torment " the fmoke of which afcends for ever and ever." Their religion was lefs perfonal than political. They confided in the Gods as pro- tectors of the ftate, and this infpired them with invincible cou- li* r rage. OF POLITICAL IMPOSTURE. 501 BOOK V. CHAP. XV. V .. t rage. In periods of public calamity they found a ready confola- tion in expiatory facrifices to appeafe the anger of the Gods. The attention of thefe beings was conceived to be principally directed to the ceremonial of religion, and very little to the moral excellencies and defects of their votaries, which were fuppofed to be fufficiently provided for by the inevitable tendency of moral excellence or defect to increafe or diminifh individual happinefs. If their fyftems included the doctrine of a future exiftence, little attention was paid by them to the connecting the moral deferts of individuals in this life with their comparative fituation in an- other. The fame defect ran through the fyftems of the Per- fians, the Egyptians, the Celts, the Phenicians, the Jews, and in- deed every fyftem which has not been in fome manner or other the offspring of the Chriftian. If we were to form our judg- ment of thefe nations by the above argument, we fhould expect to find every individual among them cutting his neighbour's throat, and hackneyed in the commiffion of every enormity without meafure and without remorfe. But they were in rea- lity as fufceptible of the regulations of government and the order of fociety, as thofe whofe imaginations have been moft artfully terrified by the threats of future retribution, and fome of them were much more generous, determined and attached to the public weal. Nothing can be more contrary to a juft obfervation of the from the na- c 1 1 ' r ture °f mi^uL nature ot the human mind, than to fuppofe that thefe fpeculative tenets 5 o2 OF POLITICAL IMPOSTURE. BOOK V. tenets have much influence in making mankind more virtuous i^ ri AJt ■ A V. <——v ' than they would otherwife be found. Human beings are placed in the midfr. of a fyflem of things, all the parts of which arc ftridtly connected with each other, and exhibit a fympathy and unifon by means of which the whole is rendered intelligible and as it were palpable to the mind. The refpect I fhall obtain and the happinefs I fhall enjoy for the remainder of my life are to- pics of which my mind has a complete comprehenfion. I un- derftand the value of plenty, liberty and truth to myfelf and my fellow men. I perceive that thefe things and a certain conduct intending them are connected, in the vifible fyftem of the world, and not by the fupernatural interpofition of an invifible director. But all that can be told me of a future world, a world of fpirita or of glorified bodies, where the employments are fpiritual and tfie firft caufe is to be rendered a fubjedt of immediate perception, or of a fcene of retribution, where the mind, doomed to everlaft- ing inactivity, fhall be wholly a prey to the upbraidings of re- morfe and the farcafms of devils, is fo foreign to the fyftem of things with which I am acquainted, that my mind in vain en- deavours to believe or to underftand it. If doctrines like thefe occupy the habitual reflections of any, it is not of the lawlefs, the violent and ungovernable, but of the fober and confcientious, perfuading them paflively to fubmit to defpotifm and injuftice, that they may receive the recompenfe of their patience hereafter. This objection is equally applicable to every fpecies of decep- tion. Fables may amufe the imagination j but can never ftand in OF POLITICAL IMPOSTURE. 503 in the place of reafon and judgment as the principles of human ^^ K V Y* conduct. — Let us proceed to a fecond inftance. v v ' It is affirmed by RoufTeau in his treatife of the Social Contract, Second ex- ample : the R that no legiflator could ever eftablifh a grand political fvftem religious fanctionofa without having recourfe to religious impofture. To render a legislative fyitem. people who are yet to receive the impreflions of political wifdom fufceptible of the evidence of that wifdom, would be to convert the effect of civilifation into the caufe. The legiflator ought not to employ force and cannot employ reafoning ; he is therefore obliged to have recourfe to authority of a different fort, which may draw without compulfion, and perfuade without con- viction*." Thefe " u Pour qu'un peuph na'ijfant pttt gouter les fames maximes de la politique {5* Jiiivre les regies fondatnentales de la raifon de Pet at, it faudroit que Veffet put devenlr la caufe, que Pefprit focial, qui doit etre Pouvrage de Pinjlitution, prifiddt a Pinjlitu- tion me me, Cs* que les hommes fufjint avant les lots ce qu'ils doivent devenirpar elles. Ainft done le legiflateur tie pouvant employer ni la force ni le raifonnemetit ; dejl une neceffite qu'il recoure a une autorite d'un autre ordre, qui puiffe entrainer fans violence t isf ' perfuader fans convaincre" Du Contrat Social, Liv. II. Chap. VII. Having frequently quoted RoufTeau in the courfe of this work, it may be al- lowable to fay one word of his general merits as a moral and political writer. He has been fubjedted to perpetual ridicule for the extravagance of the propofition with which he began his literary career ; that the favage ftate was the genuine and propeT condition of man. It was however by a very flight miftake that he miffed the oppofite opinion which it is the bufinefs of the prefent volume to efta- blifh. 5o 4 OF POLITICAL IMPOSTURE. B, OOK Y* Thefe are the dreams of a fertile conception, bufy in the erec- * v ' tion of imaginary fyftems. To a rational mind that project would feem to promife little fubflantial benefit, which fet out from fo erroneous a principle. To terrify men into the recep- tion of a fyftem the reafonablenefs of which they were unable to perceive, is furely a very indire£t method of rendering them fober, judicious, fearlefs and happy. in ^£ t IS ' In reality no grand political fyftem ever w r as introduced in the condniftion ca y c; blifh. It is fufliciently obfervable that, where he defcribes the enthufiaftic influx of truth that firfb made him a moral and political writer (in his fecond letter to Malefherbes), he does not fo much as mention his fundamental error, but only the juft principles which led him into it. He was die firft to teach that the im- perfections of government were the only permanent fource of the vices of mankind ; and this principle was adopted from him by Helvetius and others. But he faw farther than this, that government, however reformed, was little ca- pable of aifording folid benefit to mankind, which they did not. This principle has fince (probably without any affiftance from the writings of Roufleau) been exprefled with great perfpicuity and energy, but not developed, by Mr. Thomas Paine in the firft page of his Common Senfe. Roufleau, notwithftanding his great genius, was full of weaknefs and preju- dice. His Emile is upon the whole to be regarded as the principal refervoir of philofophical truth as yet exifting in the world, but with a perpetual mixture of abfurdity and miftake. In his writings exprefsly political, Du Control Social and Confute rations fur la Polognc, the unrivalled fuperiority of his genius appears to defert him. To his merits as a reafoner we fhould not forget to add, that the term eloquence is perhaps more precifely defcriptive of his mode of compofition, than of that of any other writer that ever exifted. 6 manner OF POLITICAL IMPOSTURE. 505 manner Rouffeau defcribes. Lycurgus, as he obferves, obtained BOOK v* the fanction of the oracle at Delphi to the conftitution he had * ^~~ J eftablifhed. But was it by an appeal to Apollo that he perfuaded the Spartans to renounce the ufe of money, to confent to an equal divifion of land, and to adopt various other regulations the moft contrary to their preconceived prejudices ? No ; it was by an appeal to their underftandings, in the midft of long debate and perpetual counteraction, and through the inflexibility of his cou- rage and refolution, that he at laft attained his purpofe. Lycur- gus thought proper, after the whole was concluded, to obtain the fanction of the oracle, conceiving that it became him to neglect no method of fubftantiating the benefit he had conferred on his countrymen. It is indeed hardly poflible to perfuade a fociety of men to adopt any fyftem without convincing them that it is their wifdom to adopt it. It is difficult to conceive of a fociety of fuch miferable dupes as to receive a code, without any imagi- nation that it is reafonable or wife or juft, but upon this fingle re- commendation that it is delivered to them from the Gods. The only reafonable, and infinitely the moft efficacious method of changing the inftitutions of any people, is by creating in them a general opinion of their erroneoufnefs and infufficiency. But, if it be indeed impracticable to perfuade men into the 2. injurious. adoption of any fyftem, without employing as our principal ar- gument the intrinfic rectitude of that fyftem, what is the argu- ment which he would defire to ufe, who had moft at heart the 3 T welfare 506 OF POLITICAL IMPOSTURE. *hap K xv* We ^ are anc * improvement of the perfons concerned ? "Would he * * begin by teaching them to reafon well, or to reafon ill ? by un- nerving their mind with prejudice, or new {bringing it with truth ? How many arts, and how noxious to thofe towards whorrt we employ them, are neceffary, if we would fuccefsfully de- ceive ? We muft not only leave their reafon in indolence at firft, but endeavour to fuperfede its exertion in any future inftance. If men be for the prefent kept right by prejudice, what will be- come of them hereafter, if by any future penetration or any ac- cidental difcovery this prejudice fhall be annihilated ? Detection is not always the fruit of fyftematical improvement, but may be effected by fome folitary exertion of the faculty or fome lumi- nous and irrefiftible argument, while every thing elfe remains as it was. If we would firft deceive, and then maintain our decep- tion unimpaired, we fhall need penal ftatutes, and licenfers of the prefs, and hired minifters of falfhood and impofture. Admi- rable modes thefe for the propagation of wifdom and virtue ! Third ex- There is another cafe fimilar to that ftated by RoufTeau, upon ample : prin- ciple of po- which much ftrefs has been laid by political writers. " Obe- Htical order. dience," fay they, " muft either be courted or compelled. "We muft either make a judicious ufe of the prejudices and the igno- rance of mankind, or be contented to have no hold upon them but their fears, and maintain focial order entirely by the feverity of punifhment. To difpenfe us from this painful neceflity, au- thoiity ought carefully to be invefted with a fort of magic per- fuafion. OF POLITICAL IMPOSTURE. 507 fuafion. Citizens fhould ferve their country, not with a frigid 59HF™ fubrniffion that fcrupuloufly weighs its duties, but with an en- ' '' thufiafm that places its honour in its loyalty. For this reafon our governors and fuperiors muft not be fpoken of with levity. They muft be confidered, independently of their individual cha- racter, as deriving a facrednefs from their office. They muft be accompanied with fplendour and veneration. Advantage muft be taken of the imperfection of mankind. We ought to gain over their judgments through the medium of their fenfes, and not leave the conclufions to be drawn, to the uncertain procefs of immature reafon *." This is ftill the fame argument under another form. It takes Vice has no eflential ad- for granted that reafon is inadequate to teach us our duty ; and vantage over virtue. of confequence recommends an equivocal engine, which may with equal eafe be employed in the fervice of juftice and injuf- tice, but would furely appear fomewhat more in its place in the fervice of the latter. It is injuftice that ftands moft in need of fuperftition and myftery, and will moft frequently be a gainer by the impofition. This hypothefis proceeds upon an aflumption, which young men fometimes impute to their parents and pre- ceptors. It fays, " Mankind muft be kept in ignorance : if they know vice, they will love it too well ; if they perceive the charms * This argument is the great common place of Mr. Burke's Reflections on the Revolution in France, of feveral fucceflive productions of Mr. Necker, and of a multitude of other works upon the fubjeel of government. 3T2 of 5 o3 / OF POLITICAL IMPOSTURE. BOOK V. f error, they will never return to the fimplicity of truth." And, v ftrange as it may appear, this barefaced and unplaufible argument has been the foundation of a very popular and generally received hypothefis. It has taught politicians to believe that a people once funk into decrepitude, as it has been termed, could never afterwards be endued with purity and vigour *► Impofbre Is it certain that there is no alternative between deceit and un- unneceffary to thecaufe relenting feverity ? Does our duty contain no inherent recommen- of juftice. dations ? If it be not our own intereft that we fhould be tempe- rate and virtuous, whofe intereft is it ? Political inftitution, as has abundantly appeared in the courfe of this work, and will ftill far- ther appear as we go forward, has been too frequently the parent of temptations to error and vice of a thoufand different denomi- nations. It would be well, if legiflators, inftead of contriving farther deceptions and enchantments to retain us in our duty, would remove the impoftures which at prefent corrupt our hearts and engender at once artificial wants and real diftrefs. There would be lefs need, under the fyftem of plain, unornamented truth, than under theirs, that " every vifto fhould be terminated with the galloWs f." Why deceive me ? It is either my wifdom to do the thing you require of me, or it is not. The reafons for doing it are either fuf- ficient or infufficient. If fufficient, why fhould not they be the Book I, Chap. VIII. t Burke's Refleaions. machine OF POLITICAL IMPOSTURE. 509 machine to govern my underftanding ? Shall I moft improve ?„ ^ K X Y' while I am governed by falfe reafons, by impofture and artifice, ""— " which, were I a little wifer, I fhould know were of no value in whatever caufe they may be employed ; or, while my under- ftanding grows every day founder and ftronger by perpetual communication with truth ? If the reafons for what you demand of me be infufficient, why fhould I comply ? It is ftrongly to be fufpected that that regulation, which dares not reft upon its own reafonablenefs, conduces to the benefit of a few at the expence of the many. Impofture was furely invented by him, who thought more of fecuring dignity to himfelf, than of prevailing on man- kind to confent to their own welfare. That which you require of me is wife, no farther than it is reafonable. Why endeavour to perfuade me that it is more wife, more effential than it really is, or that it is wife for any other reafon than the true ? Why divide men into two clafles, one of which is to think and reafon for the whole, and the other to take the conclufions of their fupe- riors on truft ? This diftinction is not founded in the nature of things ; there is no - fuch inherent difference between man and man as it thinks proper to fuppofe. The reafons that fhould convince us that virtue is better than vice are neither complicated nor abftrufe ; and the lefs they be tampered with by the injudi- >^ cious interference of political inftitution, the more will they come home to the underftanding and approve themfelves to the judg- ment of every man. Nor 5 10 BOOK V. CHAP. XV. 1 * * Not adapted to the nature of man. OF POLITICAL IMPOSTURE. Nor. is the diftinftion lefs injurious, than it is unfounded. The two clafles which it creates, muft be more and lefs than man. It is too much to expect of the former, while we confign to them an unnatural monopoly, that they fhould rigidly confult for the good of the whole. It is an iniquitous requifition upon the latter, that they fhould never employ their underftandings, never penetrate into the effences of things, but always reft in a deceitful appearance. It is iniquitous, that we mould feek to withhold from them the principles of fimple truth, and exert our- felves to keep alive their fond and infantine miftakes. The time muft probably come when the deceit fhall vanifh ; and then the impoftures of monarchy and ariftocracy will no longer be able to maintain their ground. The change will at that time be moft aufpicious, if we honeftly inculcate the truth now, fecure that men's minds will grow ftrong enough to endure the practice, in proportion as their understanding of the theory excites them to demand it. CHAP. [ 5" ] CHAP. XVI. OF THE CAUSES OF WAR. OFFENSIVE WAR CONTRARY TO THE NATURE OF DEMO- CRACY. — DEFENSIVE WAR EXCEEDINGLY RARE. — ERRO- NEOUSNESS OF THE IDEAS COMMONLY ANNEXED TO THE PHRASE, OUR COUNTRY. — NATURE OF WAR DELINE- ATED. — INSUFFICIENT CAUSES OF WAR — THE ACQUIR- ING A HEALTHFUL AND VIGOROUS TONE TO THE PUB- LIC MIND THE PUTTING A TERMINATION UPON PRI- VATE INSULTS — THE MENACES OR PREPARATIONS OF OUR NEIGHBOURS — THE DANGEROUS CONSEQUENCES OF CONCESSION. — TWO LEGITIMATE CAUSES OF WAR. E XCLUSIVELY of thofe objections which have been book v. • • . CHAP. XVI. urged againft the democratical fyftem as it relates to the * « ' internal management of affairs, there are others upon which confiderable ftrefs has been laid in relation to the tranfaction of a ftate with foreign powers, to war and peace, to treaties of alliance and commerce. There is indeed an eminent difference with refpect to thefe Offenfive war contrary to between the democratical fyftem and all others. It is perhaps the nature of democracy. 5 impoffible 5*2 OF THE CAUSES OF WAR. BOOK V. CHAP. XVI. ^- „ , I impoflible to fhew that a fingle war ever did or could have taken place in the hiftory of mankind, that did not in fome way ori- ginate with thofe two great political monopolies, monarchy and ariftocracy. This might have formed an additional article in the catalogue of evils to which they have given birth, little inferior to any of thofe we have enumerated. But nothing could be more fuperfluous than to feek to overcharge a fubject the evi- dence of which is irrefiftible. What could be the fource of mifunderftanding between ftates, where no man or body of men found encouragement to the accumulation of privileges to himfelf at the expence of the reft ? A people among whom equality reigned, would poflefs every thing they wanted, where they poflefled the means of fubfiftence* Why fhould they purfue additional wealth or territory ? Thefe would lofe their value the moment they became the property of all. No man can cultivate more than a certain portion of land. Money is reprefentative, and not real wealth. If every man in the fociety poflefled a double portion of money, bread and every other commodity would fell at double their prefent price, and the relative fituation of each individual would be juft what it had been before. War and conqueft cannot be beneficial to the community. Their tendency is to elevate a few at the expence of the reft, and confequently they will never be undertaken but where the many are the inftruments of the few. But this can- not happen in a democracy, till the democracy fhall become fuch OF THE CAUSES OF WAR. 513 fuch only In name. If expedients can be deviled for maintain- ^P^K v. * A tHAr, XVI. ing this fpecies of government in its purity, or if there be any v v thing in the nature of wifdom and intellectual improvement which has a tendency daily to make truth prevail more over fall- hood, the principle of offenfive war will be extirpated. But this principle enters into the very efience of monarchy and arillo- cracy. Meanwhile, though the principle of offenfive war be in- Defenfivewir exceedingly- Compatible with the genius of democracy, a democratical ftate may rare. be placed in the neighbourhood of ftates whole government is lefs equal, and therefore it will be proper to enquire into the fuppofed difadvantages which the democratical ftate may fuftain in the conteft. The only fpecies of war in which it can con- fiftently be engaged, will be that, the object of which is to repel wanton invafion. Such invafions will be little likely frequently to occur. For what purpofe mould a corrupt ftate attack a country, which has no feature in common with itfelf upon which to build a mifunderftanding, and which prefents in the very nature of its government a pledge of its own inofFenfivenefs and neutrality ? Add to which, it will prefently appear that this ftate, which yields the feweft incitements to provoke an attack, will prove a very impracticable adverfary to thofe by whom an attack {hall be commenced. ~ One of the moft, eflential principles of political juftice is diame- Erroneouf- nefs of the 3 U trically 5 U OF THE CAUSES OF WAR. CHAi ideas com- mon')' annex- ed to the phrafe, our country. ^ia? *vi" tr i ca ^7 tne reverfe of that which impoftors and patriots have too frequently agreed to recommend. Their perpetual exhorta- tion has been, " Love your country. Sink the perfonal exiftence of individuals in the exiftence of the community. Make little account of the particular men of whom the fociety confifts, but aim at the general wealth, profperity and glory. Furify your mind from the grofs ideas of fenfe, and elevate it to the fingle contemplation of that abftracl: individual of which particular men are fo many detached members, valuable only for the place they fill*." The leflbns of reafon on this head are precifely oppofite. " Society is an ideal exiftence, and not on its own account entitled to the fmalleft regard. The wealth, profperity and glory of the whole are unintelligible chimeras. Set no value on any thing, but in proportion as you are convinced of its tendency to make individual men happy and virtuous. Benefit by every practicable mode man wherever he exifts ; but be not deceived by the fpecious idea of affording fervices to a body of men, for which no individual man is the better. Society was inftituted, not for the fake of glory, not to furnifh fplendid materials for the page of hiftory, but for the benefit of its members. The love of our country, if we would fpeak accurately, is another of thofe fpecious illufions, which have been invented by impoftors * Du Contrat Social, Zsfc. &c. bfc. in OF THE CAUSES OF WAR. 515 in order to render the multitude the blind mflxumenta of their ,?.?,? I \„Y I ' crooked defigns." Meanwhile let us beware of paffing from one injurious extreme to another. Much of what has been ufually underftood by the love of our country is highly excellent and valuable, though perhaps nothing that can be brought within the ftrict interpretation of the phrafe. A wife man will not fail to be the votary of liberty and equality. He will be ready to exert him- felf in their defence wherever they exift. It cannot be a matter of indifference to him, when his own liberty and that of other men with whofe excellence and capabilities he has the belt, opportunity of being acquainted, are involved in the event of the druggie to be made. But his attachment will be to the caufe, and not to the country. Wherever there are men who underftand the value of political juftice and are prepared to affert it, that is his country. Wherever he can moft contribute to the diffufion of thefe principles and the real happinefs of mankind, that is his country. Nor does he defire for any country any other benefit than juftice. To apply thefe principles to the fubject of war. And, before that application can be adequately made, it is neceffary to recollect for a moment the force of the term. Becaufe individuals were liable to error, and fufFered their ap- Nature of war deline- 3 U 2 prehenfions ated. CHAP. XVI 516 OF THE CAUSES OF WAR, ^Hvp ! xvi' P renen fions of juftice to be perverted by a bias in favour of them- felves, government was inftituted. Becaufe nations were fuf- ceptible of a fimilar weaknefs, and could find no fufficient umpire to wbom to appeal, war was introduced. Men were induced deliberately to feek each other's lives, and to adjudge the controverfies between them, not according to the dictates of reafon and juftice, but as either fhould prove moft fuccefsful in devaluation and murder. This was no doubt in the firft inftance the extremity of exafperation and rage. But it has fince been converted into a trade. One part of the nation pays another part to murder and be murdered in their ftead ; and the moft trivial caufes, a fuppofed infult or a fally of youthful ambition, have fufficed to deluge provinces with blood. We can have no adequate idea of this evil, unlefs we vifit, at leaft in imagination, a field of battle. Here men deliberately deftroy each other by thoufands without any refentment againft or even knowledge of each other. The plain is ftrewed with death in all its various forms, Anguifh and wounds difplay the diverfified modes in which they can torment the human frame. Towns are burned, fhips are blown up in the air while the mangled limbs defcend on every fide, the fields are laid defolate, the wives of the inhabitants expofed to brutal infult, and their children driven forth to hunger and nakednefs. It would be defpicable to mention, along with thefe fcenes of horror, and the total fubverfion of all ideas of moral juftice they muft occa- fjon OF THE CAUSES OF WAR. 517 fion in the auditors and fbedtators, the iinmenfe treafures which BOO" v. 1 CHAP. XVI. are wrung in the form of taxes from thofe inhabitants whofe refidence is at a diftance from the fcene. After this enumeration we may venture to enquire what are the juftinable caufes and rules of war. It is not a juftifiable reafon, " that we imagine our own peo- rnfufficient caufes of pie would be rendered more cordial and orderly, if we could « ar : 6nd a neighbour with whom to quarrel, and who might ferve '^h^SfT 8 as a touchftone to try the characters and difpofitions of indi- and v! £ or ° ui ' * • tone to the viduals among ourfelves*." We are not at liberty to have P ublicmind: recourfe to the moll complicated and atrocious of all mifchiefs in the way of an experiment. * The reader will eafily perceive that the pretences by which the people of France were inftigated to a declaration of war in April 1792 were in the author's mind in this place. Nor will a few lines be mifpent in this note in Hating the judgment of an impartial obferver upon the wantonnefs with which they have appeared ready -upon different occafions to proceed to extremities. If policy were in queition, it might be doubted, whether the confederacy of kings would ever have been brought into action againft them, had it not been for their pre- cipitation ; and it might be aflced, what impreffion they muft expedt to be made upon the minds of other ftates by their intemperate commifhon of hoftility ? But that ftric~t juflice, which prefcribes to us, never by a hafty interference to determine the doubtful balance in favour of murder, is a fuperior conGderation,. in comparifon with which policy is unworthy fo mujh as to be named. It 5i* OF THE CAUSES OF WAR. BOOK V. . chap. xvr. t v ' the putting a termination upjn private infults : It is not a juftifiable reafon, " that we have been expofed to certain infults, and that tyrants perhaps have delighted in treat- ing with contempt the citizens of our happy ftate who have vifited their dominions." Government ought to protect the tranquillity of thofe who refide within the fphere of its functions ; but, if individuals think proper to vifit other countries, they mull then be delivered over to the protection of general reafon. Some proportion muft be obferved between the evil of which we complain, and the evil which the nature of the propofed remedy inevitably includes. the menaces or prepara- tions of our neighbours : It is not a juftifiable reafon, "that our neighbour is preparing or menacing hoftilities." If we be obliged to prepare in our turn, the inconvenience is only equal ; and it is not to be believed, that a defpotic country is capable of more exertion than a free one, when the talk incumbent on the latter is indif- penfible precaution. the danger- ous confe- quences of eonceffion : It has fometimes been held to be found reafbning upon this fubjecT:, "that we ought not to yield little things, which may not in themfelves be fufficiently valuable to authorife this tremen- dous appeal, becaufe a difpofition to yield only invites farther experiments*." Far otherwife ; at leaft when the character of * This pretence is fuftained in Paley's Moral and Political Philofophy, Book VI. Ch. XII. fuch OF THE CAUSES OF W AH. 519 fuch a nation is fufhciently underftood. A people that will not BOOK v. J r r CHAP. XVI. contend for nominal and trivial objects', that maintains the \ v ' precife line of unalterable juftice, and that does not fail to be moved at the moment that it ought to be moved, is not the people that its neighbours will delight to urge to extremities. " The vindication of national honour" is a very infufficient the vindica- tion of na- ' reafon for hoftilities. True honour is to be found only in tional ho- nour. integrity and juftice. It has been doubted how far a view to reputation ought in matters of inferior moment to be permitted to influence the conducl of individuals ; but, let the cafe of indi- viduals be decided as it may, reputation, confidered as a feparate motive in the inftance of nations, can never be jufti- fiable. In individuals it feems as if I might, confidently with the utmoft real integrity, be fo mifconftrued and mifreprefented by others, as to render my efforts at ufefulnefs almoft always abortive. But this reafon docs not apply to the cafe of nations. Their real ftory cannot eafily be fupprefled. Ufefulnefs and • public fpirit in relation to them chiefly belong to the tranfactions of their members among themfelves ; and tbeir influence in the tranfa&ions of neighbouring nations is a confederation evidently fubordinate. The queftion which refpects the juftifiable caufes of war, would be liable to few difficulties, if we were accuftomed, along with the word, ftrongly to call up to our minds the thing which that word is intended to reprefant. 4 Accurately 520 "OF the causes of war. ^ °K y* Accurately considered, there can probably be but two jufti- CHAP. XVI. * ■ •* TwTiegitN fi^ble caufes of war, and one of them is among thofe which the *fwar. a eS '°S* C °^ fovereigns and the law of nations, as it has been termed, profcribe : thefe are the defence of our own liberty and of the liberty of others. The well known objection to the latter of thefe cafes, is, " that one nation ought not to interfere in the internal transactions of another ;" and we can only wonder that fo abfurd an objection fhould have beeen admitted fo long. The true principle, under favour of which this falfe one has been permitted to pafs current, is, " that no people and no indi- vidual are fit for the poiTeffion of any immunity, till they under- stand the nature of that immunity, and defire to poflefs it." It may therefore be an unjustifiable undertaking to force a nation to be free. But, when the people themfelves defire it, it is virtue and duty to aflift them in the acquisition. This principle is capable of being abufed by men of ambition and intrigue ; but, accurately confidered, the very fame argument that fhould induce me to exert myfelf for the liberties of my own country, is equally cogent, fo far as my opportunities and ability extend, with refpect to the liberties of any other country. But the morality that ought to govern the conduct of individuals and of nations is in all cafes the fame. CHAP, [ 5" ] CHAP. XVII. OF THE OBJECT OF WAR. THE REPELLING AN INVADER. — NOT REFORMATION — NOT RESTRAINT — NOT INDEMNIFICATION. — NOTHING CAN BE A SUFFICIENT OBJECT OF WAR THAT IS NOT A SUFFICIENT CAUSE FOR BEGINNING IT. — REFLECTIONS ON THE BALANCE OF POWER. L ET us pafs from the caufes to the objects of war. As BOOK v. r J CHAP. XVII. The repelling ail invader. defence is the only legitimate caufe, the object purfued, reafoning from this principle, will be circumfcribed within very narrow limits. It can extend no farther than the repelling the enemy from our borders. It is perhaps defirable that, in addi- tion to this, he fhould afford fome proof that he does not propofe immediately to renew his invafion ; but this, though defirable, affords no fufficient apology for the continuance of hoftilities. Declarations of war and treaties of peace are inventions of a barbarous age, and would never have grown into eftablifhed ufages, if war had cuftomarily gone no farther than to the limits of defence. It will hereafter appear that what has been termed the crimi- Not reform*. 3 X nal tion 5 22 OF THE OBJECT OF WAR. BOOK V. najjuftice of nations within therafelves, has only two legitimate v v ' objects, reflraint and reformation. Neither of thefe objedls applies to the cafe of war between independent flates ; and there- fore ideas of criminal juftice are altogether foreign to this fubject. War, as we have already feen, perhaps never originates on the offending fide in the fentiments of a nation, but of a comparatively fmall number of individuals : and, if it were otherwife, it is not in a reciprocation of hoftilities that good fenfe would teach us to iook for the means of reform. «ot reftralnt : Reflraint appears to be fometimes neceffary with refpect to the offenders that exift in the midft of a community, becaufe it is the property of fuch offenders to affault us with unexpected violence; but nations cannot move with fuch fecrecy as to make an tinforefeen attack an object of confiderable apprehenfion. The only effectual means of reflraint in this lafl cafe is by difabling, impoverifhing and depopulating the country of our adverfaries j and, if we recollected that they were men as well as ourfelves, and the great mafs of them innocent of the quarrel againfl us,, we fhould be little likely to confider thefe expedients with complacency. ■otindemni- Indemnification is another object of war which the fame mode of reafoning will not fail to condemn. The true culprits can never be difcovered, and the attempt would only ferve to cbnfound the innocent and the guilty : not to mention that, nations 6, having OF THE OBJECT OF WAR* 5 i$ having no common umpire, the reverting, in the conclufion of BOOK v. ° CHAP. XVI r. every war, to the juftice of the original quarrel and the indemni- v » ' fixation to which the parties were entitled, would be a means of rendering the controverfy endlefs. The queftion refpe&ing the Nothing c»« be a fufficicrrt juftifiable objects of war would be liable to few difficulties, if objea of war that is not a we laid it down as a maxim, that, as often as the principle or fufficieut caufe for be- object of a war already in exiftence was changed, this was to be s illnin g »*• confidered as equivalent to the commencement of a new war. This maxim impartially applied would not fail to condemn objects of prevention, indemnification and reftraint. The celebrated topic of the balance of power is a mixed con- Reflection* fideration, having fometimes been propofed as the caufe for lance of • r power, beginning a war, and fometimes as an object to be purfued in a war already begun. A war, undertaken to maintain the balance of power, may be either of defence, as to protect a people who are oppreffed, or of prevention to counteract new acquifitions, or to reduce the magnitude of old poffeffions. We fhall be in little danger of error however, if we pronounce wars undertaken to maintain the balance of power to be univerfally unjuft. If any people be oppreffed, it is our duty, as we have already faid, as far as our ability extends, to fly to their fuccour. But it would be well if in fuch cafes we called our interference by the name which juftice prefcribes, and fought againft the injuftice, and not the power. All hoftilities againft a neighbouring people, becaufe they are powerful, or becaufe we impute to them evil 3X2 defigns 524 OF THE OBJECT OF WAR. chap^xvTi ^efigns which they have not yet begun to carry in execution, are an enormous violation of every principle of morality. If one nation chufe to be governed by the fovereign or an indi- vidual allied to the fovereign of another, as feems to have been the cafe of the people of Spain upon the extinction of the elder branch of the houfe of Auftria, we may endeavour to enlighten them on the fubjedt of government and imbue them with principles of liberty, but it is an execrable piece of tyranny to tell them, "You fhall exchange the defpot you love for the defpot you hate, on account of certain remote confequences we apprehend from the acceffion of the former." The pretence of the balance of power has in a multitude of inftances ferved as a veil to the intrigue of courts, but it would be eafy to ihow that the prefent independence of the different ftates of Europe has in no inftance been materially fupported by the wars undertaken for that pur- pofe. The fafcihation of a people deiiring to become the appen- dage of a fplenclid defpotifm can rarely occur, and might perhaps eafily be counteracted by peaceable means and the diffemination of a few of the moit obvious truths. The defence of a people nxuggling with oppreflion muft always be juft, with this fingle limitation, that the entering into it without urgent need on their part, would unneceffarily fpread the calamities of war, and diminifh thofe energies, the exertion of which would contribute to their virtue and happinefs. Add to this, that the object itfelf, the independence of the different ftates of Europe, is of an equi- vocal nature. The defpotifm, which at prefent prevails among therm CHAP. XVH. * . J OF THE OBJECT OF WAR. 525 them, is certainly not fo excellent as to make us very anxious ^p^n for its prefervation. The prefs is an engine of fo admirable a nature for the deftru&ion of defpotifm, as to elude the fagacity perhaps of the moll vigilant police ; and the internal checks upon freedom in a mighty empire and diftant provinces, can fcarcely be expected to be equally attive with thofe of a petty tyrant. The reafoning will furely be good with refpect to war, which has already been employed upon the fubjecl: of govern- ment, that an inftrument, evil in it's own nature, ought never to be felected as the means of promoting our purpofe, in any cafe in which fele&ion can be pradtifed. CHAP. [ 5*6 1 CHAP. XVIII. OF THE CONDUCT OF WAR. OFFENSIVE OPERATIONS. — FORTIFICATIONS.— GENERAL ACTION. — STRATAGEM. — MILITARY CONTRIBUTIONS. — CAPTURE OF MERCANTILE VESSELS. — NAVAL WAR. — HU- MANITY. MILITARY OBEDIENCE. — FOREIGN POSSES- SIONS. cha^xvTh \ NOTHER topic refpecting war, which it is of importance o"5~^ ' to confider in this place, relates to the mode of conducting operations. .^ Upon this article our judgments will be greatly facilitated by a recollection of the principles already eftablifhed, firft, that no war is juftifiable but a war purely defenfive ; and fecondly, that a war already begun is liable to change its character in this refpect, the moment the object purfued in it becomes in any degree va- ried. From thefe principles it follows as a direct corollary, that it is never allowable to make an expedition into the provinces of the enemy, unlefs for the purpofe of affifting its opprefled inha- bitants. It is fcarcely neceffary to add that all falfe cafuiftry re- fpecting the application of this exception would be particularly odious ; and that it is better undifguifedly to avow the corrupt principles of policy by which we conduft: ourfelves, than hypo- critically to claim the praife of better principles, which we fail not to OF THE CONDUCT OF WAR. 527 to wreft to the j uftification of whatever we defire. The cafe of BOOK V. relieving the inhabitants of our enemy's territory and their defire * ' ' of obtaining relief ought to be extremely unequivocal ; we mail be in great danger of mifapprehenfion on the fubject, when the queftion comes under the form of immediate benefit to ourfelves ; and above all we muft recollect that human blood is not to be fhed upon a precarious experiment. The little advantages of war that might be gained by offenfive operations will be abundantly compenfated, by the character of magnanimous forbearance that a rigid adherence to defence will exhibit, and the effects that character will produce upon foreign nations and upon our own people. Great unanimity at home can fcarcely fail to be the effect of fevere political juftice. The enemy who penetrates into our country, wherever he meets a man, will meet a foe. Every obflacle will oppofe itfelf to his progrefs, while every thing will be friendly and affifting to our own forces.. He will fcarcely be able to procure the flighteft in- telligence, or underftand in any cafe his relative fituation. The principles of defenfive war are fo fimple as to procure an almoft infallible fuccefs. Fortifications are a very equivocal fpecies of Fortifica- prote&ion, and will oftener be of advantage to the enemy, by being firft taken, and then converted into magazines for his ar- mies. A moving force on the contrary, if it only hovered about his march, and avoided general action, would always preferve the General: real fuperiority. The great engine of military fuccefs or mif- carriage^ tions. a&ion. 528 OF THE CONDUCT OF WAR. cHAP^xvni carr i a g e > is tne article of provifions ; and the farther the enemy 1 v ' advanced into our country, the more eafy would it be to cut offhis fupply ; at the fame time that, fo long as we avoided general ac- tion, any decifive fuccefs on his part would be impoffible. Thefe principles, if rigidly practifed, would foon be fo well underftood, that the entering in a hoftile manner the country of a neigh- bouring nation would come to be regarded as the infallible de- ftruction of the invading army. Perhaps no people were ever conquered at their own doors, unlefs they were firft betrayed either by divifions among themfelves or by the abject degene- racy of their character. The more we come to underftand of the nature of juftice, the more it will fhow itfelf to be ftronger than a holt of foes. Men, whofe bofoms are truly pervaded with this principle, cannot perhaps be other than invincible. Among the various examples of excellence in almoft every de- partment that ancient Greece has bequeathed us, the moft con- fpicuous is her refiftance with a handful of men againft three millions of invaders. Stratagem. One branch of the art of war, as well as of every other human art, has hitherto confifted in deceit. If the principles of this work be built upon a fufficiently folid bafis, the practice of de- ceit ought in all inftances to be condemned, whether it proceed from falfe tendemefs to our friends, or from a defire to haften the downfal of injuftice. Vice is neither the moft allowable nor effectual weapon with which to contend againft vice. Deceit is not OF THE CONDUCT OF WAR. 529 not lefs deceit, whether the falfhood be formed into words or be BOOK V. ' CHAP. xvni. conveyed through the medium of fictitious appearances. We ihould no more allow ourfelves to miflead the enemy by falfe intelligence or treacherous ambufcade, than by the breach of our declarations, or feigned demonflrations of friendfhip. There is no effential difference between throwing open our arms to em- brace them, and advancing towards them with neutral colours or covering ourfelves with a defile or a wood. By the practice of furprife and deceit we mail ofteneft cut off their draggling parties and fhed moff blood. By an open difplay of our force we fhail prevent detachments from being made, fha!l intercept the poffi- bility of fupply without unneceffary bloodfhed, and there feems no reafon to believe that our ultimate fuccefs will be lefs certain. Why fhould war be made the fcience of difingenuoufnefs and myftery, when the plain dictates of good fenfe would anfwer all its legitimate purpofes ? The firft principle of defence is firmnefs and vigilance. The fecond perhaps, which is not lefs immedi- ately connected with the end to be attained, is franknefs and the open difclofure of our purpofe even to our enemies. What afto- nifhment, admiration and terror would this conduct excite in thofe with whom we had to contend ? What confidence and magnanimity would accompany it in our own bofoms ? Why Ihould not war, as a ftep towards its complete abolition, be brought to fuch perfection, as that the purpofes of the enemy might be utterly baffled without firing a mufket or drawing a fword i 3 Y Another 53° OF THE CONDUCT OF WAR. BOOK V. CHAP. XVIII. V „ ' Military con- tributions. Capture of mercantile vefielsj Naval war. Another corollary not lefs inevitable from the principles which have been delivered, is that the operations of war fhould be li- mited as accurately as poffible to the generating no farther evils than defence inevitably requires. Ferocity ought carefully to be banifhed from it.' Calamity mould as entirely as poffible be pre- vented to every individual who is not actually in arms, and whofe fate has no immediate reference to the event of the war. This principle condemns the levying military contributions, and the capture of mercantile veffels. Each of thefe atrocities would be in another way precluded by the doctrine of fimple defence. We fhould fcarcely think of levying fuch contributions, if we never at- tempted to pafs the limits of our own territory ; and every fpecies of naval war would perhaps be profcribed. Humanity. The utmoft benevolence ought to be pradtifed towards our enemies. We fhould refrain from the unneceffary deftruction of a fingle life, and afford every humane accommodation to the un- fortunate. The bulk of thofe againft whom we have to contend are comparatively fpeaking innocent of the projected injuftice. Thofe by whom it has been -moft affiduoufly foftered are entitled to our kindnefs as men, and to our compaffion as miftaken. It has already appeared that all the ends of punifhment are foreign to the bufmefs of war. It has appeared that the genuine melio- ration of war, in confequence of which it may be expected ab- folutely to ceafe, is by gradually difarming it of its ferocity. The horrors of war have fometimes been apologifed by a fuppofition that OF THE CONDUCT OF WAR. 53 i that the more intolerable it was made, the more quickly would it BOOK V. ' * ' CHAP. XVIII. ceafe to infeft the world. But the direct contrary of this is the * * ' truth. Severities do but beget feverities in return. It is a mod miftaken way of teaching men to feel that they are brothers, by imbuing their minds with unrelenting hatred. The truly juft man cannot feel animofity, and is therefore little likely to act as if he did. Having examined the conduct of war as it refpects our ene- Military obe- dience. mies, let us next confider it in relation to the various defcriptions of perfons by whom it is to be fupported. We have feen how little a juft and upright war ftands in need of fecrecy. The plans for conducting a campaign, inftead of being, as artifice and ambition have hitherto made them, inextricably complicated, will probably be reduced to two or three variations, fuited to the dif- ferent circumftances that can poflibly occur in a war of fimple defence. The better thefe plans are known to the enemy, the more advantageous will it be to the refilling party. Hence it follows that the principles of implicit faith and military obedi- ence will be no longer neceflary. Soldiers will ceafe to be ma- chines. The eflential circumftance that conftitutes men machines in this fenfe of the word, is not the uniformity of their motions, when they fee the reafonablenefs of that uniformity. It is their performing any motion, or engaging in any action, the object and utility of which they do not clearly underftand. It is true that in every ftate of human fociety there will be men of an in- 3 Y 2 tellectua! 5P OF THE CONDUCT OF WAR. chap* xvYfi te ^ e< ^ ua ^ capacity much fuperior to their neighbours. But dV- * ,/ ™~ "* fenfive war, and probably every other fpecies of operation in which it will be neceffary that many individuals fhould act in concert, will perhaps be found fo fimple in their operations, as not to exceed the apprehenfion of the moft common capacities. It is ardently to be defired that the time fhould arrive, when no man fhould lend his affiftance to any operation, without at the fame time exercifing his judgment reflecting the honefty andi the expected event of that operation,. foreign pof- The principles here delivered on the conduct of war lead the fdfions. mind to a very interefting fubject, that of foreign and diftant ter- ritories. Whatever may be the value of thefe principles con- sidered in themfelve&, they become altogether nugatory the mo- ment the idea of foreign, dependencies is admitted. But in rea- lity what argument poffeffing the ; fmalleft degree of plaufibilityr can be alledged in favour of that idea ? The mode in which de- pendencies are acquired, muft be either conq,ueft, ceffion or colo-* mzation. The firft of thefe no true moralift or politician will attempt to defend. The fecond is to be considered as the fame, thing in fubftance as the firft, but with lefs opennefs and inge- nuity. Colonization, which is by much the moft fpecious pre- tence,. is however no more than a pretence. Are thefe provinces, held in a ftate of dependence for our own fake or for , theirs ? I£ &>r our own, we muft recollect this is ftill an ufurpation, and that juftice requires we fhould yield to others what we demand, for. OF THE CONDUCT OF WAR. 533 for ourfelves, the privilege of being governed by the di&ates of BOOK V. their own reafon. If for theirs, they muft be told, that it is the ' *— — '' bufinefs of affociations of men to defend themfelves, or, if that be impracticable, to look for fupport to the confederation of then- neighbours^ They mud be told, that defence againft foreign enemies is a very inferior confideration, and that no people were ever either wife or happy who were not left to the fair develop- ment of their inherent powers. Can any thing be more- abfurd than for the Weft India iflands for example to be defended by fleets and armies to be tranfported acrofs the Atlantic ? The fup- port of a mother country extended to her colonies, is much oftener a means of involving them in danger, than of contributing to their fecurity. The connexion is maintained by vanity on one fide and prejudice on the other. If they muft fink into a de- grading ftate of dependence, how'will they be the worfe in be- longing to one ftate rather than another ? Perhaps the firft ftep towards putting aftop to- this fruitful fource of war, would be to* annihilate that monopoly of trade which all enlightened reafoners at prefent agree to condemn, and to throw open the ports of our colonies to all the world. The principle which will not fail to lead us right upon this fubject of foreign dependencies, as well as upon a thoufand others, is, that that attribute, however fplendid, k not really beneficial to a nation, that is not beneficial to the great mafs of individuals of which the nation coufifts. . GH A P, C 534 3 £ H A P. XIX. OF MILITARY ESTABLISHMENTS AND TREATIES. A COUNTRY MAY LOOK FOR ITS DEFENCE EITHER TO A -STANDING ARMY OR AN UNIVERSAL MILITIA. THE FORMER CONDEMNED. THE LATTER OBJECTED TO AS OF IMMORAL TENDENCY — AS UNNECESSARY — EITHER IN RESPECT TO COURAGE — OR DISCIPLINE. — OF A COM- MANDER. — OF TREATIES. BOOK v. ' I ' K E ^ topic which it may be neceffary to examine as "CHAP XIX. f : v I j -*■ to the fubject of war, is the conduct it becomes us to ob- ferve refpecting'it in a time of peace. This article may be diflri- buted into two heads, military eftablifhments and treaties of alliance. Axovmtry If military eftablifhments in time of peace be judged proper, may look for its defence their purpofe may be effected either by configning the practice either to a ftanding of military difcipline to a certain part of the community, or by army or an uniyerfal making every man whofe age is fuitable for that purpofe a foldier. T^former The preferablenefs of the latter of thefe methods to the former is OF MILITARY ESTABLISHMENTS AND TREATIES. s35 is obvious. The man that is merely a foldier, mud always be J?,?£ K ^' * * CHAP. XIX. uncommonly depraved. War in his cafe inevitably degenerates *~ from the neceffary precautions of a perfonal defence, into a trade by which a man fells his fkill in murder and the fafety of his ex- iftence for a pecuniary recompenfe. The man that is merely a foldier, ceafes to be, in the fame fenfe as his neighbours, a citizen. He is cut off from the reft of the community, and has fentiments and a rule of judgment peculiar to himfelf. He confiders his countrymen as indebted to him for their fecurity ; and, by an un- avoidable trandtion of reafoning, believes that in a double fenfe • they are at his mercy. On the other hand that every citizen fhould exercife in his turn the functions of a foldier, feems pe- culiarly favourable to that confidence in himfelf and in the re- fources of his country, which it is fo defirable he fhould enter- tain. It is congenial to that equality, which muft fubfift in an eminent degree before mankind in general can be either virtuous or wife. And it feems to multiply the powers of defence in a country, fo as to render the idea of its falling under the yoke of an enemy in the utmoft degree improbable. There are reafons however that oblige us to doubt reflecting The latter • r i • • i r i objefted to the propriety of cultivating under any form the fyftem of mili- as of im- . r . . . r . . moral ten- tary duciphne in time of peace. It is in this refpecT: with na- dency ; tions as it is -with individuals. The man that with a piftol bul- let is fure of his mark, or that excels his contemporaries in the exercife of the fword, can hardly efcape thofe obliquities of under- - 2 ftanding . jtf O* MILITARY ESTABLISHMENTS CHA? ! xnc ft anc K n g which thefe accomplifhments are calculated to nourifh. ' ' It is not to be expected that he fhould entertain all that confi- dence in reafon and diftafte of violence which fevere truth pre- fcribes. It is beyond all controverfy that war, though the prac- tice of it under the prefent ftate of the human fpecies may in fome inftances be unavoidable, is an idea pregnant with calamity and vice. It cannot be a matter of indifference, for the human mind to be fyftematically familiarifed to thoughts of murder and defolation. The difciple of mere reafon would not fail at the fight of a mufket or a fword to be impreffed with fentiments of abhorrence. Why expel thefe fentiments ? Why connect the difcipline of death with ideas of feftivity and fplendour ; which will inevitably happen, if the citizens, without opprefilon, are accuftomed to be drawn out to encampments and reviews ? Is it poffible that he who has not learned to murder his neighbour with a grace, is imperfect in the trade of man ? If it be replied, " that the generating of -error is not infepa- rable from military difcipline, and that men may at fome time be fufhciently guarded againft the abufe, even while they are taught the life of arms ;" it will be found upon reflection that this argu- ment is of little weight. Though error be not unalterably con- nected with the fcience of arms, it will for a long time remain fo. When men are fufEciently improved to be able to handle familiarly and with application of mind the inftruments of death •jaythout injury, they will alfo be fufficiently improved to be able to AND TREATIES. 537 to mailer any fludy with much greater facility than at prefent, ^p 1 ^" and confequently the cultivation of the art military in time of w peace will have Hill fewer inducements to recommend it to our choice. — To apply thefe confiderations to the prefent fituation of mankind. We have already feen that the fyflem of a {landing army is as unnecef- ... . f al 7 ■ altogether indefenhble, and that an univerfal militia is a much more formidable defence, as well as infinitely more agreeable to the principles of juftice and political happinefs. It remains to be feen what would be the real fituation of a nation furrounded by other nations in the midft of which Handing armies were main- tained, which mould neverthelefs upon principle wholly negledt the art military in feafons of peace. In fuch a nation it will pro- bably be admitted, that, fo far as relates to mere numbers, an army may be raifed upon the fpur of occafion, nearly as foon as in a nation the citizens of which had been taught to be foldiers. But this army, though numerous, would be in want of many of thofe principles of combination and activity which are of mate- rial importance in a day of battle. There is indeed included in either in re, the fuppofition, that the internal Hate of this people is more equal rage : and free than that of the people by whom they are invaded. This will infallibly be the cafe in a comparifon between a people with a Handing army and a people without one ; between a people who can be brought blindly and wickedly to the invafion of their peaceful neighbours, and a people who will not be induced to 3 Z %ht 53 8 OF MILITARY ESTABLISHMENTS BOOK V. fig-hj- b ut [ n t ^ e i r own defence. The latter therefore will be CHAP. XIX. o v ., ' obliged to compare the ftate of fociety and government in their own country and among their neighbours, and will not fail to be impreffed with great ardour in defence of the ineftimable advan- tages they poffefs. Ardour, even in the day of battle, might prove fufficient. A body of men, however undifciplined, whom nothing could induce to quit the field, would infallibly be victo- rious over their veteran adverfaries, who, under the circumftances of the cafe, could not poffibly have an accurate conception of the object for which they were fighting, and therefore could not en- tertain an invincible love for it. It is not certain that activity and difcipline oppofed to ardour, have even a tendency to turn the balance of flaughter againft the party that wants them. Their great advantage confifts in their power over the imagination to aftonifh, to terrify and confound. An intrepid courage in the party thus affailed would foon convert them from fources of defpair into objects of contempt.. «■ difcipline. But it would be extremely unwife in us to have no other re- fource but in the chance of this intrepidity. A refource much furer and more agreeable to juftice is in recollecting that the war of which we treat is a war of defence. Battle is not the object of fuch a war. An army, which, like that of Fabius, by keep- ing on the hills, or by whatever other means, rendered it impracticable for the enemy to force them to an engagement, might look with fcom upon his impotent efforts to enflave the country.. AND TREATIES. 539 country. One advantage included in fuch a fyftem of war is, book v. J ° J ' CHAP. XIX. that, as its very efTence is protraction, the defending army might k v ' in a fhort time be rendered as fkilful as the affailants. Difcipline, like every other art, has been reprefented by vain and interefted men as furrounded with imaginary difficulties, but is in reality exceedingly fimple ; and would be learned much more effec- tually in the midft of real war than in the puppet mow exhibi- tions ofa period of peace. It is defirable indeed that we mould have a commander of con- Ofa com- mander, fiderable (kill, or rather of confiderable wifdom, to reduce this patient and indefatigable fyftem into practice. This is of much more importance than the mere difcipline of the ranks. But the nature of military wifdom has been greatly mifreprefented. Ex- perience in this, as well as in other arts, has been unreafonably magnified, and the general power of a cultivated mind been thrown into fhade. It will probably be no long time before this quackery of profeffional men will be thoroughly exploded. How perpetually do we meet with thofe whom experience finds incor- rigible ; while it is recorded of one of the greateft generals of an- tiquity, that he fet out for his appointment wholly unacquainted with his art, and was indebted for that fkill, which broke out im- mediately upon his arrival, to the affiduoufnefs of his enquiries, and a careful examination of thofe writers by whom the art had moft fuccefsfully been illuftrated * ? At all events it will be ad- * Ciceronis Lucul!us,jive Academkorum Liber Seeutidus, init. 3 Z 2 mitted 54° BOOK V. CHAP. XIX. OF MILITARY ESTABLISHMENTS mitted, that the maintenance of a ftanding army or the perpetual difcipline of a nation is a very dear price to pay for the purchafe of a general, as well as that the purchafe would be extremely pre- carious, if we were even perfuaded to confent to the condition. It may perhaps be true, though this is not altogether clear, that a nation by whom military difcipline was wholly neglected would be expofed to fome difadvantage. In that cafe it becomes us to weigh the neglect and cultivation together, and to caft the balance on that fide to which upon mature examination it fhall appear to belong. Of treaties. A fecond article which belongs to the military fyftem in a fea- fon of peace is that of treaties of alliance. This fubject may eafily be difpatched. Treaties of alliance are in all cafes wrong, in the firft place,, becaufe all abfolute promifes are wrong, and neither individuals nor bodies of men ought to preclude them~ felves from the benefit of future improvement and deliberation. Secondly, they are wrong, becaufe they are in all cafes nugatory. Governments, and public men, will not, and ought not to hold themfelves bound to the injury of the concerns they condudr, becaufe a parchment, to which they or their predeceflbrs were a party, requires it at their hands. If the concert demanded in time of need, approve itfelf to their judgment or correfpond with their inclination, it will be yielded, though they were under no previous engagement for that purpofe. Treaties of alliance ferve to no other end, than to exhibit by their violation an appearance of AND TREATIES. 541 of profligacy and vice, which unfortunately becomes too often BOOK v. • CHAP. XIX. a powerful encouragement to the mconnltency of individuals. » , ■ Add to this, that, if alliances were engines as powerful, as they are really impotent, they could feldom be of ufe to a nation uniformly adhering to the principles of juflice. They would be ufelefs, becaufe they are in reality ill calculated for any other pur- pofes than thofe of ambition. They might be pernicious, becaufe it would be beneficial for nations as for individuals to look for refources at home, inftead of depending upon the precarious com- panion of their neighbours. x CHAP. [ 542 ] CHAP. XX. OF DEMOCRACY AS CONNECTED WITH THE TRANSACTIONS OF WAR. BOOKV. CHAP. XX. EXTERNAL AFFAIRS ARE OF SUBORDINATE CONSIDERA- TION. — APPLICATION. — FARTHER OBJECTIONS TO DE- MOCRACY I. IT IS INCOMPATIBLE WITH SECRECY — THIS PROVED TO BE AN EXCELLENCE 2. ITS MOVE- MENTS ARE TOO SLOW 3. TOO PRECIPITATE. EVILS OF ANARCHY CONSIDERED. AVING thus endeavoured to reduce the fubject of war to its true principles, it is time that we fhould recur to External af- fairs are of th e maxim delivered at our entrance upon this iubjedL that fubordmate J coniideration. individuals are every thing, and fociety, abftrac~ted from the individuals of which it is compofed, nothing. An immediate confequence of this maxim is, that the internal affairs of the fociety are entitled to our principal attention, and the external are matters of inferior and fubordinate coniideration. The internal affairs are fubjecls of perpetual and hourly concern, the external are periodical and precarious only. That every man fhould be impreffed with the confcioufnefs of his independence, and refcued from the influence of extreme want and artificial defires, OF DEMOCRACY, &c. 543 defires, are purpofes the moft interefting that can fuggeft them- BOOK v. felves to the human mind ; but the life of man might pafs, in a l v ftate uncorrupted by ideal pafhons, without its tranquillity being fb much as once difturbed by foreign invafions. The influence that a certain number of millions, born under the fame climate with ourfelves, and known by the common appellation of Englifh or French, fhall poffefs over the adminiftrative councils of their neighbour millions, is a circumftance of much too airy and diftant confideration, to deferve to be made a principal object in the inflitutions of any people. The beft influence we can exert is that of a fage and upright example. If therefore it fhould appear that of thefe two articles, internal Application. and external affairs, one muft in fome degree be facrificed to the other, and that a democracy will in certain refpects be lefs fitted for the affairs of war than fome other fpecies of government, good fenfe would not hefitate between thefe alternatives. We fhould have fufficient reafon to be fatisfied, if, together with the benefits of juftice and virtue at home, we had no reafon to defpair of our fafety from abroad. A confidence in this article will feldom deceive us, if our countrymen, however little trained to formal rules and the uniformity of mechanifm, have ftudied the profeffion of man, underftand his attributes and his nature, and have their necks unbroken to the yoke of blind credulity and abje£t fubmiffion. Such men, inured, as we are now fuppofing them, to a rational ftate of fociety, will be full of calm confi- dence 544 OF DEMOCRACY AS CONNECTED WITH ^P^^.Y' dence and penetrating activity, and thefe qualities will ftand " ' them in ftead of a thoufand leflbns in the fchool of military mechanifm. If democracy can be proved adequate to wars of defence, and other governments be better fitted for wars of a different fort, this would be an argument, not of its imperfec- tion, but its merit. Farther oh- It has been one of the objections to the ability of a democracy je&ions to democracy: in war, " that it cannot keep fecrets. The legiflative afTembly, compatible whether it poffefs the initiative, or a power of control only, in clccy- executive affairs, will be perpetually calling for papers, plans and information, crofs examining minifters, and fifting the policy and the juftice of public undertakings. How fhall we be able to cope with an enemy, if he know precifely the points we mean to attack, the ftate of our fortifications, and the ftrength and weaknefs of our armies ? How fhall we manage our treaties with fkill and addrefs, if he be informed precifely of the fenti- ments of our mind and have accefs to the inftru&ions of our ambaffadors ?" this proved It happens in this inftance, that that which the objection attacks ceiience; as the vice of democracy, is one of its moft effential excellencies. The trick of a myfterious carriage is the prolific parent of every vice ; and it is an eminent advantage incident to democracy, that, though the proclivity of mind has hitherto reconciled this fpecies of adminiftration in fome degree to the keeping of fecrets, yet 6 its A N ENQUIRY CONCERNING POLITICAL JUSTICE. 1 AN ENQUIRY CONCERNING POLITICAL JUSTICE, AND ITS INFLUENCE GENERAL VIRTUE AND HAPPINESS. B Y WILLIAM GODWIN. IN TWO VOLUMES VOL. II. LONDON: PRINTED FOR G. G. J. AND J. ROBINSON, PATERNOSTER-ROW. M.DCC.XCIII. THE TRANSACTIONS OF WAR. 545 its inherent tendency is to annihilate them. Why fhould dif- BOOK v. ' J CHAP. XX. ingenuity and concealment be more virtuous or more beneficial v v * in nations than in individuals ? Why fhould that, which every man of an elevated mind would difdain in his perfonal character, be entitled to more lenity and toleration, if undertaken by him as a minifter of ftate ? Who is there tbat fees not, that this inex- tricable labyrinth was artfully invented, left the people fhould underftand their own affairs, and, underftanding, become in- clined to conduct them ? With refpecl to treaties, it is to be fufpected that they are in all inftances fuperfluous. But, if public engagements ought to be entered into, what effential differ- ence is there between the governments of two countries endea- vouring to overreach each other, and the buyer and feller ia any private tranfaclion adopting a fimilar proceeding ? This whole fyftem proceeds upon the idea of national gran- deur and glory, as if in reality thefe words had any fpecific meaning. Thefe contemptible objects, thefe airy names, have from the earl^eft page of hiftory been made the oftenfible colour for the moft pernicious undertakings. Let us take a fpecimen of their value from the moft innocent and laudable purfuits. If I afpire to be a great poet, a great hiftorian, fo far as I am influ- enced by the dictates of reafon, it is that I may be ufeful to man- kind, and not that I may do honour to my country. Is Newton the better becaufe he was an Englishman, or Galileo the worfe becaufe he was an Italian ? Who can endure to pat this high 4 A founding 546 OF DEMOCRACY AS CONNECTED WITH 59?J\Z" founding nonfenfe in the balance againft the beft interefts of CHAP. XX. t - J ° " mankind, which will always fuffer a mortal wound, when dexte- rity, artifice and concealment are made topics of admiration and applaufe ? The underftanding and the virtues of mankind will always keep pace with the manly fimplicity of their defigns and the undifguifed integrity of their hearts. 2. its move- It has farther been obje&ed to a democratical ftate in its tranf- ments are too • • flow : adions with foreign powers, " that it is incapable of thofe rapid and decifive proceedings, which in fome fituations have fo emi- nent a tendency to enfure fuccefs." If by this objection it be underftood that a democratical ftate is ill fitted for dexterity and furprife, the rapidity of an afTaffin, it has already received a fufficient anfwer. If it be meant that the regularity of its pro- ceedings may ill accord with the impatience of a neighbouring defpot, and, like the Jews of old, we defire a king " that we may be like the other nations," this is a very unreafonable requifition. A juft and impartial reafoner will be little defirous to fee his country figure high in the diplomatical roll, deeply involved in the intrigues of nations, and affiduoufly courted by foreign princes as the infbrument of their purpofes. A more groundlefs and abfurd paflion cannot feize upon any people than that of glory, the preferring their influence in the affairs of Europe to their internal happinefs and virtue, for thefe obje&s will perpe- tually 'counteract and da'fh with each other. But THE TRANSACTIONS OF WAR. 547 But democracy is by no means neceflarily of a phlegmatic *? 00K v - character, or obliged to take every propofition that is made to it, v * ' ad referendum^ for the confederation of certain primary afTem- blies, like the ftates of Holland. The firft principle in the inftitution of government itfelf, is the neceffity, under the prefent imperfections of mankind, of having fome man or body of men to act on the part of the whole. Wherever government fubfifts, the authority of the individual muft be in fome degree fuperfeded. It does not therefore feem unreafonable for a repre- fentative national afTembly to exercife in certain cafes a difcre- tionary power. Thofe privileges, which are vefted in indivi- duals {elected out of the mafs by the voice of their fellows, and who will fpeedily return to a private ftation, are by no means liable to the fame objections, as the exclufive and unaccommo- dating privileges of an ariftocracy. Reprefentation, together with many difadvantages, has this benefit, that it is able impar- tially and with difcernment to call upon the moft enlightened part of the nation to deliberate for the whole, and may thus generate a degree of wifdom, a refined penetration of fentiment, which it would have been unreafonable to expect as the refult of primary affemblies. A third objection more frequently offered againft democratical 3. too preci- pitate. government is, " that it is incapable of that mature and delibe- rate proceeding which is alone fuitable to the decifion of fuch important concerns. Multitudes of men have appeared fubject 4 A 2 to ' CHAP. XX. v . ' 548 OF DEMOCRACY AS CONNECTED WITH chS K xx' t0 ^ ts °^ occa ^ lona l infanity : they act from the influence of rage, fufpicion and defpair : they are liable to be hurried into the moll unjuftifiable extremes by the artful practices of an. im- poflor." One of the moll obvious anfwers to this objection is> that we mull not judge of a fovereign people by the example of the rude multitude in defpotic Hates. We mull not judge of men born to the exercife of rational functions, by the example of men rendered mad with oppreffion, and drunk with the acquifition of new born power. Another anfwer is, that for all men to fhare the privileges of all is the law of our nature and the dictate of juftice. The cafe in this inllance is. parallel to that of an individual in his private concerns. It is true that, whila each man is mailer of his own affairs, he is liable to all the flarts of paffion. He is attacked by the allurements of temptation and the tempeft of rage, and may be guilty of the moll fatal errors, before reflection and judgment come forward to his aid. But this is no fufEcient reafon for depriving men of the direction of their own concerns.. We mould endeavour to make them wife- 1 and not to make them flaves. The depriving men of their felf? government is in the firft place unjuft, while in the fecond this felf-government, imperfect as it is, will be, found more falutary than any thing that can be fubflituted in its place. Evils of anar- The nature of anarchy has never been fufficiently underflood. £dcred°. n " It is undoubtedly a horrible calamity, but it is lefs horrible than defpotifm. Where anarchy has flain its hundreds, defpotifm ha3 a facrificed. THE TRANSACTIONS OF WAR. P& facrificed millions upon millions, with this only effect, to perpe- book V, tuate the ignorance, the vices and- the mifery of mankind. Anarchy is a fhort lived mifchief, while defpotifm is all but immortal. It is unquestionably a dreadful remedy, for the people to yield to all their furious paflions, till the fpecfacle of their effects gives ftrength to recovering reafon : but, though it be a dreadful remedy, it is a fure one. No idea can be fuppofed, more pregnant with abfurdity, than that of a whole people taking arms againft each other till they are all exterminated. It is to defpotifm that anarchy is indebted for its fting. If defpo- tifm were not ever watchful for its prey, and mercilefsly prepared to take advantage of the errors of mankind, this ferment, like fo many others, being left to itfelf, would fubfide into an even, . clear and delightful calm. Reafon is at all times progreffive. Nothing can give permanence to error, that does not convert it into an eftabhlhment, and arm it with powers to reuft aa. invafion» CHAP, [ m ] CHAP. XXI. OF THE COMPOSITION OF GOVERNMENT. HOUSES OF ASSEMBLY. — THIS INSTITUTION UNJUST. — DE- LIBERATE PROCEEDING THE PROPER ANTIDOTE. — SEPA- RATION OF LEGISLATIVE AND EXECUTIVE POWER CON- SIDERED. — SUPERIOR IMPORTANCE OF THE LATTER. — FUNCTIONS OF MINISTERS. BOOK V. CHAP. XXI. * , ' Houfes of auembly. f~\ N E of the articles which has been moft eagerly infilled on ^-^ by the advocates of complexity in political inftitutions, is that of " checks, by which a rafh proceeding may be prevented, and the provifions under which mankind have hitherto lived with tranquillity, may not be reverfed without mature delibera- tion." We will fuppofe that the evils of monarchy and arifto- cracy are by this time too notorious to. incline the fpeculative en- quirer to feek for a remedy in either of thefe. " Yet it is poflible, without the inftitution of privileged orders, to find means that may anfwer a fimilar purpofe in this refpect. The reprefenta- tives of the people may be diftributed for example into two afTem- blies ; they may be chofen with this particular view to constitute an upper and a lower houfe, and may be diftinguifhed from each other, either by various qualifications of age or fortune, or by being OF THE COMPOSITION OF GOVERNMENT. 551 being chofen by a greater or fmaller number of ele&ors, or for a national' aflemblies will by nor means be- fcfclff fr ° m thought to deferve our dired approbation,, if we recoiled for a- moment the abfurdity of that fiction by which fociety is con- fidered, as it has been termed, as a moral individual. It is in vain that we endeavour to counteract the immutable laws of neceffity. A multitude of men after all our ingenuity will ftilt remain no more than a multitude of men. Nothing can. intel- lectually unite them fhort of equal capacity and identical percep- tion. So long as the varieties of mind fhall remain, the force of fociety can no otherwife be concentrated, than by one man for a fhorter or a longer term taking the lead of the reft, and. employing their force, whether material or dependent on the. weight of their character, in a mechanical manner, juft as he- would employ the force of a tool or a machine. All govern- ment correfponds in a certain degree to, what the; Greeks deno- minated a tyranny. The difference is, that in defpotic countries mind is depreffed by an- uniform ufurpation ; while in republics - it preferve3 a greater portion of its activity, and the ufurpajion- more eafily conforms itfelf to the fluctuations of opinion. efbelngwett The pretence of collective wifdom is the moft palpable of alL conducted by •thers. impoftures, The acts of the fociety can never rife above the fuggeftions OF NATIONAL ASSEMBLIES. j- 73 fuggeflions of this or that individual who is a member of it. Let BOOK v. 00 CHAP.XXIII.1 us enquire whether fociety, confidered as an agent, can really * * ' become the equal of certain individuals of whom it is compofed* And. here, without flaying to examine what ground we have ta expect that the wifeft member of the fociety will actually take the lead in it, we find two obvious reafons to perfuade us that,,., whatever be the degree of wifdom inherent in him that really fuperintends, the acts which he performs in the name of the fociety will be both lefs virtuous and lefs able, than under other circumftances they might be expected to be. In the firft place* there are few men who,, with the confcioufnefs of being able to cover, their refponfibility under the name of a fociety, will not venture upon meafures, lefs direct in their motives, or lefs jufll-- fiable in the experiment, than they would have chofen to adopt, in .their own perfons. Secondly, men who act under the name of a fociety,. are deprived of that activity and energy which may belong to them in their individual character.. They have a multitude of followers to draw after them, whofe humours they mull confult, and to whofe flownefs of apprehenfion they mufl accommodate themfelves. It is for this reafon that we. frequently fee men of the mod elevated .genius dwindle into vulgar leaders, when they become involved hi the bufy fcenes of public life. From-thefe reafonings we are fufficiently authorifgd to con- Conciufion, tlude, that national affemblies, or. in other words affemblies* inftituted for the joint purpofe. of. adjufting the differences betweer* . 574 OF NATIONAL ASSEMBLIES. BOOK v. between diftrict and diftrict, and of confultine; refpecting the C IAP. XXIII. ° * ° * * ' beft mode of repelling foreign invafion, however neceflary to be had recourfe to upon certain occafions, ought to be employed as fparingly as the nature of the cafe will admit. They fhould either never be elected but upon extraordinary emergencies, like .•the dictator of the ancient Romans, or elfe fit periodically, one day for example in a year, with a power of continuing their feffions within a certain limit ; to hear the complaints and repre- sentations of their constituents. The former of thefe modes is •greatly to be preferred. Several of the reafons already adduced are calculated to fhow, that election itfelf is of a nature not to he employed but when the occafion demands it. There would be no difficulty in fuggefting expedients relative to the regular ■originating of national afiemblies. It would be moft fuitable to paft habits and experience, that a general election fhould take place whenever a certain number of diftricts demanded it. It would be moft agreeable to rigid fimplicity and equity that an aflembly of t two or two hundred diftricts fhould take place, in exact proportion to the number of diftricts by whom that mea- fure was defired. Modiacation It cannot reafonably be denied that all the obje&ions which that refuks have been moft loudly reiterated againft democracy, become null confident- in an application to the form of government which has now been delineated. Here is no opening for tumult, for the tyranny of & multitude drunk with unlimited power, for political ambition oa OF NATIONAL ASSEMBLIES. S7S on the part of the few, or reftlefs jealoufy and precaution on the BOOK V. r J J r CHAP. XXIIV part of the many. Here no demagogue would find a fuitable oc- cafion for rendering the multitude the blind inftrument of his pur- pofes. Men in fucli a ftate of fociety would underftand their happinefs and cherifh it. The true reafon why the mafs of man- kind has fo often been made the dupe of knaves, has been the myfterious and complicated nature of the focial fyftem. Once annihilate the quackery of government, and the mofl homebred underftanding will be prepared to fcorn the fhallow artifices of: the ftate juggler that would miflead him. CHAP, I 576 3 C H A P. XXIV. OF THE DISSOLUTION OF GOVERNMENT. POLITICAL AUTHORITY OF A NATIONAL ASSEMBLY — OF JURIES. — CONSEQUENCE FROM THE WHOLE. chap^xxiv T ^ rema i ns f° r us to confider what is the degree of authority Pdi^i"^* ■*■ neceflary to be veiled in fuch a modified fpecies of national Ldomdat aflembly as we have admitted into our fyflem. Are they to iflue their commands to the different members of the confede- racy ? Or is it fufficient that they fhould invite them to co-ope- rate for the common advantage, and by arguments and addrefles .convince them of the reafonablenefs of the meafures they pro- pofe ? The former of thefe would at firft be neceflary. The latter would afterwards become fufficient. The AmphicTyonie council of Greece poflefled no authority but that which derived from its perfonal character. In proportion as the fpirit of party was extirpated, as the reftleflhefs of public commotion fubfided, and as the political machine became fimple, the voice of reafon would be fecure to be heard. An appeal by the aflembly to the feveral diftri&s would not fail to obtain the approbation of all rea- sonable men, unlefs it contained in it fomething fo evidently queftionable, OF THE DISSOLUTION OF GOVERNMENT. S77 ionable, a! prove abortive. «ueftionable, as to make it perhaps deferable that it fhould BOOK v. n ' r r chap, xxiv This remark leads us one ftep farther. Why fhould not the of juries. fame diftindtion between commands and invitations, which we have juft made in the cafe of national affemblies, be applied to the particular affemblies or juries of the feveral diftricts ? At firft, we will fuppofe, that fome degree of authority and violence would be neceffary. But this neceffity does not arife out of the nature of man, but out of the inftitutions by which he has al- ready been corrupted. Man is not originally vicious. He would not refufe to liften, or to be convinced by the expostulations that are addreffed to him, had he not been accuftomed to regard them as hypocritical, and to conceive that, while his neighbour, his parent and his political governor pretended to be actuated by a pure regard to his intereft, they were in reality, at the expence of bis, promoting their own. Such are the fatal effects of myfteri-' oufnefs and complexity. Simplify the focial fyftem in the man* tier which every motive but thofe of ufurpation and ambition powerfully recommends ; render the plain dictates of juftice level to every capacity ; remove the neceffity of implicit faith j and the whole fpecies will become reafonable and virtuous. It will then be fufficient for juries to recommend a certain mode of adjufting controverfies, without affuming the prerogative of dic- tating that adjustment. It will then, be fufficient for them to in- 4 E rite 57 3 OF THE DISSOLUTION BOOK V. v it e offenders to forfake their errors. If their expoftulations chap. xxiv. r s " ' proved in a few inftances ineffectual, the evils arifing out of this circumftance would be of lefs importance, than thofe which pro- ceed from the perpetual violation of the exercife of private judg- ment. But in reality no evils would arife, for, where the empire of reafon was fo univerfally acknowledged, the offender would either readily yield to the expoftulations of authority ; or, if he refilled, though fuffering no perfonal moleftation, he would feel fo uneafy under the unequivocal difapprobation and obfervant eye of public judgment, as willingly to remove to a fociety more congenial to his errors. Conference The reac ler has probably anticipated me in the ultimate con- from the ' x whole. clufion, from thefe remarks. If juries might at length ceafe to decide and be contented to invite, if force might gradually be withdrawn and reafon trufted alone, fhall we not one day find that juries themfelves and every other fpecies of public inftitu- tion, may be laid afide as unnecefTary ? "Will not the reafonings of one wife man be as effectual as thofe of twelve ? Will not the competence of one individual to inftrucT: his neighbours be a matter of fufficient notoriety, without the formality of an elec- tion ? Will there be many vices to corredr, and much obftinacy to conquer ? This is one of the rnofl memorable ftages of human improvement. With what delight muft every well informed friend of mankind look forward to the aufpicious period, the dif- folution OF GOVERNMENT. 579 folution of political government, of that brute engine, which has BOOK V. r D ' ° CHAP. XXIV, been the only perennial caufe of the vices of mankind, and which, *- as has abundantly appeared in the progrefs of the prefent work, has mifchiefs of various forts incorporated with its fubftance, and no otherwife to be removed than by its utter annihilation ! 4E2 AN A N ENQUIRY CONCERNING POLITICAL JUSTICE. BOOK VI. OF OPINION CONSIDERED AS A SUBJECT OF POLITICAL INSTITUTION. CHAP. I. GENERAL EFFECTS OF THE POLITICAL -SUPERINTENDENCE OF OPINION. ARGUMENTS IN FAVOUR OF THIS SUPERINTENDENCE. ANSWER. — THE EXERTIONS OF SOCIETY IN ITS CORPO- RATE CAPACITY ARE, I. UNWISE — 2. INCAPABLE OF PROPER EFFECT. OF SUMPTUARY LAWS, AGRARIAN LAWS AND REWARDS. — POLITICAL DEGENERACY NOT INCURABLE. — 3. SUPERFLUOUS — IN COMMERCE — IN SPE- CULATIVE ENQUIRY — IN MORALITY. — 4. PERNICIOUS — AS UNDERMINING INTELLECTUAL CAPACITY — AS SUS- PENDING INTELLECTUAL IMPROVEMENT — CONTRARY T« 5 82 GENERAL EFTECTS OF THE Arguments in favour of this fuperin- ttendence. TO THE NATURE OF MORALITY — TO THE NATURE OF MIND. — CONCLUSION. CHApY A PRINCIPLE » which has entered deeply into the fyftems of the writers on political law, is that of the duty of go- vernments to watch over the manners of the people. " Go- vernment," fay they, " plays the part of an unnatural ftep-mo- ther, not of an affectionate parent, when fhe is contented by- rigorous punifhments to avenge the commiffion of a crime, while fhe is wholly inattentive beforehand to imbue the mind with thofe virtuous principles, which might have rendered punifliment unnecefTary. It is the bufinefs of a fage and patriotic magiftracy to have its attention ever alive to the fentiments of the people, to encourage fuch as are favourable to virtue, and to check in the bud fuch as may lead to diforder and corruption. How long ihal'l government be employed to difpfay its terrors, without ever having recourfe to the gentlenefs of invitation ? How long fhall fhe deal in retrofpect and cenfure to the utter neglect of preven- tion and remedy ?" Thefe reafonings have in fome refpe&s gained additional ftrength by means of the lateft improvements and cleareft views upon the fubject of political truth. It has been rendered more evident than in any former period, that govern- ment, inftead of being an object of fecondary consideration, has been the principal vehicle of extenfive and permanent evil to mankind. It was natural therefore to fay, " fince government can produce fo much pofitive mifchief, furely it can do fome po- fitive good." But POLITICAL SUPERINTENDENCE OF OPINION. 5 3 5 But thefe views, however fpecious and agreeable they may in BO° K VL the firft inltance appear, are liable to very ferious queftion. If v >■ ' 11 J * Anfwef. we would not be feduced by vifionary good, we ought here more than ever, to recoiled the principles that have repeatedly been in- filled upon and illuftrated in this work, " that government is in- all cafes an evil," and " that it ought to be introduced as fparingly as poffible." Nothing can be more unqueflionable than that the manners and opinions of mankind are of the utmoft confequence to the general welfare. But it does not follow that government is the inftrument by which they are to be fafhioned. One of the reafons that may lead us to doubt of its fitnefs for T . h r c «ert5wi * of fociety in this purpofe, is to be drawn from the view we have already taken lts cor P onuc r r ' » capacity arc, of fociety confidered as an agent *. A multitude of men may be *' unmfe: feigned to be an individual, but they cannot become a real indi- vidual. The acts which go under the name of the fociety, are really the acts now of one fingle perfon and now of another. The men who by turns ufurp the name of the whole, perpetually act under the preiTure of incumbrances that deprive them of their true energy. They are fettered by the prejudices, the humours, the weaknefs and the vice of thofe with whom they act j and, after a thoufand facrifices to thefe contemptible interefts, their project comes out at laft diftorted in every joint, abortive and monftrous. Society therefore in its corporate capacity' can by n© * Book V, Chap. XXIII, p. 572. meant' 584 GENERAL EFFECTS OF THE BOOK VI. means be bufy and intrufive with impunity, fince its a&s muft- * - — — ' be expected to be deficient in wifdom. 2. incapable Secondly, they will not be lefs deficient in efficacy than they cfltft. are m wifdom. The object at which we are fuppofing them to aim, is to improve the opinions, and through them the manners of mankind ; for manners are nothing elfe but opinions carried out into action : fuch as is the fountain, fuch will be the ftreams that are fupplied from it. But what is it upon which opinion muft be founded ? Surely upon evidence, upon the perceptions of the underftanding. Has fociety then any particular advantage in its corporate capacity for illuminating the underftanding ? Can it convey into its addrefies and expoftulations a compound or fublimate of the wifdom of all its members, fuperior in quality to the individual wifdom of any ? If fo, why have not focieties of men written treatifes of morality, of the philofophy of nature, or the philofophy of mind ? Why have all the great fteps of human improvement been the work of individuals ? If then fociety confidered as an agent have no particular ad- vantage for enlightening the underftanding, the real difference between the difla of fociety and the difla of individuals muft be looked for in the article of authority. But is authority a proper inftrument for influencing the opinions and manners of men ? If laws were a fufficient means for the reformation of error and irice, it is not to be believed but that the world long ere this 6 would POLITICAL SUPERINTENDENCE OF OPINION. 585 would have become the feat of every virtue. Nothing can ^,9?^, V T 1 ' be more eafy than to command men to be juft and good, to love * c ' their neighbours, to pradtife univerfal fincerity, to be content with a little, and to refill the enticements of avarice and ambition. But, when you have done, will the characters of men be altered by your precepts? Thefe commands have been iflued for thou-' fands of years ; and, if it had been decreed that every man fhould be hanged that violated them, it is vehemently to be fufpected that this would not have fecured their influence. But it will be anfwered, " that laws need not deal thus in ge- Of fumptuary laws, agrarian nerals, but may defcend to particular provifions calculated to fe- laws and re- wards, cure their fuccefs. We may inftitute fumptuary laws, limiting the expence of our citizens in drefs and food. We may inftitute agrarian laws, forbidding any man to poflefs more than a certain annual revenue. We may proclaim prizes as the reward of acts of juftice, benevolence and public virtue." And, when we have done this, how far are we really advanced in our career ? If the people be previously inclined to moderation in expence, the laws are a fuperfluous parade. If they are not inclined, who fhall exe- cute them, or prevent their evafion ? It is the misfortune in thefe cafes, that regulations cannot be executed but by individuals of that very people they are meant to reftrain. If the nation at large be infefled with vice, who fhall fecure us a fucceflion of magiftrates that are free from the contagion ? Even if we could Surmount this difficulty, flill it would be vain. Vice is ever more 4 F ingenious 586 GENERAL EFFECTS OF THE BOOK VI. ingenious in evafion, than authority in dete&ion. It is abfurd to CHAP. I. & ' J ^— -v — ' imagine that any law can be executed, that diredly contradicts the propenfities and fpirit of the nation. If vigilance were able fully to countermine the fubterfuges of art, the magiftrates, who thus pertinacioufly adhered to the practice of their duty, would: .not fail to be torn in pieces., What can be more contrary to the move rational principles of human intercourfe than the inquifitorial fpirit which fuch regu- lations imply ? Who mall enter into my houfe, fcrutinife my ex- penditure and count the dimes upon ray table ? Who fhall detect the ftratagems I employ to cove? my real' poffeflion of an enoi> mous income, while I feem to receive but a fmall one ? Not that there is really any thing unjuft and unbecoming, as has been too often fuppofed, in my neighbour's animadverting with the utmofl freedom upon my perfonal conduct. But that fuch regulations include a fyflem of petty watchfulnefs and infpedtion ; not con- tenting themfelves with animadverfion whenever the occafion is prefented, but making it the bufrnefs of one man conftantly to pry into the proceedings of another, the whole depending upon the uniformity with which this is done ; creating a perpetual ftruggle between the reftlefs curiofky of the firft, and the artful concealment of the fecond. By what motives will you make a man an informer ? If by public fpirit and philanthropy inciting* him to brave obloquy and refentment for the fake of duty, will fumptuary laws be very neceflfary among a people thus far ad- vanced POLITICAL SUPERINTENDENCE OF OPINION. 587 vanced in virtue ? If bv finifter and indirect confederations, will B 9P^> VI * 1 CHAP. I. not the vices you propagate be more dangerous than the vices you ' v ' fupprefs ? Such muft be the cafe in extenfive governments : in govern- ments of fmaller dimenfions opinion would be all fufficient ; the infpection of every man over the conduct of his neighbours, when unftained with caprice, would conftitute a cenforfhip of the more irrefiftible nature. But the force of this cenforfhip would depend upon its freedom, not following the pofitive dic- tates of law, but the fpontaneous decifions of the underftand- ing. Again, in the distribution of rewards who fhall fecure u» againft error, partiality and intrigue, converting that which was meant for the fupport of virtue into a new engine for her ruin ? Not to add, that prizes are a very feeble inftrument for the ge-» neration of excellence, always inadequate to its reward where it really exifts, always in danger of being beftowed on its fem- blance, continually mifleading the underftanding by foreign and degenerate motives of avarice and vanity. In truth, the whole fyftem of fuch regulations is a perpetual ftruggle againft the laws of nature and neceffity. Mind will in all inftances be fwayed by its own views and propenfities. No project can be more abfurd, than that of reverfing thefe propen- 4 F 2 fities 5 88 GENERAL EFFECTS OF THE ^OOK VI. f lt j es by t h e interpofition of authority. He that fhould cora- 1 o ' mand a conflagration to ceafe or a tempeft to be ftill, would not difplay more ignorance of the fyftem of the univerfe, than he, who, with a code of regulations, whether general or minute, that he has framed in his clofet, expects to reftore a corrupt and lux- urious people to temperance and virtue. Political de- The force of this argument reflecting the ineflkacy of regu- generacy not incurable. lations has often been felt, and the concluhons that are deduced from it have been in a high degree difcouraging. " The cha- racter of nations," it has been faid, " is unalterable, or at leaft, when once debauched, can never be recovered to purity. Laws are an empty name, when the manners of the people are become corrupt. In vain fhall the wifeft legislator attempt the reforma- tion of his country, when the torrent of profligacy and vice has once broken down the bounds of moderation. There is no longer any inftrument left for the reftoration of fimplicity and frugality. It is ufelefs to declaim againft the evils that arife from inequality of riches and rank, where this inequality has already gained an eftablifhment. A generous fpirit will admire the exertions of a Cato and a Brutus ; but a calculating fpirit will condemn them, as inflicting ufelefs torture upon a patient whofe difeafe is irre- mediable. It was from a view of this truth that the poets de- rived their fictions reflecting the early hiflory of mankind ; well aware that, when luxury was introduced and the fprings of mind unbent, it would be a vain expectation that fhould hope to recal men POLITICAL SUPERINTENDENCE OF OPINION. 589 men from paffion to reaibn, and from effeminacy to energy*." BOOK VI. r J bJ CHAP. 1. But this conclufion from the inefficacy of regulations is fo far ' * ' from being valid, that in reality, A third objection to the pofitive interference of fociety in its 3- fuperflu- corporate capacity for the propagation of truth and virtue is, that fuch interference is altogether unneceflary. Truth and virtue are competent to fight their own battles. They do not need to be nurfed and patronifed by the hand of power. The miftake which has been made in this cafe, is fimilar to in commerce -. the miftake which is now univerfally exploded upon the fubjecl: of commerce. It was long fuppofed that, if any nation defired to extend its trade, the thing moft immediately neceffary was for government to interfere, and inftitute protecting duties, bounties and monopolies. It is now well known that commerce never flourifhes fo much, as when it is delivered from the guardianfhip of legiflators and minifters, and is built upon the principle, not of forcing other people to buy our commodities dear when they might purchafe them elfewhere cheaper and better, but of ourfelves feeling the neceffity of recommending them by their intrinfic advantages. Nothing can be at once fo unreafonable and hopelefs, as to attempt by pofitive regulations to difarm the unalterable laws of the univerfe. Book I, Chap. VIII. The 59° GENERAL EFFECTS OF THE ^P K VI - The fame truth which has been felt under the article of com- . v ~7 — ^T^ merce, has alfo made a confiderable progrefs as to the fubjects ?n ipEeulative ' x o j enquiry: Q f fpgcuiative enquiry. Formerly it was thought that the true religion was to be defended by ads of uniformity, and that one of the principal duties of the magiftrate was to watch the pro- grefs of herefy. It was truly judged that the connexion between error and vice is of the moft intimate nature, and it was con- cluded that no means could be more effectual to prevent men from deviating into error, than to check their wanderings by the fcourge of authority. Thus writerSj whofe political views in other refpects have been uncommonly enlarged, have told us " that men ought indeed to be permitted to think as they pleafe, but not to propagate their pernicious opinions j as they may be permitted to keep poifons in their clofet, but not to offer them to fale under the denomination of cordials *." Or, if humanity have forbidden them to recommend the extirpation of a feet which has already got footing in a country, they have however carneftly advifed the magiftrate to give no quarter to any new extravagance that might be attempted to be introduced f. — The reign of thefe two errors refpecting commerce and theoretical fpeculation is nearly at an end, and it is reafonable to believe that the idea of teaching virtue through the inftrumentality of government will not long furvive them. * Gulliver's Travels, Part II, Chap. VI. \Mably, de la Legijlatiott, Liv. IF, Chap. Ill: des Etats Unis d'Jmerique, Lettre III. All POLITICAL SUPERINTENDENCE OF OPINION. S9 i All that is to be afked on the part of government in behalf of ^° .^ V T I# morality and virtue is a clear ftage upon which for them to exert ' j ufelefs, but pernicious. We have already found that fuch inter- ference is in one view of the fubject ineffectual. But here a diftinction is to be made. Confidered with a view to the intro- duction of any favourable changes in the ftate of fociety, it is altogether impotent. But, though it be inadequate to change, it is powerful to prolong. This property in political regulation is fo far from being doubtful, that tw it alone we are to afcribe all the calamities that government has inflicted on mankind. When regulation coincides with the habits and propenfities of mankind at the time it is introduced, it will be found fufhciently capable of maintaining thofe habits and propenfities in the greater part unaltered for centuries. In this view it is doubly pernicious. as under- fo understand this more accurately, let us apply it to the mining intel- J " ' leftualcapa- ca f e f rewards, which has always been a favourite topic with the advocates of an improved legiflation. How often have we been told, " that talents and virtues would fpring up fpon- taneoufly in a country, one of the objects of whofe constitution mould be to fecure to them an adequate reward ?" Now to judge of the propriety of this aphorifm we fhould begin with recollecting that the difcerning of merit is an individual, and not a focial capacity. What can be more reafonable than that each man for himfelf mould eftimate the merits of his neighbour? To POLITICAL SUPERINTENDENCE OF OPINION. 595 To endeavour to inftitute a general judgment in the name of the B ^P K VI « CHAP, I, whole, and to melt down the different opinions of mankind into v * ""■' one common opinion, appears at .firft fight fo monflrous an attempt, that it is impoffible to augur well of its confequences. Will this judgment be wife, reafonable or juft ? , Wherever each man is accuflomed to decide for himfelf, and the appeal of merit is immediately to the opinion of its contemporaries, there, were it not for the falfe bias of fome pofitive inftitution, we might expect a genuine ardour in him who afpired to excellence, creating and receiving impremons in the judgment of an im- partial audience. We might expect the judgment of the auditors to ripen by perpetual exercife, and mind, ever curious and awake, continually to approach nearer to the ftandard of truth. What do we gain in compenfation for this, by fetting up autho- rity as the general oracle, from which the active mind is to inform itfelf what fort of excellence it fhould feek to acquire, and the public at large what judgment they fhould pronounce upon the efforts of their contemporaries ? What fhould we think of an act of parliament appointing fome particular individual prefident of the court of criticifm, and judge in the laft refort of the literary merit of dramatic compofitions ? Is there any folid reafon why we fhould expect better things, from authority ufurping the examination of moral or political excellence ? Nothing can be more unreafonable than the attempt to retain men in one common opinion by the dictate of authority. The 4 G 2 opinion 596 GENERAL EFFECTS OF THE BOOK VI. opinion thus obtruded upon the minds of the public is not their CPiAa ■ I. K-1 v ' real opinion ; it is only a project by which they are rendered in- capable of forming an opinion. Whenever government aflumes to deliver us from the trouble of thinking for ourfelves, the only confequences it produces are thofe of torpor and imbecility. Wherever truth ftands in the mind unaccompanied by the evi- dence upon which it depends, it cannot properly be faid to be ap- prehended at all. Mind is in this cafe robbed of its efTential cha- racter and genuine employment, and along with them muft be expected to lofe all that which is capable of rendering its opera- tions falutary and admirable. Either mankind will refift the af- fumptions of authority undertaking to fuperintend their opinions, and then thefe affumptions will produce no more than an inef- fectual fbruggle ; or they will fubmit, and then the effects will be injurious. He that in any degree configns to another the tafk of dictating his opinions and his conduct, will ceafe to enquire for himfelf, or his enquiries will be languid and inanimate. Regulations will originally be inftituted in favour either of falfhood or truth. In the firfl cafe no rational enquirer will pre- tend to alledge any thing in their defence ; but, even fhould truth be their object,yetfuch is their nature, that they infallibly defeat the very purpofe they were intended to ferve. Truth, when originally prefented to the mind, is powerful and invigorating ; but, when attempted to be perpetuated by political inftitution, becomes flac- cid and lifelefs. Truth in its unpatronifed ftate ftrengthens and improves POLITICAL SUPERINTENDENCE OF OPINION. 597 improves the underftanding ; becaufe in that ftate it is embraced I J2?? p Y l r " only fo far as it is perceived to be truth. But truth, when recom- * » ' mended by authority, is weakly and irrefolutely embraced. The opinions I entertain are no longer properly my own ; I repeat them as a leffon appropriated by rote, but I do not ftriclly fpeak- ing underftand them, and I am not able to aflign the evidence upon which they reft. My mind is weakened, while it is pre- tended to be improved. Inftead of the firmnefs of independence, I am taught to bow to authority I know not why. Perfons thus trammelled, are not ftriotly fpeaking capable of a fingle virtue. The firft duty of man is to take none of the principles of conduct upon truft, to do nothing without a clear and individual convic- tion that it is right to be done. He that refigns his underftand- ing upon one particular topic, will not exercife it vigoroufly upon ethers. If he be right in any inftance, it will be inadvertently and bv chance. A confeioufnefs of the degradation to which he is fulijedled will perpetually haunt him; or at leaft he will want the confeioufnefs that accrues from independent confideration, and will therefore equally want that intrepid perfeverance, that calm felf approbation that grows out of independence. Such beings are the mere dwarfs and mockery of men, their efforts comparatively pufdlanimous, and the vigour with which they fhould execute their purpofes, fuperficial and hollow. Strangers to conviction, they will never be able to diftinguifh as fufpendmg • i« 1 • n r intellectual between prejudice and reafon. Nor is this the worft. Even improvement : when 598 GENERAL EFFECTS OF THE BOOK VI. vvhen the glimpfes of enquiry fuggeft themfelves, they will not dare to yield to the temptation. To what purpofe enquire, when the law has told me what to believe and what mull be the termination of my enquiries ? Even when opinion properly fo called fuggefts itfelf, I am compelled, if it differ in any degree from the eftablifhed fyftem, to fhut my eyes, and loudly profefs my adherence where I doubt the moft. This compulfion may exift in many different degrees. But, fuppofing it to amount to no more than a very flight temptation to be infincere, what judg- ment muft we form of fuch a regulation either in a moral or in- tellectual view ? of a regulation, inviting men to the profeflion of certain opinions by the proffer of a reward, and deterring them from a fevere examination of their juftice by penalties and difa- bilities ? A fyftem like this does not content itfelf with habitually unnerving the mind of the great mafs of mankind through all its ranks, but provides for its own continuance by debauching or terrifying the few individuals, who, in the midft of the gene- ral emafculation, might retain their curiofity and love of enter- prife. We may judge how pernicious it is in its operation in this refpect by the long reign of papal ufurpation in the dark ages, and the many attacks upon it that were fuppreffed, previ- oufly to the fuccefsful one of Luther. Even yet, how few are there that venture to examine into the foundation of Mahome- tanifm and Chriftianity, or the effects of monarchy and arifto- cratical inftitution, in countries where thofe fyftems are eftablifhed by law ? Suppofing men were free from perfecution for their hoftilities POLITICAL SUPERINTENDENCE OF OPINION. 599 hoftilities in this refpeft, yet the inveftigation could never be im- p^ 01 ^, 1 * partial, while fo many allurements are held out, inviting men to * « ' a decifion in one particular way. To thefe confiderations it fhould be added, that what is right contra, 7 to the n.'.ture of under certain circumftances to-day, may by an alteration in thofe m3rallt y : circumftances become wrong to-morrow. Right and wrong are the refult of certain relations, and thofe relations are founded in the refpettive qualities of the beings to whom they belong. Change thofe qualities, and the relations become altogether dif- ferent. The treatment that I am bound to beftow upon any one depends upon my capacity and his circumflanccs. Increafe the nrft, or vary the fecond, and I am bound to a different treatment. I am bound at prefent to fubject an individual to forcible reftraint, becaufe I am not wife enough by reafon alone to change his vicious propenfities. The moment I can render myfelf wife enough, I ought to confine myfulf to the latter mode. It is per- haps right to fuffer the negroes in the Weft Indies to continue in flavery, till they can be gradually prepared for a ftate of liberty. Univerfally it is a fundamental principle in found political fci- ence, that a nation is beft fitted for the amendment of its civil go- vernment by being made to underftand and defire the advantage of that amendment, and the moment it is fo underftood and de- fired it ought to be introduced. But, if there be any truth in thefe views, nothing can be more adverfe to reafon or incon- 6 fiftent 6oo GENERAL EFFECTS OF THE BOOK VI. fiftent with the nature of man, than pofitive regulations tending CHAP. I. r o o ' » ' to continue a certain mode of proceeding when its utility is gone. to the nature If we would be ftill more completely aware of the pernicious cf mind. tendency of pofitive inftitutions, we ought in the laft place expli- citly to contrail the nature of mind and the nature of govern- ment. It is one of the moft unqueftionable properties of mind to be fufceptible of perpetual improvement. It is the inalienable tendency of pofitive institution, to retain that with which it is converfant for ever in the fame ftate. Is then the perfe&ibility of underftanding an attribute of trivial importance ? Can we recol- lect with coldnefs and indifference the advantages with which this quality is pregnant to the latefh pouerity ? And how are thefe ad- vantages to be fecured ? By inceffant indufhy, by a curiofity never to be difheartened or fatigued, by a fpirit of enquiry to which a fublime and philanthropic mind will allow no paufe„ The circumftance of all others mod necefTary, is that we fhould never ftand ftill, that every thing moft interesting to the general- welfare, wholly delivered from reftraint, fhould be in a ftate of change, moderate and as it were imperceptible, but continual. Is there any thing that can look with a more malignant afpect upon the general welfare, than an inftitution tending to give perma- nence to certain fyftems and opinions ? Such inftitutions are two ways pernicious ; firft, which is moft material, becaufe they render all POLITICAL SUPERINTENDENCE OF OPINION. 60 1 CHAP. I. V > all the future advances of mind Infinitely tedious and operofe ; ^^ fecondly, becaufe, by violently confining the ftream of reflexion, and holding it for a time in an unnatural flate, they compel it at laft to rufh forward with impetuofity, and thus occafion calami- ties, whifih, were it free from reftraint, would be found extremely foreign to its nature. Is it to be believed that, if the interference of pofitive inftitution were out of the queftion, the progrefs of mind in part ages would have been fo flow, as to have ftruck the majority of ingenuous obfervers with defpair ? The fcience of Greece and Rome upon the fubjects of political juftice was in many refpects extremely imperfect : yet could we have been fo long in appropriating their difcoveries, had not the allurements of reward and the menace of perfecution united to induce us, not to truft to the firfl and fair verdict of our own underftandinjrs ? "6" The juft conclufion from the above reafonings is nothing more Condafion. than a confirmation, with fome difference in the mode of applica~ tion, of the fundamental principle, that government is little capable of affording benefit of the firft importance to mankind. It is calculated to induce us to lament, not the apathy and indif- ference, but the inaufpicious activity of government. It in- -cites us to look for the moral improvement of the fpecies, not in the multiplying of regulations, but in their repeal. It teaches us that truth and virtue, like commerce, will then flourifh mod, when leaft fubjected to the miftaken guardianfhip of authority and laws. This maxim will rife upon us in its importance, in 4 H proportion 6o2 GENERAL EFFECTS, &c BOOK VI. proportion as we conned it with the numerous departments of ' * ■ political juftice to which it will be found to have relation. As fail as it fhall be adopted into the practical fyftem of mankind, it will go on to deliver us from a weight intolerable to mind, and in the higher! degree inimical to the progrefs of truth,. CHAR [ 6o 3 ] CHAP. II. OF RELIGIOUS ESTABLISHMENTS. THEIR GENERAL TENDENCY. — EFFECTS ON THE CLERGY I THEY INTRODUCE, I. IMPLICIT FAITH 2. HYPOCRISY: TOPICS BY WHICH AN ADHERENCE TO THEM IS VINDI- CATED. — EFFECTS ON THE LAITY. — APPLICATION. ON E of the mod ftriking inftances of the injurious effects of BOOK V7. CHAP. II. the political patronage of opinion, as it at prefent exifts in * — > «* r n r Their general the world, is to be found in the lyftem of religious conformity, tendency. Let us take our example from the church of England, by the con- flitution of which fubfeription is required from its clergy to thirty- nine articles of precife and dogmatical affertion upon almoft every fubjec~t of moral and metaphyseal enquiry. Here then we have to confider the whole honours and revenues of the church, from the archbifhop who takes precedence next after the princes of the blood royal to the meaneft curate in the nation, as employed in fupport of a fyftemof blind fubmiffion and abject hypocrify. Is there one man through this numerous hierarchy that is at liberty to think for himfelf ? Is there one man among them that can lay his hand upon his heart, and declare, upon bis honour and con- fidence, that his emoluments have no effect in influencing his 4 H 2 judgment ? 604. OF RELIGIOUS ESTABLISHMENTS. B S a o Yl' judgment ? The declaration is literally impoffible. The moPc Cirl-A.P • II. that an honeft man under fuch circumflances can fay is, " I hope not ; I endeavour to be impartial." Effeasonthc Firft, the fyftem of religious conformity is a fyftem of blind clergy: r/r ' . they intra- fubmifhon. In every country polleffing a religious eftablifhment, i. implicit tne ^ ate » fr° m a benevolent care it may be for the manners and opinions of its fubjects, publicly encourages a numerous clafs "of men to the ftudy of morality and virtue. What inftitution, we might naturally be led to enquire, can be more favourable to public happinefs ? Morality and virtue are the moft interefting topics of human fpeculation j and the beft effects might be expected to remit from the circumftance of many perfons, perpetually receiving the moll liberal education, and fetting themfelves apart, for the exprefs cultivation of thefe topics. But unfortunately thefe very men are fettered in the outfet by having a code of propofitions put into their hands, in a con- formity to which all their enquiries muft terminate. The natural tendency of fcience is to increafe from age to age, and proceed from the humbleft beginnings to the moft admirable conclufions. But care is taken in the prefent cafe to anticipate thefe conclufions, and to bind men by promifes and penalties not to improve upon the wifdom of their anceftors. The plan is to guard againft degeneracy and decline, but never to advance. It is founded in the moft fovereign ignorance of the nature of mind, which never fails to do either the one or the other. 5 Secondly, OF RELIGIOUS ESTABLISHMENTS. 605 Secondly, the tendency of a code of religious conformity is to ^„9u VI " CriA.r. II. make men hypocrites. To underftand this it may be ufeful to ^— — ; ' J 2. hypocnfy : recollect the various fubterfuges that have been invented by topics by which an ad- ingenioUS men to apologife for the fubfcription of the Englifh herence to them is vin- clergy. It is obfervable by the way that the articles of the church dlcated. are founded upon the creed of the Calvinifts, though for one hundred and fifty years paft it has been accounted difreputable among the clergy to be of any other than the oppofite, or Arminian tenets. Volumes have been written to prove that, while thefe articles exprefs predeftinarian fentiments, they are capable of a different conflruction, and that the fubfcriber has a right to take advantage of that conflruction. Divines of another clafs have refted their arguments upon the known good character and benevolent intentions of the firft reformers, and have con- cluded that they could never intend to tyrannife over the con- fciences of men, or preclude the refult of farther information. Laftly, there are many who have treated the articles as articles ©f peace, and inferred that, though you did not believe, you might allow yourfelf in the difingenuity of fubferibing them, provided you added to it the farther guilt of conftantly refraining to oppofe what you considered as an adulteration of divine truth. It wiould perhaps be regarded as incredible, if it refted upon the evidence of hiftory alone, that a whole body of men, fet apart as the inftructors of mankind, weaned as they are expected to be from temporal ambition, and maintained from the fuppo- fition v . 1 60S OF RELIGIOUS ESTABLISHMENTS. BOOK vi. fition that the exiftence of human virtue and divine truth CHAP. II. depends on their exertions, fhould with one confent employ themfelves in a cafuiftry, the object of which is to prove the propriety of a man's declaring his aflent to what he does not believe. Thefe men either credit their own fubterfuges, or they do not. If they do not, what can be expected from men fo unprincipled and profligate ? With what front can they exhort other men to virtue, with the brand of vice upon their own foreheads ? If they do, what muft be their portion of moral fenfibility and difeernment ? Can we believe that men (hall enter upon their profeffion with fo notorious a perverfion of reafon and truth, and that no confequences will flow from it to infect their general character ? Rather, can we fail to compare their unnatural and unfortunate ftate, with the profound wifdom and determined virtue which their induftry and exertions would unqueftionably have produced, if they had been left to their genuine operation ? They are like the victims of Circe, to whom human underftanding was preferved entire, that they might more exquifitely feel their degraded condition. They are incited to ftudy and to a thirft after knowledge, at the fame time that the fruits of knowledge are conftantly withheld from their unfuc- cefsful attempts. They are held up to their contemporaries as the profeffors of truth, and political inftitution tyrannically com- mands them, in all the varieties of underftanding and fucceffion of ages, to model themfelves to one common ftandard. Such OF RELIGIOUS ESTABLISHMENTS. 607 Such are the effects that a code of religious conformity pro- £OOK y. L ' CHAP. II. duces upon the clergy themfelves ; let us confider the effects that ^rr * — f r ° J Effetts on the are produced upon their countrymen. They are bid to look k»ty. for inftruction and morality to a denomination of men, formal, embarraffed and hypocritical, in whom the main fpring of intellect is unbent and incapable of action. If the people be not blinded with religious zeal, they will difcover and defpife the imperfec- tions of their fpiritual guidei. If they be fo blinded, they will not the lefs tranfplant into their own characters the imbecil and unworthy fpirit they are not able to detect. Is virtue fo deficient in attractions as to be incapable of gaining adherents to her ftandard ? Far otherwife, Nothing can bring the wifdom of a juft and pure conduct into queftion, but the circumftance of its being recommended to us from an equivocal quarter. The mod malicious enemy of mankind could not have invented a a fcheme more deftructive of their true happinefs, than that of hiring at the expence of the ftate a body of men, whofe bufinefs it mould feem to be to dupe their contemporaries into the practice of virtue One of the leffons that powerful facts are perpetually reading to the inhabitants of fuch countries, is that of duplicity and pre- varication in an order of men, which, if it exift at all, ought to exift only for reverence. Do you think that this prevarication is not a fubject of general notoriety ? Do you think that the firft idea that rifes to the understanding of the multitude at fight of a clergy- 6o8 OF RELIGIOUS ESTABLISHMENTS. BOOK vi. a clergyman, is not that of a man who inculcates certain propo- CHAP. II. . . . 1 v ' fitions, not fo properly becaufe he thinks them true or thinks them interefting, as becaufe he is hired to the employment ? Whatever inftruction a code of religious uniformity may fail to convey, there is one that it always communicates, the wifdom of eftimating an unreferved and difinterefted fmcerity at a very cheap rate. Such are the efFe&s that are produced by political inititution, at a time when it moll zealoufly intends with parental care to guard its fubje&s from fedu&ion and depravity. Application. Thefe arguments do not apply to any particular articles and creeds, but to the very notion of ecclefiaftical eftabliihments in general. Wherever the ftate fets apart a certain revenue for the fupport of religion, it will infallibly be given to the adherents of fome particular opinions, and will operate in the manner of . prizes to induce men at all events to embrace and profefs thofe opinions. Undoubtedly, if I think it right to have a fpiritual inftructor to guide me in my refearches and at ftated intervals to remind me of my duty, I ought to be at liberty to take the proper fteps to fupply myfelf in this refpect. A prieft, who thus derives his muTion from the unbiafTed judgment of his parifhioners, will ftand a chance to poffefs beforehand and inde- pendently of corrupt influence the requifites they demand. But why mould I be compelled to contribute to the fupport of an inftitution, whether I approve of it or no ? If public worfhip be conformable to reafon, reafon without doubt will prove adequate to OF RELIGIOUS ESTABLISHMENTS. 609 to its vindication and fuppoi-t. If it be from God, it is profana- BOOK VI. CHAP. II. tion to imagine that it ftands in need of the alliance of the ftate. >> „ / It muft be in an eminent degree artificial and exotic, if it be in- capable of preferving itfelf in exiftence, othenvife than by the inaufpicious interference of political inftitution. 4 1 CHAP. [ 6io ] CHAP. III. OF THE SUPPRESSION OF ERRONEOUS OPINION IN RELIGION AND GOVERNMENT. OF HERESY. — ARGUMENTS BY WHICH THE SUPPRESSION OF HERESY IS RECOMMENDED. ANSWER. IGNORANCE NOT NECESSARY TO MAKE MEN VIRTUOUS. — DIFFERENCE OF OPINION NOT SUBVERSIVE OF PUBLIC SECURITY. REASON, AND NOT FORCE, THE PROPER CORRECTIVE OF SOPHISTRY. ABSURDITY OF THE ATTEMPT TO RE- STRAIN THOUGHT — TO RESTRAIN THE FREEDOM OF SPEECH. — CONSEQUENCES THAT WOULD RESULT. FAL- LIBILITY OF THE MEN BY WHOM AUTHORITY IS EXER- CISED. — OF ERRONEOUS OPINIONS IN GOVERNMENT. — ■ INIQUITY OF THE ATTEMPT TO RESTRAIN THEM. TENDENCY OF UNLIMITED POLITICAL DISCUSSION. BOOK VI. ' | *HE fame views which have prevailed for the introduction -*- of religious eftablifhments, have inevitably led to the idea CHAP. Ill Ofherefy of provifions againft the rife and progrefs ofherefy. No arguments can be adduced in favour of the political patronage of truth, that will not be equally cogent in behalf of the political difcou- ragement of error. Nay, they will, of the two, be moft cogent in the latter cafe ; for error and mifreprefentation are the irre- concilable OF THE SUPPRESSION, &c. 61 r concllable enemies of virtue, and if authority were the true means Sfjj^ ]'£ to difarm them, there would then at leaft be no need of pofitive ' « '. provifions to affift the triumph of truth. It has however happened that this argument, though more tenable, has had fewer adherents. Men are more eafily reconciled to abufe in the diflribution of rewards, than in the infliction of penalties. It will not therefore be requifite laborioufly to infift upon the refutation of this principle j its difcuflion is principally neceffary for the fake of method. Various arguments have been alledged in defence of this Arguments by which the restraint. " The importance of opinion as a general proportion fuppreffian of nerefy has is notorious and unqueflionable. Ought not political inftitu- been recom- mended. tion to take under its infpe&ion that root from which all our actions are ultimately derived ? The opinions of men mud be expected to be as various as their education and their temper : ought not government to exert its forefight to prevent this dif- cord from breaking out into anarchy and violence ? There is no propofition fo abfurd or fo hoflile to morality and public good, as not to have found its votaries : will there be no danger in fuffering thefe eccentricities to proceed unmolefted, and every perverter of truth and juftice to make as many converts as he is able ? It has been found indeed a hopelefs tafk to endeavour to extirpate by violence errors already eflablifhed ; but is it not the duty of government to prevent their afcendancy, to check the growth of their adherents and the introduction of herefies hitherto unknown ? Can thofe perfons, to whom the care of the 4 I 2 general 6 1 2 OF THE SUPPRESSION OF ERRONEOUS OPINIONS BOOK VI. p-eneral welfare is confided, or who are fitted by their fituation CH'\P. III. ° J * » ' or their talents to fuggeft proper regulations to the adoption of the community, be j unified in conniving at the fpread of fuch, extravagant and pernicious opinions as flrike at the root of order and morality ? Simplicity of mind and an underftanding unde- bauched with fophiftry have ever been the characteriftics of a people among whom virtue has flourifhed : ought not govern- ment to exert itfelf to exclude the inroad of qualities oppofite to thefe ? It is thus that the friends of moral juftice have ever con- templated with horror the progrefs of infidelity and latitudi- narian principles. It was thus that the elder Cato viewed with grief the importation into his own country of that plaufible and loquacious philofophy by which Greece -had already been cor- rupted *." Anfw-er. There are feveral trains of reflexion which thefe reafonin°-s o Ignorance fuggeft. None of them can be more important than that which not neceflary to make men may affift us in detecting the error of the elder Cato, and of »virtuous. other perfons who have been the zealous but miftaken advocates of virtue. Ignorance is not neceflary to render men virtuous. Jf it were, we might reafonably conclude that virtue was an im- pofture, and that it was our duty to free ourfelves from its * The reader will confider this as the language of the objectors. The moft -.-eminent of the Greek philofophers were in reality diftinguifhed from all ether teachers, by die fortitude with which they conformed to the precepts they Mil gilt. fhackles. IN RELIGION AND GOVERNMENT. 613 '{hackles. The cultivation of the understanding has no tendency j£99? Yh « CHAP. III. to corrupt the heart. A man who fhould poflefs all the fcience * v— ' of Newton and all the genius of Shakefpeare, would not on that account be a bad man. Want of great and comprehenfive views had as confiderable a fhare as benevolence in the grief of Cato. It is like the taking to pieces an imperfect machine in order by reconftrudting it to enchance its value. An uninformed and timid fpe&ator would be frightened at the temerity of the artift, at the confufed heap of pins and wheels that were laid afide at random, and would take it for granted that nothing but deftruc- tion would be the confequence. But he would be difappointed. It is thus that the extravagant fallies of mind are the prelude of the highert wifdom, and that the dreams of Ptolemy were deftined to precede the difcoveries of Newton. The event cannot be other than favourable. Mind would elfe ceafe to be mind. It would be more plauiible to fay that the perpetual cultivation of the understanding will terminate in mad- nefs, than that it will terminate in vice. As long as enquiry is fuffered to proceed, and fcience to improve, our knowledge is per- petually increafed. Shall we know every thing elfe, and nothing of ourfelves ? Shall we become clear fighted and penetrating in all other fubjects, without increafing our penetration upon the fubjcft of man ? Is vice raoft truly allied to wifdom or to folly ? Can mankind perpetually increafe in wifdom, without increafing in the knowledge of what it is wife for them to do ? Can a man 1 have 6i4 OF THE SUPPRESSION OF ERRONEOUS OPINIONS BOOK VI. have a clear difcernment, unclouded with any remains of former CHAP. III. ' J v « ' miftake, that this is the action he ought to perform, moll condu- cive to his own intereft and to the general good, moft delightful at the inflant and fatisfa&ory in the review, moft agreeable to rea- fon, juftice and the nature of things, and refrain from perform- ing it ? Every fyftem which has been conftru&ed relative to the nature of fuperior beings and Gods, amidft all its other errors has reafoned truly upon thefe topics, and taught that the increafe of wifdom and knowledge led, not to malignity and tyranny, but to benevolence and juftice. Difference of Secondly, it is a miftake to fuppofe that fpeculative differences opinion not fubverfive of f opinion threaten materially to difturb the peace of fociety. It public fecu- x J J *"y« is only when they are enabled to arm themfelves with the autho- rity of government, to form parties in the ftate, and to ftruggle for that political afcendancy which is too frequently exerted in fupport of or in oppofition to fome particular creed, that they become dangerous. Wherever government is wife enough to maintain an inflexible neutrality, thefe jarring feels are always found to live together with fufficient harmony. The very means that have been employed for the prefervation of order, have been the only means that have led to its difturbance. The moment government refolves to admit of no regulations oppreffive to either party, controverfy finds its level, and appeals to argument and reafon, inftead of appealing to the fword or the ftake. The moment government defcends to wear the badge of a feci:, reli» 3 < g io u* IN RELIGION AND GOVERNMENT. 61$ srious war is commenced, the world is difgraced with inexpiable BOOK VT. s ' ° r CHAP. in. broils and deluged with blood, Thirdly, the injuftice of punifliing men for their opinions and Reafon, and not force, the arguments will be ftill more vifible, if we reflect a little on the na- proper cor- rective of ture of punifhment. Punifliment is one of thofe clafles of coer- fophUhy. cion, the multiplication of which is fo much to be deprecated, and which nothing but the moft urgent neceffity can in any cafe juftify. That neceflity is commonly admitted to exift, where a man has proved by his unjuft actions the injurioufnefs of his cha- racter, and where the injury, the repetition of which is to be ap- prehended, is of fuch a nature as to be committed before we can have fufEcient notice to guard ourfelves againft it. But no fuch necefhty can poflibly exift in the cafe of falfe opinions and per- verfe arguments. Does any man aflert falfhood ? Nothing far-* ther can be defired than that it fhould be confronted with truth. Does he bewilder us with fophiftry ? Introduce the light of rea- fon, and his deceptions will vanifh. There is in this cafe a clear line of diftinction. In the only admiflible province of punifhment force it is true is introduced, but it is only in return for force pre- vioufly exerted. Where argument therefore, erroneous ftate- ments and mifrcprefentation alone are employed, it is by argu- ment only that they muft be encountered. We fhould not be creatures of a rational and intellectual nature, if the victory of truth over error were not ultimately certain. To 616 OF THE SUPPRESSION OF ERRONEOUS OPINIONS BOOK Vl.l To enable us to conceive properly of the value of laws for the CHAP. III. r r j ■ ^TT~r- — \ punifhment of herefy, let us fuppofe a country to be fufficiently the attempt provided with fuch laws, and obferve the refult. The objed is thought: t0 pj-gygnt men from entertaining certain opinions, or in other words from thinking in a certain way. What can be more ab- furd than to undertake to put fetters upon the fubtlety of thought I How frequently does the individual who defires to reftrain it in himfelf, fail in the attempt ? Add to this, that prohibition and menace in this refpecT: do but give new reftleffhefs to the curiofity of the mind. I muft not think of the poffibility, that there is no God ; that the ftupendous miracles of Mofes and Chrift were never really performed ; that the dogmas of the Athanafian creed are erroneous. I mufl fhut my eyes, and run blindly into all the opinions, religious and political, that my anceftors regarded as •facred. Will this in all inftances be poffible ? There is another confideration, trite indeed, but the tritenefs of which is an additional argument of its truth. Swift fays " Men ought to be permitted to think as they pleafe, but not to propagate their pernicious opinions *." The obvious anfwer to this is, " We are much obliged to him : how would he be able to punifh our herefy, even if he defired it, fo long as it was con- cealed ?" The attempt to punifh opinion is abfurd : we may be * See above, Chap. I, p. 590. Stent IN RELIGION AND GOVERNMENT. 617 filent refpecting our conclufions, if we pleafe ; the train of think- r ^?P p k XI' ing-by which thofe conclufions are generated cannot fail to be v * ' filent " But, if men be not punifhed for their thoughts, they may be *° «ftra»n the punifhed for uttering thofe thoughts." No. This is not lefs f P eech - impoffible than the other. By what arguments will you pe'r- fuade every man in the nation to exercife the trade of an in- former ? By what arguments will you perfuade my bofom friend, with whom I repofe all the thoughts of my heart, to repair im- mediately from my company to a magistrate, in order to procure my commitment for fo doing to the prifons of the inquifition ? In countries where this is attempted, there will be a perpetual ftruggle, the government endeavouring to pry into our moft fecret tranfa&ions, and the people bufy to countermine, to out- wit and to deteft their fuperintendents. But the moft valuable confederation which this part of the Confluence* . . that would fubjecT: fuggefts, is, fuppofing all this were done, what judgment refult. muft we form of the people among whom it is done ? Though all this cannot, yet much may be performed; though the em- bryo cannot be annihilated, it may be prevented from ever ex- panding itfelf into the dimenfions of a man. The arguments by which we were fuppofing a fyftem for the xeftraint of opinion to be recommended, were arguments derived from a benevolent -anxiety for the virtue of mankind, and to prevent their degene- 4 K racy. 6i8 OF THE SUPPRESSION OF ERRONEOUS OPINIONS BOOK VI. racy . Will this end be accomplifhed ? Let us contraft a nation CHAP. III. J r * » — J of men, daring to think, to fpeak and to adl what they believe to be right, and fettered with no fpurious motives to diffuade them from right, with a nation that fears to fpeak, and fears to think upon the moft interefting fubjedxs of human enquiry. Can any fpectacle be more degrading than this timidity ? Can men in whom mind is thus annihilated be capable of any good or valu- able purpofe ? Can this moft abjecT: of all flaveries be the genu- ine Hate, the true perfection of the human fpecies ? Fallibility of Another argument, though it has often been ftated to the world, the men by whomautho- deferves to be mentioned in this place. Governments, no more nty is exer- cifed. than individual men, are infallible. The cabinets of princes and the parliaments of kingdoms, if there be any truth in confidera- tions already ftated *, are often lefs likely to be right in their conclusions than the theorift in his clofet. But, difmiffing the eftimate of greater and lefs, it was to be prefumed from the prin- ciples of human nature, and is found true in fad, that cabinets and parliaments are liable to vary from each other in opinion. What fyftem of religion or government has not in its turn been patronifed by national authority ? The confequence therefore of admitting this authority is, not merely attributing to govern- ment a right to impofe fome, but any or all opinions upon the community. Are Paganifm and Chriftianity, the religions of * Book V, Chap. XXIII, p. 572. 8 Mahomet, IN RELIGION AND GOVERNMENT. 619 Mahomet, Zoroafter and Confucius, are monarchy and arifto- BOOK VI. ' ' ; CHAP. III. cracy in all their forms equally worthy to be perpetuated among ' 1 ' mankind ? Is it quite certain that the greateft of all human cala- mities is change ? Muft we never hope for any advance, any im- provement ? Have no revolution in government, and no reforma- tion in religion been productive of more benefit than difadvan- tage ? There is no fpecies of reafoning in defence of the fuppref- fion of herefy which may not be brought back to this monflrous principle, that the knowlege of truth and the introduction of right principles of policy, are circumftances altogether indifferent to the welfare of mankind. The fame reafonings that are here employed againfl. the forcible Of erroneous opinions in fuppreffion of religious herefy, will be found equally valid with government, refpedt to political. The firft circumftance that will not fail to iniquity of • • n r\ • j • tin r r- the attempt to fuggeft ltfelf to every reflecting mind, is, What fort of conftitu- reftntfn them. tion muft that be which muft never be examined ? whofe excel- lencies muft be the conftant topic of eulogium, but refpe&ing which we muft never permit ourfelves to enquire in what they confift ? Can it be the intereft of fociety to profcribe all invefti- gation reflecting the wifdom of its regulations ? Or muft our de- bates be occupied with provifions of temporary convenience ; and are we forbid to aft;, whether there may not be fomething fundamentally wrong in the defign of the ftructure ? Reafon and good fenfe will not fail to augur ill of that fyftem of things 4 K 2 which foo OF THE SUPPRESSION OF ERRONEOUS OPINIONS BOOK VI. which is too facred to be looked into : and to fufpeet that there CHAP. III. * **- — * ' muft be fomething eflentially weak that thus fhrinks from the eye of curiofity. Add to which, that, however: we may doubt of the importance of religious difputes, nothing can lefs reafon- ably be expofed to queftion than that the happinefs of mankind is eflentially connected with the improvement of. political fcience. Tendency of « g ut w ;u not demagogues and declaimers lead to the fub- unlimited po- inieal difcuf- verfion of all order, and introduce the moll dreadful calamities ?" Son. ' What is the ftate they will introduce ? Monarchy and ariftocracy are fome of the moft extenfive and lafting mifchiefs that have yet afflicted mankind. Will thefe demagogues perfuade their hearers to inftitute a new dynafty of hereditary defpots to op- prefs them ? Will they perfuade them to create out of their own. body a fet of feudal chiefs to -hold their brethren in the moft barbarous flavery ? They would probably find the moft copious- eloquence, inadequate to thefe purpofes. The arguments of declaimers will not produce an extenfive and ftriking alteratioa in political opinions, except fo far as they are built upon a bafis. of irrefiftible truth.. Even if the people were in fome degree intemperate in carrying the conclufions of thefe reafoners into practice, the mifchiefs they would inflict would be inexpreffibly- trivial, compared with thofe which are hourly perpetrated by the moft cold blooded defpptifm. But in reality the duty of go- vernment IN RELIGION AND GOVERNMENT. 621 vernment in thefe cafes is to be mild and equitable. Arguments BOOK VI. 1 & CHAP. III. alone will not have the power, unaflifted by the fenfe or the re- v v ' colle&ion of oppreffion or- treachery, to hurry the people into ex- ceffes. ExcefTes are never the offspring of reafon, are never the offspring of mifreprefentation only, but of power endeavouring to ftifle reafon and traverfe.the common fenfe of mankind. CHAP. [ 622 ] CHAP. IV. OF TESTS. THEIR SUPPOSED ADVANTAGES ARE ATTENDED WITH IN- JUSTICE ARE NUGATORY. ILLUSTRATION. THEIR DISADVANTAGES THEY ENSNARE. EXAMPLE. SE- COND EXAMPLE. THEY ARE AN USURPATION. — INFLU- ENCE OF TESTS ON THE LATITUDINARI AN — ON THE PURIST. CONCLUSION. CHAP. IV. BOOK VI. ' | ^ H E majority of the arguments above employed on the fubjecT: of penal laws in matters of opinion are equally applicable to tefis, religious and political. The diftin&ion be- tween prizes and penalties, between greater and lefs, is little worthy of our attention, if any difcouragement extended to the curioiity of intelledt, and any authoritative countenance afforded to one fet of opinions in preference to another, be in its own nature unjuft, and evidently hoftile to the general good. Leaving out of the consideration religious tefts, as being al- ready fufhciently elucidated in the preceding difcuffion *, let us attend for a moment to an article which has had its advocates * Chap. II. among O F T E S T S. 623 among men of confiderable liberality, the fuppofed propriety of BOOK vr. C- H A 1 . IV. political tefts. " What, fhall we have no federal oaths, no oaths ' ' of fidelity to the nation, the law and the republic ? How in that cafe fhall we ever diftinguifh between the enemies and the friends of freedom ?" Certainly there cannot be a method devifed at once more inef- Their fup- pofed advan- feclual and iniquitous than a federal oath. What is the Ian- tages are . at * ti.nded with guage that in ftrictnefs of interpretation belongs to the act of the i-ijuftice : legiflature impofmg this oath ? To one party it fays, " We know very well that you are our friends ; the oath as it relates to you we acknowledge to be altogether fuperiiuous ; nevcrthelefs you muft take it, as a cover to our indirect purpofes in impofmg it upon perfons whofe views are lefs unequivocal than yours." To the other party it fays, " It is vehemently fufpected that you are inimical to the caufe in which we are engaged : this fuipicion is either true or falfe ; if falfe, we ought not to fufpect you, and much lefs ought we to put you to this invidious and nugatory purgation; if true, you will either candidly confefs your differ- ence, or difhoneftly prevaricate : be candid, and we will indig- nantly banifh you ; be difhoneft, and we will receive you as bofom friends." Thofe who fay this however promife too much. Duty and are nugatory. . common fenfe oblige us to watch the man we fufpect, even though he fhould fwear he is innocent. Would not the fame precautions 624 OP TEST S. EOOK VI. precautions which we are ftill obliged to employ to fecure us CHAP. iv. r . againft his duplicity, have fufficiently anfwered our purpofe with- out putting him to his purgation ? Are there no methods by which we can find out whether a man be the proper fubjecT: in whom to repofe an important truft without putting the queftion to hhn- felf? Will not he, who is fo dangerous an enemy that we can- not fuffer him at large, difcover his enmity by his conduct, without reducing us to the painful neceffity of tempting him to an a£h of prevarication ? If he be fofubtle a hypocrite that all our vigilance cannot detect him, will he fcruple to add to his other crimes the crime of perjury ? Whether the teft we impofe be merely intended to operate as an exclufion from office, or to any more confiderable difadvan- tage, the difability it introduces is ftill in the nature of a punifh- ment. It treats the individual in queftion as an unfound mem- ber of fociety, as diftinguifhed [in an unfavourable fenfe from the multitude of his countrymen, and pofleffing certain attri- butes detrimental to the general good. In the eye of reafon human nature is capable of no other guilt than this*. Society is authorifed to animadvert upon a certain individual, in the cafe of murder for example, not becaufe he has done an action that he might have avoided, not becaufe he was fufficiently informed of the better and obftinately chofe the worfe j for this is impoffi- * Book IV, Chap. VI. i ble, O F T E S T S. 625 ble, every man neceflarily does that which he at the time appre- book VI. CHAP. IV. heads to be beft : but becaufe his habits and character render «— ^ — ' him dangerous to fociety, in the fame fenfe as a wolf or a blight would be dangerous *. It muft no doubt be an emergency of no common magnitude, that can juftify a people in putting a mark of difpleafure upon a man for the opinions he entertains, be they what they may. But, taking for granted for the prefent the reafonablenefs of this proceeding, it would certainly be juft 'as equitable for the government to adminifter to the man accufed for murder an oath of purgation, as to the man accufed of difaffection to the eftablifhed order of fociety. There cannot be a principle of juftice clearer than this, that no man can be called on in order to punifhment to accufe himfelf. Thefe reafonings being particularly applicable to a people in Illuftrauon. a Hate of revolution like the French, it may perhaps be allowable to take from their revolution an example of the injurious and enfnaring effects with which tefts and oaths of fidelity are ufually attended. It was required of all men to fwear " that they would be faithful to the nation, the law and the king." In what fenfe can they be faid to have adhered to their oath, who, twelve months after their conftitution had been eftablifhed on its new bafis, have taken a fecond oath, declaratory of their everlafting abjuration of monarchy ? What fort of efted, favourable or un- * Book IV, Chap. VI. 4 L favourable ? 626 OF TESTS. BOOK VI. favourable? muft this precarious mutability hi their folemn ? J. j appeals to heaven have upon the minds of thofe by whom they are made! Their difad- And this leads us from the confideration of the fuppofed" ad- vantages : vantages of tefts religious and political, to their real difadvantages. theyenfnare: The firft of thefe difadvantages confifts in the impoffibility of eonftrucling a teft in fuch a manner, as to fuit the various opinions of thofe upon whom it is impofed, and not to be liable example : to reafonable objection. When the law was repealed impofing upon the diffenting clergy of England a fubfeription with certain refervations. to the articles of the eftablifhed church, an attempt was made to invent an unexceptionable teft that might be fubfti- tuted in its room. This teft fimply affirmed, " that the books of the Old and New Teftament in the opinion of the perfon who took it contained a revelation from God;" and it was fuppofed that no Chriftian could fcruple fuch a declaration. But is it impoflible that I fhould be a Chriftian, and yet doubt of the canonical authority of the amatory eclogues of Solomon, or of certain other books contained in a fele&ion that was origi- nally made in a very arbitrary manner ? " Still however I may take the teft, with a perfuafion that the books of the Old and New Teftament contain a revelation from God, and fomething more." In the fame fenfe I might take it, even if the Alcoran, the Talmud and the facred books of the Hindoos were added to the lift. What fort of influence will be produced upon the 2 mind O F T E S T S. 627 mind that is accuftomed to this loofenefs of conftru&ion in its BOOK VI. CHAP. IV. mod folemn engagements ? ' , • Let us examine with the fame view die federal oath of the fecond ex- ample : French, proclaiming the determination of the fwearer " to be faithful to the nation, the law and the king." Fidelity to three feveral interefts which may in various cafes be placed in oppofi- tion to each other will appear at firft fight to be no very reafonable engagement. The propriety of vowing fidelity to the king has already been brought to the trial and received its condemna- tion *. Fidelity to the law is an engagement of fo complicated a nature, as to ftrike terror into every mind of ferious reflection. It is impoffible that a fyftem of law the compofition of men fliould ever be prefented to fuch a mind, that fhall appear alto- gether faultlefs. But, with refpect to laws that appear to me to be unjuft, I am bound to every fort of hoftility fhort of open violence, I am bound to exert myfelf inceffantly in proportion to the magnitude of the injuftice for their abolition. Fidelity to the nation is an engagement fcarcely lefs equivocal. I have a paramount engagement to the caufe of juftice and the benefit of the human race. If the nation undertake what is unjuft, fidelity in that undertaking is a crime. If it undertake what is juft, it is my duty to promote its fuccefs, not becaufe I am one of its citizens, but becaufe fuch is the command of juftice. * Eook V, Chap. II.— VIII. 4 L 2 Add 623 OF TESTS. BOOK VI. CHAP. IV. V J v they are ati ufurpationt Add to this what has been already faid upon the fubjedt of obe- dience *, and it will be fufficiently evident that all tefts are the off- fpring of ufurpation. Government has in no cafe a right to iflue its commands, and therefore cannot command me to take a; certain oath. Its only, legal functions are, to impofe upon me a certain degree of reftraint whenever I manifeft by my a&ions a temper detrimental to the community, and to invite me to a cer- tain contribution for purpofes conducive to the general intereftv influence of it mav be alledged with refpe£t to the French federal oath, as tefls on the J o r latitudina- we u as vvith refpecl: to the religious teft before cited, that it may nan: A * be taken with a certain laxity of interpretation. When I fwear fidelity to the law, I may mean only that there are certain parts of it that I approve. When I fwear fidelity to the nation, the law and the king, I may mean fo far only as thefe three autho- rities mall agree with each other, and all of them agree with the general welfare of mankind. In a word the final refult of this laxity of interpretation explains the oath to mean, " I fwear that I believe it is my duty to do every thing that appears to me to be juft." Who can look without indignation and regret at this proflitution of language ? Who can think without horror of the confequences of the public and perpetual leflbn of dupli- city which is thus read to mankind ? onthepurift. B u t } fuppofing there fhould be certain members of the com- * Book III, Chap. VI. munity OF TESTS. 629 munity fimple and uninftructed enough to conceive that an oath BOOK vi. contained fome real obligation, and did not leave the duty of v . - v * the perfon to whom it was adminiftered precifely where it found it, what is the leflbn that would be read to fuch members ? They would liften with horror to the man who endeavoured to perfuade them that they owed no fidelity to the nation, the law and the king, as to one who was inftigating them to facrilege. They would tell him that it was too late, and that they mull not allow themfelves to hear his arguments. They would per- haps have heard enough before their alarm commenced, to make them look with envy on the happy ftate of this man, who was free to liften to the communications of others without terror, who could give a loofe to his thoughts, and intrepidly follow the courfe of his enquiries wherever they led him. For them- felves they had promifed to think no more for the reft of their lives. Compliance indeed in this cafe is impoflible ; but will a vow of inviolable adherence to a certain conftitution have no effect in checking the vigour of their contemplations and the elasticity of their minds ? We put a miferable deception upon ourfelves, when we Conclufion. promife ourfelves the moft favourable effects from the abolition of monarchy and ariftocracy, and retain this wretched fyftem of tefts, overturning in the apprehenfions of mankind at large the fundamental diftinctions of juftice and injuftice. Sincerity is not lefs effential than equality to the well being of mankind, $ A govern- 6«o O F T E S T & 'j BOOK VI. A government, that is perpetually furnifhing motives to jefu- CHAP IV. itilm and hypocrify, is not lefs abhorrent to right reafon, than a government of orders and hereditary diftin&ion. It is not eafy to imagine how foon men would become frank, explicit in their declarations, and unreferved in their manners, were there no pofitive inftitutions inculcating upon them the neceflity of fait- hood and difguife. Nor is it poflible for any language to defcribe the inexhauftible benefits that would arife from the uni- yerfal practice of fincerity. CHAP. [ 63 1 ] CHAP. V. OF OAT H S„ OATHS OF OFFICE AND DUTY — THEIR ABSURDITY- THEIR IMMORAL CONSEQUENCES^ — OATHS OF EVIDENCE LESS ATROCIOUS.— OPINION OF THE LIBERAL AND RESOL- VED RESPECTING- THEM. THEIR. ESSENTIAL FEATURES: CONTEMPT OF VERACITY FALSE MORALITY. THEIR. PARTICULAR STRUCTURE — ABSTRACT PRINCIPLES AS- SUMED BY THEM TO BE TRUE THEIR INCONSISTENCY. WITH THESE PRINCIPLES. THE fame arguments that prove the injuftlce of tefts, may book VT. CHAP V be applied univerfally to all oaths of duty and office. If t * j I entered upon the office without an oath,, what would be my office and duty ? Can the oath that is impofed upon me make any altera- ; ' tion in my duty ? If not,, does not the very act of impofing it, di*y ! by implication, affert a. falfhood ? Will this falfhood, the aflertion that a direct, engagement has a tendency to create a duty,, have no injurious effect: upon a majority of the perfons concerned ? What is the true criterion that I mall faithfully difcharge the office that is conferred- upon me ? Surely my paft life, and not any proteftations I may be compelled to make. If my life have. been 63* OF OATHS. B^°KVI. been unimpeachable, this compulfion is an unmerited infult : if * ■ v ' it have been otherwife, it is fomething worfe. .•their Immoral It is with no common difapprobation that we recollect the •eonfequence?. proftitution of oaths which marks the hiftory of modern Euro- pean countries, and particularly of our own. This is one of the means that government employs to difcharge itfelf of its proper functions, by making each man fecurity for himfelf. It is one of the means that legiflators have provided to cover the ineffi- ciency and abfurdity of their regulations, by making individuals promife the execution of that which the police is not able to execute. It holds out in one hand the temptation to do wrong, and in the other the obligation impofed not to be influenced by that temptation. It compels a man to engage not only for his own conduct, but for that of all his dependents. It obliges certain officers (church-wardens in particular) to promife an inflection beyond the limits of human faculties, and to engage for a proceeding on the part of thofe under their jurifdiclion, which they neither intend nor are expected to inforce. "Will it be believed in after ages that every confiderable trader in excife- .able articles in this country is induced by the conftitution of its government to reconcile his mind to the guilt of perjury, as to the condition upon which he is accuftomed to exercife his profeflion ? Oaths of evi- There remains only one fpecies of oaths to be confidered, Mi atrocious. wracri have found their advocates among perfons fufficiently en- lightened OF OATHS, 6 33 lightened to reject every other fpecles of oath, I mean, oaths ad- BOOK VI. CHAP V miniftered to a witnefs in a court of juftice. Thefe are certainly v—v-! > free from many of the objections that apply to oaths of fidelity, duty or office. They do not call upon a man to declare his aiTent to a certain propofition which the legiflator has prepared for his acceptance ; they only require him folemnly to pledge himfelf to the truth of aflertions, dictated by his own apprehenfion of things, and exprefTed in his own words. They do not require him to engage for fomething future, and of confequence to fhut up his mind againft farther information as to what his conduct in that future ought to be ; but merely to pledge his veracity to the ap- prehended order of things paft. Thefe confederations palliate the evil, but do not convert it into Opinion of r • the liberal good. Wherever men of uncommon energy and dignity of mind andrefbived refpefting have exifted, they have felt the degradation of binding their after- them, tions with an oath. The Englifh conftitution recognifes in a partial and imperfect manner the force of this principle, and therefore provides that, while the commin herd of mankind fhall be obliged to fwear to the truth, nothing more fhall be required from th er of nobles than a declaration upon honour. Will reafon juftii -" this diflinction? Can there be a practice more pregnant with falfe morality than Their eflen- tial features: that of adminiftering oaths in a court of juftice ? The language it contempt of veracity : cxprefsly holds is, " You are not to be believed upon your mere 4 M word;" 634- OF OATHS. BOOK VI. W ord ;" and there are few men firm enough refolutely to pre-- * v f ferve themfelves from contamination, when they are accuftomed upon the moft folemn occafions to be treated with contempt. To the unthinking it comes like a plenary indulgence to the occafional tampering with veracity in affairs of daily occurrence, that they are not upon their oath ; and we may affirm without rifk of error, that there is no caufe of infincerity, prevarication and falfhood more powerful, than the practice of administering oaths in a court of juftice. It treats veracity in the affairs of common,; life as a thing unworthy to be regarded. It takes for granted that no man, at leaft no man of plebeian rank, is to be credited upon his bare affirmation ; and what it takes for granted it has an irrefiftible tendency to produce. falfe morality. Add to this a feature that runs through all the abufes of poli- tical inftitution, it inverts the eternal principles of morality. Why is it that I am bound to be more efpecially careful of what I affirm in a court of \ juftice ? Becaufe the fubfiftence, the honeft reputation or the life of a fellow man may be materially affected by it. All thefe genuine motives are by the contrivance of human inftitution thrown into made, and we are expected to fpeak the truth, only becaufe government demands it of us upon oath, and at the times in which government has thought proper or recol- lected to adminifter this oath. All attempts to ftrengthen the obligations of morality by fictitious and fpurious motives, will in the fequel be found to have no tendency but to relax them. 4 Men OF OATHS. 635 Men will never act with that liberal iuftice and confcious inte- BOOK vi. J CHAP. v. grity which is their higheft ornament, till they come to under- Hand what men are. He that contaminates his lips with an oath, mull have been thoroughly fortified with previous moral inftruc- tion, if he be able afterwards to underftand the beauty of an eafy and fimple integrity. If our political inflitutors had been but half fo judicious in perceiving the manner in which excellence and worth were to be generated, as they have been ingenious and indefatigable in the means of depraving mankind, the world, in- ftead of a Daughter houfe, would have been a paradife. Let us leave for a moment the general confideration of the Thar parti- cular ftruc- principle of oaths, to reflect upon their particular ftructure and tu,e : abftraft prin- the precife meaning of the term. They take for granted in the dplesaflumed by them to be firft place the exiftence of an invifible governor of the world, and true : the propriety of our addreffing petitions to him, both which a man may deny, and yet continue a good member of fociety. What is the fituation in which the inftitution of which we treat places this man ? But we muft not fuffer ourfelves to be flopped by trivial confiderations. — Oaths are alfo fo conflructed as to take for granted the religious fyftem of the country whatever it may happen to be. Now what are the words with which we are taught in this in- their Incon- ftanceto addrefs the creator of the univerfe ? " So help me God, thefeprin- ciplcs -and the contents of his holy word." It is the language of im- 4 M 2 precation. C 3 6 O F O A T H S. BOOK VI. precation. I pray him to pour down his everlafting wrath and \ j curfe upon me, if I utter a lie. — It were to be wifhed that the name of that man were recorded, who firft invented this mode of binding men to veracity. He had furely himfelf but very light and contemptuous notions of the Supreme Being, who could thus tempt men to infult him, by braving his juftice. If it be our duty to invoke his bleffing, yet there mull furely be fome- thing infupportably profane in wantonly and unneceflarily putting all that he is able to inflict upon us upon conditions. CHAP. [ 637 J CHAP. VI. OF LIBELS. PUBLIC LIBELS. — INJUSTICE OF AN ATTEMPT TO PRESCRIBE THE METHOD IN WHICH PUBLIC QUESTIONS SHALL BE DISCUSSED — ITS PUSILLANIMITY. INVITATIONS TO TUMULT. — PRIVATE LIBELS. — REASONS IN FAVOUR OF THEIR BEING SUBJECTED TO RESTRAINT. — ANSWER. J. IT IS NECESSARY THE TRUTH SHOULD BE TOLD. SA- LUTARY EFFECTS OF THE UNRESTRAINED INVESTIGA- TION OF CHARACTER. OBJECTION: FREEDOM OF SPEECH WOULD. BE PRODUCTIVE OF CALUMNY, NOT OF JUST IC: —ANSWER. — FUTURE HISTORY OF LIBEL. 2. IT IS NECESSARY MEN SHOULD BE TAUGHT TO BE SINCERE. EXTENT OF THE EVIL WHICH ARISES FROM A COM- MAND TO -BE INSINCERE. THE MIND SPONTANEOUSLY SHRINKS FROM THE PROSECUTION OF A LIBEL. CON- CLUSION. IN the examination already beftowed upon the article of he- BOOK VS. CHAP. vi. refy political and religious *, we have anticipated one of the * ^ — ' Public libels* two heads of the law of libel ; and, if the arguments there adduced be admitted for valid, it will follow that no punifhment can juftly * Chnp. HL be 638 O F L I B E L S. BOOKVI. be awarded againft any writing or words derogatory to religion CHAP.VI. or political government. Injuftice of It is impoflible to eftablifh any folid ground of diftin&ion an attempt to prefcribe the upon this fubje£t, or to lay down rules in conformity to which method in which public the argument muft be treated. It is impoffible to tell me, when queftions fhaii be dif- I am penetrated with the magnitude of the fubje£t, that I muft be cu(Ted_: logical and not eloquent } or when I feel the abfurdity of the the- ory I am combating, that I muft not exprefs it in terms that may produce feelings of ridicule in my readers. It were better to for- bid me the difcuflion of the fubjedr. altogether, than forbid me to defcribe it in the manner I conceive to be moft fuitable to its me- rits. It would be a moft tyrannical fpecies of candour to tell me, ■ „' '■> the lifts with falmood. It is felf evident, that that which will mity. ftand the teft of examination, cannot need the fupport of penal ftatutes. After our adverfaries have exhaufted their eloquence and exerted themfelves to miflead us, truth has a clear, nervous and fimple ftory to tell, which, if force be excluded on all fides, will not fail to put down their arts. Mifreprefentation will fpeedily vanifh, if the friends of truth be but half as alert as the advo- cates of falihood. Surely then it is a moft ungracious plea to offer, " We are too idle to reafon with you, we are therefore de- termined lo lilence you by force." So long as the adverfaries of juftice confine themfelves to expoftulation, there can be no ground for ferious alarm. As foon as they begin to ac~l with violence and riot, it will then be time enough to encounter them with force. There is however one particular clafs of libel that feems to de- Imitations to , , . tumult. mand a feparate confideration. A libel may either not confine it- felf to any fpecies of illuftration of religion or government, or it may leave illuftration entirely out of its view. Its object maybe to invite a multitude of perfons to affemble, as the firft ftep to- wards acts of violence. A public libel is any fpecies of writing in which the wifdom of fome eftablifhed fyftem is controverted ; and it cannot be denied that a difpaffionate and fevere demonftra- tion cf its injuftice tends, not lefs than the moft alarming tumult,. to 640 O F L I B E L S. BOOK vi. to the deftruction of fuch inftitutions. But writing and fpeech CHAP. VI. * v — * are the proper and becoming methods of operating changes in human fociety, and tumult is an improper and equivocal method. In the cafe then of the fpecific preparations of riot, it fhould feem that the regular force of the fociety may lawfully interfere. But this interference may be of two kinds. It may confift of precau- tions to counteract all tumultuous concourfe, or it may arraign the individual for the offence he has committed againfl: the peace of the community. The firft of thefe feems fufficiently com- mendable and wife, and would, if vigilantly exerted, be in al- mofl all cafes adequate to the purpofe. The fecond is attended with fome difficulty. A libel the avowed intention of which is to lead to immediate violence, is altogether different from a pub- lication in which the general merits of any inflitution are treated with the utmofl freedom, and may well be fuppofed to fall under different rules. The difficulty here arifes only from the confe- deration of the general nature of punifhment, which is abhorrent to the true principles of mind, and ought to be reftrained within as narrow limits as poffible, if not inftantly abolifhed *. A dis- tinction to which obfervation and experience in cafes of judicial proceeding have uniformly led, is that between crimes that exift only in intention, and overt ads. So far as prevention only is concerned, the former would feem in many cafes not lefs entitled to the animadverfion of fociety than the latter ; but the evidence ©f intention ufually refts upon circumftances equivocal and mi- * See the following Book. nute, OF LIBELS, 641 pute, and the friend of juftice will tremble to erect any grave pro- BOOK VI. ceeding upon fo uncertain a balls. It might be added, that he > . » who fays that every honeft citizen of London ought to repair to St. George's Fields to-morrow in arms, only fays what he thinks is beft to be done, and what the laws of fmcerity oblige him to utter. But this argument is of a general nature, and applies to every thing that is denominated crime, not to the fuppofed crime of inflammatory invitations in particular. He that performs any action, does that which he thinks is beft to be done ; and, if the peace of fociety make it neceflary that he fhould be restrained from this by threats of violence, the neceffity is of a very painful nature. It fhould be remembered that the whole^of thefe rea- fonings fuppofe that the tumult is an evil, and will produce more difadvantage than benelit, which is no doubt frequently, but may not be always, the cafe. It cannot be too often recollected, that there is in no cafe a right of doing wrong, a right to punifh for a meritorious action. Every government, as well as every indivi- dual, muft follow their own apprehenfions of juftice, at the peril of being miftaken, unjuft and confequently vicious*. — Thefe rea- fonings on exhortations to tumult, will alfo be found applicable with flight variation to incendiary letters addrefled to private perfons. But the law of libel, as we have already faid, diftributes itfelf Priratc libels, into two heads, libels againft public eftablifhments and meafures and libels againft private character. Thofe who have been willing * Book II, Chap. III. 4 N to 6 4 2 ' OF LIBELS, BOOK VI. to admit that the firft ought to pafs unpunifhed, have generally i j afferted the propriety of counteracting the latter by cenfures and penalties. It ihall be the bufinefs of the remainder of this chap- ter to fhow that they were erroneous in their decifion. Reafons in The arguments upon which their decifion is built mull be al- favour of their being fub- lowed to be both popular and impreffive. " There is no exter- jefted to re- ftraint. nal poffeflion more folid or more valuable than an honeft fame. My property, in goods or eftate, is appropriated only by conven- tion. Its value is for the moll part the creature of a debauched imagination ; and, if I were fufficiently wife and philofophical, he that deprived me of it would do me very little injury. He that inflifts a ftab upon my character is a much more formidable enemy. It is a very ferious inconvenience that my countrymen fhould regard me as deflitute of principle and honefty. If the mifchief were entirely to myfelf, it is not poffible to be regarded with levity. I mull be void of all fenfe of juflice, if I were cal- lous to the contempt and deteflation of the world. I mull ceafe to be a man, if I were unaffected by the calumny that deprived" me of the friend I loved, and left me perhaps without one bofom in which -to repofe my fympathies. But this is not all. The fame Uroke that annihilates my character, extremely abridges, if it do not annihilate, my ufefulnefs. It is in vain that I would exert my good intentions and my talents for the affiflance of others, if my motives be perpetually mifinterpreted. Men will not liften to the arguments of him they delpife j he will be 5 fpurned v O F L I B E L S. 643 fpurned during life, and execrated as long as his memory endures. BOOK vr. . . CHAP. VI. What then are we to conclude but that to an injury, greater than \ v -...> robbery, greater perhaps than murder, we ought to award an ex- emplary punifhment ?" The anfwer to this ftatement may be given in the form of an Anfwer. illuftration of two propofitions : firft, that it is neceflary the truth fhould be told ; fecondly, that it is neceflary men ihould be taught to be fincere. Firft, it is neceflary the truth fhould be told. How can this >• Tt is ne- ceflary the ever be done, if I be forbidden to fpeak upon more than one fide *"* ftouli be told. of the queftion ? The cafe is here exactly flmilar to the cafe of religion and political eftablifhment. If we mufl always hear the praife of things as they are, and allow no man to urge an objec- tion, we may be lulled into torpid tranquillity, but we can never be wife. If a veil of partial favour is to be drawn over the errors of mankind, it is eafy to perceive whether virtue or vice will be the gainer. There is no terror that comes home to the heart of vice, like the terror of being exhibited to the public eye. On the con- trary there is no reward worthy to be beftowed upon eminent virtue but this one, the plain, unvarnifhed proclamation of its ex- cellence in the face of the world. 4 N 2 If 644 O F L I B E L S. BOOK vi. If the unreftrained difcuflion of abftract enquiry be of the CHAP.VI. . * <, ' higheft importance to mankind, the unreftrained mveftigation of Salutary ef- feftsofthe character is fcarcely lefs to be cultivated. If truth were univer- unrefh-ained inveftlgation fally told of men's difpontions and actions, gibbets and wheels of character. might be difmiffed from the face of the earth. The knave un- mafked would be obliged to turn honeft in his own defence. Nay, no man would have time to grow a knave. Truth would follow him in his firft irrefolute eflays, and public difapproba- tion arreft him in the commencement of his career. There are many men at prefent who pafs for virtuous, that tremble at the boldnefs of a project like this. They would be detected in their effeminacy and imbecility. Their imbecility is the growth of that inaufpicious fecrecy, which national manners and political inftitutions at prefent draw over the actions of indi- viduals. If truth were fpoken without referve, there would be no fuch men in exiftence. Men would act with clearnefs and decifion, if they had no hopes in concealment, if they faw at every turn that the eye of the world was upon them. How great would be the magnanimity of the man who was always fure to be obferved, fure to be judged with difcernment, and to be treated with juftice ? Feeblenefs of character would hourly lofe its influ- ence in the bread of thofe over whom it now domineers. They would feel themfelves perpetually urged with an aufpicious vio- lence to aflume manners more worthy of the form they bore. 4 To O F L I B E L S. 645 To thefe reafonij^gs it may perhaps be rejoined, "This indeed BOOK vi. CHAP. VI. is an interefting picture. If truth could be univerfally told, the > J. > ObjedKon : effects would no doubt be of the molt excellent nature ; but the freedom of fpeech would expectation is to be regarded as vilionary." b^produdive of calumny, not of jufticc. Not fo : the difcovery of individual and perfonal truth is to be Anfwer. effected in the fame manner as the difcovery of general truth, by difcuflion. From the collifion of difagreeing accounts juflice and reafon will be produced. Mankind feldom think much of any particular fubject, without coming to think right at laft. " What, and is it to be fuppofed, that mankind will have the difcernment and the juftice of their own accord to reject the libel ?" Yes ; libels do not at prefent deceive mankind, from their intrinfic power, but from the reftraint under which they labour. The man who from his dungeon is brought to the light of day, cannot accurately diftinguifh colours ; but he that has fuffered no confinement, feels no difficulty in the operation. Such is the Hate of mankind at prefent : they are not exercifed to employ their judgment, and therefore they are deficient in judgment. The moft improbable tale now makes a deep im- prefiion ; but then men would be accuftomed to fpeculate upon the poffibilities of human action. At firft it may be, if all reftraint upon the freedom of writing Future bif- eclare what And fpeech were removed, and men were encouraged to declare 646 OF LIBELS. BOOK VI. what they thought as publicly as poflible, erery prefs would be CHAP. VI. v_ v __-> burdened with an inundation of fcandal. But the ftories by their very multiplicity would defeat themfelves. No one man, if the lie were fuccefsful, would become the object of univerfal perfecution. In a fhort time the reader, accuftomed to the dif- fection of character, would acquire difcrimination. He would either detect the impofition by its internal abfurdity, or at leaft would attribute to the ftory no farther weight, than that to which its evidence entitled it. Libel, like every other human concern, would foon find its level, if it were delivered from the injurious interference of poli- tical inftitution. The libeller, that is, he who utters an un- founded calumny, either invents the ftory he tells, or delivers it with a degree of aflurance to which the evidence that has offered itfelf to him is by no means entitled. In each cafe he would meet with his proper punifhment in the judgment of the world. The confequences of his error would fall back upon himfelf. He would either pafs for a malignant accufer, or for a ra£h and headlong cenfurer. Anonymous fcandal would be almoft impoflible in a ftate where nothing was concealed. But, if it were attempted, it would be wholly pointlefs, fince, where there could be no honeft and rational excufe for concealment, the defire to be concealed would prove the bafenefs of the motive. *" Secondly, OF LIBELS. 6 17 Secondly, force ought not to intervene for the fuppreffion of ^JpOK "VI. private libels, becaufe men ought to learn to be fincere. There '"T - "" r ■» ' ° 2. It is neceu is no branch of virtue more effential than that which confifts in i? ry ?! e L ihould be giving language to our thoughts. He that is accuftomed to utter ^. au S ht t0 be o P o o ° fincere. what he knows to be falfe or to fupprefs what he knows to be true, is in a perpetual ftate of degradation. If I have had parti- cular opportunity to obferve any man's vices, juftice will not fail to fuggeft to me that I ought to admonifh him of his errors, and to warn thofe whom his errors might injure. There may be very fufficient ground for my reprefenting him as a vicious man, though I may be totally unable to eftablifti his vices fo as to make him a proper fubjecSt of judicial punifhment. Nay, it cannot be other wife ; for I ought to defcribe his character exactly fuch as it appears to be, whether it be virtuous, or vicious, or of an ambiguous nature. Ambiguity would prefently ceafe, if every man avowed his fentiments. It is here as in the intercourfes of friendship : a timely explanation feldom fails to heal a broil ; mifunderftandings would not grow confiderable, were we not in the habit of brooding over imaginary wrongs. Laws for the fuppreffion of private libels are properly fpeaking Extent af the evil which laws to reftrain men from the practice of fincerity. They create a "f« from a command a warfare between the genuine dictates of unbiaffed private judg- to be infin- ° cere. ment and the apparent fenfe of the community, throwing obfcu- rity upon the principles of virtue, and infpiring an indiffer- ence to the pra&ice. This is one of thofe confequences of political 648 O F L I B E L S. BOOK vi. political inftitution tliat prefents itfelfat every moment: mora- chap.vi. r . . v * ' lity is rendered the victim of uncertainty and doubt. Contra- dictory fyftems of conduct contend with each other for the pre- ference, and I become indifferent to them all. How is it poffi- ble that I fhould imbibe the divine enthufiafm of benevolence and juftice, when I am prevented from difcerning what it is in which they confift ? Other laws affume for the topic of their animadverfion actions of unfrequent occurrence. But the law of libels ufurps the office of directing me in my daily duties, and, by perpetually menacing, me with the fcourge of punifhment, undertakes to render me habitually a coward, continually go- verned by the bafeft and moft unprincipled motives. Courage confifts more in this circumftance than in any other, the daring to fpeak every thing, the uttering of which may con- duce to good. Actions, the performance of which requires an inflexible refolution, call upon us but feldom ; but the virtuous economy of fpeech is our perpetual affair. Every moralift can tell us that morality eminently confifts in " the government of the tongue." But this branch of morality has long been inverted. Inftead of ftudying what we fhall tell, we are taught to confider « what we fhall conceal. Inftead of an active virtue, " going about doing good," we are inftructed to believe that the chief end of man is to do no mifchief. Inftead of fortitude, we are carefully imbued with maxims of artifice and cunning, mifnamed prudence. Let OF LIBELS. 649 Let us contraft the character of thofe. men with whom we are book vi. C H \P VI accuftomed to converfe, with the character of men fuch as they ; v '■> ought to be, and will be. On the one fide we perceive a perpetual caution, that fhrinks from the obferving eye, that con- ceals with a thoufand folds the genuine emotions of the heart, and that renders us unwilling to approach the men that we fup- pofe accuftomed to read it, and to tell what they read. Such characters as ours are the mere fhadows of men, with a fpecious outfide perhaps, but deftitute of fubftance and foul. Oh, when fhall we arrive at the land of realities, when men fhall be known for what they are, by energy of thought and intrepidity of action ! It is fortitude, that muft render a man fuperior alike te careffes and threats, enable him to derive his happinefs from within, and accuftom him to be upon all occafions prompt to afllft and to inform. Every thing therefore favourable to forti- tude muft be of ineftimable value ; every thing that inculcates diflimulation worthy of our perpetual abhorrence. There is one thing more that is of importance to be obferved The tr.i'nd . - . . . ... , .... , i rr fpontaneoufly upon this fubject of libel, which is, the good effects that would fhrinks from the profecu- fpring from every man s being accuftomed to encounter falfhood tionofalibel. with its only proper antidote, truth. After all the arguments that have been induftrioufiy accumulated to juftify profecution for libel, every man that will retire into himfelf, will feel him- felf convinced of their infufficiency. The modes in which an innocent and a guilty man would repel an accufation againft 4 O them 650 OF LIBELS. book VI. them might be expected to be oppofite ; but the law of libel CHAP. VI. v , » confounds them. He that was confcious of his rectitude, and undebauched by ill fyftems of government, would fay to his ad- verfary, " Publifh what you pleafe againft me, I have truth on my fide, and will confound your mifreprefentations." His fenfe of fitnefs and juftice would not permit him to fay, " I will have recourfe to the only means that are congenial to guilt,. I will compel you to be filent." A man, urged by indignation and impatience, may commence a profecution againft his ac- cufer ; but he may be affured, the world, that is a difinterefled fpectator, feels no cordiality for his proceedings. The language of their fentiments upon fuch occafions is, " What ! he dares not even let us hear what can be faid againft him." Conclufion. The arguments in favour of juftice, however different may be the views under which it is confidered, perpetually run parallel to each other. The recommendations under this head are precifely the fame as thofe under the preceding, the genera- tion of activity and fortitude. The tendency of all falfe fyftems- of political inftitution is to render the mind lethargic and torpid. Were we accuftomed not to recur either to public or individual force but upon occafions that unequivocally juftified their employment, we mould then come to have fome reipect for reafon, for we fhould know its power* How great muft be the difference between him who anfwers me with a writ of fummons or a challenge^ and him who employs the fword and the fhield. 3 of OF LIBELS, 6$i of truth alone ? He knows that force only is to be encountered book vr. CHAP. VI. with force, and allegation with allegation ; and he fcorns to ^— v ~> change places with the offender by being the firft to break the peace. He does that which, were it not for the degenerate habits of fociety, would fcarcely deferve the name of courage, dares to meet upon equal ground, with the facred armour of truth, an adverfary who poiTeiTes only the perifhable weapons of fahhood. He calls up his understanding ; and does not defpair of baffling the Ihallow pretences of calumny. He calls up his firmnefs ; and knows that a plain ftory, every word of which is marked with the emphafis of fincerity, will carry con- viction to every hearer. It were abfurd to expect that truth fhould be cultivated, fo long as we are accuftomed to believe that it is an impotent incumbrance. It would be impolTible to neglect it, if we knew that it was as impenetrable as adamant, and as Lifting as the world. 4 O 2 CHAP, [ 6 5 2 1 CHAP. VIL OF CONSTITUTIONS. DISTINCTION OF REGULATIONS CONSTITUENT AND LE- GISLATIVE. — SUPPOSED CHARACTER OF PERMANENCE THAT OUGHT TO BE GIVEN TO THE FORMER — INCON- SISTENT WITH THE NATURE OF MAN. SOURCE OF THE ERROR. — REMARK. — ABSURDITY OF THE SYSTEM OF PERMANENCE. — ITS FUTILITY. — MODE TO BE PURSUED IN, FRAMING A CONSTITUTION.— CONSTITUENT LAWS NOT MORE IMPORTANT THAN OTHERS. IN WHAT MANNER THE CONSENT OF THE DISTRICTS IS TO BE DECLARED. — TENDENCY OF THE PRINCIPLE WHICH RE- QUIRES THIS CONSENT. — IT WOULD REDUCE THE NUM- BER OF CONSTITUTIONAL ARTICLES — PARCEL OUT THE LEGISLATIVE POWER — AND PRODUCE THE GRADUAL EXTINCTION OF LAW. — OBJECTION. — ANSWER.. BOOK VI. a jyj ar ticle intimately conne&ed with the political confidera- CHAP. VII. /\ * JlTTt: — 'r ~*T. L tidn of opinion is fuggefted to us by a doctrine which Diftinction or * "** regulations ^ lately been taught relatively to conftitutions.. It has been. constituent * and kgifla, g-j ^j (j^ e ] aws f eV ery regular ftate naturally diftribute them- felves under two heads, fundamental and adfeititious j laws, the object OF CONSTITUTIONS. 653 object of which is the diftribution of political power and BOOK VI. directing the permanent forms according to which public bufi- »■ v * 5 - nefs is to be conducted ; and laws, the refult of the deliberations of powers already conftituted. This diftinction beins; eftablifhed Suppofed r J ° eharafterof in the firft inftance, it has been inferred, that thefe laws are of permanence that ought to very unequal importance, and that of confequence thofe of the b ^ S iven to _ firft clafs ought to be originated with much greater folemnity, and to be declared much lefs fufceptible of variation than thofe of the fecond,. The French national afTembly of 1789 pufhed. this principle to the greateft extremity, and feemed defirous of providing every imaginable fecurity for rendering the work, they had formed immortal. It could not be touched upon any account under the term of ten years ; every alteration it was to receive mult be recognifed as neceffary by two fuccefTive national affemblies of the ordinary kind j after thefe formalities an afTem- bly of revifion was to be elected, and they to be forbidden to touch the conftitution in any other points than thofe which had been previoufly marked out for their confideration. It is eafy to perceive that thefe precautions are in direct hofti- •inconMent • ii ■• • 1 (v iwA 1 • ■ « « i -» With the na- hty with the principles eltaDlilhed in this work. " Man and for ture of man. ever !" was the motto of the labours of this afTembly. Jufl broken loofe from the thick darknefs of an abfolute monarchy, they affumed to prefcribe leJons of wifdom to all future ages. They feem not fo much as to have dreamed of that purification of intellect, that climax of improvement, which may very pro- 2 bably- 6j4 OF CONSTITUTIONS. BOOK vi. bably be the deftiny of pofterity. The true ftate of man, as has CHAP.V1I. ' . . . i been already dempnftrated, is, not to have his opinions bound down in the fetters of an eternal quietifm, but flexible and un- restrained to yield with facility to the impreffions of increafmg truth. That form of fociety will appear moft perfect to an enlightened mind, which is leaf! founded in a principle of per- manence. But, if this view of the Subject be juft, the idea of giving permanence to what is called the conftitution of any go- vernment, and rendering one clafs of laws, under the appellation of fundamental, lefs fufceptible of change than another, muft be founded in mifapprehenfion and error. error. Source of the The error probably originally fprung out of the forms of politi- cal monopoly which we fee eftablifhed over the whole civilifed world. Government could not juftly derive in the firft inftance but from the choice of the people ; or, to fpeak more accurately (for the former principle, however popular and fpecious, is in reality falfe), government ought to be adjufted in its provifions to the prevailing apprehenfions of juftice and truth. But we fee government at prefent adminiftered either in whole or in part by a king and a body of nobleffe ; and we reafonably fay that the laws made by thefe authorities are one thing, and the laws from which they derived their exiftence another. But we do not confider that thefe authorities, however originated, are in their own nature unjuft. If we had never feen arbitrary and capricious forms of government, we Should probably never have OF CONSTITUTIONS, 6 S $ have thought of cutting off certain laws from the code under the EOOK vr. CHAP VII name of constitutional. When we behold certain individuals or i ,— » bodies of men exercifing an exclufive fuperintendence over the affairs of a nation, we inevitably afk how they came by their authority, and the anfwer is, By the conftitution. But, if we faw no power exifting in the ftate but that of the people, having a body of reprefentatives, and a certain number of official fecre- taries and clerks acting in their behalf, fubject to their revifal, and renewable at their pleafure, the queftion, how the people- came by this authority,, would never have fuggefled itfelf. A celebrated objection that has been urged againft the govern- Remarks ments of modern Europe is that they have no conftitutions *. If by this objection it be underftood, that they have no written code bearing this appellation, and that their conftitutions have been lefs an inftantaneous than a gradual production, the criticifm feems to be rather verbal, than of eflential moment. In any other fenfe it is to be fufpected that the remark would amount to an eulogium, but an eulogium to which they are certainly by no means entitled.. . But to return to the queftion of permanence. Whether we Abfurdltyof thefyfkmof admit or reject the diftinction between conftitutional and ordi- permanence. nary legiflation, it is not lefs true that the power of a people * Rights of Man, to 6 5 6 , OF CONSTITUTIONS. BOOK VI. to change their conftitution morally confidered, muft be ftri&Iy CHAP VII «- v ' / and univerfally coeval with the exiftence of a conftitution. The language of permanence in this cafe is the greateft of all abfurdities. It is to fay to a nation, " Are you convinced that fomething is right, perhaps immediately neceflary, to be done ? It fhall be done ten years hence." The folly of this fyftem may be farther elucidated, if farther elucidation be neceffary, from the following dilemma. Either a people muft be governed according to their own appre- henfions of juftice and truth, or they muft not. The laft of thefe aflertions cannot be avowed, but upon the unequivocal prin- ciples of tyranny. But, if the firft be true, then it is juft as abfurd to fay to a nation, This government, which you chofe nine years ago, is the legitimate government, and the govern- ment which your prefent fentiments approve the illegitimate ; as to infill upon their being governed by the diSta of their remoteft anceftors, or even of the moll infolent ufurper. Its futility. It is extremely probable that a national aflembly chofen in the ordinary forms, is juft as much empowered to change the funda- mental laws, as to change any of the leaft important branches of legiflation. This fundtion would never perhaps be dangerous but in a country that ftill preferved a portion of monarchy or ariftocracy, and in fuch a country a principle of permanence would be found a very feeble antidote againft the danger. The true OF CONSTITUTIONS. 657 true principle upon the fubjecl: Is, that no aflembly, though SS2vvh chofen with the moft unexampled folemnity, has a power to * «—~* impofe any regulations contrary to the public apprehenfion of right ; and a very ordinary authority, fairly originated, will be fufficient to facilitate the harmonious adoption of a change that is dictated by national opinion. The diftindtion of conftitutional and ordinary topics will always appear in pra&ice unintelligible and vexatious. The aflemblies of more frequent recurrence will find themfelves arrefted in the intention of conferring any emi- nent benefit on their country, by the apprehenfion that they fhall invade the conftitution. In a country where the people are habituated to fentiments of equality and where no political monopoly is tolerated, there is little danger that any national aflembly fhould be difpofed to inforce a pernicious change, and there is ftill lefs that the people (hould fubmit to the injury, or not poflefs the means eafily and with fmall interruption of public tranquillity to avert it. The language of reafon on this fubject is, " Give us equality and juftice, but no conftitution. Suffer us- to follow without reftraint the dictates of our own judgment, and to- change our forms of focial order as fail as we improve in under- ftanding and knowledge."" The opinion upon this head moft popular in France at the Mode to Be purfued in time that the national convention entered upon its functions, framing a conftitution* was that the bufinefs of the convention extended only to the prefenting a draught of a conftitution, to be fubmitted in the 4 P fequeli 658 OF CONSTITUTIONS. book vi. fequel to the approbation of the diftri&s, and then only to be j confidered as law. This opinion is well deferring of a ferious examination. £s not more The firft idea that faggefts itfelf refpeding it is, that, if con- tlfcKtW ftitutional laws ought to be fubjedted to the revifion of the diftricts, then all laws ought to undergo the fame procefs, under- Handing by laws all declarations of a general principle to be applied to particular cafes as they may happen to occur, and even including all provifions for individual emergencies that will admit of the delay incident to the revifion in queftion. It is an egregious miftake to imagine that the importance of thefe articles is in a defcending ratio from fundamental to ordinary, and from ordinary to particular. It is poffible for the raoft odious injuftice to be perpetrated by the beft conftituted affembly. A law rendering it capital to oppofe the doctrine of tranfubftantiation, would be more injurious to the public welfare, than a law changing the duration of the national reprefentative, from two years, to one year or to three. Taxation has been fhown to be an article rather of executive than legiflative administration *; and yet a very oppreffive and unequal tax would be fcarcely lefs ruinous than any fingle meafure that could pombly be deviled. In what man- j t ma y f ar ther be remarked that an approbation demanded ner the ccn- » cr < 5" t .°^ tl ? e from the diftri&s to certain conflitutional articles, whether more tlitmcts is to * fee declared. * Book V, Chap. I. or OF CONSTITUTIONS. 659: or lefs numerous, will be either real or delufive according bookvi.. €0 the mode adopted for that purpofe. If the diftricts be v „ ' ■»* required to decide upon thefe articles by a fimple affirmative or negative, it will then be delufive. It is impoffible for any man or body of men, in the due exercife of their underftanding, to decide upon [any complicated fyftem in that manner. It can fcarcely happen but that there will be fome things that they will approve and fome that they will difapprove. On the other hand, if the articles be unlimitedly propofed for difcuffion in the diftricts, a tranfattion will be begun to which it is not eafy to forefee a- termination. Some diftricts will object to certain articles j and, if thefe articles be modelled to obtain their approbation, it is poffible that the very alteration introduced to pleafe one part of the community, may render the code lefs acceptable to another. How are we to be allured that the diffidents will not fet up a fepa- rate government for themfelves ? The reafons that might be offered to perfuade a minority of diftricts to yield to the fenfe of a majority, are by no means fo perfpicuous and forcible, as thofe which fometimes perfuade the minority of members in a given aflembly to that fpecies of conceffion. . It is defirable in all cafes of the practical adoption of any Tendency of the principle - given principle, that we fhould fully underftand'the meaning .of wKch re- quires tliii the principle, and perceive the conclufions to which it inevitably confent. . leads. This principle of a confent of diftricts has an immediate tendency, by a falutary gradation perhaps, to lead to the diffo- 4P 2. lutioni 660 OF CONSTITUTIONS. BOOK vr. lution of all government. What then can be more abfurd, than v. ^ — > to fee it embraced by thofe very men, who are at the fame time advocates for the complete legiflative unity of a great empire ? It is founded upon the fame bafis as the principle of private judgment, which it is to be hoped will fpeedily fuperfede the pofllbility of the action of fociety in a collective capacity. It is defirable that the moft important acts of the national repre- fentatives mould be fubjed to the approbation or rejection of the diftrids whofe reprefentatives they are, for exactly the fame reafon as it is defirable, that the ads of the diftrids themfelves fhould, as fpeedily as pra&icability will admit, be in force only fo far as relates to the individuals by whom thofe ads are approved. It would re- The firft confequence that would refult, not from the delu- duce the number of five but the real eftablifhment of this principle, would be the ■conflitutional articles : redudion of the conftitution to a very fmall number of articles. The impradicability of obtaining the deliberate approbation of a great number of diftrids to a very complicated code, would fpeedily manifeft itfelf. In reality the conftitution of a ftate governed either in whole or in part by a political monopoly, muft neceffarily be complicated. But what need of complexity in a country where the people are deftined to govern themfelves ? The whole conftitution of fuch a country ought fcarcely to exceed two articles ; firft, a fcheme for the divifion of the whole into parts equal in their population, and, fecondly, the fixing of ftated periods for the eledion of a national alTembly : not to fay OF CONSTITUTIONS. 66 1 fay that the latter of thefe articles may very probably be difpenfed BOOK vr. CHAP. VII. with. »■ A fecond confequence that refults from the principle of which parcel out the legiilative we are treating is as follows. It has already appeared, that the power: reafon is no lefs cogent for fubmitting important legiilative arti- cles to the revifal of the diftri&s-, than for fubmitting the confti- tutional articles themfelves. But after a few experiments of this fort, it cannot fail to fuggeft itfelf, that the mode of fending laws to the diftri&s for their revifion, unlefs in cafes efTential to the general fafety, is a proceeding unneceffarily circuitous, and that it would be better, in as many inftances as poffible, to fuffer the diftricts to make laws for themfelves without the intervention of the national afTembly. The juftnefs of this confequence is im- plicitly affumed in the preceding paragraph, while we ftated the * very narrow bounds within which the conftitution of an empire, fuch as that of France for example, might be circumfcribed. In reality, provided the country were divided into convenient dif- tricts with a power of fending reprefentatives to the general afTembly, it does not appear that any ill confequences would en- fue to the common caufe from thefe diftri&s being permitted to regulate their internal affairs, in conformity to their own appre- henfions of juftice. Thus, that which was at firft a great empire with legiilative unity, would fpeedily be transformed into a con- federacy of leffer republics, with a general congrefs or Amphicty- onic council, anfwering the purpofe of a point of cooperation 3 upon 662 OF CONSTITUTIONS. BOOK vi. upon extraordinary occafions. The ideas of a great empire and CHAP.VII. ,.„. . ,.,,,, • r,i „ > legiilative unity are plainly the barbarous remains ot the days of V. military heroifm. In proportion as political power is brought home to the citizens, and Amplified into fomething of the nature of parifh regulation, the danger of mifunderftanding and rival- fhip will be nearly annihilated. In proportion as the fcience of government is diverted of its prefent myfterious appearances, focial truth will become obvious, and the diftric"ts pliant and; flexible to the dictates of reafon. and produce ^ third confequence fufficiently memorable from the fame the gradual l * eftimation of principle is the gradual extindion of law. A great affembly,. collected from the different provinces of an extenfive territory, and conftituted the fole legiflator of thofe by whom the territory: is inhabited, immediately conjures up to itfelf an idea of the vaft multitude of laws that are necefTary for regulating the concerns of thofe whom it reprefents. A large city, impelled by the principles of commercial jealoufy, is not flow to digeft the vo~ lume of its by-laws and exclusive privileges. But the inhabitants- of a fmall parifh, living with fome degree of that fimplicity which beft correfponds with the real nature and wants of a hu- man being, would foon be led to fufpect that general laws were unneceffary, and would adjudge the caufes that came before them, not according to certain axioms previoufly written, but according to the circumftances and demand of each particular caufe. — It was proper that this confequence fhould be mentioned 4 in OF CONSTITUTIONS. 66 3 in this place. The benefits that will arife from the abolition of BOOK vr. law will come to be confidered in detail in the following book, i The principal objection that is ufually made to the idea of Objeftion. confederacy confidered as the fubftitute of legiflative unity, is the poffibility that arifes of the members of the confederacy detaching themfelves from the fupport of the public caufe. To give this objection every advantage, let us fuppofe that the feat of the confederacy, like France, is placed in the midft of furrounding nations, and that the governments of thefe nations are anxious by every means of artifice and violence to fupprefs the infolent fpirit of liberty that has ftarted up among this neighbour people. It is to be believed that even under thefe circumftances the dan- Anfwsr. ger is more imaginary than real. The national affembly, being precluded by the fuppofition from the ufe of force againft the malcontent diftri&s, is obliged to confine itfelf to expoftulation ; and it is fufficiently obfervable that our powers of expoftulation are tenfold increafed the moment our hopes are confined to expof- tulation alone. They have to defcribe with the utmoft perfpi- cuity and fimplicity the benefits of independence; to convince the public at large, that all they intend is to enable every diftricl, and as far as poflible every individual, to purfue unmolefted their own ideas of propriety; and that under their aufpices there fhall be no tyranny, no arbitrary puniihments, fuch as proceed from the jealoufy of councils and courts, no exactions, almoft no tax- ation. Some ideas refpecting this laft fubjed will fpeedily occur. It 664 OF CONSTITUTIONS. BOOK VI. It is not poffible but that, in a country refcued from the inve- CHAP VII :< terate evils of defpotifm, the love of liberty fhould be confider- ably diffufed. The adherents therefore of the public caufe will be many : the malcontents few. If a fmall number of diftri&s were fo far blinded as to be willing to furrender themfelves to oppreffion and flavery, it is probable they would foon repent. Their defertion would infpire the more enlightened and courageous with additional energy. It would be a glorious fpedtacle to fee the champions of the caufe of truth declaring that they defired none but willing fupporters. It is not poffible. that lb magnanimous a principle fhould not contribute more to> the advantage than the injury of their caufe. CHAP. [ ^5.] CHAP. VIII. OF NATIONAL EDUCATION. ARGUMENTS IN ITS FAVOUR. ANSWER. — I. IT PRODUCES PERMANENCE OF OPINION. — NATURE OF PREJUDICE AND JUDGMENT DESCRIBED. — 2. IT REQUIRES UNIFOR- MITY OF OPERATION. 3. IT IS THE MIRROR AND TOOL OF NATIONAL GOVERNMENT. — THE RIGHT OF PUNISH- ING NOT FOUNDED IN THE PREVIOUS FUNCTION OF IN- STRUCTING. A MODE in which government has been accuftomed to 'BOOK vi. CHAP.VIIL interfere for the purpofe of influencing opinion, is by v v ' the fuperintendence it has in a greater or lefs degree exerted in the article of education. It is worthy of obfervation that the idea of this fuperintendence has obtained the countenance of feveral of the mod zealous advocates of political reform. The queftion relative to its propriety or impropriety is entitled on that account to the more deliberate examination. The arguments in its favour have been already anticipated. Arguments in its favour. " Can it be juftifiablc in thofe perfons, who are appointed to the functions of magiftracy, and whofe duty it is to confult for 4 Q^ the . 666 OF NATIONAL EDUCATION. BOOK VI. the public welfare, to neglect the cultivation of the infant mind, * and to fuffer its future excellence or depravity to be at the dif- pofal of fortune ? Is it poffible for patriotifm and the love of the public to be made the characteristic of a whole people in any- other way fo fuccefsfully, as by rendering the early communica- tion of thefe virtues a national concern ? If the education of our youth be entirely confided to the prudence of their parents or the accidental benevolence of private individuals, will it not be a neceflary confequence, that fome will be educated to virtue,, others to vice,, and others again entirely neglected ?" To thefe eonfiderations it has been added, " That the maxim which has- prevailed in the majority of civilifed countries, that ignorance of the law is no apology for the breach of it, is in the higheft de- gree iniquitous ; and that government cannot juflly punifh us- for our crimes when committed, unlefs it have forewarned us againft their commiffion, which cannot be adequately done without fomething of the nature of public education." An Aver. The propriety or impropriety of any project for this purpofe mull be determined by the general confideration of its beneficial or injurious tendency. If the exertions of the magistrate in behalf of any fyflem of instruction will ftand the teft as condu- cive to the public fervice, undoubtedly he cannot be j unified in neglecting them. If on the contrary they conduce to injury, it is wrong and unjuftifiable that they fhould be made. The OF NATIONAL EDUCATION. 66 7 The injuries that refult from a fyftem of national education book VI. CHAP. VI u. are, in the hrft place, that all public eftablifhments include in > „ ' I. It produ- them the idea of permanence. They endeavour it may be to ces perma- nence of opi- fecure and to diffufe whatever of advantageous to fociety is al- nion - ready known, but they forget that more remains to be known. If they realifed the moft fubftantial benefits at the time of their introduction, they muft inevitably become lefs and lefs ufeful as they increafed in duration. But to defcribe them as ufelefs is a very feeble exprefhon of their demerits. 1 hey actively refbrain the flights of mind, and fix it in the belief of exploded errors. It has commonly been obferved of univerfities and extenfive eftablifhments for the purpofe of education, that the knowledge taught there, is a century behind the knowledge which exifts among the unfhackled and unprejudiced members of the fame political community. The moment any fcheme of proceeding gains a permanent eftablifhment, it becomes imprefTed as one of its characteriftic features with an averfion to change. Some vio- lent concuffion may oblige its conductors to change an old fyf- tem of philofophy for a fyftem lefs obfolete ; and they are then as pertinacioufly attached to this fecond doctrine as they were to the firft. Real intellectual improvement demands that mind fhould as fpeedily as poflible be advanced to the height of know- ledge already exifting among the enlightened members of the community, and ftart from thence in the purfuit of farther ac- quifitions. But public education has always expended its ener- gies in the fupport of prejudice ; it teaches its pupils, not the 4 Q^2 fortitude 668 OF NATIONAL EDUCATION. BOOK VI. fortitude that mall bring every proportion to the teft of examma- CHAP.VIII. •» » ' tion, but the art of vindicating fuch tenets as may chance to be previoufly eftablifhed. We ftudy Ariftotle or Thomas Aquinas or Bellarmine or chief juftice Coke, not that we may detect their errors, but that our minds may be fully impregnated with their abfurdities. This feature runs through every fpecies- of public eftablifhment ; and even in the petty inftitution of Sunday fchools, the chief leifons that are taught, are a fuperftitious ve- neration for the church of England, and to bow to every man in a handfome coat. All this is dire&ly- contrary to the true inr- tereft of mind. All this muft be unlearned, before we can begin. to be wife.. Nature of ft \ s ^g chara&eriflic of mind to be capable of improvement; prejudice and' judgment de- ^n individual furrenders the beft attribute of man, the moment fcnbed.. ' he refolves to adhere to certain fixed principles, for reafons not now prefent to his mind, but which formerly were. The inr ftant in which he fhuts upon himfelf the- career of enquiry, is the inftant of his intelle&ual deceafe. He is no longer a man ; he is the ghoft of departed man. There can be no fcheme more egregioufly ftamped with folly, than that of feparating a tenet from the evidence upon which its. validity depends.. If I ceafe from the habit of being able to recal this evidence, my belief is no longer a perception, but a prejudice : it may influence me like a prejudice ; but cannot animate me like a real apprehenfion of truth. The difference between the man thus guided, and the mant OF NATIONAL EDUCATION. 669 man that keeps his mind perpetually alive, is the difference be- BOOKVr. * ' CHAP. VIII. tween cowardice and fortitude. The man who is in the bed * v ' fenfe an intellectual being, delights to recollect the reafons that have convinced him, to repeat them to others, that they may pro- duce conviction in them, and ftand more diftinct and explicit in his own mind ; and he adds to this a willingnefs to examine objections, becaufe he takes no pride in confident error. The man who is not capable of this falutary exercife, to what valu- able purpofe can he be employed ? Hence it appears that no vice can be more deftructive than that which teaches us to regard any judgment as final, and not open to review. The fame principle that applies to individuals applies to communities*. There is no propofition, at prefent apprehended to be true, fo valuable as to juftify the introduction of an eftablimment for the purpofe of inculcating it on mankind. Refer them to reading-, to converfation, to meditation ; but teach them neither creeds nor catechifms, neither moral nor political. Secondly, the idea of national education is founded in an in- 2- K requJrei uniformity of attention to the nature of mind. Whatever each man does for operation, himfelf is done well ; whatever his neighbours or his country un- dertake to do for him is done ill. It is our wifdom to incite men to act for themfelves, not to retain them in a date of per- petual pupillage. He that learns becaufe he defires to learn, will liden to the indructions he receives, and apprehend their mean- ing. He that teaches becaufe he defires to teach, will difcharge. his 670 OF NATIONAL EDUCATION. BOOK VI. his occupation with enthufiafm and energy. But the moment CHAP. VIII. _.''"' » v— — ' political institution undertakes to affign to every man his place, the functions of all will be difcharged with fupinenefs and indif- ference. Univerfities and expenfive eflablilhments have long been remarked for formal dulnefs. Civil policy has given me the power to appropriate my eftate to certain theoretical pur- pofesj but it is an idle prefumption to think I can entail my views, as I can entail my fortune. Remove all thofe obftscles which prevent men from feeing and reftrain them from pur- fuing their real advantage, but do not abfurdly undertake to re- lieve them from the activity which this purfuit requires. What I earn, what I acquire only becaufe I defire to acquire it, I efti- mate at its true value ; but what is thruft upon me may make me indolent, but cannot make me refpectable. It is extreme folly to endeavour to fecure to others, independently of exertion on their part, the means of being happy. — This whole propor- tion of a national education, is founded upon a fuppofition which has been repeatedly refuted in this work, but which has recurred upon us in a thoufand forms, that unpatronifed truth is inade- quate to the purpofe of enlightening mankind. 3. It Js the Thirdly, the project of a national education ought uniformly minor and J r J ° J tool of nati- t be difcouraged on account of its obvious alliance with na- ■onal govsrn- ment - tional government. This is an alliance of a more formidable na- ture, than the old and much contefted alliance of church and itate. Before we put fo powerful a machine under the direction 2 of OF NATIONAL EDUCATION. 671 of fo ambiguous an agent, it behoves us to confider well what it BOOK VI. CHAI'.VIII. is that we do. Government will not fail to employ it to » v— — ' ftrengthen its hands, and perpetuate its inftitutions. If we could even fuppofe the agents of government not to propofe to them- felves an object, which will be apt to appear in their eyes, not merely innocent, but meritorious; the evil would not the lefs happen. Their views as inftitutors of a fyitem of education, will net fail to be analogous to their views in their political ca- pacity : the data upon which their conduct as ftatefmen is vin- dicated, will be the data upon which their inftructions are founded. It is not true that our youth ought to be inflructed to venerate the constitution, however excellent; they mould be in- flructed to venerate truth; and the conftitution only fo far as it" correfponded with their independent deductions of truth. Had the fcheme of a national education been adopted when defpotifm was raoft triumphant, it is not to be believed that it could have for ever ftifled the voice of truth. But it would have been the moft formidable and profound contrivance 'for that purpofe that imagination can fugged. Still, in the countries where liberty chiefly prevails, it is reafonably to be aflumed that there are im- portant errors, and a national education has the moft direct tendency to perpetuate thofe errors, and to form all minds upon one model. It is not eafy to fay whether the remark, " that government The right of punifhing not. cannot juftly punilh offenders, unlefs it have previoufly informed founded in. them, 672 OF NATIONAL EDUCATION. BOOK VI. them what is virtue and what is ofFence," be. entitled to a fepa- CHAP.YlIf. . i j rate anfwer. It is to be hoped that mankind will never have to the previous # fimdtion of learn fo important a leuon through fo corrupt a channel. inilru£Ung. Government may reasonably and equitably prefume that men who live in fociety know that enormous crimes are injurious to the public weal, without its being necefTary to announce them as fuch, by laws to be proclaimed by heralds, or expounded by curates. It has been alledged that " mere reafon may teach me not to flrike my neighbour ; but will never forbid my fending a fack of wool from England, or printing the French conftitution. in Spain." This objection leads to the true diftin&ion upon the fubjed. All real crimes are capable of being difcerned without the teaching of law. All fuppofed crimes, not capable of being fo difcerned, are truly and unalterably innocent. It is true that my own underftanding would never have told me that the ex-, portation of wool was a vice : neither do I believe it is a vice now that a law has been made affirming it. It is a feeble and contemptible remedy for iniquitous punifhments, to fignify to mankind beforehand that you intend to inflict them. Nay, the remedy is worfe than the evil : deflroy me if you pleafe ; but do not endeavour by a national education to deflroy in my under- ftanding the difcernment cf juflice and injuflice. The idea of fuch an education, or even perhaps of the neceffity of a written law, would never have occurred, if government and jurifpru- dence had never attempted the arbitrary converfion of innocence into guilt. CHAP. [ 673 ] CHAP. IX. OF PENSIONS AND SALARIES. REASONS BY WHICH THEY ARE VINDICATED. — LABOUR IN ITS USUAL ACCEPTATION AND LABOUR FOR THE PUBLIC COMPARED. — IMMORAL EFFECTS OF THE INSTITUTION OF SALARIES. — SOURCE FROM WHICH THEY ARE DE- RIVED — UNNECESSARY FOR THE SUBSISTENCE OF THE PUBLIC FUNCTIONARY — FOR DIGNITY. — SALARIES OF INFERIOR OFFICERS — MAY ALSO BE SUPERSEDED. — TAX- ATION. — QUALIFICATIONS* A N article which deferves the matureft consideration, and BOOK VI. . ... CHAP. IX. by means of which political inftitution does not fail to *■ * ■-' produce the moft important influence upon opinion, is that of the mode of rewarding public fervices. The mode which has obtained in all European countries is that of pecuniary reward. He who is employed to act in behalf of the public, is recom- penfed with a falary. He who retires from that employment, is recompenfed with a penfion. The arguments in fupport of this fyftem are well known. It has been remarked, " that it may Reafoni m indeed be creditable to individuals to be willing to ferve their ftfcution of t . > t falaries i» country without a reward, but that it is a becoming pride on the founded. 4 R part 6 74 OF PENSIONS AND SALARIES. BOOK VI, part of the public, to refufe to receive as an alms that for which CHAP IX . -» ' they are well able to pay. If one man, animated by the molt difinterefted motives, be permitted to ferve the public upon thefe terms, another will afiume the exterior of difintereftednefs, as a ftep towards the gratification of a fmifter ambition. If men be not openly and directly paid for the fervices they perform, we may reft aflured that they will pay themfelves by ways ten thoufand times more injurious. He who devotes himfelf to the public, ought to devote himfelf entire : he will therefore be in- jured in his perfonal fortune, and ought to be replaced. Add to this, that the fervants of the public ought by their appear- ances and mode of living to command refpect both from their own countrymen and from foreigners; and that this circum- ftance will require an expence for which it is the duty of their country to provide *." Labour in its Before this argument can be fufKciently eftimated, it will be tadonmid k- neceflary for us to confider the analogy between labour in its public com- moft ufual acceptation and labour for the public fervice, what p tired are the points in which they refemble and in which they differ. If I cultivate a field the produce of which is neceflary for my fubfiftence, this is an innocent and laudable action, the firft ob- ject it propofes is my own emolument, and it cannot be unrea- fonable that that object fhould be much in my contemplation * The fubftance of thefe arguments may be found in Mr. Burke's Speech on Oeconomical Reform. while OF PENSIONS AND SALARIES. 675 while the labour is performing. If I cultivate a field the produce BOOK VI. CHAP. IX. of which is not neceffary to my fubfiftence, but which I propole » 1 ' to give in barter for a garment, the cafe then becomes different. The action here does not properly fpeaking begin in myfelf. Its immediate object is to provide food for another j and it feems to be in fome degree a perverfion of intellect, that caufes me to place in an inferior point of view the inherent quality of the action, and to do that which is in the firft inftance benevolent, from a partial retrofpect to my own advantage. Still the per- verfion here, at leaft to our habits of reflecting and judging, does not appear violent. The action differs only in form from that which is direct. I employ that labour in cultivating a field, which mull otherwife be employed in manufacturing a garment. The garment I propofe to myfelf as the end of my labour. We are not apt to conceive of this fpecies of barter and trade as greatly injurious to our moral difcernment. But then this is an action in the flightefl degree indirect. It does not follow, becaufe we are induced to do fome actions immediately beneficial to others from a felfifh motive, that we can admit of this in all inftances with impunity. It does not follow, becaufe we are fometimes inclined to be felfifh, that we muft never be generous. The love of our neighbour is the great ornament of a moral nature. The perception of truth is the moft folid improvement of an intellectual nature. He that fees nothing in the univerfe deferving of regard but hy^'elf, is 4 R 2 a con- 676 OF PENSIONS AND SALARIES. BOOK VI. a confummate ftranger to the dictates of immutable reafon. He CHAP. ix. ..„.., v » i that is not influenced in his conduct by the real and inherent natures of things, is rational to no purpofe. Admitting that it is venial to do fome actions immediately beneficial to my neigh- bour from a partial retrofpect to myfelf, furely there muft be other actions in which I ought to forget, or endeavour to forget my- felf. This duty is mod obligatory in actions moft extenfive in their confequences. If a thoufand men be to be benefited, I ought to recollect that I am only an atom in the comparifon, and to reafon accordingly. Iiwnorai ef- Thefe confederations may qualify us to decide upon the article inaituti.n of f penfions and falaries. Surely it ought not to be the end of a good political inftitution to increafe our felfifhnefs, inftead of fufFering it to dwindle and decay. If we pay an ample falary to him who is employed in the public fervice, how are we fure that he will not have more regard to the falary than to the public ? If we pay a fmall falary, yet the very exiftence of fuch a payment will oblige men to compare the work performed and the reward belt owed ; and all the confequence that will refult will be to drive the beft men from the fervice of their country, a fervice firft degraded by being paid, and then paid with an ill- timed parfimony. Whether the falary be large or fmall, if a falary exift, many will defire the office for the fake of its appen- dage. Functions the moft extenfive in their confequences will be convertad into a trade. How humiliating will it be to the functionary OF PENSIONS AND SALARIES. 677 functionary himfelf, amidft the complication and fubtlety of BOOK VI. motives, to doubt whether the falary were not one of his induce- v * * merits to the accepting the office ? If he ftand acquitted to him- felf, it is however dill to be regretted, that grounds fhould be afforded to his countrymen, which tempt them to mifinterpret his views. Another confideration of great weight in this inftance is that of fource front. which they- the fource from which falaries are derived : from the public »« derived : revenue, from taxes impofed upon the community. But there is no practicable mode of collecting the fuperfluities of the com- munity. Taxation, to be ftrictly equal, if it demand from the man of an hundred a year ten pounds, ought to demand from the man of a thoufand a year nine hundred and ten. Taxation will always be unequal and oppreflive, wrefting the hard earned morfel from the gripe of the peafant, and fparing him rnoft whofe fuperfluities mod defy the limits of juftice. I will not fay that the man of clear difcernment and an independent mind would rather ftarve than be fubfifted at the public coft : but I will fay, that it is fcarcely poflible to devife any expedient for. his fubfiftence that he would not rather accept. Meanwhile the difficulty under this head is by no means infu- unaeceflVy perable. The majority of the perfons chofen for public employ- fiftence of the public ment, under any fituation of mankind approaching to the functionary: prefent, will poffefs a perfonal fortune adequate to their fupport. 4. Thofe 678 OF PENSIONS AND SALARIES. BOOK VI. Thofe felected from a different clafs, will probably be felected CHAP IX ■ j for extraordinary talents, which will naturally lead to extraordi- ' nary refources. It has been deemed difhonourable to fubfifl upon private liberality ; but this difhonour is produced only by the difficulty of reconciling this mode of fubfiftence and intellec- tual independence. It is free from many of the objections that have been urged againft a public ftipend. I ought to receive your fuperfluity as my due, while I am employed in affairs more important than that of earning a fubfiftence j but at the fame time to receive it with a total indifference to perfonal advantage, taking only precifely what is neceffary for the fupply of my wants. He that liftens to the dictates of juftice and turns a deaf ear to the dictates of pride, will wifh that the conftitution of his country fhould caft him for fupport on the virtue of indi- viduals, rather than provide for his fupport at the public expence. That virtue will, in this as in all other inftances, increafe, the more it is called into action. " But what if he have a wife and_children ?" Let many aid him, if the aid of one be infufficient. Let him do in his lifetime what Eudamidas did at his deceafe, bequeath his daughter to be fubfifted by one friend, and his mother by another. This is the only true taxation, which he that is able, and thinks himfelf able, affeffes on himfelf, not which he endeavours to difcharge upon the moulders of the poor. It is a finking example of the power of venal governments in generating prejudice, that this fcheme of ferving the public functions without falaries, fo common among the ancient repub- 5 licans, OF PENSIONS AND SALARIES. 679 licans, fhould by liberal minded men of the prefent day be ;52?£ V1, CHAP. IX. deemed impracticable. It is not to be believed that thoie readers *- who already pant for the abolition of government and regu- lations in all their branches, fhould hefitate reflecting fo eafy an advance towards this defirable object. Nor let us imagine that the fafety of the community will depend upon the fervices of an individual. In the countiy in which individuals fit for the public fervice are rare, the port of honour will be his, not that fills an official fituation, but that from his clofet endeavours to waken the fleeping virtues of mankind. In the country where they are frequent, it will not be difficult by the fhort duration of the employment to compenfate for the flendernefs of the means of him that fills it. It is not eafy to defcribe the advantages that muft refult from this proceeding. The public functionary would in every article of his charge recoiled!: the motives of public fpirit and benevolence. He would hourly improve in the energy and difintereftednefs of his character. The habits created by a frugal fare and a chearful poverty, not hid as now in obfcure retreats, but held forth to public view, and honoured with public efteem, would fpeedily pervade the community, and - aufpicioufly prepare them for ftill farther improvements. The objection, " that it is neceffary for him who ads on the for dignity, part of the public to make a certain figure, and to live in a ftyle calculated to excite refpedt," does not deferve a feparate anfwer. The whole, fpirit of this treatife is in direct hoftility to this ob- jection* 68o OF PENSIONS AND SALARIES. BOOK VI. jedtion. If therefore it have not been anfwered already, It CHAP. IX would be vain to attempt an anfwef* in this place. It is recorded of the burghers of the Netherlands who confpired to throw off the Auftrian yoke, that they came to the place of confultation each man with his knapfack of provifions : who is there that feels inclined to defpife this fimplicity and honourable poverty ? The abolition of falaries would doubtlefs render neceflary the Amplification and abridgment of public bufinefs. This would be a benefit and not a difadvantage. Salaries of inferior offi- cers : It will farther be objected that there are certain functionaries in the lower departments of government, fuch as clerks and tax- gatherers, whofe employment is perpetual, and whofe fub- fiftence ought for that reafon to be made the refult of their em- ployment. If this objection were admitted, its confequences would be of fubordinate importance. The office of a clerk or a tax-gatherer is confiderably fimilar to thofe of mere barter and trade j and therefore to degrade it altogether to their level, would have little "Tefemblance to the fixing fuch a degradation upon offices that demand the moft elevated mind. The annexation of a ftipend to fuch employments, if confidered only as a matteT of temporary accommodation, might perhaps be endured. way alfo be, But tne exception, if admitted, ought to be admitted with pe great caution. He that is employed in an affair of public neceffity. ought to feel, while he difcharges it, its true cha- racter. OF PENSIONS AND SALARIES. 681 rafter. We fhould never allow ourfelves to undertake an office BOOK VI. CHAP IX of a public nature, without feeling ourfelves animated with a i public zeal. We (hall otherwife difcharge our truft with com- parative coldnefs and neglect. Nor is this all. The abolition lotion. of falaries would lead to the abolition of thofe offices to which falaries are thought neceflary. If we had neither foreign wars nor domeftic ftipends, taxation would be almoft unknown ; and, if we had no taxes to collect, we fhould want no clerks to keep an account of them. In the fimple fcheme of political inftitu- tion which reafon dictates, we could fcarcely have any burden- fome offices to difcharge ; and, if we had any that were fo in their abftract nature, they might be rendered light by the per- petual rotation of their holders. tlOliS, If we have no falaries, for a (till ftronger reafon we ought to Qualifica- have no pecuniary qualifications, or in other words no regula- tion requiring the poffeffion of a certain property, as a condition to the right of electing or the capacity of being elected. It is an uncommon ftrain of tyranny to call upon men to appoint for themfelves a delegate, and at the fame time forbid them to appoint exactly the man whom they may judge fitteft for the office. Qualification in both kinds is the moft flagrant injuftice. It afferts the man to be of lefs value than his property. It fur- nifhes to the candidate a new ftimulus to the accumulation of wealth ; and this paffion, when once fet in motion, is not eafilv allayed. It tells him, " Your intellectual and moral qualiftca- 4 S tions 682 OF PENSIONS AND SALARIES. BOOK VI. tions may be of the higheft order ; but you have not enough of CHAP IX. the means of luxury and vice." To the non-elector it holds the mod deteftable language. It fays, " You are poor ; you are unfortunate ; the inftitutions of fociety oblige you to be the per- petual witnefs of other men's fuperfluity : becaufe you are funk thus low, we will trample you yet lower ; you fhall not even be reckoned in the lifts for a man, you fhall be palled by as one of whom fociety makes no account, and whofe welfare and moral exiftence fhe difdains to recoiled," CHAP. [ 63 3 ] CHAP. X. OF THE MODES OF DECIDING A QUESTION ON THE PART OF THE COMMUNITY. DECISION BY LOT, ITS ORIGIN — FOUNDED IN THE SYSTEM OF DISCRETIONARY RIGHTS IMPLIES THE DESERTION OF DUTY. — DECISION BY BALLOT — INCULCATES TIMI- DITY — AND HYPOCRISY. — DECISION BY VOTE, ITS RE- COMMENDATIONS. w HAT has been here faid upon the fubject of qualifica- BOOK VI. pUA p v tions, naturally leads to a few important obfervations > v ' '» upon the three principal modes of conducting election, by forti- tion, by ballot or by vote. The idea of fortition was firft introduced by the dictates of Decifion by- lot, its origin : fuperftition. It was fuppofed that, when human reafon pioufly acknowledged its infufficiency, the Gods, pleafed with fo un- feigned a homage, interfered to guide the decifion. This ima- gination is now exploded. Every man who pretends to philo- fophy will confefs that, wherever fortition is introduced, the decifion is exclufively guided by the laws of impulfe and gravi- tation. — Strictly fpeaking there is no i'uch thing as contingence. 4 S 2 But, 684 0F THE MODES OF DECIDING A QUESTION BOOK VI. But, fo far as relates to the exercife of apprehenfion and judg- CHAP X. t v ' 'j ment on the particular queftion to be determined, all decifion by lot is the decifion of contingence. The operations of impulfe and gravitation either proceed from a blind and unconfcious principle ; or, if they proceed from mind, it is mind executing general laws, and not temporifing with every variation of human caprice. founded in All reference of public queftions and elections to lot includes the fyftem of # m difcretionary in it two evils, moral mifapprehennon and cowardice. There rights : is no fituation in which we can be placed that has not its corre- fpondent duties. There is no alternative that can be offered to our choice, that does not include in it a better and a worfe. The idea of fortition derives from the fame root as the idea of difcretionary rights. Men, undebauched by the leiTons of fuper- ftition, would never have recourfe to the deeifion by lot, were they not impreffed with the notion of indifference, that they had a right to do any one of two or more things offered to their choice ; and that of confequence, in order to rid themfelves of uncertainty and doubt, it was fufficiently allowable to refer the decifion of certain matters to accident. It is of great importance that this idea fhould be extirpated. Mind will never arrive at the true tone of energy, till we feel that moral liberty and dis- cretion are mere creatures of the imagination, that in all cafes our duty is precife, and the path of juftice fingle and direct. But, ON THE PART OF THE COMMUNITY. 68j- But, fuppofing us convinced of this principle, if we afterwards book vr. defert it, this is the moll contemptible cowardice. Our defer- v '• . , . r c r • implies the tion either anles from our want of energy to enquire, to com- defertion of pare and to decide, or from our want of fortitude to defpife the inconveniences that might attend upon our compliance with what our judgment dictates. Ballot is a mode of decifion flill more cenfurable than forti- Decifion by ballot : tion. It is fcarcely pomble to conceive of a political inftitution that includes a more direct and explicit patronage of vice. It has been faid, " that ballot may in certain cafes be neceffary to enable a man of a feeble character to act with eafe and indepen- dence, and to prevent bribery, corrupt influence and faction." Vice is an ill remedy to apply to the diminution of vice. A inculcates 4 ' J timidity : feeble and irrefolute character might before be accidental ; ballot is a contrivance to render it permanent, and to fcatter its feeds over a wider furface. The true cure for a want of conftancy and public fpirit is 'to infpire firmnefs, not to infpire timidity. Truth, if communicated to the mind with perfpicuity, is a fuffi- cient bafis for virtue. To tell men that it is neceffary they fhould form their decifion by ballot, is to tell them that it is neceffary they fhould be vicious. If fortition taught us to defert our duty, ballot teaches us to and hypo- crify. draw a veil of concealment over our performance of it. It points out to us a method of a&ing unobfesved. It incites us to make a myftery 686 OF THE MODES OF DECIDING A QUESTION, & c . BOOK VI. a myftery of our fentiments. If it did this in the moft trivial CHAP. x. . v „ 1 article, it would not be eafy to bring the mifchief it would pro- duce within the limits of calculation. But it dictates this con- duel; in our moft important concerns. It calls upon us to difcharge our duty to the public with the moft virtuous conftancy ; but at the fame time directs us to hide our difcharge of it. One of the moft admirable principles in the ftructure of the material uni- verfe, is its tendency to prevent us from withdrawing ourfelves from the confequences of our own actions. Political inftitution that fhould attempt to counteract this principle, would be the only true impiety. How can a man have the love of the public in his heart, without the dictates of that love flowing to his lips ? When we direct men to act with fecrecy, we direct them to act with frigidity. Virtue will always be an unufual fpectacle among men, till they fhall have learned to be at all times ready to avow their actions and affign the reafons upon which thev .are founded. • Dedfion by If then fortition and ballot be inftiturions pregnant with vi^p vote, its re- r ° vu.c, commenda- it follows, that all focial decifions fhould be made bv onpn tions. / ".Frf 1 vote ; that, wherever t we have a function to difcharge, we fhould reflect on the mode in which it ought to be difcharp-ed • and that, whatever conduct we are perfuaded to adopt, efpecially in affairs of general concern, fhould be adopted in the face of the world. AN A N ENQUIRY i CONCERNING POLITICAL JUSTICE. BOOK VII. OF CRIMES AND PUNISHMENTS. CHAP. I. LIMITATIONS OF THE DOCTRINE OF PUNISHMENT WHICH RESULT FROM THE PRINCIPLES OF MORALITY. DEFINITION OF PUNISHMENT. — NATURE OF CRIME. RE- TRIBUTIVE JUSTICE NOT INDEPENDENT AND ABSOLUTE NOT TO BE VINDICATED FROM THE SYSTEM OF NA- TURE. — DESERT A CHIMERICAL PROPERTY. — CONCLU- SION. THE fubjedt, of punifhment is perhaps the moft fundamen- ^9Sh?l 1 ' tal in the fcience of politics. Men affociated for the fake of mutual protection and benefit. It has already appeared, that I the 688 LIMITATIONS OF THE BOOK VII. the internal affairs of fuch aflbciations are of infinitely greater i ly '. '■* importance than their external*. It has appeared that the action of fociety in conferring rewards and fuperintending opinion is of pernicious effect f . Hence it follows that govern- ment, or the action of the fociety in its corporate capacity, can fcarcely be of any utility, except fo far as it is requifite for the fuppreflion of force by force ; for the prevention of the hoftile attack of one member of the fociety upon the perfon or property of another, which prevention is ufually called by the name of criminal juftice, or punifhment. Definition of punifhment. Before we can properly judge of the neceffity or urgency of this action of government, it will be of fome' importance to con- fider the precife import of the word punifhment. I may employ force to counteract the hoftility that is actually com- mitting on me. I may employ force to compel any member of the fociety to occupy the poft that I conceive molt conducive to the general advantage, either in the mode of imprefling foldiers and failors, or by obliging a military officer or a.minifter of ftate to accept or retain his appointment. I may put an innocent man to death for the common good, either becaufe he is infected with a peftilential difeafe, or becaufe fome oracle has declared it effential to the public fafety. None of thefe, though they confift in the exertion of force for fome moral purpofe, comes within the import of the word punifhment. Punifhment is Book V, Chap. XX. f Book V, Chap. XII. Book VI, pqfim. generally DOCTRINE OF PUNISHMENT. 689 generally ufed to fignify the voluntary infliction of evil upon a BOOK vn. CHAP I vicious being, not merely becaufe the public advantage demands 1 ' > it, but becaufe there is apprehended to be a certain fitnefs and propriety in the nature of things, that render fuffering, abftract- edly from the benefit to refult, the fuitable concomitant of vice. The juftice of punifhment therefore, in the ftrict import of Nature of crime. the word, can only be a deduction from the hypothefis of free- will, and mud be falfe, if human actions be necefTary. Mind, as was fufEciently apparent when we treated of that fubject *, is an agent, in no other fenfe than matter is an agent. It operates and is operated upon, and the nature, the force and line of direction of the firft, is exactly in proportion to the nature, force and line of direction of the fecond. Morality in a rational and defigning mind is not elTentially different from morality in an inanimate fubftance. A man of certain intellectual habits is fitted to be an aflkflin, a dagger of a certain form is fitted to be his inftrument. The one or the other excites a greater degree of difapprobation, in proportion as its fitnefs for mifchievous purpofes appears to be more inherent and direct. I view a dagger on this account with more difapprobation than a knife, which is perhaps equally adapted for the purpofes of the affaifinj becaufe the dagger has few or no beneficial ufes to weigh againft thofe that are hurtful, and becaufe it has a tendency by means * Book IV, Chap. VI, 4T of 6go LIMITATIONS OF THE BOOK VII. of allocution to the exciting of evil thoughts. I view the affaflin t C ',, with more difapprobation than the dagger, becaufe he is more to be feared, and it is more difficult to change his vicious ftructure or take from him his capacity to injure. The man ia propelled to act by necefTary caufes and irrefiftible motives, which, having once occurred, are likely to occur again. The dagger has no quality adapted to the contraction of habits, and, though it have committed a thoufand murders, is not at all more likely (unlefs fo far as thole murders, being known, may operate as a flight affociated motive with the pofTefTor) to com- mit murder again. Except in the articles here fpecified, the two cafes are exactly parallel. The aflaffin cannot help the murder he commits any more than the dagger. Retributive Thefe arguments are merely calculated to fet in a more per- juflice not independent fpicuous light a principle, which is admitted by many by whom and abfolute : ,' " f the doctrine of neceffity has never been examined ; that the only meafure of equity is utility, and whatever is not attended with any beneficial purpofe, is not juft. This is fo evident a propofition that few reafonable and reflecting minds will be found inclined to reject it. Why do I inflict fufFering on another? If neither for his own benefit nor the benefit of others, can that be right ? Will refentment, the mere indigna- tion and horror I have conceived againft vice, juftify me in putting a being to ufelefs torture ? " But fuppofe I only put an end to his exiftence." What, with no profpect of benefit either to himfelf DOCTRINE OF PUNISHMENT. 691 himfelf or others ? The reafon the mind eafily reconciles itfelf BOOK VII. CHAP. I. to this fuppofition is, that we conceive exiftenee to be lefs a bleffing than a curfe to a being incorrigibly vicious. But in that cafe the fuppofition does not fall within the terms of the queftion : I am in reality conferring a benefit. It has been afked, " If we conceive to ourfelves two beings, each of them folitary, but the firft virtuous and the fecond vicious, the firft inclined to the higheft acts of benevolence, if his fituation were changed for the focial, the fecond to malignity, tyranny and injuftire, do we not feel that the firft is entitled to felicity in preference to the fecond ?" If there be any difficulty in the queftion, it is wholly caufed by the extravagance of the fuppo- fition. No being can be either virtuous or vicious who has no opportunity of influencing the happinefs of others. He may indeed, though now folitary, recollect or imagine a focial ftate j but this fentiment and the propenfities it generates can fcarcely be vigorous, unlefs he have hopes of being at fome future time reftored to that (late. The true folitaire cannot be confidered as a moral being, unlefs the morality we contemplate be that which has relation to his own permanent advantage. But, if that be our meaning, punifhment, unlefs for reform, is pecu- liarly abfurd. His conduct is vicious, becaufe it has a tendency to render him miferable : (hall we inflict calamity upon him, for 'this reafon only becaufe he has already inflicted calamity upon himfelf? It is difficult for us to imagine to ourfelves a foli- tary intellectual being, whom no future accident fhall ever 4 T 2 render 692 LIMITATIONS OF THE BOOK VII. render focial. It is difficult for us to feparate even in idea virtue and vice from happinefs and mifery ; and of confequence not to imagine that, when we bellow a benefit upon virtue, we bellow it where it will turn to account ; and, when we bellow a benefit upon vice, we bellow it where it will be unproductive. For thefe reafons the queflion of a folitary being will always be extravagant and unintelligible, but will never convince. not to be vindicated from the fyftem of nature. It has fometimes been alledged that the very courfe of nature has annexed fufFering to vice, and has thus led us to the idea of punifhment. Arguments of this fort mufl be liflened to with great caution. It was by reafonings of a fimilar~ nature that our anceftors juflified the practice of religious perfecution : " Heretics and unbelievers are the objects of God's indignation; it mull therefore be meritorious in us to mal-treat thofe whom God has curfed." We know too little of the fyftem of the univerfe, are too liable to error reflecting it, and fee too fmall a portion of the whole, to entitle us to form our moral principles upon an imitation of what we conceive to be the courfe of nature. It is an extreme error to fuppofe that the courfe of nature is fomething arbitrarily adjufted by a defigning mind. Let us once conceive a fyftem r of percipient beings to exift, and all that we know of the hiflory of man follows from that conception as fo many inevitable confequences. Mind beginning to exifl mull have begun from ignorance, mull have received idea after 2 idea, DOCTRINE OF PUNISHMENT. 693 idea, rauft have been liable to erroneous conclufions from 1m- BOOKVII. CHAP. I. perfed conceptions. We fay that the fyftem of the univerfe has v *— ' annexed happinefs to virtue and pain to vice. We fhould fpeak more accurately if we faid, that virtue would not be virtue nor vice be vice, if this connedion could ceafe. The office of the principle, whether mind or whatever elfe, to which the univerfe owes its exiftence, is lefs that of fabricating than conducting ; is not the creation of truth, and the connecting ideas and pro- portions which had no original relation to each other, but the rendering truth, the nature of which is unalterable, an active and vivifying principle. It cannot therefore be good reafoning to fay, the fyftem of nature annexes unhappinefs to vice, or in other words vice brings its own punifhment along with it, there- fore it would be unjuft in us not by a pofitive interference to render that punifhment double. Thus it appears, whether we enter philofophically into the Defertsch^ principle of human actions, or merely analyfe the ideas of recti- perty. F tude and juftice which have the univerfal confent of mankind, that, accurately fpeaking, there is no fuch thing as defert. It cannot be juft that we fhould inflict fuffering on any man, except fo far as it tends to good. Hence it follows that the ftrict acceptation of the word punifhment by no means accords with any found principles of reafoning. It is right that I fhould inflict fuffering, in every cafe where it can be clearly fhown that fuch 6 9 4 LIMITATIONS OF THE BOOKVIT. fuch inflic"tion will produce an overbalance of good. But this in- CHAP. I. i v -» flic~tion bears no reference to the mere innocence or guilt of the perfon upon whom it is made. An innocent man is the proper fubjecl: of it, if it tend to good. A guilty man is the proper fubject of it under no other point of view. To punifh him upon any hypothecs for what is pail and irrecoverable and for the con- fideration of that only, muft be ranked among the wildeft con- ceptions of untutored barbarifm. Every man upon whom dif- cipline is adminiftered, i-s to be confidered as to the rationale of this difcipline as innocent. Xerxes was not more unreafonable when he lamed the waves of the fea, than that man would be who inflicted fuffering on his fellow, from a view to the paft, and not from a view to the future, Conclufion. ft i s of the utmoft importance that we fhould bear thefe ideas conftantly in mind during our whole examination of the theory of puniihment. This theory would in the paft tranfa&ions of mankind have been totally diiferent, if they had divefted them- felves of all emotions of anger and refentment ; if they had con- fidered the man who torments another for what he has done, as upon par with the child who beats the table ; if they had figured to their imagination, and then properly eftimated, the man, who mould fhut up in prifon fome atrocious criminal, and afterwards torture him at ftated periods, merely in confideration of the abftracl: congruity of crime and punifhment, without any pofh- ble DOCTRINE OF PUNISHMENT. 6 9 $ ble benefit to others or to himfelf; if they had regarded BOOK VII. CHAP I infliction as that which was to be regulated folely by a difpaf- fionate calculation of the future, without fufFering the paft, in it- felf confidered, for a moment to enter into the account. C H A P. [ 6 9 6 ] CHAP. II. GENERAL DISADVANTAGES OF COERCION. CONSCIENCE IN MATTERS OF RELIGION CONSIDERED — IN THE CONDUCT OF LIFE. — BEST PRACTICABLE CRITERION OF DUTY — NOT THE DECISION OF OTHER MEN — BUT OF OUR OWN UNDERSTANDING. — TENDENCY OF COER- CION. — ITS VARIOUS CLASSES CONSIDERED. CHApS" T TAVING thus precluded all ideas of punifhment or retri- *■ -*• bution ftri&ly fo called, it belongs to us in the farther difcufiion of this interefling fubjecT:, to think merely of that coercion, which has ufually been employed againft perfons con- victed of paft injurious action, for the purpofe of preventing future mifchief. And here we will firft confider what is the quantity of evil which accrues from all fuch coercion, and fecondly examine the cogency of the various reafons by which this coercion is recommended. It will not be poflible wholly to avoid the repetition of fome of the reafons which occurred in the preliminary difcufiion of the exercife of private judgment *. But thofe reafonings will now be extended, and derive additional advantage from a fuller arrangement. * Book II, Chap. VI. It CHAP. II. GENERAL DISADVANTAGES OF COERCION. 697 It is commonly faid that no man ought to be compelled in BOOK VII. ,. ■ r . CHAP. II. matters of religion to act contrary to the dictates of his con- » ^ » Confcience in fcience. Religion is a principle which the practice of ail ages matters of religion cort- has deeply imprefled upon the mind. He that difcharges what fidered : his own apprehenfions prefcribe to him on the fubject, ftands ; approved to the tribunal of his own mind, and, confcious of rectitude in his intercourfe with the author of nature, cannot fail to obtain the greateft. of thofe advantages, whatever may be their amount, which religion has to beftow. It is in vain that' I endeavour by perfecuting ftatutes to compel him to refign a falfe religion for a true. Arguments may convince, but perfe- ction cannot. The new religion, which I oblige him to profefs^ contrary to his conviction, however pure and holy it may be in its own nature, has no benefits in ftore for him. The fublimeft worfhip becomes transformed into a fource of corruption, when it is not confecrated by the teftimony of a pure confcience. Truth is the fecond object in this refpect, integrity of heart is the firft: or rather a propofition, that in its abftract nature is truth itfelf, converts into rank falfhood and mortal poifon, if it be profefTed-' with the lips only, and abjured by the underftanding. It is* then the foul garb of hypocrify. Inftead of elevating the mind above fordid temptations, it perpetually reminds the worfhipper of the abject pufillanimity to which he has yielded. Inftead of filling him with facred confidence, it overwhelms with confufion - and remorfe. 4 U The 6 9 S GENERAL DISADVANTAGES BOOK VII. The inference that has been made from thefe reafonings is, that CHAP. II. » v -» criminal law is eminently mifapplied in affairs of religion, and in the con- m &udt of life, that its true province is civil mifdemeanours. But this inference is falfe. It is only by an unaccountable perverfion of reafon, that men have been induced to affirm that religion is the facred province of confeience, and that moral duty may be left undefined to the decifion of the magistrate. What, is it of no confequence whether I be the benefa&or of my fpecies, or their bitterefl enemy ? whether I be an informer, or a robber, or a murderer ? whether I be employed as a foldier to extirpate my fellow beings, or be called upon as a citizen to contribute my property to their extirpation ? whether I tell the truth with that firmnefs and unreferve which ardent philanthropy will not fail to infpire, or fupprefs fcience left I be convicted of blafphemy, and fact left I be convicted of a. libel ? whether I contribute my efforts for the furtherance of political juftice, or quietly fubmit to the exile of a family of whofe claims I am an advocate, or to the fubverfion of liberty for which every man fhould be ready to die ? Nothing can be more clear, than that the value of religion, or of any other fpecies of abftract opinion, lies in its moral tendency. If I fhould be ready to fet at nought the civil power for the fake of that which is the means, how much more when it rifes in contradiction to the end ? Bcftpraai- ' Of all human concerns morality is the mod interefting. It is cable cri- terion of the perpetual affociate of our tranfadiions : there is no lltuation ■duty : 2 in O F C O E R C I O N. 6 99 in which we can be placed, no alternative that can be presented BOOK VII. CHAP II to our choice, reflecting which duty is filent. " What is the \ v '< ltandard of morality and duty ? " Juflice. Not the arbitrary decrees that are in force in a particular climate ; but thofe laws of eternal reafon that are equally obligatory wherever man is to be found. " But the rules of juftice often appear to us obfcure, doubtful and contradictory ; what criterion fhall be applied to deliver us from uncertainty ?" There are but two criterions not the de- cifions of poffible, the decifions of other men's wifdom, and the decifions 0tlicr men : of our own underflanding. Which of thefe is conformable to the nature of man ? Can we furrender our own underflandings ? However we may {train after implicit faith, will not confcience in fpite cf ourfelves whiiper us, " This decree is equitable, and this decree is founded in miflake ?" Will there not be in the minds of the votaries of fuperftition, a perpetual dhTatisfaction 9 . a defire to believe what is dictated to them, accompanied with a want of that in which belief confifts, evidence and conviction ? If we could furrender our underflandings, what fort of beings mould we become ? By the terms of the propofition we mould not be rational : the nature of things would prevent us from being moral, for morality is the judgment of reafon, employed in determining on the effects to refult from the different kinds of conduct we may obferve. Hence it follows that there is no criterion of duty to any man but of our own undcr- but in the exercife of his private judgment. Whatever attempts Ending. 4 U 2 . to 7 oo GENERAL DISADVANTAGES BOOK'VII. to prefcribe to his conduct, and to deter him from any courfe of CHAP. II. , ■,. '. - > action by penalties and threats, is an execrable tyranny. There may be fome men of fuch inflexible virtue as to fet human ordi- nances at defiance. It is generally believed that there are others fo depraved, that, were it not for penalties and threats, the whole order of fociety would be fubverted by their exceffes. But what will become of the great mafs of mankind, who are neither fo virtuous as the firft, nor fo degenerate as the fecond ? They are fuccefsfully converted by pofitive laws into latitudina- rians and cowards. They yield like wax to the imprefiion that is made upon them. Directed to infer the precepts of duty from the didtd of the magistrate, they are too timid to refill, and too fhort fighted to detect the impofition. It is thus that the mafs of mankind have been condemned to a tedious imbecility. Tendency of There is no criterion of duty to any man but in the exercife coercion. of his private judgment. Has coercion any tendency to en- lighten the judgment ? Certainly not. Judgment is the per- ceived agreement or difagreement of two ideas, the perceived truth or falfhood of any propofition. Nothing can aid this per- ception, that does not fet the ideas in a clearer light, that does not afford new evidence of the fubftantialnefs or unfubftantial- -nefs of the propofition. The direct tendency of coercion is to fet our underftanding and our fears, our duty and our weaknefs at variance with each other. And how poor fpirited a refuge does OF COERGION. 701 does coercion afford ? If what you require of me is duty, are BOOK VII. CHAP. II. there no reafons that will prove it to be fuch ? If you underftand more of eternal juftice than I, and are thereby fitted to inftruct me, cannot you convey the fuperior knowledge you poffefs from your underftanding into mine ? Will you fet your wit againft one who is intellectually a child, and becaufe you are better informed than I, affurae, not to be my preceptor, but my tyrant ? Am I not a rational being ? Could I refill your argu- ments, if they were demonftrative ? The odious fyftem of coercion, firil annihilates the understanding of the fubject, and then of him that adopts it. DrefTed in the fupine prerogatives of a mafter, he is excufed from cultivating the faculties of a man. What would not man have been, long before this, if the proudeft of us had no hopes but in argument, if he knew of no refort beyond, and if he were obliged to fharpen his faculties, and collect his powers, as the only means of effecting his pur- pofes ? Let us reflect for a moment upon the fpecies of argument, if argument it is to be called, that coercion employs. It avers to its victim that he muft neceffarily be in the wrong, becaufe I am more vigorous and more cunning than he. Will vigour and cunning be always on the fide of truth ? Every fuch exertion implies in its nature a fpecies of conteft. This conteft. may be decided before it is brought to open trial by the defpair of one -of the parties. But it is not always fo. The thief that by main force 7 o2 GENERAL DISADVANTAGES BOOK VII. force furmounts the ftrength of his purfuers, or by ftratagem and CHAP. II. > v J ') ingenuity efcapes from their toils, fo far as this argument is valid, proves the juftice of his caufe. Who can refrain from, indignation when he fees juftice thus miferably proftituted ? Who does not feel, the moment the conteft begins, the full extent of the abfurdity that this appeal includes ? It is not eafy to decide which of the two is moft deeply to be deplored, the magiftracy, the reprefentative of the focial fyftem, that declares war againfl one of its members, in the behalf of juftice, or ia the behalf of oppreffion. In the firft we fee truth throwing afide her native arms and her intrinfic advantage, and putting herfelf upon a level with falfhood. In the fecond we fee falfhood confident in the cafual advantage fhe poflefles, artfully extinguishing the new born light that would fhame her in the midft of her ufurped authority. The exhibition in both is that" of an infant crufhed in the mercilefs grafp of a giant. No fophiftry can be more palpable than that which pretends to bring the two parties to an impartial hearing. Obferve the confiftency of this reafoning. We firft vindicate political coercion, becaufe the criminal has committed an offence againft the community at large, and then pretend,, while we bring him to the bar of the community, the offended party, that we bring him before an impartial umpire. Thus in England, the king by his attorney is the profecutor, and the king by his reprefentative is the judge- How long fhall fuch odious inconfiftencies impofe on mankind ?. The purfuit commenced againft the fuppofed offender is the poffc OF COERCION. 7 o 3 fojfc comitcittis, the armed ibrce of the whole, drawn out in fuch BOOK vil. portions as may be judged neceffary ; and when feven millions » • of men have got one poor, unaffifted individual in their power, they are then at leifure to torture or to kill him, and to make his agonies a fpectacle to glut their ferocity. The argument againft political coercion is equally good againft Its various claflfes con* the infliction of private penalties between mafter and flave, and Cdered. between parent and child. There was in reality, not only more of gallantry, but more of reafon in the Gothic fyftem of trial by duel, than in thefe. The trial of force is over in thefe, as we have already faid, before the exertion of force is begun. All that remains is the leifurely infliction of torture, my power to inflict it being placed in my joints and my fmews. This whole argument may be fubjected to an irrefiftible dilemma. The right of the parent over his child lies either in his fuperior ftrength or his fuperior reafon. If in his ftrength, we have only to apply this right univerfally, in order to drive all morality out of the world. If in his reafon, in that reafon let him confide. It is a poor argument of my fuperior reafon, that I am unable to make juftice be apprehended and felt in the moft neceflavy cafes, without the intervention of blows. Let us confider the effect that coercion produces upon the mind of him againft whom it is employed. It cannot begin ■with convincing ; it is no argument. .It begins with producing the 7 o 4 GENERAL DISADVANTAGES OF COERCION. BOOK VII. the fenfation of pain, and the fentiment of diftafte. It begins CHAP II . j with violently alienating the mind from the truth with which we wifh it to be imprefled. It includes in it a tacit confeffion of imbecility. If he who employs coercion againft me could mould me to his purpofes by argument, no doubt he would. He pretends to punifh me becaufe his argument is important, but he really punilhes me becaufe his argument is weak. CHAP. C 705 ] CHAP. III. OF THE PURPOSES OF COERCION. XATURE OF DEFENCE CONSIDERED. — COERCION FOR RE- STRAINT FOR REFORMATION. — SUPPOSED USES OP ADVERSITY — DEFECTIVE — UNNECESSARY. COERCION FOR EXAMPLE I. NUGATORY. THE NECESSITY OF POLITICAL COERCION ARISES FROM THE DEFECTS OF POLITICAL INSTITUTION. 2. UNJUST. UNFEELING CHARACTER OF THIS SPECIES OF COERCION. PROCEED we to confider three principal ends that coercion BOOK vir. . . CHAP. III. propofes to ltfelf, reftraint, reformation and example. v v * Under each of thefe heads the arguments on the affirmative fide muft be allowed to be cogent, not irrefiftible. Under each of them confiderations will occur, that will oblige us to doubt uni- verfally of the propriety of coercion. In this examination I fhall take it for granted that the perfons with whom I am reafoning allow, that the ends of reftraint and example may be fufficiently anfwered in confiftency with the end of reforma- tion, that is, without the punifhment of death. To thofe by whom this is not allowed in the firft inftance, the fubfequent reafonings will only apply with additional force. 4 X The 706 BOOK VII. CHAP. III. Nature of defence con- fidered. OF THE PURPOSES The fir(l and moft innocent of all the claffes of coercion is that which is employed in repelling a&ual force. This has but little to do with any fpecies of political inftitution, but may neverthelefs deferve to be firft confidered. In this cafe I am employed (fuppofe, for example, a drawn fword is pointed at my own breaft or that of another, with threats of inftant deftru&ion) in preventing a mifchief that feems about inevitably to enfue. In this cafe there appears to be no time for experi- ments. And yet even here meditation will not leave us without our difficulties. The powers of reafon and truth are yet unfathomed. That truth which one man cannot communicate in lefs than a year, another can communicate in a fortnight. The fhorteft term may have an underftanding commenfurate to it. When Marius faid with a ftern look and a commanding countenance to the foldier that was fent down into his dungeon to aflaffinate him, " Wretch, have you the temerity to kill Marius !" and with thefe few words drove him to flight j it was, that he had fo energetic an idea comprefled in his mind, as to make its way with irrefiftible force to the mind of his executioner. If there were falfhood and prejudice mixed with this idea, can we believe that truth is not more powerful than they ? It would be well for the human fpecies, if they were all in this refpect like Marius, all accuftomed to place an intrepid confidence in the fingle energy of intellect. Who fhall fay what there is that would be impoflible to men with thefe habits ? Who fhall fay how far the whole fpecies might be improved, 6 were OF COERCION. 7 o 7 were they accuftomed to defpife force in othefs, and did they bookvit. refufe to employ it for themfelves ? . i *' J But the coercion we are here confidering is exceedingly Coercion for different. It is employed againft an individual whofe violence is over. He is at prefent engaged in no hoftility againft the community or any of its members. He is quietly purfuing thofe occupations which are beneficial to himielf, and injurious to none. Upon what pretence is this man to be the fubject of violence ? For reftraint ? Reftraint from what ? " From fome future injury which it is to be feared he will commit." This is the very argument which has-been employed to juftify the moft execrable of all tyrannies. By what reafonings have the inqui- fition, the employment of fpies and the various kinds of public cenfure directed againft opinion been vindicated ? Becaufe there is an intimate connexion between men's opinions and their con- duct : becaufe immoral fentiments lead by a very probable con- fequence to immoral actions. There is not more reafon, in many cafes at leaft, to apprehend that the man who has once committed robbery will commit it again, than the man who diffipates his property at the gaming-table, or who is accuftomed to profefs that upon any emergency he will not fcruple to have recourfe to this expedient. Nothing can be more obvious than that, whatever precautions may be allowable with refpect to the future, juftice will reluctantly clafs among thefe precautions 4X2 any 708 OF THE PURPOSES BOOK vii. any violence to be committed on my neighbour. Nor are they CHAP. in. ' * <—j oftener unjuft than they are fuperfluous. Why not arm myfelf with vigilance and energy, inftead of locking up every man whom my imagination may bid me fear, that I may fpend my days in undifturbed inactivity ? If communities, inftead of afpiring, as they have hitherto done, to embrace a vaft territory, and to glut their vanity with ideas of empire, were contented with a fmall diftrict with a provifo of confederation in cafes of neceflity, every individual would then live under the public eye and the difapprobation of his neighbours, a fpecies of coercion not derived from the caprice of men, but from the fyftem of the univerfe, would inevitably oblige him either to reform or to emigrate. — The fum of the argument under this head is, that all coercion for the fake of reftraint is punifhment upon fufpicion a fpecies of punifhment, the moft abhorrent to reafon, and arbi- trary in its application, that can be devifed. tion for reforma- The fecond object which coercion may be imagined to pro- ♦ inn * pofe to itfelf is reformation. We have already feen various objections that may be offered to it in this point of view. Coercion cannot convince, cannot conciliate, but on the contrary alienates the mind of him againft whom it is employed. Coer- cion has nothing in common with reafon, and therefore can have no proper tendency to the generation of virtue. Reafon is omnipotent : if my conduct be wrong, a very fimple ftate- ment, flowing from a clear and comprehenfive view, will make it OF COERCION. 709 it appear to be fuch ; nor is there any perverfenefs that can BOOKVir. CHAP. Ill refill the evidence of which truth is capable. But to this it maybe anfwered, " that this view of the fubjecT: Snppafcd * ' J ufes of ad- may indeed be abftractedly true, but that it is not true relative verflt y : to the prefent imperfection of human faculties. The grand requifite for the reformation and improvement of the human fpecies, feems to confift in the roufing of the mind. It is for this reafon that the fchool of adverfity has fo often been con- fidered as the fchool of virtue. In an even courfe of eafy and profperous circumftances the faculties fleep. But, when great and urgent occafion is prefented, it fhould feem that the mind rifes to the level of the occafion. Difficulties awaken vigour and engender ftrength ; and it will frequently happen that the more you check and opprefs me, the more will my faculties fwell, till they burft all the obftacles of oppreffion." The opinion of the excellence of adverfity is built upon a very obvious miftake. If we will diveft ourfelves of paradox and Angularity, we fhall perceive that adverfity is a bad thing, but that there is fomething elfe that is worfe. Mind can neither exift nor be improved without the reception of ideas. It will improve more in a calamitous, than a torpid ftate. A man will fometimes be found wifer at the end. of his career, who has been treated with feverity, than with neglect. But becaufe feverity is one way of generating thought, it does not follow that it is the beft. It 7 io OF THE PURPOSES BOOK vii. It has already been fliown that coercion abfolutely confidered Is \ — -v ' injuftice. Can injuftice be the beft mode of dineminating princi- defeftive : pies of equity and reafon ? Oppreflion exercifed to a certain extent is the moil ruinous of all things. What is it but this, that has habi- tuated mankind to fo much ignorance and vice for fo many thoufand years ? Can that which in its genuine and unlimited ftate is the worft, become by a certain modification and diluting the beft of all things ? All coercion fours the mind. He that fuflfers it, is practically perfuaded of the want of a philanthropy fufficiently enlarged in thofe with whom he is moft intimately connected. He feels that juftice prevails only with great limita- tions, and that he cannot depend upon being treated with juftice. The leflon which coercion reads to him is, " Submit to force, and abjure reafon. Be not directed by the convictions of your underftanding, but by the bafeft part of your nature, the dread of prefent pain, and the pufillanimous terror of the injuftice of others." It was thus Elizabeth of England and Frederic of Pruflia were educated in the fchool of adverfity. The way in which they profited by this difcipline was by finding refources in their own minds, enabling them to regard unmoved the violence that was employed againft them. Can this be the beft poffible mode of forming men to virtue ? If it be, perhaps it is farther requifite that the coercion we ufe mould be flagrantly unjuft, fince the improvement feems to lie not in fubmiflion, but refiftance. But OF COERCION. 711 But it is certain that truth is adequate to awaken the mind BOOKVir. r CHAP. III. without the aid of adverfity. Truth does not confift in a certain < » * unneceffary. number of unconnected propofitions, but in evidence that mows their reality and their value. If I apprehend the value of any purfuit, fhall I not engage in it? If I apprehend it clearly, fhall I not engage in it zealoufly ? If you would awaken my mind in the moll effectual manner, tell me the truth with energy. For that purpofe, thoroughly underfland it yourfelf, impregnate your mind with its evidence, and fpeak from the clearnefs of your view, and the fulnefs of conviction. Were we accuftomed to an education, in which truth was never neglected from indolence, or told in a way treacherous to its excellence, in which the preceptor fubjected himfelf to the perpetual difcipline of finding the way to commu- nicate it with brevity and force, but without prejudice and acri- mony, it cannot be doubted, but fuch an education would be much more effectual for the improvement of the mind, than all the modes of angry or benevolent coercion that can be devifed. The laft object which coercion propofes is example. Had Ie- Coercion for giflators confined their views to reformation and reftraint, their P exertions of power, though miftaken, would ftill have borne the ftamp of humanity. But, the moment vengeance prefented itfelf as a flimulus on the one fide, or the exhibition of a terrible ex- ample on the other, no barbarity was then thought too great. Ingenious cruelty was bufied to find new means of torturing the victim, or of rendering the fpectacle impreffive and horrible. It 7 I2 OF THE PURPOSES OF BOOK VII. CHAP. III. ! , ' *.. nugatory. It has long fince been obferved that this fyftem of policy con- ftantly fails of its purpofe. Farther refinements in barbarity pro- duce a certain impreffion fo long as they are new, but this im- preffion foon vanifhes, and the whole fcope of a gloomy invention is exhaufted in vain *. The reafon of this phenomenon is that, whatever may be the force with which novelty ftrikes the ima- gination, the unchangeable principles of reafon fpeedily recur, and afTert their indeftru£tible empire. We feel the emergencies to which we are expofed, and we feel, or we think we feel, the di&ates of truth directing to their relief. Whatever ideas we form in oppofition to the mandates of law, we draw, with fin- cerity, though it may be with fome mixture of miftake, from the unalterable conditions of our exiftence. We compare them with the defpotifm which fociety exercifes in its corporate capacity, and the more frequent is our comparifon, the greater are our murmurs and indignation againft the injuftice to which we are expofed. But indignation is not afentiment that conciliates; barbarity poflefies none of the attributes of perfuafion. It may terrify; but it can- not produce in us candour and docility. Thus ulcerated with injuftice, our diftrefles, our temptations, and all the eloquence of feeling prefent themfelves again and again. Is it any wonder they fhould prove victorious? With what repugnance fhall we contemplate the prefent forms The neceflity of political co- frorTthTde- °f numan fociety, if we recoiled that the evils which they thus fefts of poli-. tical inftitu- * Beccttna, Dei Delitti e delle Pent. mercilefsly tion. *** OF COERCION. 7*3 mercilefsly avenge, owe their existence to the vices of thofe very BOOK VII. CHAP IIT forms? It is a well known principle of fpeculative truth, that true * v / felf love and focial prefcribe to us exactly the fame fpecies of conduct "*. Why is this acknowledged in fpeculation and perpe- tually contradicted in practice ? Is there any innate perverfenefs in man that continually hurries him to his own deftruction ? This is impoffible ; for man is thought, and, till thought began, he had no propenfities either to good or evil. My propenfities are the fruit of the impreffions that have been made upon me, the good always preponderating, becaufe the inherent nature of things is more powerful than any human inftitutions. The ori- ginal fin of the worft men, is in the perverfenefs of thefe inftitu- tions, the oppofition they produce between public and private good, the monopoly they create of advantages which reafon directs to be left in common. What then can be more fhamelefs than for fociety to make an example of thofe whom fhe has goaded to the breach of order, inftead of amending her own inftitutions, which, by ftraining order into tyranny, produced the mifchief ? Who can tell how rapid would be our progrefs to- wards the total annihilation of civil delinquency, if we did but enter upon the bufinefs of reform in the right manner ? Coercion for example, is liable to all the fame objections as 2. unjuft. coercion for reftraint or reformation, and to certain other ob- jections peculiar to itfelf. It is employed againft a perfon not * Book IV, Chap. IX. 4. Y now 7 i 4 OF THE PURPOSES OF COERCION. BOOK vii. n ow in the commiflion of offence, and of whom we can only CHAP. III. ^ ■* K v ' fufpect that he ever will ofFend. It fuperfedes argument, reafon and conviction, and requires us to think fuch a fpecies of conduct our duty, becaufe fuch is the good pleafure of our fuperiors, and be- caufe, as we are taught by the example in queftion, they will Unfeeling make us rue our flubbornnefs if we think otherwife. In addition character of .... iji it rr this fpecies of to this it is to be remembered that, when I am made to fuffer as coercion. an example to others, I am treated myfelf with fupercilious neglect, as if I were totally incapable of feeling and morality. If you inflict pain upon me, you are either juft or unjuft. If you i be juft, it mould feem necefTary that there mould be fomething in me that makes me the fit fubject of pain, either defert, which is abfurd, or mifchief I may be expected to perpetrate, or laftly a tendency to reformation. If any of thefe be the reafon why the fuffering I undergo is juft, then example is out of the queftion : it may be an incidental confequence of the procedure, but it can form no part of its principle. It muft furely be a very inartificial and injudicious fcheme for guiding the fentiments of mankind ; to fix upon an individual as a fubject of torture or death, refpedt- ing whom this treatment has no direct fitnefs, merely that we may bid others look on, and derive inftruction from his mifery. This argument will derive additional force from the reafonings of the following chapter. CHAP. [ 7*5 ] CHAP. IV. GF THE APPLICATION OF COERCION. ^ DELINQUENCY AND COERCION INCOMMENSURABLE — EX- TERNAL ACTION NO PROPER SUBJECT OF CRIMINAL ANI- MADVERSION — HOW FAR CAPABLE OF PROOF. — INIQUITY OF THIS STANDARD IN A MORAL — AND IN A POLITICAL VIEW. — PROPRIETY OF A RETRIBUTION TO BE MEASURED BY THE INTENTION OF THE OFFENDER CONSIDERED. SUCH A PROJECT WOULD OVERTURN CRIMINAL LAW — WOULD ABOLISH COERCION. INSCRUTABILITY, I. OF MOTIVES DOUBTFULNESS OF HISTORY — DECLARATIONS OF SUFFERERS. — 2. OF THE FUTURE CONDUCT OF THE OFFENDER UNCERTAINTY OF EVIDENCE — EITHER OF THE FACTS — OR THE INTENTION. — DISADVANTAGES OF THE DEFENDANT IN A CRIMINAL SUIT. ' A FARTHER confideration, calculated to fhow, not only BOOKVII. CHAP. IV. the abfurdity of coercion for example, but the iniquity of Delinquency coercion in general, is, that delinquency and coercion are in all and coercion fncommen- cafes incommenfurable. No ftandard of delinquency ever has furable. been or ever can be difcovered. No two crimes were ever alike; 4 Y 2 and 7 i6 OF THE APPLICATION BOOK vn. and therefore the reducing them explicitly or implicitly to gene- va — „ > ral clafles, which the very idea of example implies, is abfurd, Nor is it lefs abfurd to attempt to proportion the degree of fuffer- ing to the degree of delinquency, when the latter can never be difcovered. Let us endeavour to clear in the moft fatisfaftory manner the truth of thefe propofitions. External ac- Man, like every other machine the operations of which can tion no pro- J x crimfoaf 61 ° f ^ e ma ^ e tne object °f our fenfes, may be faid, relatively, not ab- animadver- f i ute ]y fpeaking, to confift of two parts, the external and the internal. The form which his actions affume is one thing ; the principle from which they flow is another. With the former it is poflible we fhould be acquainted ; refpecting the latter there is no fpecies of evidence that can adequately inform us. Shall we proportion the degree of fufFering to the former or the latter, to the injury fuftained by the community, or to the quantity of ill intention conceived by the offender ? Some philofophers, fenfible of the infcrutability of intention, have declared in favour of our attending to nothing but the injury fuftained. The humane and benevolent Beccaria has treated this as a truth of the utmoft im- portance, " unfortunately neglected by the majority of political inftitutors, and preferved only in the difpaflionate fpeculation. of philofophers *.'* * " 0$uejla e una di quelle palpabili ver'tta, die per una maravigliofa cotnbinazione di circojlanze non fono con dtcifa Jicurezza conofciute, che da alcuni pochi penfatori VQtnini d' ogni nazione, e d'ogni fecolo" Dei Dclitti e delle Pent. 2 It OF COERCION. 7 i 7 It is true that we may in many inftances be tolerably informed BOOK VII. * CHAP IV refpecting external actions, and that there will at firft fight » J. > i • how far capa- appear to be no great difficulty in reducing them to general bk of proof, rules. Murder, according to this fyftem, will be the exertion of any fpecies of action affecting my neighbour, fo as that the con- fequences terminate in death. The difficulties of the magiftrate are much abridged upon this principle, though they are by no means annihilated. It is well known how many fubtle difqui- fitions, ludicrous or tragical according to the temper with which we view them, have been introduced to determine in each parti- cular inftance, whether the action were or were not the real occafion of the death. It never can be demonftratively afcertained. But, difmiffing this difficulty, how complicated is the iniquity iniquity- of of treating all inftances alike, in which one man has occafioned the in amoral: death of another? Shall we abolifh the imperfect diftin&ions, which the moll odious tyrannies have hitherto thought them- felves compelled to admit, between chance medley, man- flaughter and malice prepenfe ? Shall we inflict on the man who, in endeavouring to fave the life of a drowning fellow creature, overfets a boat and occafions the death of a fecond, the fame fuffering, as on him who from gloomy and vicious habits is incited to the murder of his benefactor ? In reality the injury and m a poii- ticalview, . fuftained by the community is by no means the fame in thefe two cafes ; the injury fuftained by the community is to be meafured 7 i8 OF THE APPLICATION BOOK vir. meafured by the antifocial difpofitions of the offender, and, if CHAP. IV. that were the right view of the fubject, by the encourage- ment afforded to fimilar difpofitions from his impunity. But this leads us at once from the external action to the unlimited confideration of the intention of the actor. The iniquity of tbe written laws of fociety is of precifely the fame nature, though not of fo atrocious a degree, in the confufion they actually in- troduce between varied intentions, as if this confufion were unlimited. The delinquencies recited upon a former occafion, of " one man that commits murder, to remove a troublefome obferver of his depraved difpofitions, who will otherwife coun- teract and expofe him to the world ; a fecond, becaufe he can- not bear the ingenuous fincerity with which he is told of his vices ; a third, from his intolerable envy of fuperior merit ; a fourth, becaufe he knows that his adverfary meditates an act pregnant with extenfive mifchief, and perceives no ottfer mode by which its perpetration can be prevented ; a fifth, in defence of his father's life or his daughter's chaftity *, and any of thefe, either from momentary impulfe, or any of the infinite fhades of deliberation *;" — are delinquencies all of them unequal, and entitled to a very different cenfure in the court of reafon. Can a fyftem that levels thefe inequalities, and confounds thefe differ- ences, be productive of good ? That we may render men beneficent towards each other, fhall we fubvert the very nature * Book. II, Chap. VI, p. 131. X)f 0$ COERCION. 7 i 9 of right and wrong ? Or is not this fyftem, from whatever pre- BOOK vrr. fences introduced, calculated in the moft powerful manner to ■»* produce general injury? Can there be a more flagrant injury than to infcribe as we do in effect upon our courts of judgment, " This is the Hall of Juftice, in which the principles of right and wrong are daily and fyftematically flighted, and offences of a thoufand different magnitudes are confounded together, by the infolent fupinenefs of the legiflator, and the unfeeling feliifh- nefs of thofe who have engroifed the produce of the general labour to their fole emolument !" But fuppofe, fecondly, that we were to take the intention of Propriety of a retribution the offender, and the future injury to be apprehended, as the to be mea- ' J J ft ■> fared by the flandard of infliction. This would no doubt be a confiderable intention of the offender improvement. This would be the true mode of reconciling considered. coercion and juftice, if for reafons already affigned they were not in their own nature incompatible. It is earneftly to be defired that this mode of adminiftring retribution mould be ferioufly attempted. It is to be hoped that men will one day attempt to eftablifh an accurate criterion, and not go on for ever, as they have hitherto done, with a fovereign contempt of equity and reafon. This attempt would lead by a very obvious procefs to the abolition of all coercion. It would immediately lead to the abolition of all criminal law. Such a pro- An enlightened and reafonable judicature would have recourfe, overturn cri- minal law: in order to decide upon the caufe before them, to no code but 4. the 720 OF THE APPLICATION BOOK VjL the code of reafon. They would feel the abfurdlty of other men's teaching them what they mould think, and pretending to underftand the cafe before it happened, better than they who had all the circumftances of the cafe under their inflection. They would feel the abfurdity of bringing every error to be compared with a certain number of meafures previoufly invented, and compelling it to agree with one of them. But we fhall fhortly have occafion to return to this topic *. would abolifli The greateft advantage that would refult from men's deter- coercion. mining to govern themfelves in the fuffering to be inflicted by the motives of the offender and the future injury to be appre- hended, would confift in their being taught how vain and iniquitous it is in them to attempt to wield the rod of retribu- Infcrutabilky tion. Who is it that in his fober reafon will pretend to aflign i. of motives. the motives that influenced me in any article of my conduct, and upon them to found a grave, perhaps a capital, penalty againft me ? The attempt would be prefumptuous and abfurd, even though the individual who was to judge me, had made the longeft obfervation of my character, and been moft intimately acquainted with the feries of my actions. How often does a man deceive himfelf in the motives of his conduct, and affign it to one principle when it in reality proceeds from another ? Can we expect that a mere fpectator fhould form a judgment fufE- ciently correct, when he who has all the fources of information * Chap. VIII. in OF COERCION. 721 in his hands, Is neverthelefs miftaken ? Is it not to this hour a ^ y ]J' difpute among philofophers whether I be capable of doing good to my neighbour for his own fake ? " To afcertain the intention of a man it is neceffary to be precifely informed of the actual impreffion of the objects upon his fenfes, and of the previous difpofition of his mind, both of which vary in different perfons, and even in the fame perfon at different times, with a rapidity commenfurate to the fucceifion of ideas, paffions and circum- ftances *;'•' Meanwhile the individuals, whofe office it is to judge of this infcrutable myftery, are poffeifed of no previous knowledge, utter ftrangers to the perfon accufed, and collecting their only lights from the information of two or three ignorant and prejudiced witneffes. What a vaft train of actual and poffible motives enter into the hiftory of a man, who has been incited to deftroy the life of another ? Can you tell how much in thefe there was of appre- hended iuftice and how much of inordinate felfifhnefs ? how much of hidden paffion, and how much of rooted depravity ? how much of intolerable provocation, and how much of fpon- taneous wrong ? how much of that hidden infinity which * " Quejla \V'uitftnuont\ dipcnde dalla imprejfione attuale degli cggetti, et dulla pre- cedent difpo/izione della mente : ejfe variant) in ttttti g/i nomini e in ciafcun uotno colla vehciffima fuccejfione delle idee, dclle pajjioni, e dclle arcoftanze." He adds, " Sarebbe- dttnque necejfario formare non Jolo tin codice particolare per ciofiun cittadino, ma una unova legge ad ogni dcHtto." 4 Z hurries 722 OF THE APPLICATION BOOK VII. hurries the mind into a certain action by a fort of incontinence CHAP. IV. » ; > of nature almoft without any affignablernotive, and how much douhtfulnefs of incurable habit ? Confider the uncertainty of hiftory. Do of hiftory : we not flill difpute whether Cicero were more a vain or a virtu- ous man, whether the heroes of ancient Rome were impelled by vain glory or difinterefted benevolence, whether Voltaire were the ftain of his fpecies, or their moil generous and intrepid benefa&or ? Upon thefe fubje&s moderate men perpetually quote upon us the impenetrablenefs of the human heart. Will moderate men pretend that we have not an hundred times more evidence upon which to found our judgment in thefe cafes, than in that of the man who was tried lafh week at the Old Bailey ? declarations , This part of the fubjecT: will be put in a ftriking light, if we of iufferers. t recoiled: the narratives that have been written by condemned criminals. In how different a light do they place the tranfa&ions that proved fatal to them, from the conftruction that was put upon them by their judges ? And yet thefe narratives were written under the moft awful circumftances, and many of them without the leaft hope of mitigating their fate, and with marks of the deepeft fincerity. Who will fay that the judge with his flender pittance of information was more competent to decide upon the motives, than the prifoner after the fevereft fcrutiny of his own mind ? How few are the trials which an humane and a juft man can read, terminating in a verdict of guilty, without feeling an uncontrolable repugnance againft the verdicl: ? If there be any fight more humiliating than all others, it is that of a miferable OF COERCION. 723 a miferable victim a:?:^owledging the juftice of a fentence, BOOKVir, . • p ... CHAP. IV. againft which every enlightened reafoner exclaims with horror, v „ * But this is not all. The motive, when afcertained, is only ^ r ° ^0^% a fubordinate part of the queftion. The point upon which only f cm i S r, 01 fociety can equitably animadvert, if it had any jurifdiction in the cafe, is a point, if poffible, ftill more infcrutable than that of which we have been treating. A legal inquifition into the minds of men, confidered by itfelf, all rational enquirers have agreed to condemn. What we want to afcertain is, not the intention of the offender, but the chance of his offending again. For this purpofe we reafonably enquire firft into his intention. But, when we have found this, our tafk is but begun. This is one of our materials, to enable us to calculate the probability of his repeating his offence, or being imitated by others. Was this an habitual ftate of his mind, or was it a crifis in his hiftory likely to remain an unique ? What effect has experience pro- duced on him, or what likelihood is there that the uneahnefs and fuffering that attend the perpetration of eminent wrong may have worked a falutary change in his mind ? Will he hereafter be placed in circumftances that fhall propel him to the fame enormity ? Precaution is in the nature of things a ftep in the higheft degree precarious. Precaution that coniifts in inflicting injury on another, will at all times be odious to an equitable mind. Meanwhile be it obferved, that all which has been faid upon die uncertainty of crime, tends to aggravate the injuftice 4 Z 2 of 7 2 4 OF THE APPLICATION BOOK VII. of coercion for the fake of example. Since the crime upon CHAP. IV. , . , T . , 11/- i i y j which I animadvert in one man can never be the lame as the crime of another, it is as if I mould award a grievous penalty againft perfons with one eye, to prevent any man in future from putting out his eyes by defign. Uncertainty One more argument calculated to prove the abfurdity of the of evidence : attempt to proportion delinquency and fuffering to each other fads: ma y b e derived from the imperfection of evidence. The veracity of witneffes will be to an impartial fpectator a fubject of continual doubt. Their competence, fo far as relates to juft obfervation and accuracy of underftanding, will be Hill more doubtful. Abfolute impartiality it would be abfurd to expect from them. How much will every word and everv action come diftorted by the medium through which it is tranfmitted ? The guilt of a man, to fpeak in the phrafeology of law, may be proved either by direct or circumftantial evidence. I am found near to the body of a man newly murdered. I come out of his apartment with a bloody knife in my hand or with blood upon my clothes. If, under thefe circumftances and unexpectedly charged with murder, I falter in my fpeech or betray perturba- tion in my countenance, this is an additional proof. Who does not know that there is not a man in England, however blame- lefs a life he may lead, who is fecure that he mail not end it at the gallows ? This is one of the moft obvious and univerfal bleflings that civil government has to beftow. In what is called direct OF COERCION. 725- direct evidence, it is neceffary to identify the perfon of the offender. BOOK vn. CHAP. IV. How many mitances are there upon record of perfons con- demned upon this evidence, who after their death have been proved entirely innocent ? Sir Walter Raleigh, when a prifoner in the Tower, heard fome high words accompanied with blows under his window. He enquired of feveral eye witneffes who en- tered his apartment in fucceflion, into the nature of the tranfaction. But the ftory they told varied in fuch material circumftances, that he could form no juft idea of what had been done. He applied this to prove the vanity of hiftory. The parallel would have been more ftriking if he had applied it to criminal fuits. But fuppofing the external action, the firfl part of the queftion or the intea- tion. to be afcertained, we have next to difcover through the fame garbled and confufed medium the intention. How few men fhould I choofe to entruft with the drawing up a narrative of fome delicate and interefting tranfaction of my life ? How few, though, corporally fpeaking, they were witneffes of what was done, would juftly defcribe my motives, and properly re- port and interpret my words ? And yet in an affair, that involves my life, my fame and my future ufefulncfs, I am obliged to truft to any vulgar and cafual obferver. A man properly confident in the force of truth, would con- Disadvantages of thedefend- fider a public libel upon his chara&er as a trivial misfortune. But an . 1 ' n a . cri - minal fait. a criminal trial in a court of juftice is inexpreflibly different. Few 4 men, 72 6 OF THE APPLICATION OF COERCION. BOOK VII. men, thus circumftanced, can retain the necefTary prefence of t / mind and freedom from embarraflment. But, if they do, it is with a cold and unwilling ear that their tale is heard. If the crime charged againft them be atrocious, they are half condemned in the paflions of mankind, before their caufe is brought to a trial. All that is interefting to them is decided amidft the firft burft of indignation ; and it is well if their ftory be impartially eftimated, ten years after their body has mouldered in the grave. Why, if a confiderable time elapfe between the trial and the exe- cution, do we find the feverity of the public changed into com- panion ? For the fame reafon that a mafter, if he do not beat his Have in the moment of refentment, often feels a repugnance to the beating him at all. Not fo much, as is commonly fuppofed, from forgetfulnefs of the offence, as that the fentiments of reafon have time to recur, and he feels in a confufed and indefinite man- ner the injuftice of coercion. Thus every confideration tends to fhow, that a man tried for a crime is a poor deferted individual with the whole force of the community confpiring his ruin. The culprit that efcapes, however confcious of innocence, lifts up his hands with aftonifhment, and can fcarcely believe his fenfes, having fuch mighty odds againft him. It is eafy for a man who defires to fhake off an imputation under which he labours, to talk of being put on his trial; but no man ever ferioufly wifhed for this ordeal, who knew what a trial was. CHAP. [ 7*7 ] CHAP. V. OF COERCION CONSIDERED AS A. TEMPORARY EXPEDIENT. ARGUMENTS IN ITS FAVOUR. — ANSWER. IT CANNOT FIT MEN FOR A BETTER ORDER OF SOCIETY. — THE TRUE REMEDY TO PRIVATE INJUSTICE DESCRIBED — IS ADAPTED TO IMMEDIATE PRACTICE. — DUTY OF THE COMMUNITY IN THIS RESPECT. — DVTY OF INDIVIDUALS. ILLUSTRA- TION FROM THE CASE OF WAR — OF INDIVIDUAL DE- FENCE. — APPLICATION. — DISADVANTAGES OF ANARCHY — WANT OF SECURITY — OF PROGRESSIVE ENQUIRY. — CORRESPONDENT DISADVANTAGES OF DESPOTISM. — ANARCHY AWAKENS, DESPOTISM DEPRESSES THE MIND. ■ — FINAL RESULT OF ANARCHY HOW DETERMINED. SUPPOSED PURPOSES OF COERCION IN A TEMPORARY VIEW. — REFORMATION EXAMPLE RESTRAINT. CONCLUSION. THUS much for the general merits of coercion confidered BOOK VII. as an inftrument to be applied in the government of men. It is time that we mould enquire into the arguments by which it may be apologifed as a temporary expedient. No introduction 6 feemed 7 2S OF COERCION CONSIDERED BOOK VII. feemed more proper to this enquiry than fuch a review of the «- -> fubject upon a comprehenfive fcale; that the reader might be in- fpired with a fuitable repugnance againft fo pernicious a fyftem, and prepared firmly to refill its admilTion in all cafes where its ne- ceffity cannot be clearly demonstrated. Argaimentuin The arguments in favour of coercion as a temporary expedient its favour. are obvious. It may be alledged that, " however fuitable an en- tire immunity in this refpeft may be to the nature of mind abfo- lutely confidered, it is impracticable with regard to men as we now find them. The human fpecies is at prefent infected with a thoufand vices, the offspring of eftablifhed injuftice. They are full of factitious appetites- and perverfe habits : headftrong in evil, inveterate in felfifhnefs, without fympathy and forbear- ance for the welfare of others. In time they may become ac- commodated to the leflons of reafon ; but at prefent they would be found deaf to her mandates, and eager to commit every fpe- cies of injuftice." Anfwer. One of the remarks that moft irrefiflibly fuggeft themfelves men for a ' upon this ftatement is, that coercion has no proper tendency to ef ibciety. prepare men for a ftate in which coercion fhall ceafe. It is ab- furd to expect that force fhould begin to do that which it is the office of truth to finifh, fhould fit men by feverity and violence to enter with more favourable aufpices into the fchools of reafon. But, AS A TEMPORARY- EXPEDIENT. 7 2 9 But, to omit this grofs mifreprefentation In behalf of the fup- BOOK vn. CHAP V pofed utility of coercion, it is of importance in the firft place to v - \' '> obferve that there is a complete and unanswerable remedy to thofe medy to pri- evils the cure of which has hitherto been fought in coercion, that defcribed: L is within the reach of every community whenever they ihall be perfuaded to adopt it. There is a ftate of fociety, the outline of which has been already fketched % that by the mere fimplicity of its ftructure would infallibly lead to the extermination of offence : a ftate, in which temptation would be almoft unknown, truth brought down to the level of all apprehenfions, and vice fuffi- ciently checked by the general diicountenance and fober con- demnation of every fpedtator. Such are the confequences that would neceffarily fpring from an abolition of the craft and myftery of governing ; while on the other hand the innumerable mur- ders that are daily committed under the fan£tion of legal forms, are folely to be afcribed to the pernicious notion of .an extenfive territory ; to *he dreams of glory, empire and national greatnefs, which have hitherto proved the bane of the human fpecies, without producing folid benefit and happinefs to a fingle in- dividual. Another obfervation which this coniideration immediately is adapted t« immediate fuggefts, is, that it is not, as the objection fuppoled, by any prafticc. means neceffary, that mankind ihould pafs through a ftate of purification, and be freed from the vicious propenfities which * Book V, Chap. XXII, p. 565. ? A ill 73 o OF COERCION CONSIDERED BOOK VII. ill conftituted governments have implanted, before they can be CHAP. V. j difmiffed from the coercion to which they are at prefent fub- je&ed. In that cafe their ftate would indeed be hopelefs, if it were neceflary that the cure fhould be effected, before we were at liberty to difcard thofe practices to which the difeafe owes its molt alarming fymptoms. But it is the characteriftic of a well formed fociety, not only to maintain in its members thofe virtues with which they are already indued, but to extirpate their errors, and render them benevolent and juft to each other. It frees us from the influence of thofe phantoms which before mifled us, fhows us our true advantage as confiding in independence and integrity, and binds us by the general confent of our fellow ci- tizens to the dictates of reafon, more ftrongly than with fetters of iron. It is not to the found of intellectual health that the remedy fo urgently addreffes itfelf, as to thofe who are infected with difeafes of the mind. The ill propenfities of mankind no otherwife tend to poftpone the abolition of coercion, than as they prevent them from perceiving the advantages of political fimplicity. The mo- ment in which they can be perfuaded to adopt any rational plan for this abolition, is the moment in which the abolition ought to be effected. Duty of th« A. farther confequence that may be deduced from the principles community in , this refpeft. that have here been delivered,is that coercion of a domeftlc kind can Jn no cafe be the duty of the community. The community is always competent to change its inftitutions, and thus to extirpate offence 8 in AS A TEMPORARY EXPEDIENT. 731 in a way infinitely more rational and juft than that of coercion. BOOK vir. CHAP V If in this fenfe coercion has been deemed neceffary as a tern- * „ ' > porary expedient, the opinion admits of fatisfactory refutation. Coercion can at no time, either permanently or provifionally,make part of any political fyftem that is built upon the principles of reafon. But, though in this fenfe coercion cannot be admitted fo much Dutyofindf. viduals. as a temporary expedient, there is another fenfe in which it muft be fo admitted. Coercion exercifed in the name of the ftate upon its refpective members cannot be the duty of the com- munity ; but coercion may be the duty of individuals within the community. The duty of individuals is, in the firft place, to difplay with all poffible perfpicuity the advantages of an im- proved ftate of fociety, and to be indefatigable in detecting the imperfections of the conftitution under which they live. But, in the fecond place, it behoves them to recollect, that their efforts cannot be expected to meet with inftant fuccefs, that the progrefs- of knowledge has in all cafes been gradual, and that their obli- gation to promote the welfare of fociety during the intermediate period is not lefs real, than their obligation to promote its future and permanent advantage. In reality the future advantage can- not be effectually procured, if we be inattentive to the prefent fe- curity. But, as long as nations fhall be fo far miftaken as to en- dure a complex government and an extenfive territory, coercion will be indifpenfibly neceffary to general fecurity. It is therefore the duty of individuals to take an active fhare upon occafion, in- 5 A a fo 732 OF COERCION CONSIDERED r.OOKVll. fii much coercion, and in fuch parts of the exifting fyftem-, as j fhal! be fufHcient to prevent the inroad of univerfal violence and tumult. It is unworthy of a rational enquirer to fay, " thefe things are neceffary, but I am not obliged to take my fhare in them." If they be neceffary, they are neceffary for the general good ; of confequence are virtuous, and what no juft man will refufe to perform. Illuftrarion The duty of individuals is in this refpect fimilar to the duty from the cafe of war: of independent communities upon the fubject of war. It is well known what has been the prevailing policy of princes under this head. Princes, efpecially the moft active and enter- prifing among them, are feized with an inextinguifhable rage for augmenting their dominions. The moft innocent and in- offenfive conduct on the part of their neighbours is an in- fufHcient fecurity againft their ambition. They indeed feek to difguife their violence under plaufible pretences ; but it is well known that, where no fuch pretences occur, they are not on that account difpofed to drop their purfuit. Let us fuppofe then a land of freemen invaded by one of thefe defpots. What conduct does it behove them to adopt ? We are not yet wife enough to make the fword drop out of the hands of our oppreffors by the mere force of reafon. Were we refolved, like quakers, neither to oppofe nor obey them, much bloodihed might perhaps be avoided : but a more lading evil would refulr. They would fix garrifons in our country, and torment us with perpetual AS A TEMPORARY EXPEDIENT, perpetual injuftice. Suppofing even it were granted that, if the BQOK \ n. C H A P V invaded nation fhould conduct itfelf with unalterable epnftancy v^l_l^_ ', upon the principles of reafon, the invaders would become tired of their fruitlefs ufurpation, it would prove but little. At p relent we have to do, not with nations of philofophers, but with nations of men whofe virtues are alloyed with weaknefs, fluctu- ation and inconftancy. At prefent it is our duty to confult refpect- ing the procedure which to fuch nations would be attended with the moll favourable refult. It is therefore proper that we fhould choofe the leall calamitous mode of obliging the enemy fpeedily to withdraw himfelf from our territories. The cafe of individual defence is of the fame nature. It does of individual defence. not appear that any advantage can refult from my forbearance, adequate to the difadvantages of my fuffering my own life or that of another, a peculiarly valuable member of the community as it may happen, to become a prey to the firft ruffian who inclines to deftroy it. Forbearance in this cafe will be the con- duct of a Angular individual, and its effect may very probably be trifling. Hence it appears, that I ought to arreft the villain in the execution of his defigns, though at the expence of a certain degree of coercion. The cafe of an offender, who appears to be hardened in guilt, Application. and to trade in the violation of focial fecurity, is clearly parallel to thefe. I ought to take up arms againft the defpot by whom my country 734 OF COERCION CONSIDERED book vii. country is invaded, becaufe my capacity does not enable me by CHAP. V. '■> arguments to prevail on him to defift, and becaufe my country- men will not preferve their intellectual independence in the midft of oppreffion. For the fame reafon I ought to take up arms againft the domeftic fpoiler, becaufe I am unable either to perfuade him to defift, or the community to adopt a juft political inftitution, by means of which fecurity might be main- tained confiflently with the abolition of coercion. To underftand the full extent of this duty it is incumbent upon us to remark that anarchy as it is ufually underftood, and a well conceived form of fociety without government, are exceed- ingly different from each other. If the government of Great Britain were diffolved to-morrow, unlefs that diffolution were the refult of confiftent and digefted views of political juftice pre- vioufly difleminated among the inhabitants, it would be very far from leading to the abolition of violence. Individuals, freed from the terrors by which they had been accuftomed to be reftrained, and not yet placed under the happier and more rational reftraint of public infpedion, or convinced of the wifdom of reciprocal forbearance, would break out into ads of injuftice,, while other individuals, who defired only that this irregularity mould ceafe, would find themfelves obliged to afTociate for its forcible fup- preffion. We fhould have all the evils attached to a regular government, at the fame time that we were deprived of that tranquillity and leifure which are its only advantages. It AS A TEMPORARY EXPEDIENT. 7iS It may not be ufelefs in this place to confider more accurately BOOK vn. than we have hitherto done the evils of anarchy. Such a review > „ * Difadvan- will afford us a criterion by which to difcern, as well the com- tages of anarchy ; parative value of different inftitutions, as the precife degree of coercion whioh mull be employed for the exclufion of univerfal violence and tumult. Anarchy in its own nature is an evil of fhort duration. The want of fc- curity: more horrible are the mifchiefs it inflicts, the more does it haften to a clofe. But it is neverthelefs neceffary that we fhould confider both what is the quantity of mifchief it-produces in a given period, and what is the fcene in which it promifes to clofe. The firft victim that is facrificed at its fhrine is perfonal fecurity. Every man who has a fecret foe, ought to dread the dagger of that foe. There is no doubt that in the word anarchy multitudes of men will fleep in happy obfcurity. But woe to him who by whatever means excites the envy, the jealoufy or the fufpicion of his neighbour ! Unbridled ferocity inftantly marks him for its prey. This is indeed the principal evil of fuch a ftate, that the wifeft, the brighteft, the mofl generous and bold will often be mofl expofed to an immature fate. In of pwgreffive enquiry, fuch a ftate we muft bid farewel to the patient lucubrations of the philofopher and the labour of the midnight oil. All is here, like the fociety in which it exifts, impatient and headlong. Mind will frequently burft forth, but its appearance will be like the corruptions of the meteor, not like the mild illumination of the 73 6 OF COERCION CONSIDERED BOOK VII. the fun. Men, who ftart forth into fudden energy, will refem- ^CHAP.V. ^ e .^ tem p er t ^ e ^ ate jjjat brought them to this unlooked for greatnefs. They will be rigorous, unfeeling and fierce ; and their ungoverned paffions will often not ftop at equality, but incite them to grafp at power. . • Correfpond- ent difadvan- tages of def- potifm. With all thefe evils, we rauft not haftily conclude, that the mifchiefs of anarchy are worfe than thofe which government is qualified to produce. With refpect to perfonal fecurity anarchy is certainly not worfe than defpotifm, with this difference that defpotifm is as perennial as anarchy is tranfitory. Defpotifm, as it exifted under the Roman emperors, marked out wealth for its victim, and the guilt of being rich never failed to convict the accufed of every other crime. This defpotifm continued for centuries. Defpotifm, as it has exifted in modern. Europe, has been ever full of jealoufy and intrigue, a tool to the rage of courtiers and the refentment of women. He that dared utter a word againft the tyrant, or endeavour to inftrucT: his countrymen in their interefts, was never fecure that the next moment would not conduct him to a dungeon. Here defpotifm wreaked her vengeance at leifure, and forty years of mifery and folitude were fometimes infufficient to fatiate her fury. Nor was this all. An ufurpation that defied all the rules of juftice, was obliged to purchafe its own fafety by aflifting tyranny through all its fub- ordinate ranks. Hence the rights of nobility, of feudal vaffal- age, of primogeniture, of lines and inheritance. When the i philofophy AS A TEMPORARY EXPEDIENT. 737 philofophy of law mail be properly underflood, the true key to BOOK vir. CHAP. V. its fpirk and its hiftory will be found, not, as fome men have v ' > fondly imagined, in a defire to fecu're the happinefs of mankind, but in the venal compact by which fuperior tyrants have pur- chafed the countenance and alliance of the inferior. There is one point remaining in which anarchy and defpo- Anarchy tifin are ftrongly contrafted with each other. Anarchy awakens poufmde- mind, diffufes energy and enterprize through the community, ami. though it does not effect this in the beft manner, as its fruits, forced into ripenefs, muft not be expected to have the vigorous ftamina of true excellence. But in defpotifm mind is trampled into an equality of the moft odious fort. Every thing that pro- mifes greatnefs is deftined to fall under the exterminating hand of fufpicion and envy. In defpotifm there is no encouragement to excellence. Mind delights to expatiate in a field where every fpecies of eminence is within its reach. A fcheme of policy, under which all men are fixed in claffes or levelled with the duft, affords it no encouragement to enter on its career. The in- habitants of fuch countries are but a more vicious fpecies of brutes. Oppreffion ftimulates them to mifchief and piracy, and fuperior force of mind often difplays itfelf only in deeper treachery •or more daring injuftice. One of the moil interefting queftions in relation to anarchy is Final refuk of anarchy * 5 B that 73 8 OF COERCION CONSIDERED BOOK vii. that of the manner in which it may be expected to terminate. CHAP. V. _, „, ... . . . . ■ . .. , The poffibihties as to this termination are as wide as the various fchemes of fociety which the human imagination can conceive. Anarchy may and has terminated in defpotifm ; and in that cafe the introduction of anarchy will only ferve to amid us with variety of evils. It may lead to a modification of defpo- tifm, a milder and more equitable government than that which has gone before. And it does not feem impofhble that it fhould lead to the beft form of human fociety, that the moft penetrating philofopher is able to conceive. Nay, it has fomething in it that fuggefts the likenefs, a diftorted and tremendous likenefs, of true liberty. Anarchy has commonly been generated by the hatred of oppreffion. It is accompanied with a fpirit of inde- pendence. It difengages men from prejudice and implicit faith, and in a certain degree incites them to an impartial fcrutiny into the reafon of their actions. how deter- The fcene in which anarchy fhall terminate principally de- pends upon the ftate of mind by which it has been preceded. All mankind were in a ftate of anarchy, that is, without govern- ment, previoufly to their being in a ftate of policy. It would not be difficult to find in the hiftory of almoft every country a period of anarchy. The people of England were in a ftate of anarchy immediately before the Reftoration. The Roman peo- ple were in a ftate of anarchy at the moment of their feceffion to the Sacred Mountain, Hence it follows that anarchy is 9 neither mined. AS A TEMPORARY EXPEDIENT. ' 739 neither fo good nor fo ill a thing in relation to its cpnfequences, BOOK VII. CHAP V as it has fometimes been reprefented. It is not reafonable to expect that a fhort period of anarchy fhould do the work of a long period of inveftigation and philo- fophy. When we fay, that it difengages men from prejudice and implicit faith, this muft be underftood with much allow- ance. It tends to loofen the hold of thefe vermin upon the mind, but it does not inftantly convert ordinary men into philo- fophers. Some prejudices, that were never fully incorporated with the intellectual habit, it deftroys ; but other prejudices it arms with fury, and converts into inftruments of vengeance. Little good can be expected from any fpecies of anarchy that fhould fubfift for inftance among American favages. In order to anarchy being rendered a feed plot of future juftice, reflexion and enquiry muft have gone before, the regions of philofophy muft have been penetrated, and political truth have opened her fchool to mankind. It is for this reafon that the revolutions of the prefent age (for every total revolution is a fpecies of anarchy) promife much happier effects than the revolutions of any former period. For the fame reafon the more anarchy can be held at bay, . the more fortunate will it be for mankind. Falfhood may gain by precipitating the crifis ; but a genuine and enlightened philanthropy will wait with unaltered patience for the harveft of instruction. The arrival of that harveft may be flow, but it 5B2 is 74° OF COERCION CONSIDERED] BOOK VII. is infallible. If vigilance and wifdom be fuccefsful in their pre- CHAP. V. fent oppofition to anarchy, every benefit will be ultimately ob- tained, untarnifhed with violence, and unftained with blood. Thefe obfervations are calculated to lead us to an accurate eftimate of the mifchiefs of anarchy r and prove that there are forms of coercion and government more injurious in their tendency than the abfence of organifation itfelf. They alfo prove that there are other forms of government which deferve in ordi- nary cafes to be preferred to anarchy. Now it is incontrovertibly clear that, where one of two' evils is inevitable, the wife and juft man will choofe the Ieaft. Of confequence the wife and jufl man, being unable as yet to introduce the form of fociety which his underftanding approves, will contribute to the fupport . of fo much coercion, as is neceffary to exclude what is worfe, anarchy. Snppofed purpofes of coercion in a temporary view ; If then conftraint as the antagonift of conftraint muft m cer- tain cafes and under temporary circumftances be admitted, it is an interefting enquiry to afcertain which of the three ends of coercion already enumerated muft be propofed by the individuals by whom coercion is employed. And here it will be fufficient very briefly to recollect the reafonings that have been ftated under each of thefe heads. reformation : It cannot be reformation. To reform a man is to change the fentiments AS A TEMPORARY EXPEDIENT. 741 fentiments of his mind. Sentiments may be changed either for BOOK VII. CHAP. V. the better or the worfe. They can only be changed by the » .,'*■' operation of falfhood or the operation of truth. Punifhment we have already found, at leaft fo far as relates to the individual, is- injustice. The infliction of ftripes upon my body can throw no new light upon the queStion between us. I can perceive in them nothing but your paSfion, your ignorance and your mis- take. If you have any new light to offer, any cogent arguments to introduce ; they will not fail, if adequately prefented,. to pro- duce their effect. If you be partially informed, ftripes will not fupply the deficiency of your arguments. Whatever be the extent or narrownefs of your wifdom, it is the only, instrument; by which you can hope to add to mine. You cannot give that which you do not poffefs. When all is done, 1 have nothing but the truths you- told me by which to derive light to my un- derstanding. The violence with which the communication of them was accompanied, may prepoffefs me againft giving them an impartial hearing, but cannot, and certainly ought not, to make their evidence appear greater than your Statement was able to make it; — Thefe" arguments are conclufive againft coercion as an instrument of private or individual education. But confidering the Subject in a political view it may oe faid, " that, however Strong may be the ideas I am able to commu- nicate to a man in order to his reformation, he may be reStlefs and impatient of expostulation, and of confequence it may be ne- ceffary 742 OF COERCION CONSIDERED BOOK VII. cefiary to retain him by force, till I can properly have inftilled CH AP V J thefe ideas into his mind." It muft be remembered that the idea here is not that of precaution to prevent the mifchiefs he might perpetrate in the mean time, for that belongs to another of the three ends of coercion, that of reftraint. But, feparately from this idea, the argument is peculiarly weak. If the truths I have to com- municate be of an energetic and impreffive nature, if they ftand forward perfpicuous and diftinct in my own mind, it will be ftrange if they do not at the outfet excite curiofity and attention in him to whom they are addreffed. It is my duty to choofe a proper feafon at which to communicate them, and not to betray the caufe of truth by an ill timed impatience. This prudence I fhould infallibly exercife, if my object were to obtain fomething interefting to myfelf ; why mould I be lefs quick fighted when I plead the caufe of juftice and eternal reafon ? It is a miferable way of preparing a man for conviction, to compel him by violence to hear an expoflulation which he is eager to avoid. Thefe arguments prove, not that we fhould lofe fight of re- formation, if coercion for any other reafon appear to be ne- ceflary ; but that reformation cannot reafonably be made the ob- ject of coercion. example : Coercion for the fake of example is a theory that can never be juftly maintained. The coercion propofed to be employed, con- fidered abfolutely, is either right or wrong. If it be right, it fhould be employed for its own intrinfic recommendations. If it be AS A TEMPORARY EXPEDIENT. 743 be wrong, what fort of example does it difplay ? To do a thing BOOK vn. CHAP. V. for the fake of example, is in other words to do a thing to day, v v ■/ in order to prove that I will do a fimilar thing to-morrow. This muft always be a fubordinate confideration. No argument has been fo grofsly abufed as this of example. We faund it un- der the fubject of war * employed to prove, the propriety of my doing a thing otherwife wrong, in order to convince the oppo- fite party that I fhould, when occafion offered, do fomething elfe that was right. He will difplay the beft example, who care- fully fludies the principles of juftice, and affiduoufly practifes them. A better effect will be produced in human fociety by my confcientious adherence to them, than by my anxiety to create a fpecific expectation reflecting my future conduct. This argu- m ent will be flill farther inforced, if we recollect what has al- ready been faid reflecting the inexhauflible differences of dif- ferent cafes, and the impoffibility of reducing them to general rules* The third object of coercion according to the enumeration reftraint. already made is reftraint. If coercion be in any cafe to be ad- mitted, this is the only object it can reafonably propofe to itfelf. The ferious objections to which even in this point of view it i3 liable have been ftated in another ftage of the enquiry f : the amount of the neceffity tending to fuperfede thefe objections has alfo been confidered. * Book V, Chap. XVI, p. 518. f Chap. III. The 744 OF COERCION CONSIDERED, &c. BOOK VII. The fubjed of this chapter is of greater importance, in pro* CHAP. V. ■ > 'j portion to the length of time that may poffibly elapfe, before any Conclufion. _ , _ ■•_ _- _ _ confiderable part of mankind lhall be perluaded to exchange the prefent complexity of political inftitution for a mode which fhall fuperfede the neceffity of coercion. It is highly unworthy of the caufe of truth to fuppofe, that during this interval I have no active duties to perform, that I am not obliged to co-operate for the prefent welfare of the community, as well as for its future rege- neration. The temporary obligation that arifes out of this cir- cumftance exactly correfponds with what was formerly delivered on the fubjeot of duty. Duty is the beft poffible application of a given power to the promotion of the general good *. But my power depends upon the difpofition of the men by whom I am furrounded. If I were inlifted in an army of cowards, it might be my duty to retreat, though abfolutely confidered it fhould have been the duty of the army to come to blows. Under every poffible circumftance it is my duty to advance the general good by the beft means which the circumftances under which I am placed will admit. * Book IV, Chap. VI, p. 308, 9. CHAP. [ 745 ] CHAP. VI. SCALE OF COERCION. 1TTS SPHERE DESCRIBED. — ITS SEVERAL CLASSES. — DEATH WITH TORTURE. DEATH ABSOLUTELY. ORIGIN OF THIS POLICY — IN THE CORRUPTNESS OF POLITICAL IN- STITUTIONS — IN THE INHUMANITY OF THE INSTI- TUTORS. — CORPORAL PUNISHMENT. — ITS ABSURDITY — ■ ITS ATROCIOUSNESS. — PRIVATION OF FREEDOM. DUTY OF REFORMING OUR NEIGHBOUR AN INFERIOR CON- SIDERATION IN THIS CASE. ITS PLACE DEFINED. MODES OF RESTRAINT. INDISCRIMINATE IMPRISON- MENT. — SOLITARY IMPRISONMENT. — ITS SEVERITY. — ITS MORAL EFFECTS. — SLAVERY. — BANISHMENT. 1. SIMPLE BANISHMENT. 2. TRANSPORTATION. 3. COLONISA- TION. — THIS PROJECT HAS MISCARRIED FROM UNKIND- NESS — FROM OFFICIOUSNESS. — ITS PERMANENT EVILS. — RECAPITULATION. I T is time to proceed to the confederation of certain in- BOOKVII. CHAP. VI. ferences that may be deduced from the theory of coercion which has now been delivered ; nor can any thing be of greater 5 C importance 74 6 SCALE OF COERCION. BOOK VII. importance than thefe inferences will be found to the virtue, the i / happinefs and improvement of mankind. Its fpliere de- And, firft, it evidently follows that coercion is an act of painful icribed. . neceffity, inconfiftent with the true character and genius of mind, the practice of which is temporarily impofed upon us by the cor- ruption and ignorance that reign among mankind. Nothing can be more abfurd than to look to it as a fource of improvement. It contributes to the generation of excellence, juft as much as the keeper of the courfe contributes to the fleetnefs of the race. No- thing can be more unjuft than to have recourfe to it, but upon the moft undeniable emergency. Inftead of multiplying occafions of coercion, and applying it as the remedy of every moral evil, the true politician will anxioufly confine it within the narrower!: li- mits, and perpetually feek to diminifh the occafions of its employ- ment. There is but one reafon by which it can in any cafe be apologifed, and that is, where the fuffering the offender to be at large fhall be notorioufly injurious to the public fecurity. Its feveral Secondly, the confideration of refiraint as the only justifiable claflcs. ground of coercion, will furnifh us with a fimple and fatisfactory criterion by which to meafure the juftice of the fuffering inflicted. Death with The infliction of a lingering and tormenting death cannot be vindicated upon this hypothefis j for fuch infliction can only be dictated SCALE OF COERCION. 747 dictated by fentiments of refentmerit on the one hand, or by the BOOK VII. CHAP. VI. defire to exhibit a terrible example on the other. v s , » To deprive an offender of his life in any manner will appear "Death abfo- to be unjuft, fince it will always be fufficiently practicable with- out this to prevent him from farther offence. Privation of life, though by no means the greateft injury that can be inflidted, mult always be confidered as a very ferious injury ; fince it puts a per- petual clofe upon the profpedts of the fufferer, as to all the en- joyments, the virtues and the excellence of a human being. In the ftory of thofe whom the mercilefs laws of Europe de- vote to deftrudtion, we fometimes meet with perfons who fubfe- quently to their offence have fucceeded to a plentiful inheritance, or who for fome other reafon feem to have had the faireft profpedts of tranquillity and happinefs opened upon them. Their ftory with a little accommodation may be confidered as the ftory of every offender. If there be any man whom it may be neceffary for the fafety of the whole to put under reftraint, this circumftance is a powerful plea to the humanity and juftice of the leading mem- bers of the community in his behalf. This is the man who moft ftands. in need of their affiftance. If they treated him with kind- nefs inftead of fupercilious and unfeeling negledt, if they made him underftand with how much reludtance they had been induced to employ the force of the fociety againft him, if they prefented truth to his mind with calmnefs, perfpicuity and benevolence, if J C 2 they 74 8 SCALE OF COERCION. BOOK VII. they employed thofe precautions which an humane difpofition CHAP VI 'j would not fail to fuggeft, to keep from him the motives of cor- ruption and obftinacy, his reformation would be almoft in- fallible. Thefe are the profpects to which his wants and his mif- fortunes powerfully entitle him ; and it is from thefe profpects that the hand of the executioner cuts him off for ever. It is a miftake to fuppofe that this treatment of criminals tends to multiply crimes. On the contrary few men would enter upon a courfe of violence with the certainty of being obliged by a flow and patient procefs to amputate their errors. It is the uncertainty of punifhment under the exifting forms that multiplies crimes. Remove this uncertainty, and it would be as reafonable to expect that a man would wilfully break his leg, for the fake of being cured by a fkilful furgeon. Whatever gentlenefs the intellectual phyfician may difplay, it is not to be believed that men can part with rooted habits of injuftice and vice without the fenfation of confiderable pain. OngiBofthu The true reafons in confequence of which thefe forlorn and policy : x deferted members of the community are brought to an igno- niptnefs of minious death, are, firft, the peculiar iniquity of the civil infti- ftUutiens; 111 " tutions of that community, and, fecondly, the fupinenefs and apathy of their fuperiors. In republican and fimple forms of go- vernment punifhments are rare, the punifhment of death is almoft unknown. On the other hand the more there is in any country of 2 inequality SCALE OF COERCION. 749 inequality and oppreffion, the more punifhinents are multiplied. BOOK VII. CHAP VI. The more the inftitutions of fociety contradict the genuine fenti- v— _ v __-' ments of the human mind, the more feverely is it necefTary to avenge their violation. At the fame time the rich and titled in the in- members of the community, proud of their fancied eminence, the inftitu- tors. Dehold with total unconcern the deftruction of the deftitute and the wretched, difdaining to recollect that, if there be any in- trinfic difference between them, it is the offspring of their different circumftances, and that the man whom they now fo much defpife, would have been as accomplifhed and fufceptible as they, if they had only changed fituations. When we behold a firing of poor wretches brought out for execution, juftice will prefent to our affrighted fancy all the hopes and poflibilities which are thus brutally extinguished, the genius, the daring invention, the unfhrinking lirmnefs, the tender charities and ar- dent benevolence, which have occafionally under this fyftem been facrificed at the fhrine of torpid luxury and unrelenting avarice. The fpecies of fuffering commonly known by the appellation Corporal pu- nifhment. of corporal punifhment is alfo profcribed by the fyftem above eftablifhed. Corporal punifhment, unlefs fo far as it is intended for example, appears in one refpect in a very ludicrous point of view. It is an expeditious mode of proceeding, which has been invented in order to comprefs the effect of much reafoning and long confinement, that might otherwife have been necefTary, into a very fhort compafs. In another view it is not poffible to exprefs 75 o SCALE OF COERCION. BOOK vii. exprefs the abhorrence it ought to create. The genuine pro- t c j penfity of man is to venerate mind in his fellow man. With ndT° a ° Ui ' what delight do we contemplate the progrefs of intellect, its efforts for the difcovery of truth, the harveft of virtue that fprings up under the genial influence of inftruclion, the wifdom that is generated through the medium of unreftricted communi- cation ? How completely do violence and corporal infliction reverfe the fcene ? From this moment all the wholfome avenues of mind are clofed, and on every fide we fee them guarded with a train of difgraceful paflions, hatred, revenge, defpotifm, cruelty, hypocrify, confpiracy and cowardice. Man becomes the enemy of man ; the ftronger are feized with the luft of unbridled do- mination, and the weaker fhrink with hopelefs difguft from the approach of a fellow. With what feelings mufl an enlightened obferver contemplate the furrow of a lafh imprinted upon the body of a man ? What heart beats not in unifon with the fub- lime law of antiquity, " Thou fhalt not inflict ftripes upon the body of a Roman ?" There is but one alternative in this cafe on the part of the fufferer. Either his mind mufl be fubdued by the arbitrary dictates of the fuperior (for to him all is arbitrary that does not ftand approved to the judgment of his own underfland- ing) ; he will be governed by fomething that is not reafon, and afhamed of fomething that is not difgrace ; or elfe every pang he endures will excite the honeft indignation of his heart and fix the clear difapprobation of his intellect, will produce con- tempt and alienation, againft his punifher. 9 The SCALE OF COERCION. 75 i The iuftice of coercion is built upon this fnnple principle : BOOKVlt. J r r r r CHAP. VI. Every man is bound to employ fuch means as fhall fuggeft them- >: — > ' ' * * 00 Privation ot felves for preventing evils fubverfive of general fecurity, it being fieedom ' firft afcertained, either by experience or reafoning, that all milder methods are inadequate to the exigence of the cafe. The conclufion from this principle is, that we are bound under cer- tain urgent circumftances to deprive the offender of the liberty he has abufed. Farther than this no circumftance can authorife us. He whofe perfon is imprifoned (if that be the right kind of feclufion) cannot interrupt the peace of his fellows ; and the infliction of farther evil, when his power to injure is removed, is the wild and unauthorifed dictate of vengeance and rage, the wanton fport of unquestioned fuperiority. When indeed the perfon of the offender has been firft feized, Duty of re- forming our there is a farther duty incumbent on his punifher, the duty of neighbour an inferior reforming him. But this makes no part of the direct confidera- consideration in tins cafe* tion. The duty of every man to contribute to the intellectual health of his neighbour is of general application. Befide which it is proper to recollect what has been already demonftrated, that coercion of no fort is among the legitimate means of re- formation. Reftrain the offender as long as the fafety of the community prefcribes it, for this is juft. Reftrain him not an inftant from a fimple view to his own improvement, for this is contrary to reafon and morality. Meanwhile 752 SCALE OF COERCION. BOOKViT. Meanwhile there is one circumftance by means of which re- CHAP VI. * v ' j ftraint and reformation are clofely connected. The perfon of ferib'ed. the offender is to be reftrained as long as the public fafety would be endangered by his liberation. But the public fafety will ceafe to be endangered, as foon as his propenfities and difpofitions have undergone a change. The connection which thus remits from the nature of things, renders it neceffary that, in deciding upon the fpecies of reftraint to be impofed, thefe two circum- ftances be confidered jointly, how the perfonal liberty of the offender may be leaft intrenched upon, and how his reformation may be beft promoted. Modes cf re. The moft common method purfued in depriving the offender ilraint. _ • ^ m or the liberty he has abufed is to erect a public jail in which Indifcrimi- nate impri- offenders of every defcription are thruft together, and left for.irient. to form among themfelves what fpecies of fociety they can. Various circumftances contribute to imbue them with habits •of indolence and vice, and to difcourage induftry ; and no effort is made to remove or foften thefe circumftances. It cannot be neceffary to expatiate upon the atrocioufnefs of this fyftem. Jails are to a proverb feminaries of vice ; and he mufl be an uncommon proficient in the paflion and the practice of injuflice, or a man of fublime virtue, who does not come out of them a much worfe man than he entered. An SCALE OF COERCION. 753 An active obferver of mankind *, with the purefl intentions, BOOK vii. CHAP. VI and who had paid a very particular attention to this fubject, was ' . -» ri • Solitary im- ftruck with the muchievous tendency or the reigning fyftem, prifonment. and called the attention of the public to a fcheme of folitary imprifonment. But this, though free from the defects of the eftablifhed mode, is liable to very weighty objections. It mull ftrike every reflecting mind as uncommonly tyrannical lis ^verity, and fevere. It cannot therefore be admitted into the fyftem of mild coercion which forms the topic of our enquiry. Man is a focial animal. How far he is neceffarily fo will appear, if we confider the fum of advantages refulting from the focial, and of which he would be deprived in the folitary ftate. But, inde- pendently of his original ftrudture, he is eminently focial by his habits. Will you deprive the man you imprilbn, of paper and books, of tools and amufements ? One of the arguments in favour of folitary imprifonment is, that it is neceffary the offender fhould be called off from his wrong habits of thinking, and obliged to enter into himfelf. This the advocates of folitary imprifonment probably believe will be moft effectually done, the fewer be the avocations of the prifoner. But let us fuppofe that he is indulged in thefe particulars, and only deprived of focietv. How many men are there that can derive amufement from books ? We are in this refpect the creatures of habit, and it is fcarcely to be expected from ordinary men that they fhould mould themfelves * Mr. Howard. 5D to 754 SCALE OF COERCION. BOOK VII. to any fpecies of employment, to which in their youth they were CHAP. VI. j wholly ftrangers. But he that is raoft fond of ftudy has his mo- ments when ftudy pleafes no longer. The foul yearns with inex- preflible longings for the fociety of its like. Becaufe the public fafety unwillingly commands the confinement of an offender, muft he for that reafon never light up his countenance with a fmile ? Who can tell the fufferings of him who is condemned to uninter- rupted folitude ? Who can tell that this is not, to the majority of mankind, the bittereft torment that human ingenuity can in- flict ? No doubt a mind truly fublime would conquer this incon- venience : but the powers of fuch a mind do not enter into the prefent queftion. Its moral From the examination of folitary imprifonment in itfelf con- fidered, we are naturally led to enquire into its real tendency as to the article of reformation. To be virtuous it is requifite that we fhould confider men and their relation to each other. As a preliminary to this ftudy is it necefiary that we fhould be fhut out from the fociety of men ? Shall we be moft effectually formed to juftice, benevolence and prudence in our intercourfe with each other, in a ftate of folitude ? Will not our felfifh and unfocial difpofitions be perpetually increafed ? What temptation has he to think of benevolence or juftice who has no oppor- tunity to exercife it ? The true foil in which atrocious crimes are found to germinate, is a gloomy and morofe difpofition. Will his heart become much either foftened or expanded, who breathes the atmofphere of a dungeon ? Surely it would be better in this refpecT: SCALE OF COERCION. ; 55 refpect to imitate the fyftem of the univerfe, and, if we would BOOKVii. CHAP VL teach juftice and humanity, tranfplant thofe we would teach > / • into a natural and reafonable ftate of fociety. Solitude abfo- lutely confidered may inftigate us to ferve ourfelves, but not to ferve our neighbours. Solitude, impofed under too few limita- tions, may be a nurfery for madmen and idiots, but not for uie- ful members of fociety. Another idea which has fuggefted itfelf with regard to the Slavery. relegation of offenders from the community they have injured, is that of reducing them to a ftate of flavery or hard labour. The true refutation of this fyftem is anticipated in what has been already faid. To the fafety of the community it is unneceffary. As a means to the reformation of the offender it is inexpreffibly ill conceived. Man is an intellectual being. There is no way to make him virtuous, but in calling out his intellectual powers. There is no way to make him virtuous, but by making him independent. He muft ftudy the laws of nature and the necef- fary confequence of actions, not the arbitrary caprice of his fuperior. Do you defire that I mould work ? Do not drive me to it with the whip ; for, if before I thought it better to be idle, this will but increafe my alienation. Perfuade my underftanding, and render it the fubject of my choice. It can only be by the moft deplorable perverfion of reafon, that we can be induced to believe any fpecies of flavery, from the flavery 5D2 of 75$ SCALE OF COERCION. BOOK VII. of the fchool boy to that of the moft unfortunate negro in our CHAP VI -. ' Weft India plantations, favourable to virtue. Baniflimcnt. ^ fcheme greatly preferable to any of thefe, and which has been tried under various forms, is that of tranfportation, or banifhment. This fcheme under the moft judicious modifications is liable to objection. It would be ftrange if any fcheme of coercion or violence were not io. But it has been made appear ftill more exceptionable than it will be found in its intrinfic nature, by the crude and incoherent circumftances with which it has ufually been executed. i. Simple banifhment. Banifhment in its fimple form is evidently unjuft. The citizen whofe refidence we deem injurious in our own country, we have no right to impofe upon another. a. Tranfpor- tation. Banifhment has fometimes been joined with flavery. Such was the practice of Great Britain previoufly to the defection of her American colonies. This cannot ftand in need of a feparate refutation. ^. Coloniza- tion. The true fpecies of banifhment is removal to a country yet unfettled. The labour by which the untutored mind is belt weaned from the vicious habits of a corrupt fociety, is the labour, not which is prefcribed by the mandate of a fuperior, but which is impofed by the neceffity of fubfiftence. The flrft fettlement of SCALE OF COERCION. •- 7S7 of Rome by Romulus and his vagabonds is a happy image of book vn, this, whether we confider it as a real hiftoiy, or as the ingenious v „ -> fiction of a man well acquainted with the principles of mind. Men who are freed from the injurious inftitutions of European government, and obliged to begin the world for themfelves, are in the direct road to be virtuous. Two circumftances have hitherto rendered abortive this rea- This project . , has mifcar- fonable project. Firft, that the mother country purfues this Wed ■. fpecies of colony with her hatred. Our chief anxiety is in reality ncfs .- to render its refidence odious and uncomfortable, with the vain idea of deterring offenders. Our chief anxiety ought to be to fmooth their difficulties, and contribute to their happinefs. We fhould recollect that the colonifls are men for whom we ought to feel no fentiments but thofe of love and compaffion. If we were reafonable, we fhould regret the cruel exigence that obliges us to treat them in a manner unfuitable to the nature of mind ; and having complied with the demand of that exigence, we fhould next be anxious to confer upon them every benefit in our power. But we are unreafonable. We harbour a thoufand favage feelings of refentment and vengeance. We thruft them out to the remoteft corner of the world. We fubject them to perifh by multitudes with hardfhip and hunger. Perhaps to the refult of mature reflection" banifhment to the Hebrides, would: appear as effectual as banifhment to the Antipodes. 5 Secondly,, 75 8 SCALE OF COERCION. BOOKVir. Secondly, it is abfolutely neceffary upon the principles here CHAP VI j explained that thefe colonifts, after having been fufficiently pro- oufnefs. ' vided in the outfet, fhould be left to themfelves. We do worfe than nothing, if we purfue them into their obfcure retreat with the inaufpicious influence of our European inflitutions. It is a mark of the profoundeft ignorance of the nature of man, to fup- pofe that, if left to themfelves, they would univerfally deftroy each other. On the contrary, new fituations make new minds. The worft criminals when turned adrift in a body, and reduced to feel the churlifh fang of neceffity, conduct themfelves upon reafonable principles, and often proceed with a fagacity and public fpirit that might put the proudeft monarchies to the blufh. Its perma- Meanwhile let us not forget the inherent vices of coercion, nent evils. ° ' which prefent themfelves from whatever point the fubject is viewed. Colonization feems to be the moft eligible of thofe expedients which have been ftated, but it is attended with con- fiderable difficulties. The community judges of a certain indi- vidual that his refidence cannot be tolerated among them con- fidently with the general fafety. In denying him his choice among other communities do they not exceed their commiffion? What treatment fhall be awarded him, if he return from the banifhment to which he was fentenced ? — Thefe difficulties are calculated to bring back the mind to the abfolute injuftice of coercion, and to render us inexpreffibly anxious for the advent of that policy by which it fhall be abolifhed. 6 • To SCALE OF COERCION. 759 To conclude. The obfervations of this chapter are relative to BOOK vn. a theory, which affirmed that it might be the duty of individuals, i ¥ > i c • • r • /• i. • t Recapitula- but never or communities, to exert a certain ipecies of political tion. coercion ; and which founded this duty upon a confideration of the benefits of public fecurity. Under thefe circumflances then every individual is bound to judge for himfelf, and to yield his countenance to no other coercion than that which is indifpenfibly neceflary. He will no doubt endeavour to meliorate thcfe infti- tutions with which he cannot perfuade his countrymen to part. He will decline all concern in the execution of fuch, as abufe the plea of public fecurity to the moft atrocious purpofes. Laws may eafily be found in almoft every code, which, on account of the iniquity of their provifions, are fuffered to fall into difufe by general confent. Every lover of juftice will uniformly in this way contribute to the repeal of all laws, that wantonly ufurp upon the independence of mankind, either by the muWplicity of their reftrictions, or feverity of their functions. CHAP. [ 7 6o ] CHAP. VII. OF EVIDENCE. DIFFICULTIES TO WHICH THIS SUBJECT IS LIABLE — EX- EMPLIFIED IN THE DISTINCTION BETWEEN OVERT ACTIONS AND INTENTIONS. REASONS AGAINST THIS DISTINCTION. — PRINCIPLE IN WHICH IT IS FOUNDED. chap.vil "LJAVING fufficiently afcertained the decifion In which 1 " ' ■*■ ■*■ queftions of offence againft the general fafety ought to terminate, it only remains under this head of enquiry to confider the principles according to which the {rial fhould be conducted. Thefe principles may for the mofl part be referred to two points, the evidence that is to be required, and the method to be purfued by us in claffing offences. SS l ° The difficul *ies to which the fubjeft of evidence is liable, have gg«* " been repeatedly ftated In the earlier divifions of this work*. It may be worth while in this place to recoiled the difficulties which attend upon one particular clafs of evidence, it being fcareely * Book II, Chap. VI. Book VII, Chap. IV. poffible OF EVIDENCE. 7 6i poffible that the imagination of every reader fhould not fuffice BOOK VII i • , i • i .1 r, r , • , CHAP.VII. him to apply this text, and to perceive how eafily the lame kind » . j of enumeration might be extended to any other clafs. It has been afked, " Why intentions are not fubjected to the exemplified in the dif- animadverfion of criminal juftice, in the fame manner as direct tinaion be- tween overt afts Of offence ?" ads and in- ■ tentions. The arguments in favour of their being thus fubjected are ob- Reafbns a- gainft this vious. " The proper object of political fuperintendence is not diftinftion. the paft, but the future. Society cannot juftly employ coercion againft any individual, however atrocious may have been his mifdemeanours, from any other than a profpe&ive confideration, that is, a confideration of the danger with which his habits may be pregnant to the general fafety. Paft conduct cannot properly fall under the animadverfion of government, except fo far as it is an indication of the future. But paft conduct appears at firft fight to afford a {lighter prefumption as to what the delinquent will do hereafter, than declared intention. The man who pro- feffes his determination to commit murder, feems to be fcarcely a lefs dangerous member of fociety, than he who, having already committed murder, has no apparent intention to repeat his of- fence." And yet all governments have agreed either to pafs over the menace in filence, or to fubject the offender to a much lefs degree of coercion, than they employ againft him, by whom 5 E the 7 6i O F E V I Dl N C E, BOOK VII. the crime has been perpetrated. It may be right perhap* CHAP.VII. r r ' © r r to yield them fome attention when they thus agree in for- bearance, though little undoubtedly is due to their agreement in inhumanity. Principle in fpj j s Jiftinction, fo far as it is founded in reafon, has re- which it is ' * founded. l a ti n principally to the uncertainty of evidence. Before the intention of any man can be afcertained in a court of juftice from the confideration of the words he has employed, a variety of circumftances muft be taken into the account. The witnefs heard the words which were employed : does he repeat them accurately, or has not his want of memory caufed him to fub- ftitute in the room of fome of them words of his own ? Before it is poffible to decide upon the confident expectation I may entertain that thefe words will be followed with correfpondent actions, it is neceflary I fhould know the exact tone with which they were delivered, and gefture with which they were accompanied. It is neceflary I fhould be acquainted with the context, and the oceafion that produced them. Their con- ftruction will depend upon the quantity of momentary heat or rooted malice with which they were delivered ; and words, which appear at firft fight of tremendous import, will fome- times be found upon accurate inveftigation to have had a meaning purely ironical in the mind of the fpeaker. Thefe confiderations, together with the odious nature of coercion in general,. OF EVIDENCE. 7 6$ general, and the extreme mifchief that may attend our re- BOOK vir. ftraining the faculty of fpeech in addition to the reftraint we * conceive ourfelves obliged to put on men's actions, will pro- bably be found to afford a fufficient reafon, why words ought feldom or never to be made a topic of political animad- verfion. 5E2 CH A P. [ 7*4 3 CHAP. VIII. OF LAW. ARGUMENTS BY WHICH IT IS RECOMMENDED. — ANSWER. — LAW IS, I. ENDLESS — PARTICULARLY IN A FREE STATE. CAUSES OF THIS DISADVANTAGE. 2. UNCERTAIN INSTANCED IN QUESTIONS OF PROPERTY. — MODE IN WHICH IT MUST BE STUDIED. — 3. PRETENDS TO FORE- TEL FUTURE EVENTS. LAWS ARE A SPECIES OF PRO- MISES CHECK THE FREEDOM OF OPINION ARE DE- STRUCTIVE OF THE PRINCIPLES OF REASON. DISHO- NESTY OF LAWYERS. AN HONEST LAWYER MIS- CHIEVOUS. — ABOLITION OF LAW VINDICATED ON THE SCORE OF WISDOM — OF CANDOUR — FROM THE NA- TURE OF MAN. — FUTURE HISTORY OF POLITICAL JUS- TICE. — ERRORS THAT MIGHT ARISE IN THE COMMENCE- MENT. — ITS GRADUAL PROGRESS. — ITS EFFECTS ON CRIMINAL LAW — ON PROPERTY. chaf.v/jl A FARTHER article of great importance in the trial of - v *""~" v ' ^ ■*• offences, is that of the method to be purfued by us in claffing them, and the confequent apportioning the degree of animadverfion to the cafes that may arife. This article brings us OF LAW. 7 6 S us to the direct confideration of law, which is without dcnbt one BOOK vir. CHAP VIII. of the mod important topics upon which human intellect can be J * employed. It is law which has hitherto been regarded in countries calling themfelves civilifed, as the ftandard, by which to meafure all offences and irregularities that fall under public animadverfion. Let us fairly inveftigate the merits of this choice. The comparifon which has prcfented itfelf to thofe by whom the topic has been inveftigated, has hitherto been between law on one fide, and the arbitrary will of a defpot on the other. But. if we would fairly eftimate the merits of law, we fhould firfl confider it as it is in itfelf, and then, if neceffary, fearch for the mod eligible principle that may be fubilituted in its place. It has been recommended as "affording information to the Arguments by which it different members of the community refpecYing the principles w recom- mended. which will be adopted in deciding upon their actions. ' It has been reprefented as the higheft degree of iniquity, " to try men by an ex pqjl fafto law, or indeed in any other manner than by the letter of a law, formally made, and fufiicicntly promul- gated." How far it will be fafe altogether to annihilate this principle Anfwer. we _fhall prefently have occafion to enquire. It is obvious at {irft fight to remark, that it is of moft importance in a country where the fyftem of jurifprudence is moft; capricious and abfurd. If 7 66 OF LAW. book VII. If it be deemed criminal in any fociety to wear clothes of a, * particular texture, or buttons of a particular compolition, it is natural to exclaim, that it is high time the jurifprudence of that fociety fhould inform its members what are the fantaftic rules by which they mean to proceed. But, if a fociety be contented with the rules of juftice, and do not aflume to itfelf the right of diftorting or adding to thofe rules, there law is evidently a lefs necefTary institution. The rules of juftice would be more clearly and efFe£tually taught by an actual intercourfe with human fociety unreftrained by the fetters of prepoflefllon, than they can be by catechifms and codes*. Law is, T. endlefs : particularly in free Hates. One refult of the inftitution of law is, that the inftitution once begun, can never be brought to a clofe. Edict is heaped upon edict, and volume upon volume. This will be moft the cafe, where the government is moft popular, and its proceedings have moft in them of the nature of deliberation. Surely this is no flight indication that the principle is wrong, and that of con- fequence, the farther we proceed in the path it marks out to us> the more fhall we be bewildered. No tafk can be more hopelefs than that of effecting a coalition between a right principle and a wrong. He that ferioufly and fincerely attempts it, will perhaps expofe himfelf to more palpable ridicule, than he who, inftead of profefling two oppofitc iyftems, fhould adhere to the worft. •Caufcsoftnis diiadvantage. There is no maxim more clear than this, Every cafe is a rule Book VI, Chap. VIII, p. 671. to OF LAW. 767 to itfelf. No action of any man was ever the fame as any other BOOK VII. r • . . • t CHAP. VIII. action, had ever the fame degree of utility or injury. It fhould ■ » » feem to be the bufinefs of juftice, to diftinguifh the qualities of men, and not, which has hitherto been the practice, to con- found them. But what has been the refult of an attempt to do this in relation to law ? As new cafes occur, the law is perpe- tually found deficient. How fhould it be otherwife ? Lawgivers have not the faculty of unlimited prefcience, and cannot define that which is infinite. The alternative that remains, is either to wreft the law to include a cafe which was never in the contem- plation of the author, or to make a new law to provide for this particular cafe. Much has been done in the firft of thefe modes. The quibbles of lawyers and the arts by which they refine and diftort the fenfe of the law, are proverbial. But, though much is done, every thing cannot be thus done. The abufe would fome- times be too palpable. Not to fay, that the very education that enables the lawyer, when he is employed for the profecutor, to find out offences the lawgiver never meant, enables him, when he is employed for the defendant, to find out fubterfuges that reduce the law to a nullity. It is therefore perpetually neceffary to make new laws. Thefe laws, in order to efcape evafion, are frequently tedious, minute and circumlocutory. The volume in which juftice records her prefcriptions is for ever increafing, and the world would not contain the books that might be written. The 7 68 O F L A W. BOOK VII. The confequence of the infinitude of law is its uncertainty. CHAP. viii. • . , * „-—; This ftrikes directly at the principle upon which law is founded. 2. uncertain : Laws were made to put an end to ambiguity, and that each man might know what he had to depend upon. How well have Manced in they anfwered this purpofe ? Let us inftance in the article of queftiors of , property. property, iwo men go to law tor a certain eftate. They would not go to law, if they had not both of them an opinion of their fuccefs. But we may fuppofe them partial in their own cafe. They would not continue to go to law, if they were not both promifed fuccefs by their lawyers. Law was made that a plain man might know what he had to depend upon, and yet the moft fkilful practitioners differ about the event of my fuit. It will fometimes happen that the moft celebrated pleader in the kingdom, or the firft counfel in the fervice of the crown, fhall affure me of infallible fuccefs, five minutes before another law officer, ftyled the keeper of the king's confidence, by fome unexpected juggle decides it againft me. Would the iffue have been equally uncertain, if I had had nothing to truft to but the plain, unperverted fenfe of a jury of my neighbours, founded in the ideas they entertained of general juftice ? Lawyers have abfurdly maintained, that the expenfivenefs of ^law is neceffary to prevent the unbounded multiplication of fuits j but the true fource of this multiplication is uncertainty. Men do not quarrel about that which is evident, but that which is obfeure. Mode in He that would, fludy the laws of a country accuflomed to which itmufi be ftudied. r legal OF LA W. 7 6 9 legal fecurity, muft begin with the volumes of the ftatutes. He BOOK vn. CHAP. VIII. muft add a ftrid enquiry into the common or unwritten law ; and he ought to digrefs into the civil, the ecclefiaftical and canon law. To underftand the intention of the authors of a law, he muft be acquainted with their characters and views, and with the various circumftances, to which it owed its rife, and by which it was modified while under deliberation. To underftand the weight and interpretation that will be allowed to it in a court of juftice, he muft have ftudied the whole collection of records, decifions and precedents. Law was originally devifed that ordinary men might know what they had to depend upon, and there is not at this day a lawyer exifting in Great Britain, prefumptuous and vain-glorious enough to pretend that he has maftered the code. Nor muft it be forgotten that time and induftry, even were they infinite, would not fuffice. It is a labyrinth without end ; it is a mafs of contradictions that cannot be extricated. Study will enable the lawyer to find in it plaufi- ble, perhaps unanfwerable, arguments for any fide of almoft any queftion ; but it would argue the utmoft folly to fuppole that the ftudy of law can lead to knowledge and certainty. A farther confideration that will demonftrate the abfurdity of 3. pretends 10 foretel future law in its moft general acceptation is, that it is of the nature of events, prophecy. Its talk is to defcribe what will be the actions of mankind, and to dictate decifions reflecting them. Its merits Laws area fpecies of in this refpect have already been decided under the head of prowifes: 5 F promifes. 77° OF LAW. check the freedom of opinion ; BOOK VII. promifes *. The language of fuch a procedure is, " We are fa » v ^ wife, that we can draw no additional knowledge from circum- ftances as they occur ; and we pledge ourfelves that, if it be other- wife, the additional knowledge we acquire fhall produce no effect upon our conduct." It is proper to ©bferve, that this fubs- je£t of law may be confidered in fome refpects as more properly belonging to the topic of the preceding book. Law tends no. lefs than creeds, catechifms and tefts, to fix the human mind in a ftagnant condition, and to fubftitute a principle of perma- nence, in the room of that unceafing perfectibility which is the only falubrious element of mind. All the arguments therefore which were employed upon that occafion may be applied to the fubjecl now under confideratiom are deftruc- The fable of Procruftes prefents us with a faint fhadow of the principles of perpetual effort of law. In defiance of the great principle of leafon. natural philofophy, that there are not fo much as two atoms of matter of the fame form through the whole univerfe, it endea- vours to reduce the actions of men, which are compofed of a. thoufand evanefcent elements, to one ftandard. We have already feen the tendency of this endeavour in the article of murder f. It was in the contemplation of this fyftem of jurif~ prudence, that the ftrange maxim was invented, that " ftrict * Book HI, Chap. IIL I Book II, Chap. VI, p. 131. Book VII, Chap. IV, p. 718. jllftice OF LAW. 771 juftice would often prove the higheft injuftice*. There is no BOOKVii. chap. VIII. more real juftice in endeavouring to reduce the aclions of men < » ' into clafles, than there was in the fcheme to which we have juft alluded, of reducing all men to the fame ftature. If on the contrary juftice be a refult flowing from the contemplation of all the circumftances of each individual cafe, if the only criterion of juftice be general utility, the inevitable confequence is that, the more we have of juftice, the more we fhall have of truth, virtue and happinefs. From all thefe confiderations we cannot hefitate to conclude univerfally that law is an inftitution of the moft pernicious tendency. The fubjecT: will receive fome additional elucidation, if we Dlrtionefty of lawyers: confider the pernicioufhefs of law in its immediate relation to thofe who practife it. If there ought to be no fuch thing as law, the profeflion of a lawyer is no doubt entitled to our difap- probation. A lawyer can fcarcely fail to be a difhoneft man. This is lefs a fubje& for cenfure than for regret. Men are the creatures of the neceflities under which they are placed. He that is habitually goaded by the incentives of vice, will not fail to be vicious. He that is. perpetually converfant in quibbles, £alfe colours and fophiftry, cannot equally cultivate the generous * Summumjtis fumma injuria. 5 F 2 emotions 772 O F L A W. BOOK vii. emotions of the foul and the nice difcernment of rectitude. If CHAP VIII / a fingle individual can be found who is but fuperficially tainted with the contagion, how many men on the other hand, in whom we faw the promife of the fublimeft virtues, have by this trade been rendered indifferent to confiftency or acceffible to a bribe ? Be it obferved, that thefe remarks apply principally to men eminent or fuccefsful in their profeffion. He that enters into an employment carelefsly and by way of amufe- ment, is much lefs under its influence (though he will not efcape), than he that enters into it with ardour and devotion. An honeft Let us however fuppofe, a circumftance which is perhaps aho- lawyer mil- «hiefous. gether impofTible, that a man fhall be a perfectly honeft lawyer. He is determined to plead no caufe that he does not believe to be juft, and to employ no argument that he does not apprehend to be folid. He defigns, as far as his fphere extends, to ftrip law of its ambiguities, and to fpeak the 'manly language of reafon. This man is no doubt highly refpectable fo far as relates to himfelf, but it may be queftioned whether he be not a more pernicious member of fociety than the difhoneft lawyer. The hopes of mankind in relation to their future progrefs, depend upon their obferving the genuine effects of erroneous inftitutions. But this man is employed in foftening and mafk- ing thefe effects. His conduct has a direct tendency to poftpone the reign of found policy, and to render mankind tranquil in the midft of imperfection and ignorance. It may appear indeed a para- OF LAW. 773 a paradox to affirm that virtue can be more pernicious than vice. BOOK vn. chap. vur. But the true folution of this difficulty lies in the remark, that * * ' virtue, fuch as is here defcribed, is impoffible. We may amufe ourfelves with enquiring in fuch inftances as this whether theory could not afford us a better fyftem of intellectual progrefs than the mixed fyftem which takes place in the world. But the true, anfwer probably is, that what we call vice is mere error of the un- derftanding, a neceflary part of the gradation that leads to good, and in a word that the courfe of nature and the courfe of a per- fect theory are in all cafes the fame. The true principle which ought to be fubftituted in the room Abolition of •r ii- •/•»• • law vindi- of law, is that of reafon exercihng an uncontroled junfdiction cated on the upon the circumftances of the cafe. To this principle no ob- dom ; jection can arife on the fcore of wifdom. It is not to be fuppofed that there are not men now exifting, whofe intellectual accom- plifhments rife to the level of law. Law we fometimes call the wifdom of our anceftors. But this is a ftrange impofition. It was as frequently the dictate of their paffion, of timidity, jealoufy, a monopolizing fpirit, and a lull of power that knew no bounds. Are we not obliged perpetually to revife and remodel this mifnamed wifdom of our anceftors ? to correct it by_-a detection of their ignorance and a condemnation of their intolerance ? But, if men can be found among us whofe wifdom is equal to the wifdom of law, it will fcarcely be maintained, that the truths they have to communicate will be the worfe for having 774 OF LAW. book vii. having no authority, but that which they derive from the chap. viir. * v ' reafons that fupport them. of candour: It may however be alledged that, "if there be little difficulty in fecuring a current portion of wifdom, there may neverthelefs be fomething to be feared from the paffions of men. Law may be fuppofed to have been conftructed in the tranquil ferenity of the foul, a fuitable monitor to check the inflamed mind with which the recent memory of ills might induce us to proceed to the exercife of coercion." This is the moft considerable argument that can. be adduced in favour of the prevailing fyftem, and therefore deferves a mature examination. from the na- ture of man : The true anfwer to this objection is that nothing can be im- proved but in conformity to its nature. If we confult for the welfare of man, we mull bear perpetually in mind the Structure of man. It muft be admitted that we are imperfect, ignorant, the flaves of appearances. Thefe defects can be removed by no indirect method, but only by the introduction of knowledge. A fpecimen of the indirect method we have in the doctrine of Spiritual infallibility. It was obferved that men were liable to error, to difpute for ever without coming to a decifion,- to miftake in their moft important interefts. What was wanting, was fuppofed to be a criterion and a judge of controverfies. What was attempted, was to endue truth with a vifible form, and then repair to the oracle we had erected. The OF LAW. 775 The cafe reflecting law is exactly parallel to this. Men BOOKVir. CHAP. VII i. were aware of the deceitfulnefs of appearances, and they fought a talifman to guard them from impofition. Suppofe I were to determine at the commencement of every day upon a certain code of principles to which I would conform the conduct of the day, and at the commencement of every year the conduct of the year. Suppofe I were to determine that no circumftances mould be allowed by the light they afforded to modify my conduct, left I fhould become the dupe of appearance and the flave of pafEon. This is a juft and accurate image of every fyftem of permanence. Such fyftems are formed upon the idea of flopping the perpetual motion of the machine, left it fhould fometimes fall into diforder- This confideration rauft fufficiently perfuade an impartial mind that, whatever inconveniences may arife from the paffions of men, the introduction of fixed laws cannot be the genuine remedy. Let us confider what would be the operation and progreflive ftate of thefe paflions, provided men were trufted to the guidance of their own difcretion. Such is the difcipline that a reafonable ftate of fociety employs with refpect to man in his individual capacity * : why fhould it not be equally valid with refpect to men adling in a collective capacity ? Inexperience and zeal would prompt me to reftrain my neighbour whenever he is acting wrong, and, by penalties and inconveniences * Book V, Chap. XX, p. 548. dcfignedly CHAP. VIII. 77 6 O F L A W. BOOK vit. defignedly interpofed, to cure him of his errors. But reafon r*u a o \/ I I I evinces the folly of this proceeding, and teaches me that, if he be not accuftomed to depend upon the energies of intellect, he will never rife to the dignity of a rational being. As long as a man is held in the trammels of obedience, and habituated to look to fome foreign guidance for the direction of his conduct, his underftanding and the vigour of his mind will fleep. Do I defire to raife him to the energy of which he is capable ? I muft teach him to feel himfelf, to bow to no authority, to examine the principles he entertains, and render to his mind the reafon of his conduct. The habits which are thus falutary to the individual will be equally falutary in the tranfactions of communities. Men are weak at prefent, becaufe they have always been told they are weak, and muil not be trufted with themfelves. Take them out of their fhackles ; bid them enquire, reafon and judge ; and you will foon find them very different beings. Tell them that they have paffions, are occafionally hafty, intemperate and in- jurious, but they muft be trufted with themfelves. Tell them that the mountains of parchment in which they have been hitherto intrenched, are fit only to impofe upon ages of fuper- ftition and ignorance ; that henceforth we will have no depend- ence but upon their fpontaneous juftice ; that, if their paffions be gigantic, they muft rife with gigantic energy to fubdue them; that, if their decrees be iniquitous, the iniquity fhall be all their 6 own. OF LA \V. 777 own. The effect of this difpofition of things will foon be vifi- BOOK Vii. CHAP. VIII. ble ; mind will rife to the level of its fituation ; juries and v « > umpires will be penetrated with the magnitude of the truft repofed in them. It may be no uninftructive fpectacle to furvey the progreffive Future hif- tory of poli- eftablifhment of juftice in the ftate of things which is here re- tlcaljuftice. commended. At firft it may be a few decifions will be made Errors that might arife uncommonly abfurd or atrocious. But the authors of thefe in the com- mencement, decifions will be confounded with the unpopularity and difgrace in which they have involved themfelves. In reality, whatever were the original fource of law, it foon became cherifhed as a cloke for oppreflion. Its obfcurity was of ufe to miflead the in- quilitive eye of the fufferer. Its antiquity ferved to divert a confiderable part of the odium from the perpetrator of the injuftice to the author of the law, and ftill more to difarm that odium by the influence of fuperflitious awe. It was well known that unvarnifhed, barefaced oppreflion could not fail to be the victim of its own operations. To this ftatement it may indeed be objected, " that bodies of men have often been found callous to cenfure, and that the difgrace, being amicably divided among them all, is intolerable to none." In this obfervation there is confiderable force, but it is inapplicable to the prefent argument. To this fpecies of abufe one of two things is indifpenfibly neceffary, either num- 5 G bers 77 8 O F L A W. BOOKVir. bers or fecrecy. To this abufe therefore it will be a fufficient CHAP. VIII. v „ ' remedy, that each jurifdiction be confiderably limited, and all tranfa&ions conducted in an open and explicit manner. — To proceed. Its gradual "X\it juridical decifions that were made immediately after the progreis. J J abolition of law, would differ little from thofe during its empire. They would be the decifions of prejudice and habit. But habit, having loft the centre about which it revolved, would diminifh in the regularity of its operations. Thofe to whom the arbitra- tion of any queftion was intruded, would frequently recollecl: that the whole cafe was committed to their deliberation, and they could not fail occafionally to examine themfelves respecting the reafon of thofe principles which had hitherto paffed uncon- troverted. Their underftandings would grow enlarged, in pro- portion as they felt the importance of their truft, and the un- bounded freedom of their inveftigation. Here then would com- mence an aufpicious order of things, of which no understanding of man at prefent in exiftence can foretel the refult, the de- thronement of implicit faith and the inauguration of unclouded juftice. Its effefts on Some of the conclufions of which this ftate of things would be the harbinger, have been already feen in the judgment that would be made of offences againft the community *. Offences * Book II, Chap, VI, p. 131. Book VII, Chap. IV, p. 718. arguing OF LA \V. 779 arguing infinite variety in the depravity from which they fprung, BOOK VII. would no longer be confounded under fome general name. v__ v —<' Juries would grow as perfpicacious in diftinguiihing, as they are now indifcriminate in confounding the merit of actions and characters. Let us confider the effects of the abolition of law as it on property. refpects the article of property. As foon as the minds of men became fomewhat weaned from the unfeeling uniformity of the prefent fyftem, they would begin to enquire after equity. In this fituation let us fuppofe a litigated fucceffion brought before them, to which there were five heirs, and that the fentence of their old legiflation had directed the divifion of this property into five equal lhares. They would begin to enquire into the wants and fituation of the claimants. The firft we will fuppofe to have a fair character and be profperous in the world : he is a refpectable member of fociety, but farther wealth would add little either to his ufefulnefs or his enjoyment. The fecond is a miferable object, perilhing with want, and overwhelmed with calamity. The third, though poor, is yet tranquil ; but there is a fituation to which his virtue leads him to afpire, and in which he may be of uncommon fervice, but which he cannot with propriety accept, without a capital equal to two fifths of the whole fucceffion. One of the claimants is an unmarried woman paft the age of childbearing. Another is a widow, unprovided, and with a numerous family depending on her 5 G 2 fuccour. 7 So O F L A W. BOOK VII. fuccour. The firft queftion that would fuggeft itfelf to unpre- CHAP. VIII. I > judiced perfons, having the allotment of this fucceffion referred to their unlimited decifion, would be, what juftice is there in the indifcriminate partition which has hitherto prevailed ? This would be one of the early fuggeftions that would produce a fhock in the prevailing fyftem of property. To enquire into the general iffue of thefe fuggeftions is the principal object of the following book. An obfervation which cannot have efcaped the reader in the perufal of this chapter, is, that law is merely relative to the exercife of political force, and mull perifh when the neceflity for that force ceafes, if the influence of truth do not ftill fooner extirpate it from the practice of mankind. CHAP. [ 78 1 ] CHAP. IX. OF PARDONS. THEIR ABSURDITY. THEIR ORIGIN. — THEIR ABUSES. THEIR ARBITRARY CHARACTER. — DESTRUCTIVE OF MO- RALITY. ' I ^HERE is one other topic which belongs to the fubject of ™°.f, Y* L •*■ the prefent book, but which may be difmifled in a very * * ' few words, becaufe, though it has unhappily been in almoft all cafes neglected in practice, it is a point that feems to admit of un- commonly fimple and irrehftible evidence : I mean, the fubject of pardons. The very word to a reflecting mind is fraught with abfurdity. Their abfur- dity. " What is the rule that ought in all cafes to prefcribe to my con- duct ?" Surely juftice ; underflanding by juftice the greateft uti- lity of the whole mafs of beings that may be influenced by my conduct. " What then is clemency ?" It can be nothing but the pitiable egotifm of him who imagines he can do fomething better than juftice. " Is it right that I fhould fufFer conftraint for a certain offence ?" The rectitude of my fuffering muft be founded in its tendency to promote the general welfare. He therefore 782 O F P A R D O N S. BOOKVir. therefore that pardons me, iniquitoufly prefers the imaginary in- CHAP. IX. . . . » v * tereft of an individual, and utterly neglects what he owes to the whole. He beftows that which I ought not to receive, and which he has no right to give. " Is it right on the contrary that I fhould not undergo the fuffering in queftion ? Will he by refcuing me from fuffering, do a benefit to me and no injury to others ?" He will then be a notorious delinquent, if he allow me to fufFer. There is indeed a confiderable defect in this laft fuppofition. If, while he benefits me, he do no injury to others, he is infallibly performing a public fervice. If I fiuTered in the arbitrary manner which the fuppofition includes, the whole would fuftain an unqueftionable injury in the injuflice that was perpetrated. And yet the man who prevents this odious injuf- tice, has been accuftomed to arrogate to himfelf the attribute of clement, and the apparently fublime, but in reality tyrannical, name of forgivenefs. For, if he do more than has been here defcribed, inftead of glory, he ought to take fhame to himfelf, as an enemy to the intereft of human kind. If every action, and efpecially every action in which the happinefs of a rational being is concerned, be fufceptible of a certain rule, then caprice muft be in all cafes excluded : there can be no action, which, if I ne- glect, I mall have difcharged my duty ; and, if I perform, I fhall be entitled to applaufe. Their origin. The pernicious effects of the fyftem of pardons is peculiarly glaring. It was firft invented as the miferable fupplement to a fanguinary O F P A R D O N S. 783 fanguinary code, the atrocioufnefs of which was fo confpicuous, BOOKVir. CHAP. IX that its minifters either dreaded the refiftance of the people if it v v , > were indifcriminately executed, or themfelves fhrunk with fpon- taneous repugnance from the devaftation it commanded. The fyftem of pardons naturally aflbciates with the fyftem of law ; for, though you may call every inftance in which one man oc- cafions the death of another by the name of murder, yet the in- juftice would be too great, to apply to all inftances the fame treatment. Define murder as accurately as you pleafe, the fame confequence, the fame difparity of cafes will obtrude itfelf. It is neceflary therefore to have a court of reafon, to which the deci- fions of a court of law fhall be brought for revifal. But how is this court, inexprefflbly more important than the Their abufcs. other, to be conftituted ? Here lies the elfence of the matter ; the reft is form. A jury is impanelled, to tell you the generical name of the action ; a judge preiides, to read out of the voca- bulary of law the fentence annexed to that name ; laft of all, comes the court of enquiry which is to decide whether the re- medy of the diipenfatory be fuitable to the circumftances of this particular cafe. This authority has ulually been lodged in the firft inftance with the judge, and in the laft refort with the king in council. Now, laying aiide the propriety or impropriety of this particular feleclion, there is one grievous abufe which ought to ftrike the moft fuperficial obferver. Thefe perfons, with whom the principal truft is repofed, confider their functions in this tor. 7 8 4 O F P A R D O N S. BOOK VII. this refpect as a matter purely incidental, exercife them with fu- CHAP IX. pinenefs, and in many inftances with the moft fcanty materials to guide their judgment. This grows in a confiderable degree out of the very name of pardon, which implies a work of fuperero- gatory benevolence. Their arbi- From the manner in which pardons are difpenfed inevitably trary charac- fiows the uncertainty of punifhment. It is too evident that pu- nifhment is inflicled by no certain rules, and of confequence the lives of a thoufand victims are immolated in vain. Not more than one half or one third of the offenders whom the law con- demns to death in this metropolis, are made to fuffer the fentence that' is pronounced. Is it poflible that each offender fhould not flatter himfelf that he fhall be among the number that efcapes ? Such a fyftem, to fpeak it truly, is a lottery of death, in which each man draws his ticket for reprieve or execution, as undefinable accidents fhall decide. It may be afked whether the abolition of law would not pro- duce equal uncertainty ? By no means. The principles of king and council in fuch cafes are very little underftood, either by themfelves or others. The principles of a jury of his neigh- bours commiflioned to pronounce upon the whole of the cafe, the criminal eafily gueiTes. He has only to appeal to his own fenti- ments and experience. Reafon is a thoufand times more expli- cit and intelligible than law ; and when we were accuflomed to 9 confult O F P A R D O N S. 78^ confult her, the certainty of her decifions would be luch as men BOOK vir. CHAP IX pra&ifed in our prefent courts are totally unable to conceive. Another very important confequence grows out of the fyftem Defh-uftive oi morality b of pardons. A fyftem of pardons is a fyftem of unmitigated flavery. I am taught to expect a certain defirable event, from what ? From the clemency, the uncontroled, unmerited kindnefs of a fellow mortal. Can any iefibn be more degrading ? The pu- fillanimous fervility of the man who devotes himfelf with ever- lafting obfequioufnefs to another, becaufe that other, having be- gun to be unjuft, relents in his career ; the ardour with which he confefles the rectitude of his fentence and the enormity of his de-» ferts, will conftitute a tale that future ages will find it difficult to underftand> What are the fentiments in this refpett that are alone worthy of a rational being ? Give me that and that only, which without injuftice you cannot refufe. More than juftice it would be dis- graceful for me to afk, and for you to beftow. I ftand upon the> foundation of right. This is a title, which brute forcfe may re- fufe to acknowledge, but which all the force in the world cannot annihilate. By refilling this plea you may prove yourfelf unjuft j but in yielding to it you grant me but my due. If, all things confidered, I be the fit fubject of a benefit, the benefit is merited : merit in any other fenfe is contradictory and abfurd. If you beftow upon me unmerited advantage, you are a recreant from 5 H the 786 O F P A R D O N S. BOOK vil. the general good. I may be bafe enough to thank you ; but, if CHAP. IX. -' I were virtuous, I fhould condemn you. Thefe fentiments alone are confiftent with true independence of mind. He that is accuftomed to regard virtue as an affair of favour and grace, cannot be eminently virtuous. If he occafion- ally perform an action of apparent kindnefs, he will applaud the generofity of his fentiments ; and, if he abftain, he will acquit himfelf with the queftion, " May I not do what I will with my own ?" In the fame manner, when he is treated benevolently by another, he will in the firft place be unwilling to examine ftrictly Into the reafonablenefs of this treatment, becaufe benevolence, as he Imagines, is not fubject to any inflexibility of rule j and, in the fecond place, he will not regard his benefactor with that erect and unembarrafled mien, that complete fenfe of equality, which is the only immoveable bafis of virtue and happinefs. A N A N ENQUIRY CONCERNING POLITICAL JUSTICE. BOOK VIII. OF PROPER? r. CHAP. I. GENUINE SYSTEM OF PROPERTY DELINEATED. IMPORTANCE OF THIS TOPIC. — ABUSES TO WHICH IT HAS BEEN EXPOSED. — CRITERION OF PROPERTY : JUSTICE. — ENTITLES EACH MAN TO THE SUPPLY OF HIS ANIMAL WANTS AS FAR AS THE GENERAL STOCK WILL AFFORD IT — TO THE MEANS OF WELL BEING. — ESTIMATE OF LUXURY. — ITS PERNICIOUS EFFECTS ON THE INDIVI- DUAL WHO PARTAKES OF IT. — IDEA OF LABOUR AS THE FOUNDATION OF PROPERTY CONSIDERED. — ITS UNREA- 5 H 2 SONABLENESS. ?8S GENUINE SYSTEM OF SONABLENESS. — SYSTEM OF POPULAR MORALITY ON THIS SUBJECT. — DEFECTS OF THAT SYSTEM. BOOK VIII CHAP. I. ' | ^HE fubject of property is the key ftonethat competes the ■*■ fabric of political juftice. According as our ideas refpect- Importance of this topic, ing it are crude or correct, they will enlighten us as to the con- fequences of zfimple form of fociety •without government ', and re- move the prejudices that attach us to complexity. There is no- thing that more powerfully tends to diftort our judgment and opi~ nions, than erroneous notions concerning the goods of fortune. Finally, the period that lliall put an end to the fyftem of coercion and punifhment) is intimately connected with the circumftance of property's being placed upon an equitable bafis. BookV. Book VI. Boek VII. Abufes to Various abufes of the moft incontrovertible nature have infi- fceen expofcd. nuated themfelves into the adminiftration of property. Each of thele abufes might ufefully be made the fubject of afeparate in- veftigation. We might enquire into the vexations of this fort that are produced by the dreams of national greatnefs or magiftra- tical vanity. This would lead us to a juft eftimate of the dif- ferent kinds of taxation, landed or mercantile, having the neceL faries or the luxuries of life for their fubject of operation. AVe might examine into the abufes which have adhered to the com- mercial fyftem ; monopolies, charters, patents, protecting du- ties, prohibitions and bounties. We might remark upon the tonfequences that flow from the feudal fyftem and the fyftem of £ ranks i PROPERTY DELINEATED. 7 8 9 ranks ; feignorial duties, fines, conveyances, entails, eftates free- book vnr CHAP. I. hold, copyhold and manorial, vaflalage and primogeniture. We » — «v * might confider the rights of the church ; firfi: fruits and tithes : and we might enquire into the propriety of the regulation by which a man, after having poffefTed as fovereign a confiderable property during his life, is permitted to difpofe of it at his plea- fure, at the period which the laws of nature feem to have fixed as the termination of his authority. All thefe enquiries would tend to fhow the incalculable importance of this fubjedt. But,, excluding them all from the prefent enquiry, it fhall be the bu- finefs of what remains of this work to confider, not any particu- lar abufes which have incidentally rifen out of the adminiftration of property, but thofe general principles by which it has in almoft all cafes been directed, and which, if erroneous, muft not only be regarded as the fource of the abufes above enumerated, but of others of innumerable kinds, too multifarious and lubtle to enter into fo brief a catalogue. What is the criterion that mufl determine whether this or that Criterion of fubftance, capable of contributing to the benefit of a human fultiJe, > being, ought to be confidered as your property or mine ? To this queflion there can be but one anfwer — Juftice. Let us then re- cur to the principles of juftice *. To whom does any article of property, fuppofe a loaf of bread, Entities each man to the fupply of his * Book II, Chap. II. animal wants* iuftlv as ^ ar as l ' ie 79 o GENUINE SYSTEM OF book vni. juftly belong ? To him who mod wants it, or to whom the pof- chap. I. J m r < » ' feffion of it will be moft beneficial. Here are fix men famifhed general flock will afford it : w ith hunger, and the loaf is, abfolutely confidered, capable of fa- tisfying the cravings of them all. Who is it that has a reafonable claim to benefit by the qualities with which this loaf is en- dowed ? They are all brothers perhaps, and the law of primoge- niture beftows it exclusively on the eldeft. But does juftice confirm this award ? The laws of different countries difpofe of property in a thoufand different ways j but there can be but one way which is moft conformable to reafon. It would have been eafy to put a cafe much ftronger than that which has juft been ftated. I have an hundred loaves in my pofleflion, and in the next ftreet there is a poor man expiring with hunger, to whom one of thefe loaves would be the means of preferving his life. If I withhold this loaf from him, am I not unjuft ? If I impart it, am I not complying with what juftice demands ? To whom does the loaf juftly belong > I fuppofe myfelf in other refpects to be in eafy circumftances, and that I do not want this bread as an object of barter or fale, to procure me any of the other neceffaries of a human being. Our animal wants have long fince been defined, and are ftated to con- iift of food, clothing and fhelter. If juftice have any meaning,, nothing can be more iniquitous, than for one man to poffefs Su- perfluities, PROPERTY DELINEATED. 791 perfluities, while there is a human being in exiftence that is not book vni. CHAP. 1. adequately fupplied with thefe. v , ' Juftice does not ftop here. Every man is entitled, (o far as t0 th « m«n of well being. the general ftock will fuffice, not only to the means of being, but of well being. It is unjuft, if one man labour to the deftru&ion of his health or his life, that another man may abound in lux- uries. It is urijuft, if one man be deprived of leifure to cultivate his rational powers, while another man contributes not a fingle effort to add to the common ftock. The faculties of one man are like the faculties of another man. Juftice directs that each man, unlefs perhaps he be employed more beneficially to the public, fhould contribute to the cultivation of the common har- veft, of which each man confumes a fhare. This reciprocity indeed, as was obferved when that fubject was the matter of fe- parate confideration, is of the very efTence of juftice. How the latter branch of it, the necefTary labour, is to be fecured, while each man is admitted to claim his fhare of the produce, we fhall prefently have occafion to enquire. This fubject will be placed in a ftill more ftriking light, if we Eftimate of reflect for a moment on the nature of luxuries. The wealth of any ftate may intelligibly enough be confidered as the aggregate of all the incomes, which are annually confumed within that ftate, without deftroying the materials of an equal confumptior* in 792 GENUINE SYSTEM OF r.ooK. Yin. in the enfuing year. Confidenng this income as being;, what hi CHAP. I. . . almoft all cafes it will be found to be, the produce of the induftry of the inhabitants, it will follow that in civilifed countries the pea- fant often -does not confume more than the twentieth part of the produce of his labour, while his rich neighbour confumes perhaps the produce of the labour of twenty peafants. The benefit that arifes to this favoured mortal ought finely to be very extraor- dinary. Its perni- cious effects on the indi- vidual who partakes of it. But nothing is more evident than that the condition of this man is the reverfe of beneficial. The man of an hundred pounds per annum, if he underftand his own happinefs, is a thoufand times more favourably circumftanced. What fhall the rich man do with his enormous wealth ? Shall he eat of innumerable difhes of the moft expenfive viands, or pcur down hogfheads of the moft highly flavoured wines ? A frugal diet will contribute infinitely more to health, to a clear underftanding, to chearful fpirits, and even to the gratification of the appetites. Almoft every other ex- pence is an expence of oftentation. No man, but the moft for- did epicure, would long continue to maintain even a plentiful table, if he had no fpedtators, vifitors or fervants, to behold his eftablifhment. For whom are our fumptuous palaces and coftly furniture, our equipages, and even our very clothes ? The noble- man, who fhould for the firft time let his imagination loofe to conceive the ftyle in which he would live, if he had nobody to obfcrve, PROPERTY DELINEATED. 793 obferve, and no eye to pleafe but his own, would no doubt be book vjir. CHAP. I. furprifed to find that vanity had been the firfl mover in all his \ ,. v ... j actions. The object of this vanity is to procure the admiration and applaufe of beholders. We need not here enter into the intrinfic value of applaufe. Taking it for granted that it is as eftimable an acquiiition as any man can fuppofe it, how contemptible is the fource of applaufe to which the rich man has recourfe ? " Applaud me, becaufe my anceftor has left me a great eftate." What merit is there in that ? The firft effect then of riches is to deprive their poffeffor of the genuine powers of un- derflanding, and render him incapable of difcerning abfolute truth. They lead him to fix his affections on objects not ac- commodated to the wants and the ftructure of the human mind, and of confequence entail upon him difappointment and unhap- pinefs. The greateft of all perfonal advantages are, independence of mind, which makes us feel that our fatisfactions are not at the mercy either of men or of fortune j and activity of mind, the chearfulnefs that arifes from induftry perpetually employed about objects, of which our judgment acknowledges the intrinfic value. In this cafe we have compared the happinefs of the man of ex- treme opulence with that of the man of one hundred pounds per annum. But the latter fide of this alternative was affumed merely in compliance with exiftinL, prejudices. Even in the 5 I prefent 794 -GENUINE SYSTEM OF book viii. prefent ftate of human fociety we perceive, that a man, who CHAP. I. r , v — — v— J fhouid be perpetually earning the neceflary competence by a very moderate induftry, and with his purfuits uncrofTed by the peevifhnefs or caprice of his neighbours, would not be lefs happy than if he were born to that competence. In the ftate of fociety %ve are here contemplating, where, as will prefently appear, the requifite induftry will be of the lighteft kind, it will be the re- verfe of a misfortune to any man, to find himfelf neceffarily fti- mulated to a gentle activity, and in confequence to feel that no reverfe of fortune could deprive him of the means of fubfiftence and contentment. Idea of labom- But it has been alledged, " that we find among different men as the foun- dation of very different degrees of labour and induftry, and that it is not property coniidered. j u ft they fhouid receive an equal reward." It cannot indeed be denied that the attainments of men in virtue and ufefulnefs ought by no means to be confounded. How far the prefent fyftem of property contributes to their being equitably treated it is very eafy to determine. The prefent fyftem of property confers on one man immenfe wealth in connderation of the accident of his birth. He that from beggary afcends to opulence, is ufually known not to have effecled this tranfition by methods very cre- ditable to his honefty or his ufefulnefs. The moft induftrious and a&ive member of fociety is frequently with great difficulty ^ble to keep his family from ftarving. But, PROPERTY DELINEATED. 795 But, to pafs over thefe iniquitous effects of the unequal diftri- bookviii. r r CHAP. I. bution of property, let us confider the nature of the reward » » ' Its unrea- which is thus propofed to induftry. If you be induftrious, you fonabknefs. fhall have an hundred times more food than you can eat, and an hundred times more clothes than you can wear. Where is the juftice of this ? If I be the greateft benefactor the human fpecies ever knew, is that a reafon for beftowing on me what I do not want, efpecially when there are thoufands to whom my fuperfluity would be of the greateft advantage ? With this fuperfluity I can purchafe nothing but gaudy orientation and envy, nothing but the pitiful pleufure of returning to the poor under the name of generofity that to which reafon gives them an irrefiftible claim v nothing but prejudice, error and vice. The doctrine of the injuftice of accumulated property has been Syftem of ... . popular mo- the foundation of it II religious morality. The o')ject of this mo- rality on this rality has been, to excite men by individual virtue to repair this injuftice. 'I he moft energetic teachers of religion have been ir- refiftibly led to aflert the precife truth upon this interefting fub- ject. They have taught the rich, that they hold their wealth only as a truft, that they are ftrictly accountable for every atom of their expenditure, that they are merely adminiftrators, and by no means proprietors in chief*. The defect of this fyftem is, that they rather excite us to palliate our injuftice than to for-- fake it. * See Swift's Sermon on Mutual Subjection, quoted Book II, Chap. II. 5 I 2 No 79 6 GENUINE SYSTEM OF nooKvin. No truth can be more fimple than that which they inculcate. CHAP. I. . ... » o ' There is no action of any human being, and certainly no aftion that refpects the difpofition of property, that is not capable of better and worfe, and concerning which reafon and morality do not prefcribe a fpecific conduct. He that fets out with acknow- ledging that other men are of the fame nature as himfelf, and is capable of perceiving the precife place he would hold in the eye of an impartial fpectator, muft be fully fenfible, that the money he employs in procuring an object of trifling or no advantage to himfelf, and which might have been employed in purchafing fub- ftantial and indifpenfible benefit to another, is unjuftly employed. He that looks at his property with the eye of truth, will find that every milling of it has received its deftination from the dic- tates of juftice. He will at the fame time however be expofed to confiderable pain, in confequence of his own ignorance as to the precife difpofition that juftice and public utility require. Does any man doubt of the truth of thefe aflertions ? Does any man doubt that, when I employ a fum of money fmall or great in the purchafe of an abfolute luxury for myfelf, I am guilty of vice ? It is high time that this fubjed fhould be ade- quately underftood. It is high time that we fhould lay afide the very names of juftice and virtue, or that we fhould acknowledge that they do not authorife us to accumulate luxuries upon our- felves, while we fee others in want of the indifpenfible means of improvement and happinefs. But, PROPERTY DELINEATED. 797 But, while religion inculcated on mankind the impartial na- book viu • n • • CHAP. I. rure of juftice, its teachers have been too apt to treat the prac- * v ' . . Defects of tice of juftice, not as a debt, which it ought to be confidered, thatfyftem. but as an affair of fpontaneous generofity and bounty. They have called upon the rich to be clement and merciful to the poor. The confequence of this has been that the rich, when they beftowed the raoft flender pittance of -their enormous wealth in acts of charity, as they were called, took merit to themfelves for what they gave, inftead of confidering themfelves as delin- quents for what they withheld. Religion is in reality in all its parts an accommodation to the prejudices and weakneffes of mankind. Its authors communi- cated to the world as much truth, as they calculated that the world would be willing to receive. But it is time that we fhould lay afide the inftruction - intended only for children in under- Handing *, and contemplate the nature and principles of things. If religion had fpoken out, and told us it was jufl that all men fhould receive the fupply of their wants, we fhould pre- fently have been led to fufpect that a gratuitous diflribution to be made by the rich, was a very indirect and ineffectual way of arriving at this object. The experience of all ages has taught us, that this fyftem is productive only of a very precarious fupply. The principal object which it feems to propofe, is to place this fupply in the difpofal of a few, enabling them to make a fhow of * i Cor. Chap, III. Ver. i, 2. generofity 798 GENUINE SYSTEM, &c. BOoKViir. generofity with what is not truly their own, and to purchafe the- CHAP. l. < v ' gratitude of the poor by the payment of a debt. It is a fyftem of clemency and charity, inftead of a fyftem of juftice. It fills the rich with unreafonable pride by the fpurious denominations with which it decorates their adls, and the poor with fervility, by leading them to regard the {lender comforts they obtain, not as their incontrovertible due, but as the good pleafure and the grace of their opulent neighbours. CHAP. [ 799 ] CHAP. II. BENEFITS ARISING FROM THE GENUINE SYSTEM OF PROPERTY. CONTRASTED WITH THE MISCHIEFS OF THE PRESENT SYS- TEM, AS CONSISTING — I. IN A SENSE OF DEPENDENCE. 2. IN THE PERPETUAL SPECTACLE OF INJUSTICE, LEAD- ING MEN ASTRAY IN THEIR DESIRES — AND PERVERTING THE INTEGRITY OF THEIR JUDGMENTS. — THE RICH ARE THE TRUE PENSIONERS. — 3. IN THE DISCOURAGEMENT OF INTELLECTUAL ATTAINMENTS. — 4. IN THE MULTI- PLICATION OF VICE GENERATING THE CRIMES OF THE POOR — THE PASSIONS OF THE RICH — AND THE MISFOR- TUNES OF WAR. 5. 'IN DEPOPULATION. H AVING feen thejuftice of an equal diftribution of pro- bookviii. CHAP. II. perty, let us next confider the benefits with which it would ' * ■ Conlrafted be attended. And here with grief it muft be confefied, that, wi f h tlie m, ' f - chiefs of the however great and extenfive are the evils that are produced by p"&nt fyf- tem, as ccn- monarchies and courts, by the impofture of prieits and the ini~ fiain S : quity of criminal laws, all thefe are imbecil and impotent com- pared with the evils that arife out of the eftablifhed fyftem of property. Its cnce : 800 BENEFITS ARISING FROM THE Booicvm. Its firft effect is that which we have already mentioned, a CHAP. II. j '■> fenfe of dependence. It is true that courts are mean fpirited, of depend- intriguing and fervile, and that this difpofition is transferred by- contagion from them to all ranks of fociety. But property brings home a fervile and truckling fpirit by no circuitous me- thod to every houfe in the nation. Obferve the pauper fawning with abjecl: vilenefs upon his rich benefactor, and fpeechlefs with fenfations of gratitude for having received that, which he ought to have claimed with an erect mien, and with a confcioufnefs that his claim was irrefiftible. Obferve the fervants that follow in a rich man's train, watchful of his looks, anticipating his com- mands, not daring to reply to his infolence, all their time and their efforts under the direction of his caprice. Obferve the tradefman, how he ftudies the paflions of his cuftomers, not to correct, but to pamper them, the vilenefs of his flattery and the fyftematical conftancy with which he exaggerates the merit of his commodities. Obferve the practices of a popular election, where the great mafs are purchafed by obfequioufnefs, by intemperance and bribery, or driven by unmanly threats of poverty and perfe- ction. Indeed " the age of chivalry is" not " gone * !" The feudal fpirit ftill furvives, that reduced the great mafs of mankind to the rank of flaves and cattle for the fervice of a few. We have heard much of vifionary and theoretical improve- ments. It would indeed be vifionary and theoretical to expect * Burke's Reflections. 6 virtue GENUINE SYSTEM OF PROPERTY. Sot virtue from mankind, while they are thus fubje&ed to hourly book viii. CHAP. II. corruption, and bred from father to fon to fell their independence ' - v " *, and then" conference for the vile rewards that opprefiion has to beftow. No man can be either ufeful to others or happy to himfelf who is a ftranger to the grace of firmnefs, and who is .not habituated to prefer the dictates of his own fenfe of rectitude to all the tyranny of command, and allurements of temptation. Here again, as upon a former occafion, religion comes in to il- luftrate our thefis. Religion was the generous ebullition of men, who let their imagination loofe on the grandeft fubjects, and wandered without reftraint in the unbounded field of enquiry. It is not to be wondered at therefore if they brought home im- perfect ideas of the fublimeft views that intellect can furnifh. In this inftance religion teaches that the true perfection of man is to diveft himfelf of the influence of paflions ; that he mufthave no artificial wants, no fenfuality, and no fear. But to diveft the hu- man fpecies under the prefent fyftem of the influence of paflions is an extravagant fpeculation. The enquirer after truth and the benefactor of mankind will be defirous of removing from them thofe external impreflions by xvhich their evil propenfities are cherilhed. The true object that Ihould be kept in view, is to extirpate all ideas of condefcenfion and fuperiority, to oblige every man to feel, that the kindnefs he exerts is what he is bound to perform, and the afliftance he afks what he has a right to claim. 5 K A fecond .-JK 802 BENEFITS ARISING FROM THE book viii. A fecond evil that arifes out of the eftablifhed fyftem of pro- CHAP. II. i j perty is the perpetual fpectacle of injuflice it exhibits. This petualfpec- confifts partly in luxury and partly in caprice. There is nothing juftice : more pernicious to the human mind than luxury. Mind, being aftray in their in its own nature effentially a&ive, neceflarily fixes on fome ob- dciircs * ject public or perfonal, and in the latter cafe on the attainment of fome excellence, or fomething which fhall command the efteem and deference of others. . No propenfity, abfolutely con- fidered, can be more valuable than this. But the eftablifhed fyf- tem of property directs it into the channel of the acquifition of j. wealth. The orientation of the rich perpetually goads the fpec- tator to the defire of opulence. Wealth, by the fentiments of fer- vility and dependence it produces, makes the rich man ftahd for- ward as the only object of general efteem and deference. In vain are fobriety, integrity and induftry, in vain the fublimeft powers of mind and the moft ardent benevolence, if their pofleflbr be narrowed in his circumftances. To acquire wealth and to dis- play it, is therefore the univerfal paflion. The whole ftructure of human fociety is made a fyftem of the narroweft felfifhnefs. If felf love and benevolence were apparently reconciled as to their object, a man might fet out with the defire of eminence, and yet every day become more generous and philanthropical in his views. But the paflion we are here defcribing is accuftofned to be gratified at every ftep, by inhumanly trampling upon the in- tereft of others. Wealth is acquired by overreaching our neigh- bours, and is fpent in infulting them. The GENUINE SYSTEM OF PROPERTY. 803 The fpectacle of iniuftice which the eftabliihed fyftem of pro- bookviii. 7 CHAP. II. perry exhibits, confifts partly in caprice. If you would cheriih in * » — '-> and pervert- any man the love of rectitude, you mull take care that its prin- in S the inte ; grity of their ciples be impreffed on him, not only by words, but actions. It jadgrisat*, fometimes happens during the period of education, that maxims of integrity and confiftency are repeatedly inforced, and that the preceptor gives no quarter to the bafe fuggeftions of felfifhnefs and cunning. But how is the leflon that has been read to the pupil confounded and reverfed, when he enters upon the fcene of the world ? If he afk, " Why is this man honoured ?" the ready anfwer is, " Becaufe he is rich." If he enquire farther, " Why- is he rich ?" the anfwer in moft cafes is, " From the accident of birth, or from a minute and fordid attention to the cares of gain." The fyftem of accumulated property is the offspring of civil po- licy ; and civil policy, as we are taught to believe, is the produc- tion of accumulated wifdom. Thus the wifdom of legislators and fenates has been employed, to fecure a diftribution of pro- perty the moft profligate and unprincipled, that bids defiance to the maxims of juftice and the nature of man. Humanity weeps over the diftrelfes of the peafantry of all civilifed nations ; and, when fhe turns from this fpedtacle to behold the luxury of their lords, grofs, imperious and prodigal, her fenfations certainly are not lefs acute. This fpec~tacle is the fchool in which ' mankind have been educated. They have been accuftomed to the fight of injuftice, oppreflion and iniquity, till their feelings are made 5 K. 2 callous, 8o4 BENEFITS ARISING FROM THE book vnr. callous, and their underftandings incapable of apprehending the -* nature of true virtue* The rich are I n beginning to point out the evils of accumulated property, wt the true pen. ° ° r r / > Sonera.- compared the extent of thofe evils with the correfpondent evils of monarchies and courts. No circumftances under the latter have excited a more pointed difapprobation than pennons and pecu- niary corruption, by means of which hundreds of individuals are rewarded, not for ferving, but betraying the public* and the hard. earnings of induftry are employed to fatten the fervile adherents of defpotifrn. But the rent roll of the lands of England is a much* more formidable penfion lift, than that which is fiippofed to be employed in the purchafe of minifterial majorities*. AH riches, and efpecially all hereditary riches, are to be considered as the falary of a finecure office, where the labourer and the manufacturer per- form the duties, and the principal fpends the income in luxury and idlenefs '*. Hereditary wealth is in reality a premium paid to idle- nels, * This idea is to be found in Ogilvie's Effay on the Right of Property in. Land, publilhed about two years ago, Parti, Sect, ill, par. 38, 39. The rea-- fonings of this author have fometimes confiderable merit, though he has by na means gone to the fource of the evil.. It might be amufing to fome readers to recoiled} the authorities, if the citation •f authorities were a proper mode of reafoning, by which the fyftem of accumu- lated property is openly attacked. The beft known is Plato in hjs treatife of a Republic. GENUINE SYSTEM OF PROPERTY. 505 nefs, an immenfe annuity expended to retain mankind in RooKVrir. . . CHAP. 11. brutality and ignorance. The poor are kept in ignorance by the » „ * want of leifure. The rich are furnifhed indeed with the means of cultivation and literature, but they are paid for being diffi- pated and indolent. The molt powerful means that malignity could have invented, are employed to prevent them from im- proving their talents, and becoming ufeful to the public. 4 This leads us to obferve, thirdly, that the eftablifhed fyftem 3 . j Q the dif- couragement Republic. His fteps have been followed by fir Thomas More in his Utopia. Specimens o£ very powerful reafoning on the fame fide may be found in Gul- liver'9 Travels, particularly, Part IV, Chap. VI. Mably, in his book De la Legijlation, has difplayed at large the advantages of equality, and then quits the fubjeft in defpair from an opinion of the incorrigiblenefs of human depravity. Wallace, the contemporary and antagonift of Hume, in a treatife entitled, Various Profpetts of Mankind, Nature and Providence, is copious in his eulogium of the feme fyftem, and deferts it only from fear of the earth becoming too populous r fee below, Chap. VII. The great pra&ical authorities are Crete, Sparta, Peru and Paraguay. It would be eafy tofwell this lift, if we added examples where an approach only to thefe principles was attempted, and authors who have in- cidentally confirmed a do&rine, fo interefting and clear, as never to have been wholly eradicated frorm any human uuderftanding.. It would be trifling to objeft that the fyftems of Plato and others are full of imperfeftions. This indeed rather ftrengthens their authority ; fince the evi- dence of the truth they maintained was fo great, as ftill- to preferve its hold on their understandings, though they knew not how to remove the difficulties that- attended it. & Qf So6 BENEFITS ARISING FROM THE of inteUedtual attainments! BooK.vrir. of property, is the true levelling fyftem with refpect to the CHAP. II. , . human fpecies, by as much as the cultivation of intellect and truth, is more valuable and more characteristic of man,, than the gratifications of vanity or appetite. Accumulated property treads the powers of thought in the duft, extinguiihes the fparks pf genius, and reduces the great mafs of mankind to be immerfed in fordid cares ; befide depriving the rich, as we have already faid, of the moft falubrious and effectual motives to activity. If fuperfluity were bani(hed ? the neceflity for the greater part of the manual induftry of mankind would be fuper- ieded ; and the reft, being amicably lhared among all the active and vigorous members of the community, would be burthenfome to none. Every man would have a frugal, yet wholfome diet ; every man would go forth to that moderate exercife of his corporal functions that would give hilarity to the fpirits ; none would be made torpid with fatigue, but all would have leifure to cultivate the kindly and philanthropical affections of the foul, and to let loofe his faculties in the fearch of intellectual improve- ment. What a contraft does this fcene prefent us with the prefent ftate of human fociety, where the peafant and the labourer work, till their. undcrftandings are benumbed with toil, their finews contracted and made callous by being for ever on the ftretch, and their bodies invaded with infirmities and fur- rendered to an untimely grave ? What is the fruit of this difpro- portioned and unceafing toil ? At evening they return to a family, famifhed with hunger, expofed half naked to the in- 2 clemencies GENUINE SYSTEM OF PROPERTY. 807 clemencies of the Iky, hardly iheltered, and denied the flendereft. book viii. : . . CHAP. II. inftruetion, unlefs in a few inftances, where it is difpenfed by the hands of oftentatious charity, and the firft lefTon communi- cated is unprincipled fertility. All this while their rich neigh- bour — but we vifited him before. How rapid and fublime would be the advances of intellect, if all men were admitted into the field of knowledge ? At prefent ninety-nine perfons in an hundred are no more excited to any regular exertions of general and curious thought, than the brutes themfelves. What would be the ftate of public mind in a nation, where all were wife, all had laid afide the fhackles of prejudice and implicit faith, all adopted with fearlefs confidence the fuggeftions of truth, and the lethargy of the foul was dif- miflfed for ever ? It is to be prefumed that the inequality of mind would in a certain degree be permanent ; but it is reafonablc to believe that the geniufes of fuch an age would far furpafs the grandeft exertions of intellect that are at prefent known. Genius would not be deprefled with falfe wants and niggardly patronage. It would not exert itfelf with a fenfe of neglect and oppreflion rankling in its bofom. It would be freed from thofe apprehenfions that perpetually recal us to the thought of perfonal emolument, and of confequence would expatiate freely among fentiments of generofity and public good. From ideas of intellectual let us turn to moral improvement. 4. ; a the And here it is obvious that all the occafions of crime would be t ; n $ lice. cut «b8 BENEFITS. ARISING FROM THE boor viu. cut off for ever. AH men love juftice. All men art confcious CHAP. II. *— — v 1 that man is a being of one common nature, and feel the pro- priety of the treatment they receive from one another being mea- fured by a common ftandard. Every man is defirous of affift- ing another j whether we fhould choofe to afcribe this to an in- ftindt, implanted in his nature which renders this conduct a iburce of perfonal gratification, or to his perception of the rea- fonablenefs of fuch affiftance. So neceffary a part is this of the *conftitution of mind, that no man perpetrates any action how- ever criminal, without having firft invented fome fophiftry, fome palliation, by which he proves to himfelf that it is beft to The crimes of be done *. Hence it appears, that offence, the inyafion of one the poor. man upon the fecurity of another, is a thought alien to mind, and which nothing could have reconciled to us but the fharp lling of neceffity. To confider merely the prefent order of human fociety, it is evident that the firft offence muft have been his who began a monopoly, and toqk advantage of the weaknefs of his neighbours to fecure certain exclufive privileges to himfelf. The man on the other hand who determined to put an end to this monopoly, and who peremptorily demanded what was fuperfluous to the poffeffor and would be of extreme benefit to himfelf, appeared to his own mind to be merely avenging the violated laws of juftice. Were it not for the plaufiblenefs of this apology, it is to be prefum Book II, Chap. Ill, p. 98. The GENUINE SYSTEM OF' PROPERTY. 809 The fruitful fource of crimes confifts in this circumflance, BooKvnr. CHAP. II. one man's pofleffing in abundance that of which another man is deftitute. We muft change the nature of mind, before we can prevent it from being powerfully influenced by this circumflance, when brought ftrongly home to its perceptions by the nature of its fituation. Man muft ceafe to have fenfes, the pleafures of appetite and vanity muft ceafe to gratify, before he can look on tamely at the monopoly of thefe pleafures. He muft ceafe to have a fenfe of juftice, before he can clearly and fully approve this mixed fcene of fuperfluity and diftrefs. It is true that the proper method of curing this inequality is by reafun and not by violence. But the immediate tendency of the eftabliflied fyftem is to perfuade men that reafon is impotent. The injuftice of which they complain is upheld by force, and they are too eafily induced, by force to attempt its correction. All they endeavour is the partial correction of an injuftice, which education tells them is neceflary, but more powerful reafon affirms to be tyrannical. Force grew out of monopoly. It might accidentally have occurred among favages whofe appetites exceeded their fupply, or whofe paffions were inflamed by the prefence of the object of their defire ; but it would gradually have died away, as reafon and civilifation advanced. Accumulated property has fixed its empire ; and henceforth all is an open contention of the ftrength and cunning of one party againft the ftrength and cunning of 5L the.- Bio BENEFITS ARISING FROM THE book vni. the other. In this cafe the violent and premature ftruggles of CHAP. II. the neceffitous are undoubtedly an evil. They tend to defeat the very caufe in the fuccefs of which they are moft deeply interefted ; they tend to procraflinate the triumph of truth. But the true crime is in the malevolent and partial propenfities of men, thinking only of themfelves, and defpifing the emolument of others ; and of thefe the rich have their fhare. The fpirit of oppreflion, the fpirit of fervility, and the fpirit ctf" fraud, thefe are the immediate growth of the eftablifhed fyftem of property. Thefe are alike hoftile to intellectual and moral improvement. The other vices of envy, malice and revenge are their infeparable companions. In a ftate of fociety where men lived in the midft of plenty, and where all fhared alike the bounties of nature, thefe fentiments would inevitably expire. The narrow principle of felfifhnefs would vanilh. No man being obliged to guard his little ftore, or provide with anxiety and pain for his reftlefs wants, each would lofe his own individual exiftence in the thought of the general good. No man would be an enemy to his neighbour, for they would have nothing for which to contend ; and of confequence philanthropy would refume the empire which reafon afiigns her. Mind would be delivered from her perpetual anxiety about corporal fupport, and free to expatiate in the field of thought which is -•congenial to her. Each man would afiift the enquiries of all. Let GENUINE SYSTEM OF PROPERTY, 8u Let us fix our attention for a moment upon the revolution of Bo~!Kvirr. CHAP. II. principles and habits that immediately grow out of an unequal * „ ' the paflions diftribution of property. Till it was thus diftributed men felt of the rich i what their wants required, and fought the fupplyof thofe wants. All that was more than this, was regarded as indifferent. But no fooner is accumulation introduced, than they begin to ftudy a variety of methods, for difpofing of their fuperfluity with leaft emolument to their neighbour, or in other words by which it (hall appear to be moft their own. They do not long continue to buy commodities, before they begin to buy men. He that poflefies or is the fpectator of fuperfluity foon difcovers the hold which it affords us on the minds of others. Hence the paflions of vanity and orientation. Hence the defpotic manners of them who recoiled with complacence the rank they occupy, and the refllefs ambition of thofe whofe attention is engrofled by the pof- fible future. Ambition is of all the paflions of the human mind the moft war. extenfive in its ravages. It adds diftrict to diftricT:, and kingdom to kingdom. It fpreads bloodfhed and calamity and conqueft over the face of the earth. But the paflion itfelf, as well as the means of gratifying it, is the produce of the prevailing fyftem of property *. It is only by means of accumulation that one man obtains an unrefifted fway over multitudes of others. It is by means of a certain diftribution of income that the prefent govern- * BookV, Chap. XVI. 5 L 2 mentj 812 BENEFITS ARISING FROM THE book viii. merits of the world are retained in exiftence. Nothing: more CHAP. II. b > . ' eafy than to plunge nations fo organifed into war. But, if Eu- rope were at prefent covered with inhabitants, all of them pof- feffing competence, and none of them fuperfluity, what could in- duce its different countries to engage in hoftility ? If you would lead men to war, you muft exhibit, certain allurements. If you be not enabled by a fyftem, already prevailing and which derives force from prefcription, to hire them to your purpofes, you muft bring over each individual by dint of perfuafion. How hopelefs a talk by fuch means to excite mankind to murder each other ? It is clear then that war in every horrid form is the growth of unequal property. As long as this fource of jealoufy and corv rdption fhall remain, it is vifionary to talk of univerfal peace. As foon as the fource fhall be dried up, it will be impoffible to ex-» elude the confequence. It is property that forms men into one common mafs, and makes them fit to be played upon like a brute machine. Were this {tumbling block removed, each man would be united to his neighbour in love and mutual kindnefs a thoufand times more than now : but each man would think and judge for himfelf. Let then the advocates for the prevailing fyftem, at leaft confider what it is for which they plead, and be well affured that they have arguments in its favour which will weigh againft thefe difadvantages, 5. in depopu- There is one other circumftance which, though inferior to thofe htion. above enumerated, deferves to be mentioned. This is popula- 4 tion. GENUINE SYSTEM OF PROPERTY. 813. tion. It has been calculated that the average cultivation of Eu- book viti, CHAP. II, rope might be improved, fo as to maintain five times her prefent * v— — ' number of inhabitants *. There is a principle in human fociety by which population is perpetually kept down to the level of the means of fubfiflence. Thus among the wandering tribes- of America and. Afia, we never find through the lapfe of ages, that population has fo increafed, as to render neceflary the cultivation of the earth. Thus, among the civilifed nations of Europe, by means of territorial monopoly the fources of fubfiflence are kept within a certain limit, and, if the population became overflocked, the lower ranks of the inhabitants would be flill more incapable of procuring for themfelves the neceflaries of life. There are no doubt extraordinary concurrences of circumftances, by means of which changes are'occafionally introduced in this refpect ; but in ordinary cafes the ftandard of population is held in a manner stationary for centuries. Thus the eftablifhed fyftem of property may be confidered as ftrangling a confiderable portion of our children in their cradle. "Whatever may be the value of the life of man, or rather whatever would be his capability of happinefe in a free and equal ftate of fociety, the fyftem we are here op-< pofing may be confidered as arrefting upon the threshold of ex-* - iftence four fifths of that value and that happinefs. * Ogilvie, Part I, Se&. iii, par. 35. CHAP,: [ »«4 3 CHAP. III. OF THE OBJECTION TO THIS SYSTEM FROM THE ADMIRABLE EFFECTS OF LUXURY. NATURE OF THE OBJECTION. — LUXURY NOT NECESSARY — EITHER TO POPULATION — OR TO THE IMPROVEMENT OF THE MIND. — ITS TRUE CHARACTER. book vni. ' | "'HES E ideas of juftice and improvement are as old as li- chap. nr. 1 -*■ terature and reflexion themfelves. They have fuggefted themfelves in detached parts to the inquifitive in all ages, though they have perhaps never been brought together fo as fufficiently to ftrike the mind with their confiftency and beauty. But, after having furnifhed an agreeable dream, they have perpetually been laid afide as impracticable. We will proceed to examine the ob-? jedtions upon which this fuppofed impracticability has been founded ; and the anfwer to thefe objections will gradually 'kad us to fuch a development of the propofed fyftem, as by its com- pletenefs and the regular adjuftment of its parts will be calculated to carry conviction to the moft prejudiced mind. Nature of the There is one objection that has chiefly been cultivated on Eng- lifh ground, and to which we will give the priority of examina- 2 tion. OF THE SUPPOSED ADVANTAGES, &c. 815 tion. It has been affirmed " that private vices are public bene- book vnr. CHAP III fits." But this principle, thus coarfely ftated by one of its origi- > ' nal advocates *, was remodelled by his more elegant fucceflbrsf. They obferved, " that the true meafure of virtue and vice was utility, and confequently that it was an unreafonable calumny to ftate luxury as a vice. Luxury," they faid, " whatever might be the prejudices that cynics and afcetics had excited againft it, was the rich and generous foil that brought to perfection the true profperity of mankind. Without luxury men muft always have remained folitary favages. It is luxury by which palaces are built and cities peopled. How could there have been high po- pulation in any country, without the various arts in which the fwarms of its inhabitants are bulled ? The true benefactor of mankind is not the fcrupulous devotee who by his charities en- courages infenfibility and floth ; is not the furly philofopher who reads them lectures of barren morality ; but the elegant volup- tuary who employs thoufands in fober and healthful induftry to procure dainties for his table, who unites diftant nations in com- merce to fupply him with furniture, and who encourages the fine arts and all the fublimities of invention to furnifh decorations for his refidence." I have brought forward this objection, rather that nothing ma- Luxury not neceflary, either to po=- * Mandeville ; Fable of the Bees. pulation^ f Coventry, in a treatife entitled, Philemon to Hydafpes : Hume ; Eflays, Part II, Eflay II. terial; ,8i6 ;(TF THE SUPPOSED ADVANTAGES ■ bookvtti. ferial might appear to be omitted, than becaufe it requires a fepa- . »-. — v- — * -rate anfwer. The true anfwer has been anticipated. It has been Teen that the population of any country is meafuredby its cultiva- tion. „ If therefore fufficient motives can he furnifhed to excite -men to agriculture, there is no doubt, that population maybe carried on to any extent that the land oan be made to maintain. "But agriculture, when once begun, is never found to Hop in its -career, but from pofitive difcountenance. It is territorial mono- poly that obliges men unwillingly to fee vaft tracts of land lying wafte, or negligently and imperfectly cultivated, while they are fubjected to the miferies of want. If land were perpetually open to him who was willing to cultivate it, it is not to be believed but that it would be cultivated in proportion to the wants of the community, nor by the fame reafon would there be any effectual - ...check .-to .the increafe of population. cr to the im- Undoubtedly the quantity of manual labour would be greatly provement of the mind. inferior to that which is now performed by the inhabitants of any civilifed country, hnce at prefent perhaps one twentieth part of the inhabitants performs the agriculture which fupports the whole. But it is by no means to be admitted that this leifure would be found a real calamity. Its true chr.- As to what fort of a benefactor the voluptuary is to mankind, this was fufficiently feen when we treated of the effects of de- pendence and injuftice. To this fpecies of benefit all the crimes and O F L U X U RY. g I7 and moral evils of mankind are indebted for their perpetuity. If book vnr. CHAP. Ill mind be to be preferred to mere animal exiftence, if it ought to i be the wifh of every reafonable enquirer, not merely that man, but that happinefs fhould be propagated, then is the voluptuary the bane of the human fpecies. 5 M CHAP. C 818 3 CHAP. IV. OF THE OBJECTION TO THIS SYSTEM FROM THE ALLUREMENTS OF SLOTH. THE OBJECTION STATED. — SUCH A STATE OF SOCIETY MUST HAVE BEEN PRECEDED BY GREAT INTELLECTUAL IMPROVEMENT. THE MANUAL LABOUR REQUIRED IN THIS STATE WILL BE EXTREMELY SMALL. — UNIVERSA- LITY OF THE LOVE OF DISTINCTION. — OPERATION OF THIS MOTIVE UNDER THE SYSTEM IN QUESTION — WILL FINALLY BE SUPERSEDED BY A BETTER MOTIVE. book viii. A N O T H E R objection which has been urged againft the CHAP. IV. /-\ _ n , . , _ , , . » „ > ■*■ -*- fyftem which counteracts the accumulation or property, The obiec- tion ftated. is, " that it would put an end to induftry. We behold in com- mercial countries the miracles that are operated by the love of gain. Their inhabitants cover the fea with their fleets, aftoniih mankind by the refinement of their ingenuity, hold vail conti- nents in fubjection in diftant parts of the world by their arms, are able to defy the moft powerful confederacies, and, opprefled with taxes and debts, feem to acquire frefh profperiry under their ac- cumulated burthens. Shall we lightly part with a fyftem that feems pregnant with fuch inexhauftible motives ? Shall we be- lieve that men will cultivate affiduoufly what they have no affur- ance ■'_ OF THE PRO PENSIT Y, &c. 819 ance they fhall be permitted to apply to their perfonal emolu- book Vl 11. . ..... CHAP. IV. merit ? It will perhaps be found with agriculture as it is with commerce, which then fiourifhes beft when fubjected to no con- trol, but, when placed under rigid reftraints, languishes and ex- pires. Once eftablifh it as a principle in fociety that no man is to apply to his perfonal ufe more than his neceffities require, and you will find every man become indifferent to thole exertions which now call forth the energy of his faculties. Man is the creature of fenfations ; and, when we endeavour to {train his in- tellect, and govern him by reafon alone, we do but fhow our ig- norance of his nature. Self love is the genuine fourcc of our actions '*, and, if this fhould be found to bring vice and partiality along with it, yet the fyftem that fhould endeavour to fuperfede it, would be at beft no more than a beautiful romance. If each man found that, without being compelled to exert his own in- duftry, he might lay claim to the fupeifhiity of his neighbour, indolence would perpetually ufurp his faculties, and fuch a foci- ety muft either ftarve, or be obliged in its own defence to return to that fyftem of injuftice and fordid intereft, which theoretical reafoners will for ever arraign to no purpofe." This is the principal objection that prevents men from yield- Suchaftate of-fociety ing without refiftance to the accumulated evidence that has al- ™uit have & been preceded. ready been adduced. In reply, it may be obferved in the firft by great in- tcllcihial im- place, that the equality for which we are pleading is an equality provemenfe- * For an examination of this principle fee Book IV, Chap. VIII. 5 M 2 that Sao OF THE PROPENSITY book vnr. that would fucceed to a ftate of great intellectual improvement. CHAP. IV. j So bold a revolution cannot take place in human affairs, till the general mind has been highly cultivated. The prefent age of mankind is greatly enlightened ; but it is to be feared is not yet enlightened enough. Hafty and undigefted tumults may take place under the idea of an equalifation of property ; but it is only a calm and clear conviction of juftice, of juftice mutually to be rendered and received, of happinefs to be produced by the defertion of our mod rooted habits, that can introduce an inva- riable fyftem of this fort. Attempts without this preparation will be productive only of confufion. Their effect will be mo- mentary, and a new and more barbarous inequality will fucceed. Each man with unaltered appetite will watch his opportunity to' gratify his love of power or his love of diftinction, by ufurping on his inattentive neighbours. Is it to be believed then that a ftate of fo great intellectual im- provement can be the forerunner of barbarifm ? Savages, it is true, are fubject to the weaknefs of indolence. But civilifed and refined ftates are the fcene of peculiar activity. It is thought, acutenefs of difquifition, and ardour of purfuit, that fet the corpo- real faculties at work. Thought begets thought. Nothing can put a flop to the progreffive advances of mind, but oppreflion. But here, fo far from being oppreffed, every man is equal, every man independent and at his eafe. It has been obferved that the eftablifhment of a republic is always attended with public enthu- fiafm and irrefiftible enterprife. Is it to be believed that equa- 6 %, TOSLOTHFULNESS. 821 lity, the true republicanifm, will be lefs effectual ? It is true that book viii . CHAP IV in republics this fpirit fooner or later is found to languifh. Re- ■* publicanifm is not a remedy that ftrikes at the root of the evil. Injuftice, oppreflion and mifery can find an abode in thofe feem- ing happy feats. But what fhall flop the progrefs of ardour and improvement, where the monopoly of property is unknown ? This argument will be ftrengthened, if we reflect on the The manual labour re- amount of labour that a ftate of equal property will require, qui.ed in this itate will be What is this quantity of exertion from which we are fuppofing extremely fmall. many members of the community to fhrink ? It isfo light a bur- then as rather to afTume the appearance of agreeable relaxation and gentle exercife, than of labour. In this community fcarcely any can be expected in confequence of their fituation or avoca- tions to confider themfelves as exempted from manual induftry. There will be no rich men to recline in indolence and fatten upon the labour of their fellows. The mathematician, the poet and the philofopher will derive a new flock of chearfulnefs and energy from the recurring labour that makes them feel they are men. There will be no peribns employed in the manufacture of trinkets and luxuries ; and none in directing the wheels of the complicated machine of government, tax-gatherers, beadles, ex- cifemen, tide-waiters, clerks and fecretaries. There will be nei- ther fleets nor armies, neither courtiers nor footmen. It is the unneceflary employments that at prefent occupy the great mafs of the inhabitants of every civilifed nation, while the peafant labours inceflantly g 22 OF THE PROPENSITY rook vnr. inceflantly to maintain them in a ftate more pernicious than idle- CHAP. IV. neis. It has been computed that not more than one twentieth of the inhabitants of England are employed ferioufly and fubftantially in the labours of agriculture. Add to this, that the nature of agriculture is fucb, as neceffarily to give full occupation in fome parts of the year, and to leave others comparatively unemployed. We may confider thefe latter periods as equivalent to a labour which, under the direction of fufficient ikill, might fuffice in a fimple ftate of fociety for the fabrication of tools, for weaving, and the occupation of taylors, bakers and butchers. The ob- ject in the prefent ftate of fociety is to multiply labour, in ano- ther ftate it will be to fimplify it. A vaft difproportion of the wealth of the community has been thrown into the hands of a few, and ingenuity has been continually upon the ftretch to find out ways in which it may be expended. In the feudal times the great lord invited the poor to come and eat of the produce of his eftate upon condition of their wearing his livery, and forming themfelves in rank and file to do honour to his well born guefts. Now that exchanges are more facilitated, we have quitted this in- artificial mode, and oblige the men we maintain out of our in- comes to exert their ingenuity and induftry in return. Thus in the inftance juft mentioned, we pay the taylor to cut our clothes to pieces, that he may few them together again, and to decorate them with Hitching and various ornaments, without which expe- rienc e TOSLOTHFULNESS. 823 rience would fpeedily fhow that they were in no refpect lefs ufe- eookviii. CHAP. IV. ful. We are imagining in the prefent cafe a ftate of the moft > v j rigid fimplicity. From the fketch which has been here given it feems by no means impoffible, that the labour of every twentieth man in the community would be fufficient to maintain the reft in all the ab- folute neceffaries of human life. If then this labour, inftead of being performed by fo fmall a number, were amicably divided among them all, it would occupy the twentieth part of every man's time. Let us compute that the induftry of a labouring man engroffes ten hours in every day, which, when we have de- ducted his hours of reft, recreation and meals, feems an ample allowance. It follows that half an hour a day, ferioufly em- ployed in manual labour by every member of the community, would fufficiently fupply the whole with neceffaries. Who is there that would fhrink from this degree of induftry ? Who is there that fees the inceffant induftry exerted in this city and this ifland, and would believe that, with half an hour's induftry per diem, we fhould be every way happier and better than we are at prefent ? Is it poffible to contemplate this fair and generous pic- ture of independence and virtue, where every man would have ample leifure for the nobleft energies of mind, without feeling our very fouls refrefhed with admiration and hope ? When we talk of men's finking into idlenefs if they be not Uaiverfality of the love of 2 excited difuu&ion. 824 OF THE PROPENSITY book viit. excited by the ftimulus of gain, we have certainly very little con- CHAP. IV. J G J J 1 » ' fidered the motives that at prefent govern the human mind. We are deceived by the apparent mercenarinefs of mankind, and imagine that the accumulation of wealth is their great object. But the cafe is far otherwife. The prefent ruling paflion of the human mind is the love of diftinction. There is no doubt a clafs in fociety that are perpetually urged by hunger and need, and have no leifure for motives lefs grofs and material. But is the clafs next above them lefs induftrious than they ? I exert a certain fpecies of induftry to fupply my immediate wants ; but thefe wants are foon fupplied. The reft is exerted that I may wear a better coat, that I may clothe my wife with gay attire, that I may not merely have a fhelter but a handfome habitation, not merely bread or flefh to eat, but that I may fet it out with a fuitable decorum. How many of thefe things would engage my attention, if I lived in a defert ifland, and had no fpectators of my economy ? If I furvey the appendages of my perfon, is there one article that is not an appeal to the refpecT: of my neighbours, or a refuge againft their contempt ? It is for this that the merchant braves the dangers of the ocean, and the mechanical inventor brings forth the treafures of his meditation. The foldier ad- vances even to the cannon's mouth, the ftatefman expofes him- felf to the rage of an indignant people, becaufe they cannot bear to pafs through life without diftinction and efteem. Exclufively of certain higher motives that will prefently be mentioned, this is the purpofe of all the great exertions of mankind. The man who has TOSLOTHFULNESS. 825 has nothinsr to provide for but his animal wants, fcarcely ever book viit. ° r J CHAP. IV. •fhakes off the lethargy of his mind ; but the love of praife • v— ' hurries us on to the moft incredible achievements. Nothing is more common than to find perfons who furpafs the reft of their fpecies in activity, inexcufably remifs in the melioration of their pecuniary affairs. In reality thofe by whom this reafoning has been urged, have miftaken the nature of their own objection. They did not fincerely believe that men could be roufed into action only by the love of gain ; but they imagined that in a ftate of equal property men would have nothing to occupy 'their attention. What degree of truth there is in this idea we fhall prefently have occafion to eftimate. Meanwhile it is fufficiently obvious, that the motives which Operation of this motiTe arife from the love of diftinction are by no means cut off, by a under the fyftem in ftate of fociety incompatible with the accumulation of property, queftion t Men, no longer able to acquire the efteem or avoid the contempt of their neighbours by circumftances of drefs and furniture, will divert the pamon for diftinction into another channel. They will avoid the reproach of indolence, as carefully as they now avoid the reproach of poverty. The only perfons who at pre- fent neglect the effect which their appearance and manners may produce, are thofe whofe faces are ground with famine and diftrefs. But in a ftate of equal fociety no man will be opprefled, 5 N and S 2 6 OF THE PROPENSITY bookviii. and of confequence the more delicate affections of the foul will i v - j have time to expand themfelves. The general mind having, as we have already fhown, arrived at a high pitch of improvement, the impulfe that carries it out into action will be flronger than ever. The fervour of public fpirit will be great. Leimre will be multiplied, and the leifure of a cultivated underftanding is the precife period in which great ceugns, defigns the tendency of which is to fecure applaufe and efteem, are conceived. In tran- quil leifure it is impoffible for any but the fubJimefl: mind to exift without the paffion for diftindtion. This paffion, no longer permitted to lofe itfelf in indirect channels and ufelefs Wanderings, will feek the nobleft courfe, and perpetually fructify the feeds of public good. Mind, though it will perhaps at no time arrive at the termination of its poflible difcoveries and im- provements, will neverthelefs advance with a rapidity and firm- nefs of progreffion of which we are at prefent unable to conceive the idea. will finally be The love of fame is no doubt a delufion. This like every fuperfeded by • a better mo- other delufion will take its turn to be detected and abjured. It tire. J is an airy phantom, which will indeed afford us an imperfect pleafure fo long as we worfhip it, but will always in a confider- able degree difappoint us, and will not ftand the teft of exami- nation. We ought to love nothing but good, a pure and immu- table felicity, the good cf the majority, the good of the general. If there be any thing more fubflantial than all the reft, it is juftice, TOSLOTHFULNESS. 827 juftice, a principle that refts upon this fingle poftulatum, that book vnr. CHAP. IV. man and man are beings of the fame nature, and fufceptible, * ^— — ' under certain limitations, of the fame advantages. Whether the benefit proceed from you or me, fo it be but conferred, is a piti- ful diftin&ion. Juftice has the farther advantage, which ferves us as a countercheck to prove the goodnefs of this fpecies of arith- metic, of producing the only folid happinefs to the man by whom it is practifed, as well as the good of all. But fame can- not benefit me, any more than ferve the beft purpofes to others. The man who acts from the love of it, may produce public good ; but, if he do, it is from indirect and fpurious views. Fame is an unfubftantial and delufive purfuit. If it fignify an opinion entertained of me greater than I deferve, to purfue it is vicious. If it be the precife mirror of my character, it is defira- ble only as a means, in as much as I may perhaps be able to do moft good to the perfons who beft know the extent of my capacity and the rectitude of my intentions. The love of fame, when it perifhes in minds formed under the prefent fyftem, often gives place to a greater degeneracy. Selfifh- nefs is the habit that grows out of monopoly. When therefore this felfiftmefs ceafes to feek its gratification in public exertion, it too often narrows itfelf into fome frigid conception ofperfonal pleafure, perhaps fenfual, perhaps intellectual. But this cannot be the procefs where monopoly is banifhed. Selfifhnefs has there no kindly circumftances to fofter it. Truth, the over- 5 N 2 powering 8a8 OF THE PROPENSITY TO SLOTHFULNESS. book vii r. powering truth of general good, then feizes us irrefiftibly. It CHAP. IV. ; is impoflible we mould want motives, fo long as we fee clearly how multitudes and ages may be benefited by our exertions, how caufes and effects are connected in an endlefs chain, fo that no honeft effort can be loft, but will operate to good, centuries after its author is configrjed to the grave. This will be the general palfion, and all wiil be animated by the example of all. CHAP. [ 8 29 ] CHAP. V. OF THE OBJECTION TO THIS SYSTEM FROM THE IMPOSSIBILITY OF ITS BEING RENDERED PERMANENT. GROUNDS OF THE OBJECTION. ITS SERIOUS IMPORT. ANSWER, THE INTRODUCTION OF SUCH A SYSTEM •MUST BE OWING, I. TO A DEEP SENSE OF JUSTICE 2. TO A CLEAR INSIGHT INTO THE NATURE OF HAPPINESS AS BEING PROPERLY INTELLECTUAL NOT CONSIST- ING IN SENSUAL PLEASURE OR THE PLEASURES OF DELUSION. — INFLUENCE OF THE PASSIONS CONSIDERED. MEN WILL NOT ACCUMULATE EITHER FROM INDIVI- DUAL FORESIGHT OR FROM VANITY. LET us proceed to another objection. It has fometimes been book viii. CHAP. V. faid by thofe who oppoie the dodtrine here maintained, » v ' Grounds of *' that equality might perhaps contribute to the improvement the objeaion. and happinefs of mankind, if it were confiftent with the nature of man that fuch a principle mould be rendered permanent ; but that every expectation of that kind muft prove abortive. Con- fufion would be introduced under the idea of equality to-day, but the old vices and monopolies would return to-morrow. All that the rich would have purchafed by the rnoft generous facri- fice, 830 OF THE PERMANENCE OF THE uooicYiir. fice, would be a period of barbarifm, from which the ideas and » , j regulations of civil fociety muft commence as from a new infancy. The nature of man cannot be changed. There would at leaft be fome vicious and defigning members of fociety, who would endeavour to fecure to themfelves indulgencies beyond the reft. Mind would not be reduced to that exacl: uniformity which a ftate of equal property demands ; and the variety of fentiments which muft always in fome degree prevail, would inevitably fubvert the refined fyftems of fpeculative perfection." its fenous jvj objection can be more effential than that which is here import. adduced. It highly becomes us in fo momentous a fubjec~t to refift all extravagant fpeculations : it would be truly to be lamented, if, while we parted with that ftate of fociety through which mind has been thus far advanced, we were replunged into barba- rifm by the purfuit of fpecious appearances. But what is worft of all, is that, if this objection be true, it is to be feared there is no remedy. Mind muft go forward. What it fees and ad- mires, it will fome time or other feek to attain. Such is the inevitable law of our nature. But it is impoffible not to fee the beauty of equality, and to be charmed with the benefits it feems to promife. The confequence is fure. Man, according to the fyftem of thefe reafoners, is prompted to advance for fome time with fuccefs ; but after that time, in the very ad: of purfuing farther improvement, he neceiTarily plunges beyond the compafs of his powers, and has then his petty career to begin afrefh. 6 The GENUINE SYSTEM OF PROPERTY. 8u O' The objection reprefents him as a foul abortion, withjuft under- book vin. CHAP.V. ftanding enough to fee what is good, but with too little to retain * « ' him in the practice of it. — Let us confider whether equality, once eftablifhed, would be fo precarious as it is here reprefented. In anfwer to this objection it muft firft be remembered, Anfwer. that the ftate of equalifation we are here fuppofing is not the refult of accident, of the authority of a chief magiftrate, or the over earneft perfuafion of a few enlightened thinkers, but is produced by the ferious and deliberate conviction of the com- munity at large. We will fuppofe for the prefent that it is poffi- ble for fuch a conviction to take place among a given number of perfons living in fociety with each other : and, if it be poflible in a fmall community, there feems to be no fufficient reafon to prove that it is impofhble in one of larger and larger dimenfions. The queftion we have here to examine is concerning the proba- bility, when the conviction has once been introduced, of its becoming permanent. The conviction refts upon two intellectual impreffions, one The l'ntro- ofjuftice, and the other of happinefs. Equalifation of property fachafyftem cannot begin to aflume a fixed appearance in human fociety, till wi n g, 1 . to the fentiment becomes deeply wrought into the mind, that the ofjuftLe. genuine wants of any man conftitute his only juft claim to the appropriating any fpecies of commodity. If the general fenfe of mankind 832 OF THE PERMANENCE OF THE book vin. mankind were once fo far enlightened, as to produce a perpetual CHAP V impreffion of this truth, of fo forcible a fort as to be exempt from all objections and doubt, we fhould look with equal horror and contempt at the idea of any man's accumulating a property he did not want. All the evils that a ftate of mono- poly never fails to engender would ftand forward in our minds, together with all the exifting happinefs that attended upon a ftate of freedom. We fhould feel as much alienation of thought from the confuming ufelefsly upon ourfelves what would be beneficial to another, or from the accumulating property for the purpofe of obtaining fome kind of afcendancy over the mind of our neighbours, as we now feel from the commiffion of murder. No man will difpute, that a ftate of equal property once efta- blifhed, would greatly diminifh the evil propenfities of man. But the crime we are now fuppofing is more atrocious than any that is to be found in the prefent ftate of fociety. Man perhaps is incapable under any circumftance of perpetrating an action of which he has a clear and undoubted perception that it is contrary to the general good. But be this as it will, it is hardly to be believed that any man for the fake of fome imaginary gratification to himfelf would wantonly injure the whole, if his mind were not firft ulcerated with the imprefTion of the injury that fociety by its ordinances is committing againft him. The cafe we are here confidering is that of a man, who does not even imagine himfelf injured, and yet wilfully fub verts a ftate of happinefs to which GENUINE SYSTEM OF PROPERTY. 833 which no defcription can do iuftice, to make room for the bookviii. CHAP. V. return of all thofe calamities and vices with which mankind have * *-— — ' been infefted from the earlieft page of hiftory. The equalifation we are defcribing is farther indebted for its *■• to a ^ lear infight into empire in the mind to the ideas with which it is attended of per- the n ? ture of happinefs : fonal happinefs. It grows out of a fimple, clear and unanfwerable theory of the human mind, that we firft ftand in need of a certain animal fubfiftence and fhelter, and after that, that our only true as ^'"2 P r0 " * * « P er 'y wtel- felicity confifts in the expanfion of our intellectual powers, the leftu » 1 : knowledge of truth, and the pra&ice of virtue. It might feem at firft fight as if this theory omitted a part of the experimental hiftory of mind, the pleafures of fenfe and the pleafures of delu- fion. But this omiflion is apparent, not real. However many not confiftincr are the kinds of pleafure of which we are fufceptible, the truly pkafure : prudent man will facrifice the inferior to the more exquifite. Now no man who has ever produced or contemplated the happi- nefs of others with a liberal mind, will deny that this exercife is infinitely the moft pleafurable of all fenfation<=. But he that is guilty of the fmalleft excefs of fenfual pleafures, by fo much diminifhes his capacity of obtaining this higheft pleafure. Not to add, if that be of any importance, that rigid temperance is the reafonable means of tafting fenfual pleafures with the higheft relifli. This Was the fyftem of Epicurus, and muft be the fyftem of every man who ever fpeculated deeply on the nature of human happinefs. For the pleafures of delufion, they are abfolutely orthepfea- . fures of delu- 5 O incompatible Con. 8 34 OF THE PERMANENCE OF THE Booicvm. incompatible with our higheft pleafure. If we would either CHAP V t j promote or enjoy the happinefs of others, we mull feek to know in what it confifts. But knowledge is the irreconcileable foe of delufion. In proportion as mind rifes to its true element, and lhakes off thofe prejudices which are the authors of our mifery, it becomes incapable of deriving pleafure from flattery^fame or power, or indeed from any fource that is not compatible with, or in other words does not make a part of the common good. The raoft palpable of all clafles of knowledge is that I am, per- sonally confidered, but an atom in the ocean of mind. — The firft rudiment therefore of that fcience of perfonal happinefs which is infeparable from a ftate of equalifation, is, that I fhall derive in- finitely more pleafure from fimplicity, frugality and truth, than from luxury, empire and fame. What temptation has a man, entertaining this opinion, and living in a ftate of equal property, to accumulate ? Influence of This queftion has been perpetually darkened by the doctrine, fo coniidered. familiar to writers of morality, of the independent operations of reafon and paflion. Such diftinctions muft always darken. Of how many parts does mind confift ? Of none. It confifts merely of a feries of thought fucceeding thought from the firft moment of our exiftence to its termination *. This word paflion, which has produced fuch extenfive mifchief in the philofophy of mind, and has no real archetype, is perpetually (hifting its meaning. Some- Book IV, Chap. VIT, p. 335. times GENUINE SYSTEM OF PROPERTY. 835 times it is applied univerfally to all thofe thoughts, which, being book viii. peculiarly vivid, and attended with great force of argument real or * imaginary, carry us out into action with uncommon energy. Thus we fpeak of the paffion of benevolence, public fpirit or courage. Sometimes it fignifies thofe vivid thoughts only, which upon ac- curate examination appear to be founded in error. In the firft fenfe the word might have been unexceptionable. Vehement defire is the refult of a certain operation of the underftanding, and muft always be in a joint ratio of the fuppofed clearnefs of the propofition and importance of the practical effects. In the fecond fenfe, the doctrine of the paflions would have been exceedingly harmlefs, if we had been accuftomed to put the definition inftead of the thing defined. It would then have been found that it merely affirmed that the human mind muft always be liable to precifely the fame miftakes as we obferve in it at prefent, or in other words af- firmed the neceffary permanence in opposition to the neceffary per- fectibility of intellect. Who is there indeed that fees not, in the cafe above ftated, the abfurdity of fuppofing a man, fo long as he has a clear view of juftice and intereft lying on one fide of a given queftion, to be fubject to errors that irrefiftibly compel him to the other ? The mind is no doubt liable to fluctuation. But there is a degree of conviction that would render it impoffible for us any longer to derive pleafure from intemperance, dominion or fame, and this degree in the inceffant progrefs of thought muft one day arrive.. 5 O 2 This S36 OF THE PERMANENCE OP THE book viii. This proportion of the permanence of a fyftem of equal pro- y / perty, a fter it has once been brought into action by the energies Men will not accumulate of reafon and conviction, will be placed out of the reach of all either from individual equitable doubt, if we proceed to form to ourfelves an accurate forefight : picture of the action of this fyftem. Let us fuppofe that we are introduced to a community of men, who are accuftomed to an in- duftry proportioned to the wants of the whole, and to communi- cate inftantly and unconditionally, each man to his neighbour, that for which the former has not and the latter has immediate occafion. Here the firft and fimpleft motive to perfonal accumu- lation is inftantly cut off. I need not accumulate to protect my- fclf againft accidents, ficknefs or infirmity, for thefe are claims the validity of which is not regarded as a fubject of doubt, and with which every man is accuftomed to comply. I can accu- mulate in a confiderable degree nothing but what is perifhable, for exchange being unknown, that which I cannot perfonally confume adds nothing to the fum of my wealth. — Meanwhile it fhould be obferved, that, though accumulation for private pur- pofes under fuch a fyftem would be in the higheft degree irra- tional and abfurd, this by no means precludes fuch accumulation, as may be neceflary to provide againft public contingencies. If there be any truth in the preceding reafonings, this kind of accu- mulation will be unattended with danger. Add to this, that the perpetual tendency of wifdom is to preclude contingency. It is well known that dearths are principally owing to the falfe pre- cautions GENUINE SYSTEM OF PROPERTY. 837 cautions and falfe timidity of mankind; and it is reafonable to book via. CHAP. V fuppofe that a degree of fkill will hereafter be produced, which v v ' , . '» will gradually annihilate the failure of crops and other fimilar ac- cidents. It has already appeared, that the principal and unintermitting or raniey. motive to private accumulation, is the love of diftin&ion and efteem. This motive is alfo withdrawn. As accumulation can have no rational object, it would be viewed as a mark of infa- nity, not a title to admiration. Men would be accuftomed to the fimple principles of juftice, and know that nothing was en- titled to efteem but talents and virtue. Habituated to employ their fuperfluity to fupply the wants of their neighbour, and to dedicate the time which was not necefiary for manual labour to the cultivation of intellect, with what fentiments would they be- hold the man, who was foolifh enough to few a bit of lace upon his coat, or affix any other ornament to his perfon ? In fuch • a community property would perpetually tend to find its level. It would be interefting to all to be informed of the perfon in whofe hands a certain quantity of any commodity was lodged, and every man would apply with confidence to him for the fupply of his wants in that commodity. Putting therefore out of the queftion every kind of compulfion, the feeling of depravity and abfurdity, that would be excited with relation to the man who refufed to part with that for which he had no real need, would operate in all cafes as a fufficient difcouragement to fo odious an innovation. 838 OF THE PERMANENCE, &c. book viii. fnnovation. Every man would conceive that he had a iuft and CHAP. v. J J v v ■■ * complete title to make ufe of my fuperfluity. If I refufed to liften to reafon and expoftulation on this head, he would not ftay to adjuft with me a thing fo vicious as exchange, but would leave me in order to feek the fupply from fome rational being. Ac- cumulation, inftead, as now, of calling forth every mark of refpecT:, would tend to cut off the individual who attempted it from all the bonds of fociety, and fink him in neglect and oblivion. The influence of accumulation at prefent is derived from the idea of eventual benefit in the mind of the obferver ; but the accu- mulator then would be in a cafe ftill worfe than that of the mifer now, who, while he adds thoufands to his heap, cannot be pre- vailed upon to part with a fuperfluous farthing, and is therefore the object of general defertion. CHAP. [ 8 39 ] CHAP. VI. OF THE OBJECTION TO THIS SYSTEM FROM THE INFLEXIBILITY OF ITS RESTRICTIONS. NATURE OF THE OBJECTION. — NATURAL AND MORAL IN- DEPENDENCE DISTINGUISHED — THE FIRST BENEFICIAL — THE SECOND INJURIOUS. — TENDENCY OF RESTRIC- TION PROPERLY SO CALLED. — THE GENUINE SYSTEM OF PROPERTY NOT A SYSTEM OF RESTRICTIONS DOES NOT REQUIRE COMMON LABOUR, MEALS OR MAGAZINES. SUCH RESTRICTIONS ABSURD — AND UNNECESSARY. — EVILS OF COOPERATION. ITS PROVINCE MAY PERPETU- ALLY BE DIMINISHED. MANUAL LABOUR MAY BE EX- TINGUISHED. — CONSEQUENT ACTIVITY OF INTELLECT. IDEAS OF THE FUTURE STATE OF COOPERATION. ITS LIMITS. — ITS LEGITIMATE PROVINCE. — EVILS OF COHABITATION — AND MARRIAGE. — THEY OPPOSE THE DEVELOPMENT OF OUR FACULTIES ARE INIMICAL TO OUR HAPPINESS — AND DEPRAVE OUR UNDERSTAND- INGS. — MARRIAGE A BRANCH OF THE PREVAILING SYS- TEM OF PROPERTY. — CONSEQUENCES OF ITS ABOLITION. — EDUCATION NEED NOT IN THAT STATE OF SOCIETY BE A SUBJECT OF POSITIVE INSTITUTION. THESE PRINCIPLES 8 4 o OF THE ENJOYMENT PRINCIPLES DO NOT LEAD TO A SULLEN INDIVIDUA- LITY. — PARTIAL ATTACHMENTS CONSIDERED. — BENE- FITS ACCRUING FROM A JUST AFFECTION MATERI- ALLY PROMOTED BY THESE PRINCIPLES. THE GENU- INE SYSTEM OF PROPERTY DOES NOT PROHIBIT ACCU- MULATION — IMPLIES A CERTAIN DEGREE OF APPRO- PRIATION — AND DIVISION OF LABOUR. book viii. A N obje&ion that has often been urged againfta fyftem of * « ' ■*• ■*■ equal property, is, " that it is inconfiftent with perfonal objeaion. independence. Every man according to this fcheme is a paffive inftrument in the hands of the community. He muft eat and drink, and play and fleep at the bidding of others. He has no habitation, no period at which he can retreat into himfelf, and not afk another's leave. He has nothing that he can call his own, not even his time or his perfon. Under the appearance of a perfect freedom from opprefiion and tyranny, he is in reality fubje&ed to the moft unlimited flavery." Natural and To underftand the force of this objection it is neceflary that we pendence mould diftinguifh two forts of independence, one of which may thefirftbene- De denominated natural, and the other moral. Natural inde- C * 1 pendence, a freedom from all conftraint except that of reafon and argument prefented to the underftanding, is of the utmoft import- the fecond ance to the welfare and improvement of mind. Moral independ- ence on the contrary is always injurious. The dependence which is wjuri 0\18. OF LIBERTY. 841 is eflentlal in this refpect to the wholfome temperament of lb- book vm. f T-T A P V T ciety, includes in it articles that are no doubt unpalatable to a v '> multitude of the prefent race of mankind, but that owe their unpopularity only to weaknefs and vice. It includes a cenfure to be exercifed by every individual over the actions of another, a promptnefs to enquire into them, and to judge them. Why fhould I fhrink from this ? What could be more beneficial than for each man to derive every poffible affiftance for correcting and moulding his conduct from the perfpicacity of his neighbours ? The reafon why this fpecies of cenfure is at prefent exercifed with Dliberality, is becaufe it is exercifed clandeflinely and we fubmit to its operation with impatience and averfion. Moral inde- pendence is always injurious : for, as has abundantly appeared in the courfe of the prefent enquiry, there is no fituation in which I can be placed,where it is not incumbent upon me to adopt a certain fpecies of conduct in preference to all others, and of confequence where I mall not prove an ill member of fociety, if I act in any other than a particular manner. The attachment that is felt by the prefent race of mankind to independence in this refpect, the defire to aft as they pleafe without being accountable to the prin- ciples of reafon, is highly detrimental to the general welfare. But if we ought never to act independently of the principles Tendency of ' ... reftriftion, of reafon, and in no inftance to fhrink from the candid examina- properly fo called. tion of another, it is neverthelefs effential that we mould at all times be free to cultivate the individuality and follow the dictates S P of 842 OF THE ENJOYMENT book vin. of our own judgment. If there be any thin? in the fcheme of equal ch/j.vi. ... v- — , > property that infringes this principle, the objection is conclufive. If the fcheme be, as it has often been reprefented, a fcheme of go- vernment, constraint and regulation, it is no doubt in direct ho- ftility with the principles of this work. The genuine g ut fa e { ru th J S) .{ha*, a fyftem of equal property requires no petty not a reftrictions or fuperintendence whatever. There is no need of fyftem ot re- r ' : common labour, common meals or common magazines. Thefe does not re- qmre common are feeble and miftaken inftruments for reftraining the conduct labour, meals ■ »r magazines. w i t hout making conqueft of the judgment. If you cannot bring over the hearts of the community to your party, expect no fuc- cefs from brute regulations. If you can, regulation is unnecef- fary. Such a fyftem was well enough adapted to the military conftitution of Sparta ; but it is wholly unworthy of men who are enlifted in no caufe but that of reafon and juflice. Beware of reducing men to the ftate of machines. Govern them through no medium but that of inclination and conviction. Such reftric- Why mould we have common meals ? Am I obliged to be tions ablurd : J hungry at the fame time that you are ? Ought I to come at a certain hour, from the mufeum where I am working, the recefs where I meditate, or the obfervatory where I remark the pheno- mena of nature, to a certain hall appropriated to the office of eating ; inftead of eating, as reafon bids me, at the time and place moft fuited to my avocations ? Why have common magazines ? 5 For OF LIBERTY. 843 For the purpofe of carrying our provifions a certain diftance, that book vrn. 1,-11 • • CHAP. VI. we may afterwards bring them back again ? Or is this precau- * „ » and unnecef- tion really neceflary, after all. that has been faid in praife of equal fary. fociety and the omnipotence of reafon, to guard us againft the knavery and covetoufnefs of our aflbciates ? If it be, for God's fake let us difcard the parade of political juftice, and go over to the ftandard of thofe reafoners who fay, that man and the practice of juftice are incompatible with each other. Once more let us be upon our guard againft reducing men to Evils of co- operation.. the condition of brute machines. The objectors of the laft chap- ter were partly in the right when they fpoke of the endlefs vari- ety of mind. It would be abfurd to fay that we are not capable of truth, of evidence and agreement. In thefe refpects, fo far as mind is in a ftate of progreflive improvement, we are perpetually coming nearer to each other. But there are fubjects about which we fhall continually differ, and ought to differ. The ideas, the affociations and the circumftances of each man are properly his own ; and it is a pernicious fyftem that would lead us to require all men, however different their circumftances, to ac~l in many of the common affairs of life by a precife general rule. Add to this, that, by the doctrine of progreflive improvement, we fhall always be erroneous, though we fhall every day become lefs erroneous. The proper method for haftening the decay of error, is not, by brute force, or by regulation which is one of the claffes of force, 5 P 2 -to OF THE ENJOYMENT book viir. to endeavour to reduce men to intellectual uniformity: but on and the ftill augmenting ftream of abufe will continue to flow. eonfeqtiences The abolition of marriage will be attended with no evils. We ef its aboli- iSoo. are apt to represent it to ourfelves as the harbinger of brutal a. luft OF LIBERTY. S51 luft and depravity. But it really happens in this as in other bookviit. r- • « . CHAP. VI. cafes, that the pofitive laws which are made to reurain our ■ y— ~» vices, irritate and multiply them. Not to fay, that the fame fentiments of juftice and happinefs which in a ftate of equal property would deftroy the relifh for luxury, would decreafe •our inordinate appetites of eveiy kind, and lead us univerfally Jo prefer the pleafures of intellect to the pleafures of fenfe. The intercourfe of the fexes will in fuch a ftate fall under the fame fyftem as any other fpecies of friendship. Exclufively of all groundlefs and obflinate attachments, it will be impoffible for me to live in the world without finding one man of a worth fuperior to that of any other whom I have an opportunity of obferving. To this man I lhall feel a kindnefs in exact proportion to my appre- henfion of his worth. The cafe will be precifely the fame with refpect to the female fex. I lhall affiduoufly cultivate the inter- courfe of that woman whofe accomplishments lhall Strike me la- the moft powerful manner. " But it may happen that other men will feel for her the fame preference that I do." This will create no difficulty. We may all enjoy her converfation ; and we fhall all be wife enough to confider the fenfual intercourfe as a very trivial object. This, like every other affair in which two perfons are concerned, muft be regulated in each fucceffive in- ftance by the unforced confent of either party. It is a mark of the extreme depravity of our prefent habits, that we are inclined, to fuppofe the fenfual intercourfe any wife material to the ad-> vantages arifing from the pureft affection. Reafonable men no\f .5 0^2 eat S S z OF THE ENJOYMENT r - book vin. eat and drink, not from the love of pleafure, but becaufe eating CHAP. VI. '-—v——-' and drinking are effential to our healthful exiftence. Reafona- ble men then will propagate their fpecies, not becaufe a certain fenfible pleafure is annexed to this action, but becaufe it is right the fpecies fhould be propagated ; and the manner in which they exercife this function will be regulated by the dictates of reafon and duty. - - Such are fome of the confiderations that will probably regulate the commerce of the fexes. It cannot be definitively affirmed whether it be known in fuch a ftate of fociety who is the father of each individual child. But it may be affirmed that fuch i knowledge will be of no importance. It is ariftocracy, felf love „ and family pride that teach us to fet a value upon it at prefent. I ought to prefer no human being to another, becaufe that being is my father, my wife or my fon, but becaufe, for reafons which equally appeal to all underftandings, that being is entitled to preference. One among the meafures which will fucceffively be dictated by the fpirit of democracy, and that pro- bably at no great diftance, is the abolition of furnarries. Education Let us confider the way in which this ftate of fociety will need not in that (late of modiry education. It may be imagined that the abolition of fociety be a fubjeftof marriage would make it in a certain fenfe the affair of the public- pofitive inftv . union. though, if there be any truth in the reafonings of this work, to provide for it by the pofitive inftitutions of a community, would be extremely inconfiftent with the true principles of the 4- inteJlettua* OF LIBERTY. g 53 intellectual fyftem *. Education may be regarded as confuting book viit. CHAP VI of various branches. Firft, the perfonal cares which the help- > „' * lefs ftate of an infant requires. Thefe will probably devolve upon the mother ; unlefs, by frequent parturition or by the very nature of thefe cares, that were found to render her fhare of the burthen unequal ; and then it would be amicably and wil- lingly participated by others. Secondly, food and other necef- fary fupplies. Thefe, as we have already feen, would eafily find their true level, and fpontaneoufly flow from the quarter in which they abounded to the quarter that was deficient j\ Laftly, the term education may be ufed to fignify inftruction. The taik of » inftru&ion, under fuch a form of fociety as that we are contem- plating, will be greatly fimplified and altered from what it is at prefent. It will then be thought no more legitimate to make boys flaves, than to make men fo. The bufinefs will not then be. to bring forward fo many adepts in the egg-ihell, that the vanity of parents may be flattered by hearing their praifes. No man will then think of vexing with premature learning the feeble and 1 inexperienced, for fear that, when they came to years of difcre- tion, they mould refufe to be learned. Mind will be fufFered to expand itfelf in proportion as occaiion and impreflion fhall excite it, and not tortured and enervated by being caft in a particular mould. No creature in human form will be expected to learn? any thing, but becaufe he defires it and has fome conception of. * Book VI, Chap. VIII. . ti Char, V, p. 837. it£3 ?54 OF THE ENJOYMENT book vin. its utility and value ; and every man, in proportion to his capa- rHAP VI i v ' J city, will be ready to furniih fuch general hints and comprehen- five views, as will fumce for the guidance and encouragement of him who fiudies from a principle of defire. Thefe pnnci- Before we quit this part of the fubje£t it will be neceflary to pies do not x lcadtoafullen rfeniafog a n objection that will fuggeft itfelf to fome readers. individuality. J ^ u They will fay " that man was formed for fociety and l'eciprocai kindnefs ; and therefore is by his nature little adapted to the fyftem of individuality which is here delineated. * The true per- fection of man is to blend and unite his own exiftence with that of another, and therefore a fyftem which forbids him all partiali- ties and attachments, tends to degeneracy and not to improve- ment." No doubt man is formed for fociety. But there is a way in which for a man to lofe his own exiftence in that of others, that is eminently vicious and detrimental. Every man ought to reft upon his own centre, and confult his own underftanding. Every man ought to feel his independence, that he can aflert the principles of juftice and truth, without being obliged trea- cheroufly to adapt them to the peculiarities of his fituation, and the errors of others. Partial at- ^° doubt man 1S formed for fociety. But. he is formed for, ccmfidlred. or m ot ^ er words his faculties enable him to ferve, the whole and OF LIBERTY. $ ss and not a part. Juftice obliges us to fyrapathife with a man of book vnr. - M - . r . c , , CHAP. VI, merit more fully than with an mligmhcant and corrupt member > of fociety. But all partialities ftrictly fo called, tend to the injury of him who feels them, of mankind in general, and even of him who is their object. The fpirit of partiality is well ex- prefled in the memorable faying of Themiftocles, " God forbid that I fhould fit upon a bench of juftice, where my friends found no more favour than ftrangers !" In fad:, as has been repeatedly feen in the courfe of this work, we fit in every action of our lives upon a bench of juftice ; and play in humble imita- tion the part of the unjuft judge, whenever we indulge the final left atom of partiality. Such are the limitations of the focial principle. Thefe limitations Benefits ac- i • • r cnring from in reality tend to improve it and render its operations beneficial, a juit affec- tion ; It would be a miferable miftake to fuppofe that the principle is not of the utmoft importance to mankind. All that in which the human mind differs from the intellectual principle in animals is the growth of fociety. All that is excellent in man is the fruit of progreflive improvement, of the circumftance of one age taking advantage of the difcoveries of a preceding age, and fetting out from the point at which they had arrived. Without fociety we fhould be wretchedly deficient in motives matenaily- promotsd by to improvement. But what is moft of all, without fociety our thefe prin- ciples.. improvements would be nearly ufelefs. Mind without bene- volence 8 5 6 OF THE ENJOYMENT book viii. volence is a barren and a cold exiftence. It is in feeking the ) , ' good of others, in embracing a great and expanfive fphere of action, in forgetting our own individual interefts, that we find our true element. The tendency of the whole fyftem delineated in this Book is to lead us to that element. The individuality it recommends tends to the good of the whole, and is valuable only as a means to that end. Can that be termed a felfifh fyftem, where no man defires luxury, no man dares to be guilty of injuftice, and every one devotes himfelf to fupply the wants, animal or intellectual, of others ? — To proceed. The genuine As a genuine ftate of fociety is incompatible with all laws and fyftem of pro- perty does reftrictions, fo it cannot have even this reftriction, that no man not prohibit aocumula- fhall amafs property. The fecurity againft accumulation, as has already been faid, lies in the perceived abfurdity and inutility of accumulation. The practice, if it can be conceived in a ftate of fociety where the principles of juftice were adequately under- ftood, would not even be dangerous. The idea would not create alarm, as it is apt to do in profpect among the prefent advocates of political juftice. Men would feel nothing but their laughter or their pity excited at fo ftrange a perverfity of human intellect. implies* cer- What would denominate any thing my property ? The fact, tain degree of appropHa- that it was necenary to my welfare. My right would be coeval with the exiftence of that neceflity. The word property would probably tion ,• O F L I B E R T Y. 857 probably remain ; its fignification only would be modified, book vin. . CHAP VI The miftake does not fo properly lie in the idea itfelf, as in v v J ' the fource from which it is traced. What I have, if it be neceffary for my ufe, is truly mine ; what I have, though the fruit of my own induftry, if unneceiTary, it is an ufurpation for me to retain. Force in fuch a ftate of fociety would be unknown ; I fhould part with nothing without a full confent. Caprice would be unknown ; no man would covet that which I ufed, unlefs he diftinttly apprehended, that it would be more beneficial in his pofTeffion than it was in mine. My apartment would be as facred to a certain extent, as it is at prefent. No man would obtrude himfelf upon me to interrupt the courfe of my ftudies and meditations. No man would feel the whim of occupying my apartment, while he could provide himfelf another as good of his own. That which was my apartment yefterday would probably be my apartment to-day. We have few purfuits that do not require a certain degree of apparatus ; and it would be for the general good that I fhould find in ordinary cafes the apparatus ready for my ufe to-day that I left yefterday. But, though the idea of property thus modified would remain, the jealoufy and felfifhnefs of property would be gone. Bolts and locks would be unknown. Every man would be welcome to make every ufe of my accommodations, that did not interfere with my own ufe of them. Novices as we are, we may figure - 5 R to of labour. 858 OF THE ENJOYMENT book viii. to ourfelves a thoufand difputes, where property was held by fo CHAP VI. flight a tenure. But difputes would in reality be impoffible. They are the offspring of a mifhapen and difproportioned love of ourfelves. Do you want my table ? Make one for yourfelf ; or, if I be more fkilful in that refped: than you, I will make one for you. Do you want it immediately ? Let us compare the urgency of your wants and mine, and let juflice decide. and dlvifion Thefe obfervations lead us to the confideration of one addi- tional difficulty, which relates to the divifion of labour. Shall each man make all his tools, his furniture and accommodations ? This would perhaps be a tedious operation. Every man per- forms the taik to which he is accuftomed more fkilfully and in a fhorter time than another. It is reafonable that you fhould make for me, that which perhaps I fhould be three or four times as long making, and fhould make imperfectly at laft. Shall we then introduce barter and exchange ? By no means. The ab- ftracl; fpirit of exchange will perhaps govern j every man will employ an equal portion of his time in manual labour. But the individual application of exchange is of all practices the moft per- nicious. The moment I require any other reafon for fupplying you than the cogency of your claim, the moment, in addition to the dictates of benevolence, I demands profpecl: of advantage to myfelf, there is an end of that political juftice and pure fociety of which we treat. No man will have a trade. It cannot be fup- pofed that a man will conftruft any fpecies of commodity, but in proportion OF LIBERTY, 859 proportion as it is wanted. The profeffion paramount to all book viit. CHAP. VI others and in which every man will bear his part, will be that of / man, and in addition perhaps that of cultivator. The divifion of labour, as' it has been treated by commercial writers, is for the moft part the offspring of avarice. It has been found that ten perfons can make two hundred and forty times as many pins in a day as one perfon *. This refinement is the growth of luxury. The obje£t is to fee into how vaft a furface the induftry of the lower clafles may be beaten, the more com- pletely to gild over the indolent and the proud. The ingenuity of the merchant is whetted, by new improvements of this fort to tranfport more of the wealth of the powerful into his own cof- fers. The poffibility of effecting a compendium of labour by this means will be greatly diminished, when men fhall learn to deny themfelves fuperfluities. The utility of fuch a faving of labour, where labour is fo little, will fcarcely balance againft the evils of fo extenfive a cooperation. From what has been faid under this head it appears, that there will be a divifion of labour, if we compare the fociety in queftion with the (late of the fo- litaire and the favage. But it will produce an extenfive compo- fition of labour, if we compare it with that to which we are at prefent accuftomed in civilifed Europe. * Smith's Wealth of Nations, Book I, Chap. I. 5 R 2 G H A P. [ 36o ] CHAP. VII. OF THE OBJECTION TO THIS SYSTEM FROM THE PR1N CI PLE OF POPULATION. THE OBJECTION STATED. — REMOTENESS OF ITS OPERA- TION. — CONJECTURAL IDEAS RESPECTING THE ANTI- DOTE. — OMNIPOTENCE OF MIND. — ILLUSTRATIONS. CAUSES OF DECREPITUDE. YOUTH IS PROLONGED BY CHEARFULNESS — BY CLEARNESS OF APPREHENSION— AND A BENEVOLENT CHARACTER. — THE POWERS WE POSSESS ARE ESSENTIALLY PROGRESSIVE. — EFFECTS OF ATTENTION.. — THE PHENOMENON OF SLEEP EXPLAINED. PRESENT UTILITY OF THESE REASONINGS. — APPLICA- TION TO THE FUTURE STATE OF SOCIETY. rH°APvir* A ^ author who has fpeculated widely upon fubjects of go- v- — jr — ' X A. vernment *, has recommended equal, or, which was rather The objec- **-•#■•» tion ftated. ^is j^ea, common property, as a complete remedy, to the usurpa- tion and diftrefs which are at prefent the moft powerful enemies of human kind, to the vices which infect education in fome in- ftances, and. the neglect it encounters in more, to all the turbu- lence of paffion, and all the injuftice of felfifhnefs. But, after • "Wallace : Various Profpe&s of Mankind, Nature and Providence, 1761. * having OF POPULATION. 86s having exhibited this picture, not lefs true than delightful, he book vnr. CHAP.VIZ, finds an argument that demolifhes the whole, and reftores him «■ ■ v ■ ■■' to indifference and defpair, in the exceffive population that would enfue. One of the moft obvious anfwers to this objection is, that to Remotenek reafon thus is to forefee difficulties at a great diftance. Three tion, fourths of the habitable globe is now uncultivated. The parts already cultivated are capable of immeafurable improvement. Myriads of centuries of ftill increafing population may probably pafs away, and the earth ftill be found fufficient for the fubfift- ence of its inhabitants. Who can fay how long the earth itfelf will furvivethe cafualties of the planetary fyftem ? Who can fay what remedies 'fhall fuggeft themfelves for fo diftant an inconve- nience, time enough for practical application, and of which we may yet at this time have not the fmalleft idea ? It would be truly abfurd for us to fhrink from a fcheme of effential benefit to man- kind, left they ftiould be too happy, and by neceftary confequence SX fome diftant period too populous. But, though thefe remarks may be deemed a fufficient anfwer Conje&urai' ideas refpeft-- to the objection, it may not be amifs to indulge in fome fpecula- ing the anti- dote. tions to which fuch an objection obvioufly leads. The earth may, to fpeak in the ftyle of one of the writers of the Chriftian Scriptures, " abide for ever *." It may be in danger of becom- ing too populous. A remedy may then be neceflary. If it may, * Ecclefiaftes, Chap. I, ver. 4. why/ S62 OP POPULATION. bookviii. whyfhould we fit down in fupine indifference and conclude that CHAP. VII. . r ~ i — -V, — ' we can difcover no glimpie of it ? The difcovery, if made, would add to the firmnefs and confiftency of our profpects ; nor is it improbable to conjecture that that which would form the regulat- • ing fpring of our conduct then, might be the medium of a falu- tary modification now. What follows muft be confidered in fome degree as a deviation into the land of conjecture. If it be falfe, it leaves the great fyftem to which it is appended in all found reafon as impregnable as ever. If this do not lead us to the true remedy, it does not follow that there is no remedy. The great object of enquiry will ftill remain open, however defective may be the fuggeftions that are now to be offered. Omnipotence L e t us here return to the fublime conjecture of Franklin, that •f mind. 8 mind will one day become omnipotent over matter *." If over all other matter, why not over the matter of our own bodies ? If over matter at ever fo great a diftance, why not over matter which, however ignorant we may be of the tie that connects it with the thinking principle, we always carry about with us, and which is in all cafes the medium of communication between that principle and the external univerfe ? In a word, why may not man be one day immortal ? * I have no other authority to quote for this expreflion than the converfation of Dr. Price. Upon enquiry I am happy to find it confirmed to me by Mr. William Morgan, the nephew of Dr Price, who recollects to hare heard it repeatedly mentioned by his uncle. 6 The OF POPULATION. . 863 The different cafes in which thought modifies die external book vm. r u - 11 t • vr 1 . , CHAP. VII. umverie are obvious to all. It is modified by our voluntary v thoughts or defign. We defire to ftretch out our hand, and it is ftretched out. We perform a thoufand operations of the fame fpecies every day, and their familiarity annihilates the wonder* They are net in themfelves lefs wonderful than any of thofe mo- difications which we are leaft accuftomed to conceive. — Mind modifies body involuntarily. Emotion excited by fome unex- pected word, by a letter that is delivered to us, occafions the mod extraordinary revolutions in our frame, accelerates the circulation, caufes the heart to palpitate, the tongue to refufe its office, and has been known to occafion death by extreme anguifh or extreme joy. Thefe fymptoms we may either encourage or check. By encouraging them habits are produced of fainting or of rage. To difcourage them is one of the principal offices of fortitude. The effort of mind in refilling pain in the ftories of Cranmer and Mu- cius Scasvola is of the fame kind. It is reafonable to believe that that effort with a different direction might have cured certain dif- eafes of the fyftem. There is nothing indeed of which phyficians themfelves are more frequently aware, than of the power of the mind in affifting or retarding convalefcence. Why is it that a mature man foon lofes that elafticity of limb, Caufes of de- crepitude. which charatterifes the heedlefs gaiety of youth ? Becaufe he de- fifts from youthful habits. He affumes an air of dignity incom- patible with the lighrnefs of childifh fallies. He is vifited and vexed with all the cares that rife out of our miftaken inftitutions, and S64 OF POPULATION. BooKvur. and his heart is no longer fatisfied and gay. ttence his limbs GHAT 9 . VII. v.^-v— w» become ftiff and unwieldy. This is the forerunner of old age and death. Youth is pro- The firft habit favourable to corporeal vigour is chearfulnefs. longed fey «hcarfulncfsj Every time that our mind becomes morbid, vacant and melan- choly, a certain period is cut off from the length of our lives. Liftleflhefs of thought is the brother of death. But chearfulnefs gives new life to our frame and circulation to our juices. No- thing can long be flagnant in the frame of him, whofe heart is tranquil, and his imagination active. fey clearness A fecond requifite in the cafe of which we treat is a clear and of apprehen- fion - diftinct conception. If I know precifely what I wifh, it is eafy for me to calm the throbs of pain, and to aflift the fluggifh ope- rations of the fyftem. It is not a knowledge of anatomy, but a quiet and fteady attention to my fymptoms, that will beft enable me to correct the diftemper from which they fpring. Fainting is nothing elfe but a confufion of mind, in which the ideas ap- pear to mix in painful diforder, and nothing is diftinguifhed. andabcnevo- Yhe true fource of chearfulnefs is benevolence. To a youth- lent charae- * ta - ful mind, while every thing ftrikes with its novelty, the indivi- dual fituation muft be peculiarly unfortunate, if gaiety of thought be not produced, or, when interrupted, do not fpeedily return with its healing oblivion. But novelty is a fading charm, and perpetually decreafes. Hence the approach of inanity and liftleflhefs OF POPULATION. '865 f lillleflhefs. After we have made a certain round, life de- bookviu. chap, vir, lights no more. A deathlike apathy invades us. Thus the aged v . . v » are generally cold and indifferent ; nothing interefls their atten^ tion, or roufes the fluggifhnefs of their foul. How mould it be otherwife ? The purfuits of mankind are commonly frigid and contemptible, and the miftake comes at laft to be detected. But virtue is a charm that never fades. The foul that perpetually overflows with kindnefs and fympathy, will always be chearful. The man who is perpetually bufied in contemplations of public good, will always be active. The application of thefe reafonings is fimple and irrefiftible. Thep ower: If mind be now in a great degree the ruler of the fyftem, why effentiaUy * mould it be incapable of extending its empire ? If our involun- tary thoughts can derange or reftore the animal economy, why fhould we not in procefs of time, in this as in other inftances, fubject the thoughts which are at prefent involuntary to the go- vernment of defign ? If volition can now do fomething, why fhould it not go on to do flill more and more ? There is no princi- ple of reafon lefs liable to queftion than this, that, if we have in any refpect a little power now, and if mind be effentially progref- five, that power may, and, barring any extraordinary concuflions of nature, infallibly will, extend beyond any bounds we are able to prefcribe to it. Nothing can be more irrational and prefumptuous than to 5 S . conclude, progreflive. 866 OF POPULATION. 9 book viii. conclude, becaufe a certain fpecies of fuppofed power is entirely CHAP. VII. ~ ._ . • J out of the line of our prefent obfervations, that it is therefore al- together beyond the limits of the human mind. We talk fami- liarly indeed of the limits of our faculties, but nothing is more difficult than to point them out. Mind, in a progreffive view at leaft, is infinite. If it could have been told to the favage inha- bitants of Europe in the times of Thefeus and Achilles, that man was capable of predicting eclipfes and weighing the air, of ex- plaining the phenomena of nature fo that no prodigies fhould remain, of meafuring the diftance and the fize of the heavenly bodies, this would not have appeared to them lefs wonderful, than if we had told them of the poflible difcovery of the means of maintaining the human body in perpetual youth and vigour. But we have not only this analogy, mowing that the difcovery in queftion forms as it were a regular branch of the acquisitions that belong to an intellectual nature ; but in addition to this we feem to have a glimpfe of the fpecific manner in which the ac- quifition will be fecured. Let us remark a little more diftinctly the fimplicity of the procefs. attention. Effefts of We have called the principle of immortality in man chearfuf- nefs, clearnefs of conception and benevolence. Perhaps we fhall in fome refpects have a more accurate view of its potency, if we conlider it as of the nature of attention. It is a very old maxim of practical conduct, that whatever is done with attention, is done well. It is becaufe this was a principal requifite, that many per- fons OF POPULATION. 867 Ions endowed In an eminent desrree with chearfulnefs, perfpica- bock vnr. . CHAP. VII. city and benevolence, have perhaps not been longer lived than ' „ ' their neighbours. We are not capable at prefent of attending to every thing. A man who is engaged in the fublimeft and molt, delightful exertions of mind, will perhaps be lefs attentive to his animal functions than his moft ordinary neighbour, though he will frequently in a partial degree repair that neglect, by a more chearful and animated obfervation, when thofe exertions are fuf- pended. But, though the faculty of attention may at prefent have a very fmall fhare of ductility, it is probable that it may be improved in that refpect to an inconceivable degree. The .pic- ture that was exhibited of the fubtlety of mind in an earlier ftage of this work *, gives to this fuppofition a certain degree of moral evidence. If we can have three hundred and twenty fucceffive ideas in a fecond of time, why ihould it be fuppofed that we mail not hereafter arrive at the fkill of carrying on a great number of contemporaneous proceifes without diforder ? Having thus given a view of what may be the future improve- The pheno- menon of mem of mind, it is proper that we Ihould qualify this picture to fleep ex- plained. thefanguine temper of fome readers and the incredulity of others, by obferving that this improvement, if capable of being realifed, is however at a great diftance. A very obvious remark will ren- der this eminently palpable. If an nnintermitted attention to the animal economy be neceffary, then, before death can be banifhed, * Book IV, Chap. VII, p. 330. 5 S 2 we 868 OF POPULATION. book viii. w e muft banifh fleep, death's infiage. Sleep is one of the moft CHA.P.VII. } ir— *■ confpicuous infirmities of the human frame. It is not, as ha* often been fuppofed, a fufpenfion of thought, but an irregular and diftempered ftate of the faculty *. Our tired attention refigns the helm, ideas fwim before us in wild confufion, and are attended with lefs and lefs diftin&nefs, till at length they leave no traces in the memory. Whatever attention and volition are then impofed upon us, as it were at unawares, are but faint refemblances of our operations in the fame kind when awake. Generally fpeaking, we contemplate fights of horror with little pain, and commit the moft atrocious crimes with little fenfe of their true nature. The horror we fometimes attribute to our dreams, will frequently be found upon accurate obfervation to belong to our review of them when we wake. Prefent utility One other remark may be proper in this place. If the reme- oftheferea- fonings. dies here prefcribed tend to a total extirpation of the infirmities of our nature, then, though we cannot promife to them an early and complete fuccefs, we may probably find them of fome utility now. They may contribute to prolong our vigour, though not to immortalife it, and, which is of more confequence, to make us live while we live. Every time the mind is invaded with an- guifh and gloom, the frame becomes difordered. Every time that languor and indifference creep upon us, our functions fall into decay. In proportion as we cultivate fortitude and equa- * Book IV, Chap. VII, p. 335. 5 nimity, OF POPULATION. S6g nimity, our circulations will be chearful. In proportion as we bookviij. cultivate a kind and benevolent propenfity, we may be fecure of »■ finding fomething for ever to intereft and engage us. Medicine may reafonably be ftated to confift of two branches, the animal and intelle&ual. The latter of thefe has beeen in- finitely too much neglected. It cannot be employed to the pur- pofes of a profeflion ; or, where it has been incidentally fo em- ployed, it has been artificially and indirectly, not in an open and avowed manner. "-Herein the patient muft minifter to himfelf*." How often do we find afudJen piec: of good news diflipating a diftemper ? How common is the remark, that thofe accidents, which are to the indolent a fource of difeafe, are forgotten and extirpated in the bufy and active ? It would no doubt be of extreme moment to us, to be thoroughly acquainted with the power of motives, habit, and what is called refolution, in this refpect. I walk twenty miles in an indolent and. half determined temper, and am extremely fatigued. I walk twenty miles full of ardour and with a motive that en- erofles my foul, and I come in as frefh and alert as when I began my journey. We are fick and we die, generally fpeak- ing, becaufe we confent to fuffer thefe accidents. This confent in the prefent ftate of mankind is in fome degree unavoidable, We muft have ftronger motives and clearer views, before we can uniformly refufe it. But, though we cannot always, we may frequently refufe. This is a truth of which all mankind are * Macbeth, Ad V. to . 8 7 o . OF POPULATION. book vi ir. to a certain degree aware. Nothing more common than for the CHAP. vn. n . - „ , . r . . ,. ... v— v— — ' raoft ignorant man to call upon his lick neighbour, to roule nim- felf, net to fuffer himfelf to be conquered ; and this exhortation is always accompanied with fome confeioufnefs of the efficacy of resolution. The wife and the good man therefore fhould carry with him the recollection of what chearfulnefs and a determined fpirit are able to do, of the capacity with which he is endowed of expelling the feeds and firft flight appearances of indifpofition. The principal part of the preceding paragraph is nothing more than a particular application of what was elfewhere delivered reflecting moral and phyfical caufes"*. It would have been eafy to have caft the prefent chapter in a different form, and to have made it a chapter upon health, fhowing that one of the advan- tages of a better ftate of fociety would be a very high improve- ment -of the vigour and animal conftitution of man. In that cafe the conjecture of immortality would only have come in as an incidental remark, and the whole would have affumed lefs the air of conjecture than of clofe and argumentative deduction. But it was perhaps better to give the fubject the moft explicit . form, at the rifk of exciting a certain degree of prejudice. £ P the C futoe To aPPty thefe remarks to the fubjed of population. The siety.° tendency of a cultivated and virtuous mind is to render us in- different to the gratifications of fenfe. They pleafe at prefent * Book I, Chap. VII, Fart I. OFPOPULATION. 871 by their novelty, that is, becaufe we know not how to bookviii. chap vir eftimate them. They decay in the decline of life indirectly > > * becaufe the fyftem refufes them, but directly and principally becaufe they no longer excite the ardour and paffion of mind. It is well known that an inflamed imagination is capable of doubling and tripling the feminal fecretions. The gratifications of fenfe pleafe at prefent by their impofture. We foon learn to defpife the mere animal function, which, apart from the delu- fions of intellect, would be nearly the fame in all cafes ; and to value it, only as it happens to be relieved by perfonal charms or mental excellence. We abfurdly imagine that no better road can be found to the fympathy and intercourfe of minds. But a very flight degree of attention might convince us that this is a falfe road, full of danger and deception. Why mould I efteem another, or by another be efteemed ? For this reafon only, becaufe efteem is due, and only fo far as it is due. The men therefore who exift when the earth (hall refufe itfelf to a more extended population, will ceafe to propagate, for they will no longer have any motive, either of error or duty, to induce them. In addition to this they will perhaps be immortal. The whole will be a people of men, and not of children. Generation will not fucceed generation, nor truth have in a certain degree to recommence her career at the end of eveiy thirty years. There will be no war, no crimes, no ad- miniftration of juftice as it is called, and no government. Thefe latter %yi OF POPULATION. book vin. latter articles are at no great diftance ; and it is not impoffibie ' . j that fome of the prefent race of men may live to fee them in part accomplifhed. But befide this, there will be no difeafe, no anguifli, no melancholy and no refentment. Every man will feek with ineffable ardour the good of all. Mind will be active and eager, yet never difappointed. Men will fee the progreffive advancement of virtue and good, and feel that, if things occa- fionally happen contrary to their hopes, the mifcarriage itfelf was a neceffary part of that progrefs. They will know, that they are members of the chain, that each has his feveral utility, and they will not feel indifferent to that utility. They will be eager to enquire into the good that already exifts, the means by which it was produced, and the greater good that is yet in ftore. They will never want motives for exertion j for that benefit which a man thoroughly underftands and earneflly loves, he cannot refrain from endeavouring to promote. Before we difmifs this fubject it is proper once again to re- mind the reader, that the leading doctrine of this chapter is given only as matter of probable conjecture, and that the grand argument of this divifion of the work is altogether independent of its truth or falfhood. CHAP. [ 873 ] CHAP. VIII. * OF THE MEANS OF INTRODUCING THE GENUINE SYSTEM OF PROPERTY. APPREHENSIONS THAT ARE ENTERTAINED ON THIS SUB- JECT. — IDEA OF MASSACRE. — INFERENCE WE OUGHT TO MAKE UPON SUPPOSITION OF THE REALITY OF THESE APPREHENSIONS. — MISCHIEF BY NO MEANS THE NECES- SARY ATTENDANT ON IMPROVEMENT. — DUTIES UNDER THIS CIRCUMSTANCE, I. OF THOSE WHO ARE QUALIFIED FOR PUBLIC INSTRUCTORS — TEMPER SINCERITY. — PERNICIOUS EFFECTS OF DISSIMULATION INTHIS CASE. — ■ 2. OF THE RICH AND GREAT. — MANY OF THEM MAY BE EXPECTED TO BE ADVOCATES OF EQUALITY. — CONDUCT WHICH THEIR INTEREST AS A BODY PRESCRIBES. — 3. OF THE FRIENDS OF EQUALITY IN GENERAL. OMNIPO- TENCE OF TRUTH. — IMPORTANCE OF A MILD AND BENEVOLENT PROCEEDING. — CONNEXION BETWEEN LI- BERTY AND EQUALITY. CAUSE OF EQUALITY WILL PERPETUALLY ADVANCE. — SYMPTOMS OF ITS PROGRESS. IDEA OF ITS FUTURE SUCCESS. — CONCLUSION. HAVING thus Hated explicitly and without referve the book. viii. ■ r J CHAP. vni. great branches of this illuftrious picture, there is but one ' *— — ' 5 T fubjeft $74 OF THE MEANS OF INTRODUCING book vin. fubject that remains. In what manner fhall this intereftW im- chap. vjii. ° y * ' provement of human fociety be carried into execution ? Are there not certain fteps that are defirable for this purpofe ? Are there not certain fteps that are inevitable ? "Will not the period that mult firft elapfe, neceflarily be ftained with a certain in- fufion of evil ? Apprehcn- No idea has excited greater horror in the minds of a multitude *nt«tained of perfons, than that of the mifchiefs that are to enfue from the •on this fub- jeft. difTemination of what they call levelling principles. They believe "that thefe principles will inevitably ferment in the minds of the vulgar, and that the attempt to carry them into execution will be attended with every fpecies of calamity." They reprefent to themfelves " the uninformed and uncivilifed part of mankind, as let loofe from all reftraint, and hurried into every kind of excefs. Knowledge and tafte, the improvements of intellect, the difcoveries of fages, the beauties of poetry and art, are trampled under foot and extinguifhed by barbarians. It is another inundation of Goths and Vandals, with this bitter •aggravation, that the viper that flings us to death was warmed in our own bofoms." They conceive of the fcene as " beginning in maflacre." They fuppofe " all that is great, preeminent and illuftrious as ranking among the firft victims. Such as are diftinguifhed by peculiar elegance of manners or energy of diction and compo- fition, THE GENUINE SYSTEM OF PROPERTY. 875 fition, will be the inevitable obje#s of envy and jealoufy. Such ewAp^viri as intrepidly exert themfelves to fuccour the perfecuted, or to *"" — * ' declare to the public thofe truths which they are leaft inclined y but which are moft neceffary for them to hear, will be marked out for aflaflination." Let us not, from any partiality to the fyftem of equality Idea of maffacre. delineated in this book, fhrink from the picture here exhibited. Maffacre is the too poffible attendant upon revolution, and maffacre is perhaps the moft hateful fcene, allowing for its momentary duration, that any imagination can fuggeft. The fearful, hopelefs expectation of the defeated, and the blood- hound fury of their conquerors, is a complication of mifchief that all which has been told of infernal regions cannot furpafs. The cold-blooded maffacres that are perpetrated under the name of criminal juftice fall fhort of thefe in their moft frightful aggravations. The minifters and inftruments of law have by cuftom reconciled their minds to the dreadful talk they perform, and bear their refpective parts in the moft fhocking enormities, without being fenfible to the paffions allied to thofe enormities. But the inftruments of maffacre are actuated with all the fenti- ments of fiends. Their eyes emit flafhes of cruelty and rage. They purfue their victims from ftreet to ftreet and from houfe to houfe. They tear them from the arms cf their fathers and their wives. They glut themfelves with barbarity and infult, and utter fhouts of horrid joy at the fpectacle of their tortures. j T 2 We g 7 5 OF THE MEANS OF INTRODUCING book vm. We have now contemplated the tremendous picture ; what is CHAP. VIII. « , ' the conclufion it behoves us to draw ? Mufl we fhrink from rea- Inference we ought to f on> from juftice, from virtue and happirfefs ? Suppofe that the make upon fuppofition inevitable confequence of communicating truth were the tempo- of the reality * ? r of thefe ap- rar y introduction of fuch a fcene as has juft been defcribed, mull pretentions. J we on that account refufe to communicate it ? The crimes that were perpetrated would in no juft eftimate appear to be the refult of truth, but of the error which had previoufly been infufed. The impartial enquirer would behold them as the laft ftruggles of expiring defpotifm, which, if it had furvived, would have pro- duced mifchiefs, fcarcely lefs atrocious in the hour of their com- miffion, and infinitely more calamitous by the length of their duration. If we would judge truly, even admitting the unfa- vourable fuppofition above dated, we muft contrail a moment of horror and diftrefs with ages of felicity. No imagination can Sufficiently conceive the mental improvement and the tranquil virtue that would fucceed, were property once permitted to reft upon its genuine balls. And by what means fupprefs truth, and keep alive the falutary intoxication, the tranquillifing infanity of mind which fome men defire ? Such has been too generally the policy of government through every age of the world. Have we flaves ? We muft af- fiduoully retain them in ignorance. Have we colonies and de- pendencies ? The great effort of our care is to keep them from being too populous and profperous. Have we fubjects ? It is 4. " by THE GENUINE SYSTEM OF PROPERTY. 877 " by impotence and mifery that we endeavour to render them book vrn. ' . m chap. vnr. fupple : plenty is fit for nothing but to make them unmanage- able, difobedient and mutinous *." If this were the true philo- fophy of focial institutions, well might we fhrink from it with horror. How tremendous an abortion would the human fpecies be found, if all that tended to make them wife, tended to make them unprincipled and profligate ? But this it is impoffible for anyone to believe, who will lend the fubject a moment's impar- tial confideration. Can truth, the perception of juftice and a de- fire to execute it, be the fource of irretrievable ruin to mankind ? It may be conceived that the firft opening and illumination of mind will be attended with diforder. But every juft reafoner muft confefs that regularity and happinefs will fucceed to this confufion. To refufe the remedy, were this picture of its opera- tion ever fo true, would be as if a man who had diflocated a limb,fhould refufe to undergo the pain of having it replaced. If mankind have hitherto loft the road of virtue and happinefs, that can be no juft reafon why they fhould be fuffered to go wrong for ever. We muft not refufe a conviction of error, or even the treading over again fome of the fteps that were the refult of it. Another queftion fuggefts itfelf under this head. Can we fup- prefs truth ? Can we arreft the progrefs of the enquiring mind ? If we can, it will only be done by the moft unmitigated defpot- ifm. Mind has a perpetual tendency to rife. It cannot be held . * BopkV, Chap. Ill, p. 405. down 1 S 7 3 OF THE MEANS OF INTRODUCING book vi it. down but by a power that counteracts its genuine tendency chap. vin. t _ 1 v ' through eveiy moment of its exiflence. Tyrannical and fan- guinary muft be the meafures employed for this purpofe. Mi- ferable and difguftful mud be the fcene they produce. Their refult will be thick darknefs of the mind, timidity, fertility, hy- pocrify. This is the alternative, fo far as there is any alternative in their power, between the oppofite meafures of which the princes and governments of the earth have now to choofe : they muft either fupprefs enquiry by the moll arbitrary ftretches of power, or preferve a clear and tranquil field in which every man mail be at liberty to difcover and vindicate his opinion. No doubt it is the duty of governments to maintain the moft unalterable neutrality in this important tranfaction. No doubt it is the duty of individuals to publifh truth without diffidence or referve, to publifh it in its genuine form without feeking aid from the meretricious arts of publication. The more it is told, the more it is known in its true dimenfions, and not in parts, the lefs is it poffible that it fhould coalefce with or leave room for the pernicious effects of error. The true philanthropift will be eager, inftead of fuppreffing difcuffion, to take an active fhare in the fcene, to exert the full flrength of his facilities in difco- very, and to contribute by his exertions to render the operation of thought at once perfpicuous and profound. Mifchiefby j t b eme; then fufficiently evident that truth muft be told at no means the P * whatever THE GENUINE SYSTEM OF PROPERTY. 879 whatever expence, let us proceed to confider the precife amount book viii. CHAP. VIII. of that expence, to enquire how much of confufion and violence ' » ' neceflary at» is inseparable from the tranfit which mind has to accomplifh. tendanton improvement. And here it plainly appears that mifchief is by no means infepa- rable from the progrefs. In the mere circumftance of our ac- quiring knowledge and accumulating one truth after another there is no direct tendency to diforder. Evil can only fpring from the clafh of mind with mind, from one body of men in the community outftripping another in their ideas of improvement, and becoming impatient of the oppofitien they have to en— counter. In this interefting period, in which mind mall arrive as it Dutfes under: 1 -r r • n i i • i 1 • this ci'rcum- were at the true cnlis 01 its ltory, there are high duties incum- ftance, 1. of . • thofe who bent upon every branch of the community. Firft, upon thofe are qualified cultivated and powerful minds, that are fitted to be precurfors to inftmaors s = the reft in the difcovery of truth. They are bound to be active, indefatigable and difmterefted. It is incumbent upon them to ' temper : abftain from inflammatory language, from all expreffions of acri- mony and refentment. It is abfurd in any government to erect itfelf into a court of criticifm in this refpect, and to eftablifh a ■ criterion of liberality and decorum; but for that very reafon it- is doubly incumbent on thofe who communicate their thoughts - to the public,, to exercife a rigid cenfure over themfelves. The tidings of liberty and equality are tidings of good will to all or- - ders of men. They free the peafant from the. iniquity that de- prefles. . 88b OF THE MEANS OF INTRODUCING book viii. preffes his mind, and the privileged from the luxury and def- CHAP VIII. potifm by which he is corrupted. Let thofe who bear thefe tidings not ftain their benignity, by mowing that that benignity has not yet become the inmate of their hearts. fkcerity. Nor is it lefs neceflary that they fhould be urged to tell the whole truth without difguife. No maxim can be more perni- cious than that which would teach us to confult the temper of the times, and to tell only fo much as we imagine our contem- poraries will be able to bear. This practice is at prefent almoft univerfal, and it is the mark of a very painful degree of depra- vity. We retail and mangle truth. We impart it to our fel- lows, not with the liberal meafure with which we have received it, but with fuch parfimony as our own miferable prudence may chance to prefcribe. We pretend that truths fit to be practifed in one country, nay, truths which we confefs to be eternally right, are not fit to be practifed in another.' That we may de- ceive others with a tranquil confeience, we begin with deceiving ourfelves. We put fhackles upon our minds, and dare not truft ourfelves at large in the purfuit of truth. This practice took its commencement from the machinations of party, and the defire of one wife and adventurous leader to carry a troop of weak, timid and felfifh fupporters in his train. There is no reafon why I mould not declare in any affembly upon the face of the earth that I am a republican. There is no more reafon why, being a republican under a monarchical government, I fhould enter into a defperate THE GENUINE SYSTEM OF PROPERTY. 88t adefperate faction to invade the public tranquillity, than if I book vr it. CHAiV viu; were monarchical under a republic. Every community of men, » v ~~ ^ as well as every individual, mud govern itfelf according to it:. ideas of juflice. What I fhould defire is, not by violence to change its inftitutions, but by reafon to change its ideas. I have no bufinefs with factions or intrigue ; but fimply to promulgate the truth, and to wait the tranquil progrefs of conviction. If there be any affembly that cannot bear this, of fuch an aiTembly I ought to be no member. It happens much oftener than we are willing to imagine, that " the poll of honour," or, which is better, the poll of utility, " is a private ftation *." The diflimdation here cenfured, befide its ill effects upon him Pernicious .. ill i« i .... n effects of dif- who pracufes it, and by degrading and unnerving his character fimulation in upon fociety at large, has a particular ill .eonfequence with refpect to the point we are confidering. It lays a mine, and prepares an explofion. This is the tendency of all unnatural restraint. Meanwhile the unfettered progrefs of truth is always falutary. Its advances are gradual, and each ftep prepares the general mind for that which is to follow. They are fudden and unprepared emanations of truth, that have the greateft tendency to deprive men of their fobriety and felf command. Referve in this refpect is calculated at once, to give a rugged and angry tone to the mul- titude whenever they fhall happen to difcover what is thus con- cealed., and to miflead the depofitaries of political power. It * AdJifon's Cato, Aft IV. 5 U fooths 88 2 OF THE MEANS OF INTRODUCING book vin. fooths them into falfe fecurity > and prompts them to maintain at* CHAP. VlIJ. inaufpicious obftinacy. 2. Of the rich Having confidered what it is that belongs in fuch a crifis t»- and great. the enlightened and wife, let us next turn our attention to a very- different clafs of fociety, the rich and great. And here in the Many of g r fl- place it may be remarked, that it is a very falfe calculation them may be *■ J * expeftedto ^at leads us univerfally to delbair of having thefe for the advo- be advocates J *■ ° ef equality. eateg Q £ e q Ua ]i t y # Mankind are not fo miferably felfifh, as; fatirifts and courtiers have fuppofed. We never engage in any action without enquiring what is the decifion of juftice refpedting it. "We are at all times anxious to fatisfy ourfelves that what our inclinations lead us to do, is innocent and right to be done. * Since therefore juftice occupies fo large a fhare in the contempla- tions of the human mind, it cannot reafonably be doubted that a ftrong and commanding view of juftice would prove a power- ful motive to influence our choice. But that virtue which for whatever reafon we have chofen, foon becomes recommended to us by a thoufand other reafons. We find in it reputation, eminence, felf complacence and the divine pleafures of an ap- proving mind. The rich and great are far from callous to views of general felicity, when fuch views are brought before them with that * Book II, Chap. Ill, p. 98. 6 evidence THE GENUINE SYSTEM OF PROPERTY. 8S3 evidence and attraction of which they are fufcentible. From bookviii. chap. vnr. one dreadful difadvanrage their minds are free. They have not been foured with unrelenting tyranny, or narrowed by the per- petual prefTure of diftrefs. They are peculiarly qualified to judge of the emptinefs of that pomp and thofe gratifications, which are always moll admired when they are feen from a diftance. They will frequently be found confiderably indifferent to thefe things, unlefs confirmed by habit and rendered inve- terate by age. If you fhow them the attractions of gallantry and magnanimity in refigning them, they will often be refigned without reluctance. Wherever accident of any fort has intro- duced an active mind, there enterprife is a necefiary confe- quence ; and there are few perfons fo inactive, as to fit down for ever in the fupine enjoyment of the indulgences to which they were born. The fame fpirit that has led forth the young nobility of fucceffive ages to encounter the hardfhips of a camp, might eafily be employed to render them champions of the caufe of equality: nor is it to be believed, that the circumftance of fuperior virtue and truth in this latter exertion, will be without its effect. But let us fuppofe a confiderable party of the rich and great conduft which their to be actuated by no view but to their emolument and eafe. It intereit as a body pre- is not difficult to fhow them, that their intereft in this fenfe will bribes. admit of no more than a temperate and yielding refiftance. Much no doubt of the future tranquillity or confufion of man-? 5 U 2 kind S8 4 OF THE MEANS OF INTRODUCING book vnr. kind depends upon the conduct of this party. To them I would CHAP. VIII. fay : " It is in vain for you to fight againft truth. It is like endeavouring with the human hand to flop the inroad of the ocean. Retire betimes. Seek your fafety in conceffion. If you will not go over to the flandard of political juftice, temporife at leaft with an enemy whom you cannot overcome^ Much, inexpreffibly much depends upon you. If you be wife, if you be prudent, if you would fecure at leaft your lives and your perfonal eafe amidft the general ihipwreck of monopoly and folly, you will be unwilling to irritate and defy. Unlefs by your rafhnefs, there will be no confufion, no murder, not a drop of blood will be fpilt, and you will yourfelves be made happy. If you brave the ftorm and call down every fpecies of odium on your heads, ftillitis poflible, ftill.it is to be hoped that the general tranquillity may be maintained. But, Ihould it prove otherwife, you will have principally to. anfwer for all the. confequences that fhall enfue.. "Above all, do not be lulled into a rafh and headlong- fecurity. We have already feen how much the hypocrify and inftability of the wife and enlightened of the prefent day, thole who c.onfefs much, and have a confufed view of ftill more, but dare not examine the whole with a fteady and unfhrinking eye,, are calculated to increafe this fecurity. But there is a danger, ftill more palpable. Do not be milled by the unthinking and^ iteming general cry of thofe who have, no fixed principles. I. Addrefles THE GENUINE SYSTEM OF PROPERTY. $s$ AddrefTes have been found in every age a very uncertain criterion book vnr. _ • ' _ chap. viir. of the future conduct of a people. Do not count upon the v v ' numerous train of your adherents, retainers and fervants. They afford a very feeble dependence. They are men, and cannot be dead to the interefts and claims of mankind. Some of them will adhere to you as long as a fordid intereft feems to draw them in that direction. But the moment yours mall appear to be the lofing caufe, the fame intereft will carry them over to the enemy's ftandard. They will difappear like the morning dew.. " May I not hope that you are capable of receiving impreflloa from another argument ? Will you feel no compunction at the thought of refilling the greateft of all benefits ? Are you content to be regarded by the moft enlightened of your con- temporaries, and to be handed down to the remoter! pofterity, as the obftinate adverfaries of philanthropy and juftice ? Can you reconcile it to your own minds, that, for a fordid intereft, for the caufe of general corruption and abufe, you fhould be found active in ftifling truth, and ftrangling the new born happinefs of mankind?" Would to God it were poffible to carry home this argument to the enlightened and accomplifhed advocates of ariftocracy ! Would to God. they could be perfuaded to confult neither paflion, nor prejudice, nor the flights of imagination, in deciding upon fo momentous a queftion ! " We know that truth, does not ftand in need of your alliance to fecure her triumph. Ws do not fear your enmity.. But our hearts bleed to fee fuch gallantry gg6 OF THE MEANS OF INTRODUCING ' bookvtti. gallantry fuch talents and fuch virtue enflaved to prejudice, and CHM\ VIII. ' enlifted in error. It is for your fakes that we expoftulate, and v_ for the honour of human nature." jh nf , tlie f To the general mafs of the adherents of the caufe of juftice it equality m ma y jjg p r0 p er t f av a f e w words. " If there be any force in Omnipotence the arguments of this work, thus much at leaft we are authorifed of toithi to deduce from them, that truth is irrefiftible. If man be en- dowed with a rational nature, then whatever is clearly demon- ftrated to his underftanding to have the moll powerful recom- mendations, fo long as that clearnefs is prefent to his mind, will inevitably engage his choice. It is to no purpofe to fay that mind is fluctuating and fickle ; for it is fo only in proportion as evi- dence is imperfect. Let the evidence be increafed, and the per- fuafion will be made firmer, and the choice more uniform. It is the nature of individual mind to be perpetually adding to the {lock of its ideas and knowledge. Similar to this is the nature of general mind, exclufively of cafualties which, arifing from a more comprehenfive order of things, appear to difturb the order of limited fyftems. This is confirmed to us, if a truth of this uni- verfal nature can derive confirmation from partial experiments, by the regular advances of the human mind from century to cen- tury, fince the invention of printing. Importance " Let then this axiom of the omnipotence of truth be the rud- of a mild and 1 i • t • • i i benevolent der of our undertakings. Let us not precipitately endeavour to proceeding. accomplifh that to-day, which the difTemination of truth will make THE GENUINE SYSTEM OF PROPERTY. tSy make unavoidable to-morrow. Let us not anxioufly watch for chap^ii occafions and events : the afcendancy of truth is independent of * "~"~ "" * events. Let us anxioufly refrain from violence : force is not conviction, and is extremely unworthy of the caufe of juftice. Let us admit into our bofoms neither contempt, animofity, re- fentment nor revenge. The caufe of juftice is the caufe of hu- manity. Its advocates mould overflow with univerfal good will. We fhould love this caufe, for it conduces to the general happi- nefs of mankind. We mould love it, for there is not a man that lives, who in the natural and tranquil progrefs of things will not be made happier by its approach. The moft powerful caufe by which it has been retarded, is the miflake of its adherents, the air of ruggednefs, brutiftmefs and inflexibility which they have given to that which in itfelf is all benignity. Nothing lefs tharr this could have prevented the great mafs of enquirers from be- llowing upon it a patient examination. Be it the care of the now increafing advocates of equality to remove this obftacle to the fuccefs of their caufe. We have but two plain duties, which, if we fet out right, it is not eafy to miflake. The firft is an un- wearied attention to the great inftrument of juftice, reafon. We muft divulge our fentiments with the utmoft franknefs. We muft endeavour to imprefs them upon the minds of others. In this attempt we muft give way to no difcouragement. We muft fharpen our intellectual weapons ; add ts the flock of our know- ledge ; be pervaded with a fenfe of the magnitude of our caufe j and perpetually increafe that calm prefence of mind and felf pof- fefllon SSS OF THE MEANS OF INTRODUCING book: viit. feflion which muft enable us to do juftice to our principles. Our CHAP. VIII. * „ ' fecond duty is tranquillity. Connexion It will not be right to pafs over a queftion that will inevitably between li- berty and fuggeft itfelf to the mind of the reader. * c If an equalifation of equality. property be to take place, not by law, regulation or public inftitu- tion,butonly through the private conviction of individuals, in what manner mail it begin?" Inanfwering this queftion it is not necefTary to prove fo fimple a propofition, as that all republicanifm, all equal- ifation of ranks and immunities, ftrongly tends towards an equal- ifation of property. Thus, in Sparta this laft principle was com- pletely admitted. In Athens the public largefles were fo great as ahnoft to exempt the citizens from manual labour j and the rich and eminent only purchafed a toleration for their advantages, by the liberal manner in which they opened their ftores to the pub- lic. In Rome, agrarian laws, a wretched and ill chofen fubftitutc for equality, but which grew out of the fame fpirit, were perpe- tually agitated. If men go on to increafe in difcernment, and this they certainly will with peculiar rapidity, when the ill-conr ftru&ed governments which now retard their progrefs are re- moved, the fame arguments which fhowed them the injuftice of ranks, will fhow them the injuftice of one man's wanting that, which while it is in the poffeffion of another, conduces in no lefpecl: to his well being, Caufeof It is a common error to imagine, that this injuftice will be felt Quality will only THE GENUINE SYSTEM OF PROPERTY. 889 only by the lower orders who fuffer from it : and hence it would book viii chap, viii, appear that it can only be corrected by violence. But in anfwer ' ' perpetually to this it may in the firft place be obferved that all fuffer from it, advance, the rich who engrofs, as well as the poor who want. Secondly, it has been clearly fhown in the courfe of the prefent work, that men are not fo entirely governed by felf intereft as has frequently been fuppofed. It has been fhown, if poflible, flill more clearly, that the felfifh are not governed folely by fenfual grati- fication or the love of gain, but that the defire of eminence and- diftinction is in different degrees an univerfal paffion. Thirdly and principally, the progrefs of truth is the moft powerful of all caufes. Nothing can be more abfurd than to imagine that theory, in the beft fenfe of the word, is "not effentially connected with practice. That which we can be perfuaded clearly and diftinclly to approve, will inevitably modify our conducts Mind is not an aggregate of various faculties contending with each other for the maftery, but on the contrary the will is in all cafes correfpondent to the laft judgment of the underftanding. When men fhall diflin&ly and habitually perceive the folly of luxury, and when, their neighbours are impreffed with a fimilar difdain, it will be impoflible that they fhould purfue the means of it with: the fame avidity as before. It will not be difficult perhaps to trace, in the progrefs of Symptom* of its pro-- jnodern Europe from barbarifm to refinement, a tendency grefs.. towards the equalifatioa of property. In the feudal times, as 5 X- nowr 890 . OF THE MEANS OF INTRODUCING book vii r. now in India and other parts of the world, men were born to CHAP. VIII. a certain ftation, and it was nearly impoffible for a peafant to rife to the rank of a noble. Except the nobles there were no men that were rich ; for commerce, either external or internal, had fcarcely an exiftence. Commerce was one engine for throwing down this feemingly impregnable barrier, and fhocking the pre- judices of nobles, who were fufficiently willing to believe that their retainers were a different fpecies of beings from themfelves. Learning was another, and more powerful engine. In. all ages of the church we fee men of the bafeft origin rifing to the highefl eminence. Commerce proved that others could rife to wealth befide thofe who were cafed in mail ; but learning proved that the low-born were capable of furpaffing their lords. The pro- greffive effect of thefe ideas may eafily be traced by the attentive obferver. Long after learning began to unfold its powers, its votaries Hill fubmitted to thofe obfequious manners and fervile dedications, which no man reviews at the prefent day without aftonifhment. It is but lately that men have known that in- tellectual excellence can accomplifh its purpofes without a patron. At prefent, among the civilifed and well informed a man of flender wealth, but of great intellectual powers and a .firm and virtuous mind, is conftantly received with attention and deference ; and his purfe-proud neighbour who " fhould attempt to treat him fupercilioufly, is fure to be difcountenanced in his ufurpation. The inhabitants of diftant villages, where Jong eftablifhed prejudices are flowly deftroyed, would be aftonifhed THE GENUINE SYSTEM OF PROPERTY. 891 aftonifhed to fee how comparatively fmall a lljare wealth has In book ynr. v* in xi -L • v ill* determining the degree of attention with which men are treated * * ' in enlightened circles. Thefe no doubt are but flight indications. It is with morality idea of Its in this refpecT: as it is with politics. The progrefs is at firft fo flow as for the mofl part to elude the obfervation of mankind j nor can it indeed be adequately perceived but by the contempla- tion and comparifon of events during a confiderable portion of time. After a certain interval, the fcene is more fully unfolded, and the advances appear more rapid and decifive. While wealth- was every thing, it was to be expe&ed that men would acquire it, though at the expence of character and integrity. Abfolute and univerfal truth had not yet mown itfelf fo decidedly, as to be able to enter the lifts with what dazzled the eye or gratified the fenfe. In proportion as the monopolies of ranks and com- panies are abolifhed, the value of fuperfluities will not fail to decline. In proportion as republicanifm gains ground, men will come to be eftimated for what they are, not for what force has given, and force may take away. Let us reflect for a moment on the gradual confequences of this revolution of opinion. Liberality of dealing will be among its earlieft refults, and of confequence accumulation will become lefs frequent and lefs enormous. Men will not be difpofed, as now, to take advantage of each other's diftreffes, and to demand 5X2.- a price..' 592 OF THE MEANS OF INTRODUCING book viti. a price for their aid, not meafured by a general ftandard, but CHAP. VJ1I. -»,.., « \ ' hy the wants or an individual. They will not confider how much they can extort, but how much it is reafonable to require. The mafter tradefman who employs labourers under him,, will be difpofed to give a more ample reward to their induftry ; which he is at prefent enabled to tax chiefly by the neutral circumftance of having provided a capital. Liberality on the part of his employer will complete in the mind of the artifan, what ideas of political juftice will probably have begun. He will no longer fpend the little furplus of his earnings in that diflipation, which is at prefent one of the principal caufes that fubject him to the arbitrary pleafure of a fuperior. He will efcape from the irrefolution of flavery and the fetters of defpair, and perceive that independence and eafe are fcarcely lefs within his reach than that of any other member of the community. This is a natural ftep towards the ftill farther progreffion, in which the labourer will receive entire whatever the confumer may be required to pay, without having a middle man, an idle and ufelefs monopolifer, as he will then be found, to fatten upon his fpoils. The fame fentiments that lead to liberality of dealing, will alfo lead to liberality of diftribution. The trader, who is un- willing to grow rich by extorting from his employer or his workmen, will alfo refufe to become rich by the not inferior injuftice of withholding from his poor neighbour the fupply he wants. THE GENUINE SYSTEM OF PROPERTY. S 95 ■wants. The habit which was created in the former cafe of book: vnr. being contented with moderate gains, is elofely connected with *■ J ' the habit of being contented with {lender accumulation. He that is not anxious to add to his heap, will not be reluctant by a benevolent diftribution to prevent its increafe. Wealth was once almoft the fingle object of purfuit that prefented itfelf to the grofs and uncultivated mind. Various objects will hereafter divide men's attention, the love of liberty, the love of equality* the purfuits of art and the defire of knowledge. Thefe objects will not, as now, be confined to a few, but will gradually be laid open to all. The love of liberty obvioufly leads to the love of man : the fentiment of benevolence will be increafed, and the narrownefs of the felfifh affections will decline. The general difFufion of truth will be produ&ive of general improvement ; and men will daily approximate towards thofe views according to which every object will be appreciated at its true value. Add to which, that the improvement of which we fpeak is general, not individual. The progrefs is the progrefs of all. Each man will find his fentiments of juftice and rectitude echoed, encouraged and ftrengthened by the fentiments of his neigh* bours. Apoftacy will be made eminently improbable, becaufe the apoftate will incur, not only his own cenfure, but the' cenfure of every beholder. One remark will fuggeft itfelf upon thefe confiderations. " If Conclufion* a the OF THE MEANS OF INTRODUCING book vtii. the inevitable progrefs of improvement infenfibly lead towards chap. vnr. . r o i / an equalifation of property/ what need ' was there of propofing it as a fpecific object to men's confideration ?" The anfwer to this objection is eafy. The improvement in queftion confifls in a knowledge of truth. But our knowledge will be very im- perfect fo long as this great branch of univerfal juftice fails to con- stitute a part of it. All truth is ufeful ; can this truth, which is perhaps more fundamental than any, be without its benefits ? Whatever be the object towards which mind fpontaneoufly ad- vances, it is of no mean importance to us to have a diftinct view of that object. Our advances will thus become accelerated. It is a. well known principle of morality, that he who propofes perfection. to himfelf, though he will inevitably fall fhort of what he. purfues, will make a more rapid progrefs, than he who is. contented to aim only at what is imperfect. The benefits to be derived in the interval from a view of equalifation, as one of the great objects towards which we are tending, are ex- ceedingly confpicuous. Such a view will ftrongly conduce to make us difinterefted now.. It will teach us to look with contempt upon mercantile fpeculations, commercial profperity, and the cares of gain. It will imprefs us with a juft apprehenfion of what it is of which man is capable and in which his per- fection confifts ; and will fix our ambition and activity upon the worthiefl objects. Mind cannot arrive at any great and illuftrious attainment, however much the nature of mind may carry •THE GENUINE SYSTEM OF PROPERTY. . 895 carry us towards it, without feeling fome prefaces of its ap- bookviil proach ; and it is reafonable to believe that, the earlier thefe » ^— r* prefages are introduced, and the more diftin£t they are made, the more aufpicious will be the event. F I N -I S. ERRATA. VOL. I. Fage 131, line 15, — after "quantity of wrong," read " and to invent a fpecies of cor- poral punifhment or reflraint," P. 181, note, 1. ult., — -for " of former times" read " of the ancient model." P. 182, — read the Jide note "from the unity of truth" as belonging to the top of the page, P. 182, 1. 3 from the bottom, — -for "purfue" read " prefs." , 1. 2 from the bottom, — -for " over whom he prefided" read " among whom he refided." P. 185, 186, 187, 188, 189, running title,— -for "OF OBEDIENCE" read "OF FORMS OF GOVERNMENT." P. 260, fide note, — read "juftice." P. 324, 1. 4, — read " automation." P. 330, fide note,— -for " Rapidity" read " rapidity." P. 362, 1. 15, — for "exceptions" read "exception." v oi^ 11. P. 403, fide note,— for " Difiike" read " diflikc." P. 427, fide note, — for "defire" read "defire's." P. 47 r, 1. 4, for " no reflexion" read " to reflexion." P. 503, note, 1. ult., — for "volume" read "work." P. 511, 1. 5 from the bottom,— -for " tranfaftion" read " tranfaftions" P. 551, 1. 3 from the ho^onx,— for " underftandit ;" read 11 underlb.nj it," P. 564, note,— for "Book IV, Chap. VII" read " Book IV, Chap. VI." P. 645, fide no\t,— for " of libel :">^5^.,. « a - ' - - - ~ A - ~ " j» -, ^ * " H" ^ f* r- r r* ^ r- " - ' a /** ' ~ r ~ ■ ■■ '■Aa~>V rr' v** t >,A,rO^^, - \ ^ ^.r .a'/-\ a ^ _ /^ ^\ _ > AT' A w =-r "- a rrCO 'A/v^-C^ /V/^'V- -/-■- _'-'-:^>-"-%.^^ '~'" "' °-- ? AA^AA?A A ^^« ■ W \„. ^AA* r ^ ■M^^y^^ _ A . /* A A /S A » A '/^V » ' . - -» r- r .-. 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