Rights of Man
Preface to the English Edition
18th-century English
From the part Mr. Burke took in the American Revolution, it was natural that I should consider him a friend to mankind; and as our acquaintance commenced on that ground, it would have been more agreeable to me to have had cause to continue in that opinion than to change it.
At the time Mr. Burke made his violent speech last winter in the English Parliament against the French Revolution and the National Assembly, I was in Paris, and had written to him but a short time before to inform him how prosperously matters were going on. Soon after this I saw his advertisement of the Pamphlet he intended to publish: As the attack was to be made in a language but little studied, and less understood in France, and as everything suffers by translation, I promised some of the friends of the Revolution in that country that whenever Mr. Burke's Pamphlet came forth, I would answer it. This appeared to me the more necessary to be done, when I saw the flagrant misrepresentations which Mr. Burke's Pamphlet contains; and that while it is an outrageous abuse on the French Revolution, and the principles of Liberty, it is an imposition on the rest of the world.
I am the more astonished and disappointed at this conduct in Mr. Burke, as (from the circumstances I am going to mention) I had formed other expectations.
I had seen enough of the miseries of war, to wish it might never more have existence in the world, and that some other mode might be found out to settle the differences that should occasionally arise in the neighbourhood of nations. This certainly might be done if Courts were disposed to set honesty about it, or if countries were enlightened enough not to be made the dupes of Courts. The people of America had been bred up in the same prejudices against France, which at that time characterised the people of England; but experience and an acquaintance with the French Nation have most effectually shown to the Americans the falsehood of those prejudices; and I do not believe that a more cordial and confidential intercourse exists between any two countries than between America and France.
When I came to France, in the spring of 1787, the Archbishop of Thoulouse was then Minister, and at that time highly esteemed. I became much acquainted with the private Secretary of that Minister, a man of an enlarged benevolent heart; and found that his sentiments and my own perfectly agreed with respect to the madness of war, and the wretched impolicy of two nations, like England and France, continually worrying each other, to no other end than that of a mutual increase of burdens and taxes. That I might be assured I had not misunderstood him, nor he me, I put the substance of our opinions into writing and sent it to him; subjoining a request, that if I should see among the people of England, any disposition to cultivate a better understanding between the two nations than had hitherto prevailed, how far I might be authorised to say that the same disposition prevailed on the part of France? He answered me by letter in the most unreserved manner, and that not for himself only, but for the Minister, with whose knowledge the letter was declared to be written.
I put this letter into the hands of Mr. Burke almost three years ago, and left it with him, where it still remains; hoping, and at the same time naturally expecting, from the opinion I had conceived of him, that he would find some opportunity of making good use of it, for the purpose of removing those errors and prejudices which two neighbouring nations, from the want of knowing each other, had entertained, to the injury of both.
When the French Revolution broke out, it certainly afforded to Mr. Burke an opportunity of doing some good, had he been disposed to it; instead of which, no sooner did he see the old prejudices wearing away, than he immediately began sowing the seeds of a new inveteracy, as if he were afraid that England and France would cease to be enemies. That there are men in all countries who get their living by war, and by keeping up the quarrels of Nations, is as shocking as it is true; but when those who are concerned in the government of a country, make it their study to sow discord and cultivate prejudices between Nations, it becomes the more unpardonable.
With respect to a paragraph in this work alluding to Mr. Burke's having a pension, the report has been some time in circulation, at least two months; and as a person is often the last to hear what concerns him the most to know, I have mentioned it, that Mr. Burke may have an opportunity of contradicting the rumour, if he thinks proper.
Thomas Paine
English
Because Mr. Burke supported the American Revolution, I naturally thought he was a friend of humanity. That was how we came to know each other. I would have preferred to have reason to keep thinking so, rather than change my mind.
Last winter, Mr. Burke made a fierce speech in the English Parliament against the French Revolution and the National Assembly. I was in Paris at the time. Not long before, I had written to tell him how well things were going. Soon afterward, I saw his advertisement for the pamphlet he planned to publish. His attack would be in a language that few people in France studied and fewer understood. And translation always loses something. So I promised some friends of the Revolution there that I would answer Mr. Burke's pamphlet when it appeared. When I saw the blatant distortions it contained, an answer seemed even more necessary. The pamphlet viciously attacks the French Revolution and the principles of liberty, and it misleads the rest of the world.
Mr. Burke's conduct surprises and disappoints me all the more because the circumstances I am about to describe had led me to expect something different from him.
I had seen enough of the misery caused by war to wish it would disappear from the world forever. I hoped nations could find another way to settle their occasional disputes. They certainly could, if courts of government would deal honestly, or if countries knew enough not to let those courts fool them. Americans had grown up with the same prejudices against France that the English had at the time. But experience and contact with the French nation have shown Americans how false those prejudices were. I doubt any two countries now have a warmer or more trusting relationship than America and France.
When I arrived in France in the spring of 1787, the Archbishop of Thoulouse was the minister and was highly regarded. I came to know his private secretary well. He was a generous man with a broad outlook. We agreed completely about the madness of war and the terrible folly of two nations like England and France constantly fighting. The only result was more burdens and taxes for both. To make sure neither of us had misunderstood the other, I wrote down the substance of our views and sent it to him. I added a question: if I found people in England willing to build a better understanding between the two nations than they had enjoyed before, could I say that France felt the same way, and how firmly? He answered openly in a letter. He spoke not only for himself but for the minister, who, he said, knew he was writing it.
Almost three years ago I gave this letter to Mr. Burke. I left it with him, and he still has it. Given my opinion of him, I hoped and naturally expected he would find a way to use it well. It could help remove the mistaken beliefs and prejudices that two neighboring nations had developed because they did not know each other, to the harm of both.
The French Revolution certainly gave Mr. Burke a chance to do some good, if he had wanted to. Instead, the moment he saw old prejudices fading, he began planting new hostility. It was as though he feared England and France might stop being enemies. It is shocking but true that some people in every country make their living from war and from keeping nations at odds. But when people involved in governing a country deliberately create conflict and encourage prejudice between nations, it is even harder to forgive.
One paragraph in this work refers to a report that Mr. Burke has a pension. That report has been circulating for some time, at least two months. People are often the last to hear what they most need to know about themselves. I mention the report so Mr. Burke can deny the rumor if he wishes.
Thomas Paine
Part I, 1
18th-century English
Among the incivilities by which nations or individuals provoke and irritate each other, Mr. Burke's pamphlet on the French Revolution is an extraordinary instance. Neither the People of France, nor the National Assembly, were troubling themselves about the affairs of England, or the English Parliament; and that Mr. Burke should commence an unprovoked attack upon them, both in Parliament and in public, is a conduct that cannot be pardoned on the score of manners, nor justified on that of policy.
There is scarcely an epithet of abuse to be found in the English language, with which Mr. Burke has not loaded the French Nation and the National Assembly. Everything which rancour, prejudice, ignorance or knowledge could suggest, is poured forth in the copious fury of near four hundred pages. In the strain and on the plan Mr. Burke was writing, he might have written on to as many thousands. When the tongue or the pen is let loose in a frenzy of passion, it is the man, and not the subject, that becomes exhausted.
Hitherto Mr. Burke has been mistaken and disappointed in the opinions he had formed of the affairs of France; but such is the ingenuity of his hope, or the malignancy of his despair, that it furnishes him with new pretences to go on. There was a time when it was impossible to make Mr. Burke believe there would be any Revolution in France. His opinion then was, that the French had neither spirit to undertake it nor fortitude to support it; and now that there is one, he seeks an escape by condemning it.
Not sufficiently content with abusing the National Assembly, a great part of his work is taken up with abusing Dr. Price (one of the best-hearted men that lives) and the two societies in England known by the name of the Revolution Society and the Society for Constitutional Information.
Dr. Price had preached a sermon on the 4th of November, 1789, being the anniversary of what is called in England the Revolution, which took place 1688. Mr. Burke, speaking of this sermon, says: "The political Divine proceeds dogmatically to assert, that by the principles of the Revolution, the people of England have acquired three fundamental rights:
1 To choose our own governors.
2 To cashier them for misconduct.
3 To frame a government for ourselves."
Dr. Price does not say that the right to do these things exists in this or in that person, or in this or in that description of persons, but that it exists in the whole; that it is a right resident in the nation. Mr. Burke, on the contrary, denies that such a right exists in the nation, either in whole or in part, or that it exists anywhere; and, what is still more strange and marvellous, he says: "that the people of England utterly disclaim such a right, and that they will resist the practical assertion of it with their lives and fortunes." That men should take up arms and spend their lives and fortunes, not to maintain their rights, but to maintain they have not rights, is an entirely new species of discovery, and suited to the paradoxical genius of Mr. Burke.
The method which Mr. Burke takes to prove that the people of England have no such rights, and that such rights do not now exist in the nation, either in whole or in part, or anywhere at all, is of the same marvellous and monstrous kind with what he has already said; for his arguments are that the persons, or the generation of persons, in whom they did exist, are dead, and with them the right is dead also. To prove this, he quotes a declaration made by Parliament about a hundred years ago, to William and Mary, in these words: "The Lords Spiritual and Temporal, and Commons, do, in the name of the people aforesaid" (meaning the people of England then living) "most humbly and faithfully submit themselves, their heirs and posterities, for Ever." He quotes a clause of another Act of Parliament made in the same reign, the terms of which he says, "bind us" (meaning the people of their day), "our heirs and our posterity, to them, their heirs and posterity, to the end of time."
Mr. Burke conceives his point sufficiently established by producing those clauses, which he enforces by saying that they exclude the right of the nation for ever. And not yet content with making such declarations, repeated over and over again, he farther says, "that if the people of England possessed such a right before the Revolution" (which he acknowledges to have been the case, not only in England, but throughout Europe, at an early period), "yet that the English Nation did, at the time of the Revolution, most solemnly renounce and abdicate it, for themselves, and for all their posterity, for ever."
As Mr. Burke occasionally applies the poison drawn from his horrid principles, not only to the English nation, but to the French Revolution and the National Assembly, and charges that august, illuminated and illuminating body of men with the epithet of usurpers, I shall, sans ceremonie, place another system of principles in opposition to his.
The English Parliament of 1688 did a certain thing, which, for themselves and their constituents, they had a right to do, and which it appeared right should be done. But, in addition to this right, which they possessed by delegation, they set up another right by assumption, that of binding and controlling posterity to the end of time. The case, therefore, divides itself into two parts; the right which they possessed by delegation, and the right which they set up by assumption. The first is admitted; but with respect to the second, I reply: There never did, there never will, and there never can, exist a Parliament, or any description of men, or any generation of men, in any country, possessed of the right or the power of binding and controlling posterity to the "end of time," or of commanding for ever how the world shall be governed, or who shall govern it; and therefore all such clauses, acts or declarations by which the makers of them attempt to do what they have neither the right nor the power to do, nor the power to execute, are in themselves null and void. Every age and generation must be as free to act for itself in all cases as the age and generations which preceded it. The vanity and presumption of governing beyond the grave is the most ridiculous and insolent of all tyrannies. Man has no property in man; neither has any generation a property in the generations which are to follow. The Parliament or the people of 1688, or of any other period, had no more right to dispose of the people of the present day, or to bind or to control them in any shape whatever, than the parliament or the people of the present day have to dispose of, bind or control those who are to live a hundred or a thousand years hence. Every generation is, and must be, competent to all the purposes which its occasions require. It is the living, and not the dead, that are to be accommodated. When man ceases to be, his power and his wants cease with him; and having no longer any participation in the concerns of this world, he has no longer any authority in directing who shall be its governors, or how its government shall be organised, or how administered.
I am not contending for nor against any form of government, nor for nor against any party, here or elsewhere. That which a whole nation chooses to do it has a right to do. Mr. Burke says, No. Where, then, does the right exist? I am contending for the rights of the living, and against their being willed away and controlled and contracted for by the manuscript assumed authority of the dead, and Mr. Burke is contending for the authority of the dead over the rights and freedom of the living. There was a time when kings disposed of their crowns by will upon their death-beds, and consigned the people, like beasts of the field, to whatever successor they appointed. This is now so exploded as scarcely to be remembered, and so monstrous as hardly to be believed. But the Parliamentary clauses upon which Mr. Burke builds his political church are of the same nature.
The laws of every country must be analogous to some common principle. In England no parent or master, nor all the authority of Parliament, omnipotent as it has called itself, can bind or control the personal freedom even of an individual beyond the age of twenty-one years. On what ground of right, then, could the Parliament of 1688, or any other Parliament, bind all posterity for ever?
Those who have quitted the world, and those who have not yet arrived at it, are as remote from each other as the utmost stretch of mortal imagination can conceive. What possible obligation, then, can exist between them—what rule or principle can be laid down that of two nonentities, the one out of existence and the other not in, and who never can meet in this world, the one should control the other to the end of time?
In England it is said that money cannot be taken out of the pockets of the people without their consent. But who authorised, or who could authorise, the Parliament of 1688 to control and take away the freedom of posterity (who were not in existence to give or to withhold their consent) and limit and confine their right of acting in certain cases for ever?
A greater absurdity cannot present itself to the understanding of man than what Mr. Burke offers to his readers. He tells them, and he tells the world to come, that a certain body of men who existed a hundred years ago made a law, and that there does not exist in the nation, nor ever will, nor ever can, a power to alter it. Under how many subtilties or absurdities has the divine right to govern been imposed on the credulity of mankind? Mr. Burke has discovered a new one, and he has shortened his journey to Rome by appealing to the power of this infallible Parliament of former days, and he produces what it has done as of divine authority, for that power must certainly be more than human which no human power to the end of time can alter.
But Mr. Burke has done some service—not to his cause, but to his country—by bringing those clauses into public view. They serve to demonstrate how necessary it is at all times to watch against the attempted encroachment of power, and to prevent its running to excess. It is somewhat extraordinary that the offence for which James II. was expelled, that of setting up power by assumption, should be re-acted, under another shape and form, by the Parliament that expelled him. It shows that the Rights of Man were but imperfectly understood at the Revolution, for certain it is that the right which that Parliament set up by assumption (for by the delegation it had not, and could not have it, because none could give it) over the persons and freedom of posterity for ever was of the same tyrannical unfounded kind which James attempted to set up over the Parliament and the nation, and for which he was expelled. The only difference is (for in principle they differ not) that the one was an usurper over living, and the other over the unborn; and as the one has no better authority to stand upon than the other, both of them must be equally null and void, and of no effect.
From what, or from whence, does Mr. Burke prove the right of any human power to bind posterity for ever? He has produced his clauses, but he must produce also his proofs that such a right existed, and show how it existed. If it ever existed it must now exist, for whatever appertains to the nature of man cannot be annihilated by man. It is the nature of man to die, and he will continue to die as long as he continues to be born. But Mr. Burke has set up a sort of political Adam, in whom all posterity are bound for ever. He must, therefore, prove that his Adam possessed such a power, or such a right.
The weaker any cord is, the less will it bear to be stretched, and the worse is the policy to stretch it, unless it is intended to break it. Had anyone proposed the overthrow of Mr. Burke's positions, he would have proceeded as Mr. Burke has done. He would have magnified the authorities, on purpose to have called the right of them into question; and the instant the question of right was started, the authorities must have been given up.
It requires but a very small glance of thought to perceive that although laws made in one generation often continue in force through succeeding generations, yet they continue to derive their force from the consent of the living. A law not repealed continues in force, not because it cannot be repealed, but because it is not repealed; and the non-repealing passes for consent.
But Mr. Burke's clauses have not even this qualification in their favour. They become null, by attempting to become immortal. The nature of them precludes consent. They destroy the right which they might have, by grounding it on a right which they cannot have. Immortal power is not a human right, and therefore cannot be a right of Parliament. The Parliament of 1688 might as well have passed an act to have authorised themselves to live for ever, as to make their authority live for ever. All, therefore, that can be said of those clauses is that they are a formality of words, of as much import as if those who used them had addressed a congratulation to themselves, and in the oriental style of antiquity had said: O Parliament, live for ever!
The circumstances of the world are continually changing, and the opinions of men change also; and as government is for the living, and not for the dead, it is the living only that has any right in it. That which may be thought right and found convenient in one age may be thought wrong and found inconvenient in another. In such cases, who is to decide, the living or the dead?
As almost one hundred pages of Mr. Burke's book are employed upon these clauses, it will consequently follow that if the clauses themselves, so far as they set up an assumed usurped dominion over posterity for ever, are unauthoritative, and in their nature null and void; that all his voluminous inferences, and declamation drawn therefrom, or founded thereon, are null and void also; and on this ground I rest the matter.
We now come more particularly to the affairs of France. Mr. Burke's book has the appearance of being written as instruction to the French nation; but if I may permit myself the use of an extravagant metaphor, suited to the extravagance of the case, it is darkness attempting to illuminate light.
English
Mr. Burke's pamphlet about the French Revolution is an extraordinary example of how nations and individuals insult and provoke each other. Neither the people of France nor the National Assembly was interfering in England's affairs or those of the English Parliament. Mr. Burke attacked them without provocation, in Parliament and before the public. No standard of courtesy excuses this behavior, and no political argument justifies it.
Mr. Burke has hurled almost every insult in the English language at the French nation and the National Assembly. Across nearly four hundred furious pages, he pours out everything that resentment, prejudice, ignorance, or even knowledge could suggest. Given his approach and tone, he could have filled thousands of pages. When someone lets his tongue or pen run wild with anger, it is the person who finally runs out of energy, not the subject.
So far Mr. Burke's predictions about France have proved wrong and disappointed him. But whether his hope is resourceful or his despair malicious, he keeps finding new excuses to attack. Once, no one could persuade him that France would have a revolution. He thought the French lacked both the spirit to begin one and the courage to sustain one. Now that a revolution exists, he tries to escape his mistake by condemning it.
He is not satisfied with attacking the National Assembly. Much of his book also attacks Dr. Price, one of the kindest men alive, and two English groups: the Revolution Society and the Society for Constitutional Information.
Dr. Price preached a sermon on the 4th of November, 1789. It was the anniversary of the event that took place in 1688 and is called the Revolution in England. Discussing the sermon, Mr. Burke says: "This political clergyman firmly claims that the principles of the Revolution gave the people of England three basic rights:
1 To choose our own governors.
2 To dismiss them for misconduct.
3 To establish a government for ourselves."
Dr. Price does not say that these rights belong to any particular person or group of people. He says they belong to the whole nation. Mr. Burke, by contrast, denies that the nation has these rights, whether as a whole or in part. He denies that they exist anywhere. Stranger still, he says "the people of England completely reject such a right and will resist any attempt to exercise it with their lives and fortunes." People taking up arms and spending their lives and fortunes to prove they have no rights, rather than defend their rights, would be an entirely new discovery. It fits Mr. Burke's taste for paradox.
Mr. Burke's way of arguing that these rights no longer belong to the English people, either collectively or individually, is as astonishing and absurd as his claim. He says that the people who held the rights are dead, so the rights died with them. As proof, he quotes a declaration Parliament made to William and Mary about a hundred years ago: "The Lords Spiritual and Temporal, and Commons, in the name of the people already mentioned" (meaning the English people then alive) "humbly and faithfully submit themselves, their heirs, and their descendants, forever." He also quotes a provision of another parliamentary act from the same reign. Its words, he says, "bind us" (meaning the people alive at that time), "our heirs and our descendants to them, their heirs and descendants, until the end of time."
Mr. Burke thinks these provisions settle his case. He insists they take away the nation's rights forever. Still not content with repeating this claim, he goes further. He says "even if the people of England had such a right before the Revolution"—and he admits that they did, in England and throughout Europe at an early period—"the English nation most solemnly surrendered and renounced it at the time of the Revolution, for themselves and all their descendants, forever."
Mr. Burke draws on these terrible principles to attack not just England's rights but the French Revolution and the National Assembly. He calls that distinguished body, whose members are enlightened and spread enlightenment, a group of usurpers. I will answer him frankly with a different set of principles.
The English Parliament of 1688 took an action it had the right to take for itself and for the people it represented. That action seemed right. But beyond the right delegated to it, Parliament claimed another right on its own authority: the right to bind and control every future generation until the end of time. We must separate the two claims. I accept the delegated right, but answer the other as follows: No Parliament, group of people, or generation in any country has ever had, will ever have, or could ever have the right or power to bind and control future generations until the "end of time." None can dictate forever how the world will be governed or who will govern it. Any provisions, acts, or declarations that try to do this are invalid. Their makers have neither the right nor the power to make or enforce such commands. Every age and generation must be as free to act for itself in every matter as earlier generations were. Trying to govern from the grave is the most ridiculous and arrogant kind of tyranny. No person owns another person, and no generation owns those that follow it. The Parliament and people of 1688, or of any other period, had no more right to decide the fate of people living now, or bind or control them in any way, than we have to bind or control people who will live a hundred or a thousand years from now. Every generation can meet the needs of its own time and must be allowed to do so. Government must serve the living, not the dead. When someone dies, that person's needs and power end too. No longer involved in this world's affairs, the dead have no authority to decide who governs it or how its government is organized or run.
I am not arguing for or against any form of government or any party, here or anywhere else. A whole nation has the right to do what it chooses. Mr. Burke says it does not. Where, then, does that right belong? I defend the rights of living people against having their freedom given away, controlled, and signed away by the dead on the strength of documents whose authority the dead simply claimed. Mr. Burke defends the dead's power over the rights and freedom of the living. Kings once left their crowns to successors in their wills on their deathbeds, handing over their people like farm animals. The practice has so completely disappeared that it is almost forgotten, and it is so outrageous that it is hard to believe. But the parliamentary provisions on which Mr. Burke builds his political faith are the same kind of thing.
A country's laws must follow some consistent principle. In England, neither a parent nor a master can bind or control even one person's freedom past the age of twenty-one years. Not even Parliament, though it has called itself all-powerful, can do so. How, then, could the Parliament of 1688, or any Parliament, have the right to bind every future generation forever?
Those who have died and those who have not yet been born are as far apart as we can imagine. How could one have any obligation to the other? What rule or principle could allow two groups that do not exist at the same time, and can never meet in this world, to be linked so that the first controls the second until the end of time?
People in England say money cannot be taken from them without their consent. But who authorized, or could have authorized, the Parliament of 1688 to take away the freedom of future generations? Those people did not yet exist and could neither give nor refuse consent. How could Parliament permanently limit their freedom to act in certain matters?
Mr. Burke offers his readers an absurdity greater than anyone could imagine. He tells them, and everyone who comes after them, that a group of men a hundred years ago made a law that no one in the nation has the power to change, or ever will, or ever can. How many tricks and absurdities have been used to persuade people of a divine right to govern? Mr. Burke has found a new one. By appealing to the power of a supposedly infallible Parliament in the past, he has brought himself closer to Rome. He treats what it did as if it had divine authority. A power no human being could alter until the end of time would indeed have to be more than human.
Still, Mr. Burke has done his country a service, though not his cause, by drawing attention to those provisions. They show why we must always watch for attempts to seize more power and stop power from going too far. James II. was expelled for claiming powers he had not been given. Remarkably, the Parliament that expelled him did the same thing in a different form. It shows that the Rights of Man were not fully understood at the Revolution. Parliament claimed power over the persons and freedom of all future generations forever. No one had delegated that power to it, and no one could have. Its claim was just as tyrannical and baseless as the power James tried to claim over Parliament and the nation, for which he was expelled. The only difference in principle is none at all: one tried to rule over living people, the other over people not yet born. Neither claim has better authority than the other. Both must be equally invalid and without effect.
What evidence does Mr. Burke give that any human authority can bind future generations forever? He has quoted the provisions, but he must also prove that the right behind them existed and explain how. If it ever existed, it must exist now. Human beings cannot destroy something that belongs to human nature. Human beings die, and they will keep dying as long as they keep being born. But Mr. Burke has invented a kind of political Adam whose actions bind every descendant forever. He must prove that this Adam had such a power or right.
The weaker a cord is, the less stretching it can stand. Stretching it is bad policy unless you mean to break it. Someone trying to overthrow Mr. Burke's position would have used his own method. They would have exaggerated these old authorities precisely to raise the question of whether the authorities had any right to act. As soon as that question was raised, their claims would have to be abandoned.
It takes very little thought to see that laws made by one generation often remain in force for later generations, but their continuing force comes from the consent of the living. An unrepealed law remains in force not because repeal is impossible, but because no one has repealed it. Not repealing it counts as consent.
Mr. Burke's provisions do not even meet that condition. They make themselves invalid by trying to last forever. Their very nature prevents consent. By resting their claim on a right they cannot possess, they destroy any legitimate authority they might have had. Immortal power is not a human right, so it cannot be a right of Parliament. The Parliament of 1688 might as well have passed a law allowing its members to live forever as one making its authority live forever. Those provisions amount to empty formal words. Their effect is no greater than if Parliament had congratulated itself in the old Eastern style: O Parliament, live forever!
The world's circumstances are constantly changing, and people's views change too. Government exists for the living, not the dead, so only the living have a right to decide its course. What seems right and useful in one age may seem wrong and harmful in another. When that happens, who gets to decide: the living or the dead?
Almost one hundred pages of Mr. Burke's book deal with these provisions. If the provisions have no authority and are invalid wherever they claim an unauthorized power over future generations forever, then every long argument and passionate speech he bases on them is invalid too. On that basis, I consider the question settled.
Now let us turn more closely to France. Mr. Burke's book looks like an attempt to teach the French nation. To use an exaggerated image that fits this exaggerated situation, it is darkness trying to enlighten light.
Part I, 2
18th-century English
While I am writing this there are accidentally before me some proposals for a declaration of rights by the Marquis de la Fayette (I ask his pardon for using his former address, and do it only for distinction's sake) to the National Assembly, on the 11th of July, 1789, three days before the taking of the Bastille, and I cannot but remark with astonishment how opposite the sources are from which that gentleman and Mr. Burke draw their principles. Instead of referring to musty records and mouldy parchments to prove that the rights of the living are lost, "renounced and abdicated for ever," by those who are now no more, as Mr. Burke has done, M. de la Fayette applies to the living world, and emphatically says: "Call to mind the sentiments which nature has engraved on the heart of every citizen, and which take a new force when they are solemnly recognised by all:—For a nation to love liberty, it is sufficient that she knows it; and to be free, it is sufficient that she wills it." How dry, barren, and obscure is the source from which Mr. Burke labors! and how ineffectual, though gay with flowers, are all his declamation and his arguments compared with these clear, concise, and soul-animating sentiments! Few and short as they are, they lead on to a vast field of generous and manly thinking, and do not finish, like Mr. Burke's periods, with music in the ear, and nothing in the heart.
As I have introduced M. de la Fayette, I will take the liberty of adding an anecdote respecting his farewell address to the Congress of America in 1783, and which occurred fresh to my mind, when I saw Mr. Burke's thundering attack on the French Revolution. M. de la Fayette went to America at the early period of the war, and continued a volunteer in her service to the end. His conduct through the whole of that enterprise is one of the most extraordinary that is to be found in the history of a young man, scarcely twenty years of age. Situated in a country that was like the lap of sensual pleasure, and with the means of enjoying it, how few are there to be found who would exchange such a scene for the woods and wildernesses of America, and pass the flowery years of youth in unprofitable danger and hardship! but such is the fact. When the war ended, and he was on the point of taking his final departure, he presented himself to Congress, and contemplating in his affectionate farewell the Revolution he had seen, expressed himself in these words: "May this great monument raised to liberty serve as a lesson to the oppressor, and an example to the oppressed!" When this address came to the hands of Dr. Franklin, who was then in France, he applied to Count Vergennes to have it inserted in the French Gazette, but never could obtain his consent. The fact was that Count Vergennes was an aristocratical despot at home, and dreaded the example of the American Revolution in France, as certain other persons now dread the example of the French Revolution in England, and Mr. Burke's tribute of fear (for in this light his book must be considered) runs parallel with Count Vergennes' refusal. But to return more particularly to his work.
"We have seen," says Mr. Burke, "the French rebel against a mild and lawful monarch, with more fury, outrage, and insult, than any people has been known to rise against the most illegal usurper, or the most sanguinary tyrant." This is one among a thousand other instances, in which Mr. Burke shows that he is ignorant of the springs and principles of the French Revolution.
It was not against Louis XVI. but against the despotic principles of the Government, that the nation revolted. These principles had not their origin in him, but in the original establishment, many centuries back: and they were become too deeply rooted to be removed, and the Augean stables of parasites and plunderers too abominably filthy to be cleansed by anything short of a complete and universal Revolution. When it becomes necessary to do anything, the whole heart and soul should go into the measure, or not attempt it. That crisis was then arrived, and there remained no choice but to act with determined vigor, or not to act at all. The king was known to be the friend of the nation, and this circumstance was favorable to the enterprise. Perhaps no man bred up in the style of an absolute king, ever possessed a heart so little disposed to the exercise of that species of power as the present King of France. But the principles of the Government itself still remained the same. The Monarch and the Monarchy were distinct and separate things; and it was against the established despotism of the latter, and not against the person or principles of the former, that the revolt commenced, and the Revolution has been carried.
Mr. Burke does not attend to the distinction between men and principles, and, therefore, he does not see that a revolt may take place against the despotism of the latter, while there lies no charge of despotism against the former.
The natural moderation of Louis XVI. contributed nothing to alter the hereditary despotism of the monarchy. All the tyrannies of former reigns, acted under that hereditary despotism, were still liable to be revived in the hands of a successor. It was not the respite of a reign that would satisfy France, enlightened as she was then become. A casual discontinuance of the practice of despotism, is not a discontinuance of its principles: the former depends on the virtue of the individual who is in immediate possession of the power; the latter, on the virtue and fortitude of the nation. In the case of Charles I. and James II. of England, the revolt was against the personal despotism of the men; whereas in France, it was against the hereditary despotism of the established Government. But men who can consign over the rights of posterity for ever on the authority of a mouldy parchment, like Mr. Burke, are not qualified to judge of this Revolution. It takes in a field too vast for their views to explore, and proceeds with a mightiness of reason they cannot keep pace with.
But there are many points of view in which this Revolution may be considered. When despotism has established itself for ages in a country, as in France, it is not in the person of the king only that it resides. It has the appearance of being so in show, and in nominal authority; but it is not so in practice and in fact. It has its standard everywhere. Every office and department has its despotism, founded upon custom and usage. Every place has its Bastille, and every Bastille its despot. The original hereditary despotism resident in the person of the king, divides and sub-divides itself into a thousand shapes and forms, till at last the whole of it is acted by deputation. This was the case in France; and against this species of despotism, proceeding on through an endless labyrinth of office till the source of it is scarcely perceptible, there is no mode of redress. It strengthens itself by assuming the appearance of duty, and tyrannizes under the pretence of obeying.
When a man reflects on the condition which France was in from the nature of her government, he will see other causes for revolt than those which immediately connect themselves with the person or character of Louis XVI. There were, if I may so express it, a thousand despotisms to be reformed in France, which had grown up under the hereditary despotism of the monarchy, and became so rooted as to be in a great measure independent of it. Between the Monarchy, the Parliament, and the Church there was a rivalship of despotism; besides the feudal despotism operating locally, and the ministerial despotism operating everywhere. But Mr. Burke, by considering the king as the only possible object of a revolt, speaks as if France was a village, in which everything that passed must be known to its commanding officer, and no oppression could be acted but what he could immediately control. Mr. Burke might have been in the Bastille his whole life, as well under Louis XVI. as Louis XIV., and neither the one nor the other have known that such a man as Burke existed. The despotic principles of the government were the same in both reigns, though the dispositions of the men were as remote as tyranny and benevolence.
What Mr. Burke considers as a reproach to the French Revolution (that of bringing it forward under a reign more mild than the preceding ones) is one of its highest honors. The Revolutions that have taken place in other European countries, have been excited by personal hatred. The rage was against the man, and he became the victim. But, in the instance of France we see a Revolution generated in the rational contemplation of the Rights of Man, and distinguishing from the beginning between persons and principles.
But Mr. Burke appears to have no idea of principles when he is contemplating Governments. "Ten years ago," says he, "I could have felicitated France on her having a Government, without inquiring what the nature of that Government was, or how it was administered." Is this the language of a rational man? Is it the language of a heart feeling as it ought to feel for the rights and happiness of the human race? On this ground, Mr. Burke must compliment all the Governments in the world, while the victims who suffer under them, whether sold into slavery, or tortured out of existence, are wholly forgotten. It is power, and not principles, that Mr. Burke venerates; and under this abominable depravity he is disqualified to judge between them. Thus much for his opinion as to the occasions of the French Revolution. I now proceed to other considerations.
I know a place in America called Point-no-Point, because as you proceed along the shore, gay and flowery as Mr. Burke's language, it continually recedes and presents itself at a distance before you; but when you have got as far as you can go, there is no point at all. Just thus it is with Mr. Burke's three hundred and sixty-six pages. It is therefore difficult to reply to him. But as the points he wishes to establish may be inferred from what he abuses, it is in his paradoxes that we must look for his arguments.
As to the tragic paintings by which Mr. Burke has outraged his own imagination, and seeks to work upon that of his readers, they are very well calculated for theatrical representation, where facts are manufactured for the sake of show, and accommodated to produce, through the weakness of sympathy, a weeping effect. But Mr. Burke should recollect that he is writing history, and not plays, and that his readers will expect truth, and not the spouting rant of high-toned exclamation.
When we see a man dramatically lamenting in a publication intended to be believed that "The age of chivalry is gone! that The glory of Europe is extinguished for ever! that The unbought grace of life (if anyone knows what it is), the cheap defence of nations, the nurse of manly sentiment and heroic enterprise is gone!" and all this because the Quixot age of chivalry nonsense is gone, what opinion can we form of his judgment, or what regard can we pay to his facts? In the rhapsody of his imagination he has discovered a world of wind mills, and his sorrows are that there are no Quixots to attack them. But if the age of aristocracy, like that of chivalry, should fall (and they had originally some connection) Mr. Burke, the trumpeter of the Order, may continue his parody to the end, and finish with exclaiming: "Othello's occupation's gone!"
Notwithstanding Mr. Burke's horrid paintings, when the French Revolution is compared with the Revolutions of other countries, the astonishment will be that it is marked with so few sacrifices; but this astonishment will cease when we reflect that principles, and not persons, were the meditated objects of destruction. The mind of the nation was acted upon by a higher stimulus than what the consideration of persons could inspire, and sought a higher conquest than could be produced by the downfall of an enemy. Among the few who fell there do not appear to be any that were intentionally singled out. They all of them had their fate in the circumstances of the moment, and were not pursued with that long, cold-blooded unabated revenge which pursued the unfortunate Scotch in the affair of 1745.
Through the whole of Mr. Burke's book I do not observe that the Bastille is mentioned more than once, and that with a kind of implication as if he were sorry it was pulled down, and wished it were built up again. "We have rebuilt Newgate," says he, "and tenanted the mansion; and we have prisons almost as strong as the Bastille for those who dare to libel the queens of France."*2 As to what a madman like the person called Lord George Gordon might say, and to whom Newgate is rather a bedlam than a prison, it is unworthy a rational consideration. It was a madman that libelled, and that is sufficient apology; and it afforded an opportunity for confining him, which was the thing that was wished for. But certain it is that Mr. Burke, who does not call himself a madman (whatever other people may do), has libelled in the most unprovoked manner, and in the grossest style of the most vulgar abuse, the whole representative authority of France, and yet Mr. Burke takes his seat in the British House of Commons! From his violence and his grief, his silence on some points and his excess on others, it is difficult not to believe that Mr. Burke is sorry, extremely sorry, that arbitrary power, the power of the Pope and the Bastille, are pulled down.
Not one glance of compassion, not one commiserating reflection that I can find throughout his book, has he bestowed on those who lingered out the most wretched of lives, a life without hope in the most miserable of prisons. It is painful to behold a man employing his talents to corrupt himself. Nature has been kinder to Mr. Burke than he is to her. He is not affected by the reality of distress touching his heart, but by the showy resemblance of it striking his imagination. He pities the plumage, but forgets the dying bird. Accustomed to kiss the aristocratical hand that hath purloined him from himself, he degenerates into a composition of art, and the genuine soul of nature forsakes him. His hero or his heroine must be a tragedy-victim expiring in show, and not the real prisoner of misery, sliding into death in the silence of a dungeon.
As Mr. Burke has passed over the whole transaction of the Bastille (and his silence is nothing in his favour), and has entertained his readers with refections on supposed facts distorted into real falsehoods, I will give, since he has not, some account of the circumstances which preceded that transaction. They will serve to show that less mischief could scarcely have accompanied such an event when considered with the treacherous and hostile aggravations of the enemies of the Revolution.
English
As I write, I happen to have before me some proposals that the Marquis de la Fayette made to the National Assembly for a declaration of rights. I apologize for using his former title; I use it only to make clear whom I mean. He presented them on the 11th of July, 1789, three days before the Bastille was taken. It is striking how different the sources are from which he and Mr. Burke draw their principles. Mr. Burke uses old records and decaying documents to argue that dead people "surrendered and renounced forever" the rights of the living. M. de la Fayette instead appeals to people alive today. He says clearly: "Remember the feelings nature has put in every citizen's heart. They grow stronger when everyone openly acknowledges them. A nation needs only to know liberty to love it, and needs only to will it to be free." Mr. Burke's source is dry, barren, and unclear. His speeches and arguments may be decorated with flowers, but how weak they are beside these clear, brief words that stir the spirit! Though few and short, they open a wide field of generous and courageous thought. Mr. Burke's sentences end with pleasant sounds in the ear and nothing in the heart.
Since I have mentioned M. de la Fayette, I will tell a story about his farewell address to the Congress of America in 1783. It came to mind when I read Mr. Burke's fierce attack on the French Revolution. M. de la Fayette went to America early in the war and volunteered in its service until the end. His conduct throughout that effort is among the most remarkable things in the history of a young man barely twenty years old. He lived in a country full of pleasures and had the means to enjoy them. How few people would trade that life for America's forests and wilderness, and spend their best youthful years in danger and hardship without personal gain! Yet that is what he did. When the war was over and he was about to leave for good, he appeared before Congress. In his warm farewell he looked back on the Revolution he had witnessed and said: "May this great monument to liberty teach the oppressor a lesson and give the oppressed an example!" When Dr. Franklin, then in France, received this address, he asked Count Vergennes to print it in the French Gazette. He could never get his consent. In fact, Count Vergennes was an aristocratic despot at home and feared that France would follow America's revolutionary example. Some people now fear that England will follow France's example. Mr. Burke's book is a tribute paid by fear, just as Count Vergennes' refusal was. But let us return to the book itself.
Mr. Burke says: "We have seen the French rebel against a mild and lawful monarch with more fury, violence, and insults than any people has shown when rising against the most unlawful usurper or the bloodiest tyrant." This is one of a thousand examples showing that Mr. Burke does not understand the causes or principles of the French Revolution.
The nation did not revolt against Louis XVI. It revolted against the government's despotic principles. Those principles did not begin with him. They went back to the government's original foundation many centuries earlier. By then they were too deeply rooted to pull out. The Augean stables of hangers-on and thieves were too filthy to clean without a complete revolution throughout the country. When an action becomes necessary, people must commit heart and soul to it or not attempt it. That moment had come. The only choice was to act with determination or not at all. People knew the king was a friend to the nation, and this helped their undertaking. Perhaps no one raised to be an absolute king has ever been so reluctant to exercise absolute power as the present King of France. But the government's principles remained unchanged. The monarch as a person was different from the monarchy as an institution. The revolt began and the Revolution continued against the established despotism of the monarchy, not against the king's person or his beliefs.
Mr. Burke misses the distinction between people and principles. So he cannot see how a people might revolt against despotic principles without accusing the person who rules of being a despot.
Louis XVI.'s natural moderation did nothing to change the monarchy's inherited despotism. A successor could revive all the acts of tyranny that earlier rulers had committed under that system. France had become too enlightened to be satisfied with a break from despotism lasting only one reign. When despotic practices happen to stop for a while, that does not mean despotic principles have ended. The first depends on the character of the current ruler; the second depends on the character and courage of the nation. In England, the revolts against Charles I. and James II. were against those men's personal despotism. In France, the revolt was against the established government's inherited despotism. Men like Mr. Burke, who use an old document to give away the rights of future generations forever, cannot judge this Revolution. Its scope is too broad for their outlook, and its reasoning moves with a power they cannot follow.
We can look at this Revolution in many ways. When despotism has ruled a country for centuries, as it had in France, it does not reside in the king alone. It may appear to, in its outward form and its official title, but in practice it does not. It raises its flag everywhere. Custom and habit give every office and department its own despotism. Every place has its Bastille and every Bastille its despot. The inherited despotism centered on the king divides into a thousand forms until officials exercise all of it on his behalf. That was France's situation. This kind of despotism runs through an endless maze of offices, so that its source is barely visible and there is no way to obtain redress. It makes itself stronger by looking like duty, and rules tyrannically while pretending merely to follow orders.
When we think about France's condition under its government, we can see reasons for revolt besides anything involving Louis XVI.'s person or character. France had, so to speak, a thousand kinds of despotism to reform. They grew under the monarchy's inherited despotism and became so firmly rooted that they were largely independent of it. The monarchy, the Parliament, and the Church competed in despotism. Feudal despotism operated locally, while the ministers' despotism operated everywhere. Mr. Burke imagines the king as the only possible target of a revolt. He talks as if France were a village where the commanding officer knew everything that happened and could immediately stop every abuse. Mr. Burke could have spent his whole life in the Bastille under Louis XVI. or Louis XIV. without either king even knowing a man named Burke existed. The government's despotic principles were the same in both reigns, though the two men's characters differed as much as tyranny and kindness.
Mr. Burke criticizes the French Revolution for beginning under a milder reign than earlier ones. That is actually one of its greatest honors. Revolutions in other European countries were driven by hatred of individuals. Anger focused on the man, who then became the victim. In France we see a Revolution born from thoughtful consideration of the Rights of Man. From the start it distinguished people from principles.
Yet when Mr. Burke considers governments, he seems not to think about principles at all. "Ten years ago," he says, "I could have congratulated France on having a government without asking what kind it was or how it was run." Would a reasonable person speak like this? Would someone who cared properly about the rights and happiness of humanity? By this rule, Mr. Burke must congratulate every government in the world while forgetting its victims, whether they are sold into slavery or tortured to death. He respects power, not principles. This shameful corruption makes him unable to judge between them. So much for his view of what caused the French Revolution. I turn now to other questions.
There is a place in America called Point-no-Point. As you travel along its shore, which is bright and flowery like Mr. Burke's language, the point keeps seeming to move farther away. When you reach the farthest place you can go, there is no point at all. Mr. Burke's three hundred and sixty-six pages are just like that, so they are hard to answer. But we can work out what he wants to prove from what he attacks. We must look for his arguments among his paradoxes.
Mr. Burke's tragic pictures have inflamed his own imagination, and he hopes to stir his readers' feelings with them. They would work well on a stage, where people invent events for spectacle and arrange them to make an easily moved audience cry. But Mr. Burke should remember that he is writing history, not plays. Readers expect truth, not shouted and grandiose theatrical speeches.
He dramatically mourns in a book meant to be believed: "The age of chivalry is gone! The glory of Europe is extinguished forever! The unbought grace of life"—if anyone knows what that means—"the cheap defense of nations, the source of manly feeling and heroic action is gone!" He says all this because the foolish age of chivalry, like Don Quixote's, is over. What can we think of his judgment or his account of the facts? In his wild imagination he has found a world full of windmills. He grieves because there are no Don Quixotes left to attack them. If the age of aristocracy falls like the age of chivalry—and the two were once connected—Mr. Burke, its official trumpeter, can carry on his parody to the end and cry: "Othello has lost his occupation!"
Despite Mr. Burke's horrifying pictures, what is surprising about the French Revolution, compared with revolutions elsewhere, is how few lives it has cost. The surprise disappears when we remember that its intended targets were principles, not people. The nation was moved by something greater than concern with individual people and sought a victory greater than an enemy's downfall. The few who died do not seem to have been deliberately singled out. They met their fate in the circumstances of the moment. No one hunted them down with the long, cold, relentless revenge visited on the unfortunate Scots after the events of 1745.
As far as I can see, Mr. Burke mentions the Bastille only once in his entire book. Even there he almost seems sorry it was torn down and would like it rebuilt. "We have rebuilt Newgate," he says, "and filled the place with occupants; and we have prisons almost as strong as the Bastille for those who dare to slander the queens of France."*2 We need not seriously consider what someone like Lord George Gordon, a madman, might say. For him Newgate is more an asylum than a prison. A madman was the one who made the slanderous remark; his madness is excuse enough. It also offered a chance to confine him, which was what people wanted. But Mr. Burke, who does not call himself a madman, whatever others may call him, has attacked the entire representative authority of France without provocation. He has done so with the crudest and coarsest abuse. Yet Mr. Burke keeps his seat in the British House of Commons! His anger and grief, his silence on some matters and excess on others, make it hard not to believe that he is very sorry arbitrary power, the Pope's power, and the Bastille have been brought down.
I cannot find a single compassionate thought in his book for people who spent miserable lives without hope in that dreadful prison. It hurts to see someone use his talents to corrupt himself. Nature has treated Mr. Burke more kindly than he treats nature. Real suffering does not touch his heart, but a flashy imitation of suffering catches his imagination. He feels sorry for the feathers and forgets the dying bird. He is used to kissing the aristocratic hand that stole his own freedom. He has become artificial, and his natural human feeling has left him. His hero or heroine must die theatrically on display, rather than be a real prisoner who quietly dies of misery in a dungeon.
Mr. Burke skips the whole story of the Bastille, and his silence does him no credit. Instead, he gives his readers thoughts about supposed events that he distorts into outright falsehoods. Since he has not done so, I will explain some of the circumstances that led to the attack. They will show that, given the treacherous and hostile actions of the Revolution's enemies, such an event could hardly have caused less harm.
Part I, 3
18th-century English
The mind can hardly picture to itself a more tremendous scene than what the city of Paris exhibited at the time of taking the Bastille, and for two days before and after, nor perceive the possibility of its quieting so soon. At a distance this transaction has appeared only as an act of heroism standing on itself, and the close political connection it had with the Revolution is lost in the brilliancy of the achievement. But we are to consider it as the strength of the parties brought man to man, and contending for the issue. The Bastille was to be either the prize or the prison of the assailants. The downfall of it included the idea of the downfall of despotism, and this compounded image was become as figuratively united as Bunyan's Doubting Castle and Giant Despair.
The National Assembly, before and at the time of taking the Bastille, was sitting at Versailles, twelve miles distant from Paris. About a week before the rising of the Partisans, and their taking the Bastille, it was discovered that a plot was forming, at the head of which was the Count D'Artois, the king's youngest brother, for demolishing the National Assembly, seizing its members, and thereby crushing, by a coup de main, all hopes and prospects of forming a free government. For the sake of humanity, as well as freedom, it is well this plan did not succeed. Examples are not wanting to show how dreadfully vindictive and cruel are all old governments, when they are successful against what they call a revolt.
This plan must have been some time in contemplation; because, in order to carry it into execution, it was necessary to collect a large military force round Paris, and cut off the communication between that city and the National Assembly at Versailles. The troops destined for this service were chiefly the foreign troops in the pay of France, and who, for this particular purpose, were drawn from the distant provinces where they were then stationed. When they were collected to the amount of between twenty-five and thirty thousand, it was judged time to put the plan into execution. The ministry who were then in office, and who were friendly to the Revolution, were instantly dismissed and a new ministry formed of those who had concerted the project, among whom was Count de Broglio, and to his share was given the command of those troops. The character of this man as described to me in a letter which I communicated to Mr. Burke before he began to write his book, and from an authority which Mr. Burke well knows was good, was that of "a high-flying aristocrat, cool, and capable of every mischief."
While these matters were agitating, the National Assembly stood in the most perilous and critical situation that a body of men can be supposed to act in. They were the devoted victims, and they knew it. They had the hearts and wishes of their country on their side, but military authority they had none. The guards of Broglio surrounded the hall where the Assembly sat, ready, at the word of command, to seize their persons, as had been done the year before to the Parliament of Paris. Had the National Assembly deserted their trust, or had they exhibited signs of weakness or fear, their enemies had been encouraged and their country depressed. When the situation they stood in, the cause they were engaged in, and the crisis then ready to burst, which should determine their personal and political fate and that of their country, and probably of Europe, are taken into one view, none but a heart callous with prejudice or corrupted by dependence can avoid interesting itself in their success.
The Archbishop of Vienne was at this time President of the National Assembly—a person too old to undergo the scene that a few days or a few hours might bring forth. A man of more activity and bolder fortitude was necessary, and the National Assembly chose (under the form of a Vice-President, for the Presidency still resided in the Archbishop) M. de la Fayette; and this is the only instance of a Vice-President being chosen. It was at the moment that this storm was pending (July 11th) that a declaration of rights was brought forward by M. de la Fayette, and is the same which is alluded to earlier. It was hastily drawn up, and makes only a part of the more extensive declaration of rights agreed upon and adopted afterwards by the National Assembly. The particular reason for bringing it forward at this moment (M. de la Fayette has since informed me) was that, if the National Assembly should fall in the threatened destruction that then surrounded it, some trace of its principles might have the chance of surviving the wreck.
Everything now was drawing to a crisis. The event was freedom or slavery. On one side, an army of nearly thirty thousand men; on the other, an unarmed body of citizens—for the citizens of Paris, on whom the National Assembly must then immediately depend, were as unarmed and as undisciplined as the citizens of London are now. The French guards had given strong symptoms of their being attached to the national cause; but their numbers were small, not a tenth part of the force that Broglio commanded, and their officers were in the interest of Broglio.
Matters being now ripe for execution, the new ministry made their appearance in office. The reader will carry in his mind that the Bastille was taken the 14th July; the point of time I am now speaking of is the 12th. Immediately on the news of the change of ministry reaching Paris, in the afternoon, all the playhouses and places of entertainment, shops and houses, were shut up. The change of ministry was considered as the prelude of hostilities, and the opinion was rightly founded.
The foreign troops began to advance towards the city. The Prince de Lambesc, who commanded a body of German cavalry, approached by the Place of Louis Xv., which connects itself with some of the streets. In his march, he insulted and struck an old man with a sword. The French are remarkable for their respect to old age; and the insolence with which it appeared to be done, uniting with the general fermentation they were in, produced a powerful effect, and a cry of "To arms! to arms!" spread itself in a moment over the city.
Arms they had none, nor scarcely anyone who knew the use of them; but desperate resolution, when every hope is at stake, supplies, for a while, the want of arms. Near where the Prince de Lambesc was drawn up, were large piles of stones collected for building the new bridge, and with these the people attacked the cavalry. A party of French guards upon hearing the firing, rushed from their quarters and joined the people; and night coming on, the cavalry retreated.
The streets of Paris, being narrow, are favourable for defence, and the loftiness of the houses, consisting of many stories, from which great annoyance might be given, secured them against nocturnal enterprises; and the night was spent in providing themselves with every sort of weapon they could make or procure: guns, swords, blacksmiths' hammers, carpenters' axes, iron crows, pikes, halberts, pitchforks, spits, clubs, etc., etc. The incredible numbers in which they assembled the next morning, and the still more incredible resolution they exhibited, embarrassed and astonished their enemies. Little did the new ministry expect such a salute. Accustomed to slavery themselves, they had no idea that liberty was capable of such inspiration, or that a body of unarmed citizens would dare to face the military force of thirty thousand men. Every moment of this day was employed in collecting arms, concerting plans, and arranging themselves into the best order which such an instantaneous movement could afford. Broglio continued lying round the city, but made no further advances this day, and the succeeding night passed with as much tranquility as such a scene could possibly produce.
But defence only was not the object of the citizens. They had a cause at stake, on which depended their freedom or their slavery. They every moment expected an attack, or to hear of one made on the National Assembly; and in such a situation, the most prompt measures are sometimes the best. The object that now presented itself was the Bastille; and the eclat of carrying such a fortress in the face of such an army, could not fail to strike terror into the new ministry, who had scarcely yet had time to meet. By some intercepted correspondence this morning, it was discovered that the Mayor of Paris, M. Defflesselles, who appeared to be in the interest of the citizens, was betraying them; and from this discovery, there remained no doubt that Broglio would reinforce the Bastille the ensuing evening. It was therefore necessary to attack it that day; but before this could be done, it was first necessary to procure a better supply of arms than they were then possessed of.
There was, adjoining to the city a large magazine of arms deposited at the Hospital of the Invalids, which the citizens summoned to surrender; and as the place was neither defensible, nor attempted much defence, they soon succeeded. Thus supplied, they marched to attack the Bastille; a vast mixed multitude of all ages, and of all degrees, armed with all sorts of weapons. Imagination would fail in describing to itself the appearance of such a procession, and of the anxiety of the events which a few hours or a few minutes might produce. What plans the ministry were forming, were as unknown to the people within the city, as what the citizens were doing was unknown to the ministry; and what movements Broglio might make for the support or relief of the place, were to the citizens equally as unknown. All was mystery and hazard.
That the Bastille was attacked with an enthusiasm of heroism, such only as the highest animation of liberty could inspire, and carried in the space of a few hours, is an event which the world is fully possessed of. I am not undertaking the detail of the attack, but bringing into view the conspiracy against the nation which provoked it, and which fell with the Bastille. The prison to which the new ministry were dooming the National Assembly, in addition to its being the high altar and castle of despotism, became the proper object to begin with. This enterprise broke up the new ministry, who began now to fly from the ruin they had prepared for others. The troops of Broglio dispersed, and himself fled also.
Mr. Burke has spoken a great deal about plots, but he has never once spoken of this plot against the National Assembly, and the liberties of the nation; and that he might not, he has passed over all the circumstances that might throw it in his way. The exiles who have fled from France, whose case he so much interests himself in, and from whom he has had his lesson, fled in consequence of the miscarriage of this plot. No plot was formed against them; they were plotting against others; and those who fell, met, not unjustly, the punishment they were preparing to execute. But will Mr. Burke say that if this plot, contrived with the subtilty of an ambuscade, had succeeded, the successful party would have restrained their wrath so soon? Let the history of all governments answer the question.
Whom has the National Assembly brought to the scaffold? None. They were themselves the devoted victims of this plot, and they have not retaliated; why, then, are they charged with revenge they have not acted? In the tremendous breaking forth of a whole people, in which all degrees, tempers and characters are confounded, delivering themselves, by a miracle of exertion, from the destruction meditated against them, is it to be expected that nothing will happen? When men are sore with the sense of oppressions, and menaced with the prospects of new ones, is the calmness of philosophy or the palsy of insensibility to be looked for? Mr. Burke exclaims against outrage; yet the greatest is that which himself has committed. His book is a volume of outrage, not apologised for by the impulse of a moment, but cherished through a space of ten months; yet Mr. Burke had no provocation—no life, no interest, at stake.
More of the citizens fell in this struggle than of their opponents: but four or five persons were seized by the populace, and instantly put to death; the Governor of the Bastille, and the Mayor of Paris, who was detected in the act of betraying them; and afterwards Foulon, one of the new ministry, and Berthier, his son-in-law, who had accepted the office of intendant of Paris. Their heads were stuck upon spikes, and carried about the city; and it is upon this mode of punishment that Mr. Burke builds a great part of his tragic scene. Let us therefore examine how men came by the idea of punishing in this manner.
They learn it from the governments they live under; and retaliate the punishments they have been accustomed to behold. The heads stuck upon spikes, which remained for years upon Temple Bar, differed nothing in the horror of the scene from those carried about upon spikes at Paris; yet this was done by the English Government. It may perhaps be said that it signifies nothing to a man what is done to him after he is dead; but it signifies much to the living; it either tortures their feelings or hardens their hearts, and in either case it instructs them how to punish when power falls into their hands.
"Cover"
THE WRITINGS OF THOMAS PAINE
VOLUME II.
Lay then the axe to the root, and teach governments humanity. It is their sanguinary punishments which corrupt mankind. In England the punishment in certain cases is by hanging, drawing and quartering; the heart of the sufferer is cut out and held up to the view of the populace. In France, under the former Government, the punishments were not less barbarous. Who does not remember the execution of Damien, torn to pieces by horses? The effect of those cruel spectacles exhibited to the populace is to destroy tenderness or excite revenge; and by the base and false idea of governing men by terror, instead of reason, they become precedents. It is over the lowest class of mankind that government by terror is intended to operate, and it is on them that it operates to the worst effect. They have sense enough to feel they are the objects aimed at; and they inflict in their turn the examples of terror they have been instructed to practise.
English
It is hard to imagine a more frightening scene than Paris during the taking of the Bastille and the two days before and after it. It is just as hard to imagine how the city settled down so quickly. From a distance, the taking of the Bastille looks like a heroic act standing alone. Its close political connection with the Revolution gets lost in the brilliance of the achievement. But we must see it as the moment when the opposing sides met face-to-face and fought to decide the outcome. The Bastille would either be a prize for its attackers or a prison for them. Its fall also meant the fall of despotism. The two images had become as closely joined as Doubting Castle and Giant Despair in Bunyan's story.
Before and during the taking of the Bastille, the National Assembly was meeting at Versailles, twelve miles from Paris. About a week before its supporters rose and took the Bastille, people discovered a plot led by the king's youngest brother, the Count D'Artois. The plotters intended to destroy the National Assembly and seize its members. With one sudden attack they would crush every hope of creating a free government. It was good for both humanity and freedom that this plan failed. History offers plenty of examples of how cruel and vengeful old governments are when they defeat what they call a revolt.
The plot must have been under consideration for some time. Carrying it out required a large military force around Paris and a break in communications between the city and the National Assembly at Versailles. Most of the troops selected were foreign soldiers paid by France. They were brought in especially for this purpose from the distant provinces where they were stationed. When between twenty-five and thirty thousand had gathered, the plotters decided it was time to act. The ministers then in office, who supported the Revolution, were immediately dismissed. A new ministry was formed from the men who planned the attack. Count de Broglio was among them, and he was given command of the troops. Before Mr. Burke started his book, I showed him a letter describing Broglio. It came from a source he knows was trustworthy and called Broglio "an extreme aristocrat, calm, and capable of any wrongdoing."
While all this was going on, the National Assembly faced an extremely dangerous and critical situation. Its members knew they were the intended victims. Their country supported them in feeling and in wishes, but they had no military authority. Broglio's guards surrounded their meeting hall, ready to arrest them on command, as the Parliament of Paris had been arrested the year before. If the Assembly had abandoned its duty or shown weakness or fear, its enemies would have gained confidence and the country would have lost heart. Consider their situation, their cause, and the crisis about to break. It would decide their personal and political fate, their country's fate, and probably Europe's. Only a person numbed by prejudice or corrupted by dependence could fail to care whether they succeeded.
The Archbishop of Vienne was then President of the National Assembly. He was too old to face what the next few days or even hours might bring. The Assembly needed someone more active and courageous. It chose M. de la Fayette as Vice-President, while the Archbishop remained President. This was the only time a Vice-President was chosen. On July 11th, as the crisis approached, M. de la Fayette proposed a declaration of rights. It is the same proposal I mentioned earlier. Drafted quickly, it formed only part of the fuller declaration of rights the National Assembly later agreed on and adopted. M. de la Fayette has since told me why he presented it then. If the Assembly was destroyed as threatened, he wanted at least some record of its principles to have a chance of surviving.
Everything was nearing a decisive moment. The outcome would be freedom or slavery. On one side stood an army of nearly thirty thousand men. On the other stood unarmed citizens. The citizens of Paris, on whom the National Assembly now had to rely, were as unarmed and untrained as the citizens of London are now. The French guards showed strong signs that they supported the national cause. But there were few of them, less than a tenth of Broglio's force, and their officers supported him.
With preparations complete, the new ministers took office. Remember that the Bastille was taken on the 14th July; the moment I am describing is the 12th. News of the ministerial change reached Paris that afternoon. Immediately the theaters, other places of entertainment, shops, and houses all closed. People saw the change as the start of hostilities, and they were right.
Foreign troops began moving toward the city. The Prince de Lambesc commanded a group of German cavalry and approached through the Place of Louis Xv., which connects to several streets. Along the way he insulted an old man and struck him with his sword. The French are known for respecting the elderly. This arrogant act, together with the public's already intense feelings, had a powerful effect. A cry of "To arms! To arms!" instantly spread across the city.
The citizens had no weapons, and hardly any of them knew how to use weapons. But when everything is at stake, desperate determination can make up for that lack for a while. Large piles of stones for building the new bridge lay near where the Prince de Lambesc had stationed his men. People attacked the cavalry with the stones. Some French guards heard the gunfire, rushed out of their quarters, and joined the people. As night fell, the cavalry withdrew.
Paris's narrow streets were easy to defend. Its tall houses had many floors from which defenders could attack, making a night assault difficult. The people spent the night gathering every kind of weapon they could make or find: guns, swords, blacksmiths' hammers, carpenters' axes, iron crowbars, pikes, halberds, pitchforks, roasting spits, clubs, etc., etc. The enormous crowd that gathered the next morning, and its even more astonishing determination, confused and stunned its enemies. The new ministers had hardly expected such a greeting. Used to slavery themselves, they had no idea that freedom could inspire people like this. They never thought unarmed citizens would dare face a force of thirty thousand soldiers. The citizens spent every moment of the day collecting weapons, making plans, and organizing themselves as well as they could in so sudden a movement. Broglio stayed around the city but did not advance any farther that day. The following night passed as quietly as such circumstances allowed.
But the citizens wanted more than defense. Their freedom or slavery depended on the outcome. They expected an attack at any moment, either against themselves or against the National Assembly. In such a situation, acting quickly is sometimes best. The Bastille now became their target. Taking such a fortress with an army standing nearby would make a powerful impression and frighten the new ministers, who had barely had time to meet. Intercepted correspondence that morning showed that the Mayor of Paris, M. Defflesselles, was betraying the citizens, though he appeared to support them. This discovery left no doubt that Broglio would send reinforcements to the Bastille the next evening. It was necessary to attack that very day, but first the citizens needed more weapons than they had.
Next to the city, the Hospital of the Invalids held a large store of weapons. The citizens demanded its surrender. It could not be defended effectively, and hardly anyone tried, so they soon succeeded. Now armed, they marched on the Bastille: a huge mixed crowd of all ages and social positions, carrying every sort of weapon. It is hard to imagine the sight of that procession or its anxiety about what might happen within hours or minutes. The people inside the city did not know what the ministers were planning. The ministers did not know what the citizens were doing. The citizens also did not know what Broglio might do to support or relieve the fortress. Everything was uncertain and dangerous.
The world already knows that the Bastille was attacked with extraordinary courage inspired by love of liberty and taken within a few hours. I do not intend to describe the attack itself. I want to show the plot against the nation that provoked it and collapsed with the Bastille. The new ministers intended to imprison the National Assembly there. That made it a natural first target, as well as the chief symbol and stronghold of despotism. The attack broke up the new ministry. Its members began fleeing the disaster they had planned for others. Broglio's troops dispersed, and he fled too.
Mr. Burke talks a great deal about plots but never mentions this plot against the National Assembly and the nation's liberty. He skips every circumstance that might have forced him to mention it. He cares deeply about the people exiled from France, from whom he has learned his account. They fled because this plot failed. No one plotted against them; they plotted against others. Those who died received a punishment they had themselves been preparing to inflict, and not an unjust one. If this carefully concealed plot had succeeded, does Mr. Burke think its victors would have stopped their vengeance so quickly? The history of governments answers that question.
Whom has the National Assembly sent to the executioner's platform? No one. Its own members were the plot's intended victims, but they have not taken revenge. Why accuse them of a revenge they never carried out? A whole people rose in a tremendous outburst, with people of every class, temperament, and character mixed together. Through an almost miraculous effort they escaped the destruction planned for them. Could anyone expect nothing at all to go wrong? When people feel the pain of past oppression and face the threat of more, should we expect the calm of philosophers or the numbness of people without feeling? Mr. Burke condemns outrage. Yet he himself has committed the greatest outrage. His book is full of it. He did not write it in a moment of anger but cultivated it for ten months. Mr. Burke had not even been provoked: neither his life nor his interests were at risk.
More citizens died in this struggle than their opponents. But four or five people were seized by the crowd and killed at once. They included the Governor of the Bastille and the Mayor of Paris, who was caught betraying the people. Later the crowd killed Foulon, one of the new ministers, and Berthier, his son-in-law, who had accepted the office of intendant of Paris. Their heads were placed on spikes and carried through the city. Mr. Burke bases much of his tragic picture on this method of punishment. We should therefore ask where people got the idea to punish others this way.
They learned it from the governments they lived under and repeated the punishments they were used to seeing. Heads remained on spikes at Temple Bar for years. That sight was just as horrifying as heads carried on spikes through Paris, and the English Government was responsible for it. Someone may say that what happens to people after death does not matter to them. But it matters greatly to the living. It either hurts their feelings or makes their hearts harder. Either way, it teaches them how to punish when they gain power.
So strike at the root of the problem and teach governments to be humane. Their bloody punishments corrupt humanity. In England, some offenses are punished by hanging, drawing, and quartering. The victim's heart is cut out and displayed to the crowd. Punishments under France's former Government were no less brutal. Who has forgotten Damien's execution, when horses tore him apart? Showing the public such cruelty destroys compassion or stirs a desire for revenge. Based on the low and false belief that people should be ruled by fear instead of reason, these spectacles become examples to follow. Rule by terror is meant to affect the lowest social class, and it affects them most terribly. They understand well enough that they are its targets. When their turn comes, they use the very examples of terror that they were taught to practice.
Part I, 4
18th-century English
There is in all European countries a large class of people of that description, which in England is called the "mob." Of this class were those who committed the burnings and devastations in London in 1780, and of this class were those who carried the heads on iron spikes in Paris. Foulon and Berthier were taken up in the country, and sent to Paris, to undergo their examination at the Hotel de Ville; for the National Assembly, immediately on the new ministry coming into office, passed a decree, which they communicated to the King and Cabinet, that they (the National Assembly) would hold the ministry, of which Foulon was one, responsible for the measures they were advising and pursuing; but the mob, incensed at the appearance of Foulon and Berthier, tore them from their conductors before they were carried to the Hotel de Ville, and executed them on the spot. Why then does Mr. Burke charge outrages of this kind on a whole people? As well may he charge the riots and outrages of 1780 on all the people of London, or those in Ireland on all his countrymen.
But everything we see or hear offensive to our feelings and derogatory to the human character should lead to other reflections than those of reproach. Even the beings who commit them have some claim to our consideration. How then is it that such vast classes of mankind as are distinguished by the appellation of the vulgar, or the ignorant mob, are so numerous in all old countries? The instant we ask ourselves this question, reflection feels an answer. They rise, as an unavoidable consequence, out of the ill construction of all old governments in Europe, England included with the rest. It is by distortedly exalting some men, that others are distortedly debased, till the whole is out of nature. A vast mass of mankind are degradedly thrown into the back-ground of the human picture, to bring forward, with greater glare, the puppet-show of state and aristocracy. In the commencement of a revolution, those men are rather the followers of the camp than of the standard of liberty, and have yet to be instructed how to reverence it.
I give to Mr. Burke all his theatrical exaggerations for facts, and I then ask him if they do not establish the certainty of what I here lay down? Admitting them to be true, they show the necessity of the French Revolution, as much as any one thing he could have asserted. These outrages were not the effect of the principles of the Revolution, but of the degraded mind that existed before the Revolution, and which the Revolution is calculated to reform. Place them then to their proper cause, and take the reproach of them to your own side.
It is the honour of the National Assembly and the city of Paris that, during such a tremendous scene of arms and confusion, beyond the control of all authority, they have been able, by the influence of example and exhortation, to restrain so much. Never were more pains taken to instruct and enlighten mankind, and to make them see that their interest consisted in their virtue, and not in their revenge, than have been displayed in the Revolution of France. I now proceed to make some remarks on Mr. Burke's account of the expedition to Versailles, October the 5th and 6th.
I can consider Mr. Burke's book in scarcely any other light than a dramatic performance; and he must, I think, have considered it in the same light himself, by the poetical liberties he has taken of omitting some facts, distorting others, and making the whole machinery bend to produce a stage effect. Of this kind is his account of the expedition to Versailles. He begins this account by omitting the only facts which as causes are known to be true; everything beyond these is conjecture, even in Paris; and he then works up a tale accommodated to his own passions and prejudices.
It is to be observed throughout Mr. Burke's book that he never speaks of plots against the Revolution; and it is from those plots that all the mischiefs have arisen. It suits his purpose to exhibit the consequences without their causes. It is one of the arts of the drama to do so. If the crimes of men were exhibited with their sufferings, stage effect would sometimes be lost, and the audience would be inclined to approve where it was intended they should commiserate.
After all the investigations that have been made into this intricate affair (the expedition to Versailles), it still remains enveloped in all that kind of mystery which ever accompanies events produced more from a concurrence of awkward circumstances than from fixed design. While the characters of men are forming, as is always the case in revolutions, there is a reciprocal suspicion, and a disposition to misinterpret each other; and even parties directly opposite in principle will sometimes concur in pushing forward the same movement with very different views, and with the hopes of its producing very different consequences. A great deal of this may be discovered in this embarrassed affair, and yet the issue of the whole was what nobody had in view.
The only things certainly known are that considerable uneasiness was at this time excited at Paris by the delay of the King in not sanctioning and forwarding the decrees of the National Assembly, particularly that of the Declaration of the Rights of Man, and the decrees of the fourth of August, which contained the foundation principles on which the constitution was to be erected. The kindest, and perhaps the fairest conjecture upon this matter is, that some of the ministers intended to make remarks and observations upon certain parts of them before they were finally sanctioned and sent to the provinces; but be this as it may, the enemies of the Revolution derived hope from the delay, and the friends of the Revolution uneasiness.
During this state of suspense, the Garde du Corps, which was composed as such regiments generally are, of persons much connected with the Court, gave an entertainment at Versailles (October 1) to some foreign regiments then arrived; and when the entertainment was at the height, on a signal given, the Garde du Corps tore the national cockade from their hats, trampled it under foot, and replaced it with a counter-cockade prepared for the purpose. An indignity of this kind amounted to defiance. It was like declaring war; and if men will give challenges they must expect consequences. But all this Mr. Burke has carefully kept out of sight. He begins his account by saying: "History will record that on the morning of the 6th October, 1789, the King and Queen of France, after a day of confusion, alarm, dismay, and slaughter, lay down under the pledged security of public faith to indulge nature in a few hours of respite, and troubled melancholy repose." This is neither the sober style of history, nor the intention of it. It leaves everything to be guessed at and mistaken. One would at least think there had been a battle; and a battle there probably would have been had it not been for the moderating prudence of those whom Mr. Burke involves in his censures. By his keeping the Garde du Corps out of sight Mr. Burke has afforded himself the dramatic licence of putting the King and Queen in their places, as if the object of the expedition was against them. But to return to my account this conduct of the Garde du Corps, as might well be expected, alarmed and enraged the Partisans. The colors of the cause, and the cause itself, were become too united to mistake the intention of the insult, and the Partisans were determined to call the Garde du Corps to an account. There was certainly nothing of the cowardice of assassination in marching in the face of the day to demand satisfaction, if such a phrase may be used, of a body of armed men who had voluntarily given defiance. But the circumstance which serves to throw this affair into embarrassment is, that the enemies of the Revolution appear to have encouraged it as well as its friends. The one hoped to prevent a civil war by checking it in time, and the other to make one. The hopes of those opposed to the Revolution rested in making the King of their party, and getting him from Versailles to Metz, where they expected to collect a force and set up a standard. We have, therefore, two different objects presenting themselves at the same time, and to be accomplished by the same means: the one to chastise the Garde du Corps, which was the object of the Partisans; the other to render the confusion of such a scene an inducement to the King to set off for Metz.
On the 5th of October a very numerous body of women, and men in the disguise of women, collected around the Hotel de Ville or town-hall at Paris, and set off for Versailles. Their professed object was the Garde du Corps; but prudent men readily recollect that mischief is more easily begun than ended; and this impressed itself with the more force from the suspicions already stated, and the irregularity of such a cavalcade. As soon, therefore, as a sufficient force could be collected, M. de la Fayette, by orders from the civil authority of Paris, set off after them at the head of twenty thousand of the Paris militia. The Revolution could derive no benefit from confusion, and its opposers might. By an amiable and spirited manner of address he had hitherto been fortunate in calming disquietudes, and in this he was extraordinarily successful; to frustrate, therefore, the hopes of those who might seek to improve this scene into a sort of justifiable necessity for the King's quitting Versailles and withdrawing to Metz, and to prevent at the same time the consequences that might ensue between the Garde du Corps and this phalanx of men and women, he forwarded expresses to the King, that he was on his march to Versailles, by the orders of the civil authority of Paris, for the purpose of peace and protection, expressing at the same time the necessity of restraining the Garde du Corps from firing upon the people.*3
He arrived at Versailles between ten and eleven at night. The Garde du Corps was drawn up, and the people had arrived some time before, but everything had remained suspended. Wisdom and policy now consisted in changing a scene of danger into a happy event. M. de la Fayette became the mediator between the enraged parties; and the King, to remove the uneasiness which had arisen from the delay already stated, sent for the President of the National Assembly, and signed the Declaration of the Rights of Man, and such other parts of the constitution as were in readiness.
It was now about one in the morning. Everything appeared to be composed, and a general congratulation took place. By the beat of a drum a proclamation was made that the citizens of Versailles would give the hospitality of their houses to their fellow-citizens of Paris. Those who could not be accommodated in this manner remained in the streets, or took up their quarters in the churches; and at two o'clock the King and Queen retired.
In this state matters passed till the break of day, when a fresh disturbance arose from the censurable conduct of some of both parties, for such characters there will be in all such scenes. One of the Garde du Corps appeared at one of the windows of the palace, and the people who had remained during the night in the streets accosted him with reviling and provocative language. Instead of retiring, as in such a case prudence would have dictated, he presented his musket, fired, and killed one of the Paris militia. The peace being thus broken, the people rushed into the palace in quest of the offender. They attacked the quarters of the Garde du Corps within the palace, and pursued them throughout the avenues of it, and to the apartments of the King. On this tumult, not the Queen only, as Mr. Burke has represented it, but every person in the palace, was awakened and alarmed; and M. de la Fayette had a second time to interpose between the parties, the event of which was that the Garde du Corps put on the national cockade, and the matter ended as by oblivion, after the loss of two or three lives.
During the latter part of the time in which this confusion was acting, the King and Queen were in public at the balcony, and neither of them concealed for safety's sake, as Mr. Burke insinuates. Matters being thus appeased, and tranquility restored, a general acclamation broke forth of Le Roi a Paris—Le Roi a Paris—The King to Paris. It was the shout of peace, and immediately accepted on the part of the King. By this measure all future projects of trapanning the King to Metz, and setting up the standard of opposition to the constitution, were prevented, and the suspicions extinguished. The King and his family reached Paris in the evening, and were congratulated on their arrival by M. Bailly, the Mayor of Paris, in the name of the citizens. Mr. Burke, who throughout his book confounds things, persons, and principles, as in his remarks on M. Bailly's address, confounded time also. He censures M. Bailly for calling it "un bon jour," a good day. Mr. Burke should have informed himself that this scene took up the space of two days, the day on which it began with every appearance of danger and mischief, and the day on which it terminated without the mischiefs that threatened; and that it is to this peaceful termination that M. Bailly alludes, and to the arrival of the King at Paris. Not less than three hundred thousand persons arranged themselves in the procession from Versailles to Paris, and not an act of molestation was committed during the whole march.
Mr. Burke on the authority of M. Lally Tollendal, a deserter from the National Assembly, says that on entering Paris, the people shouted "Tous les eveques a la lanterne." All Bishops to be hanged at the lanthorn or lamp-posts. It is surprising that nobody could hear this but Lally Tollendal, and that nobody should believe it but Mr. Burke. It has not the least connection with any part of the transaction, and is totally foreign to every circumstance of it. The Bishops had never been introduced before into any scene of Mr. Burke's drama: why then are they, all at once, and altogether, tout a coup, et tous ensemble, introduced now? Mr. Burke brings forward his Bishops and his lanthorn-like figures in a magic lanthorn, and raises his scenes by contrast instead of connection. But it serves to show, with the rest of his book what little credit ought to be given where even probability is set at defiance, for the purpose of defaming; and with this reflection, instead of a soliloquy in praise of chivalry, as Mr. Burke has done, I close the account of the expedition to Versailles.*4
English
Every European country has a large group of people of the kind called the “mob” in England. People from this group carried out the fires and destruction in London in 1780. People from this group also carried heads on iron spikes in Paris. Foulon and Berthier were seized in the countryside and sent to Paris to be questioned at the Hotel de Ville. As soon as the new ministry took office, the National Assembly passed a decree and sent it to the King and Cabinet. It said the Assembly would hold the ministry, which included Foulon, responsible for the policies it advised and carried out. But the mob was furious at the sight of Foulon and Berthier. Before their escorts could take them to the Hotel de Ville, the mob seized and killed them there. Why does Mr. Burke blame a whole people for such acts? He might as well blame all Londoners for the riots and violence of 1780, or all his fellow Irish people for riots in Ireland.
When we see or hear something that offends us and reflects badly on humanity, we should think about more than whom to blame. Even the people who do such things deserve some consideration. Why, then, are the people called the common crowd or the ignorant mob so numerous in every old country? As soon as we ask, the answer becomes clear. They are the inevitable result of the badly designed governments of old Europe, including England. When some people are raised unnaturally high, others are pushed unnaturally low. The whole arrangement becomes unnatural. A huge part of humanity is pushed into the background so that the show put on by the state and the aristocracy will look brighter. At the start of a revolution, these people follow the crowd more than the banner of liberty. They still have to learn to respect liberty.
Let us accept all Mr. Burke’s theatrical exaggerations as facts. Do they not prove the point I am making? If they are true, they show how necessary the French Revolution was, just as surely as anything else he could have said. These outrages did not come from the Revolution’s principles. They came from the degraded state of mind that existed before it, a condition the Revolution is meant to change. Put the blame where it belongs, then, and take it on your own side.
The National Assembly and the city of Paris deserve credit. In a terrifying scene of armed disorder beyond anyone’s control, their example and appeals managed to prevent so much violence. No one has tried harder than the people of the French Revolution to teach and inform people, and to show them that their own interests depend on virtue rather than revenge. I will now comment on Mr. Burke’s account of the march to Versailles on October the 5th and 6th.
I can hardly see Mr. Burke’s book as anything but a play. He must have seen it that way too. He takes the writer’s liberty of leaving out some facts, twisting others, and arranging everything to create an effect onstage. His account of the march to Versailles is one example. He leaves out the only known facts that explain what caused it. Everything beyond those facts is guesswork, even in Paris. Then he makes a story to suit his own feelings and prejudices.
Throughout his book, Mr. Burke never talks about plots against the Revolution. Yet those plots have caused all the trouble. He wants to show the effects without the causes. That is a theatrical trick. If a play showed people’s crimes alongside their suffering, it might lose its dramatic effect. The audience might approve of what happened to them when the writer wanted it to feel pity.
Even after all the investigations into the complicated march to Versailles, much about it remains a mystery. That is often true of events caused by several badly timed circumstances rather than a firm plan. In revolutions, people’s roles are still taking shape. They suspect one another and tend to misread one another’s actions. Groups with directly opposing principles sometimes push for the same action, each expecting a very different result. We can see a great deal of that in this confusing affair. Yet its final result was what no one had planned.
Here is what we know for certain. At that time, people in Paris were very uneasy because the King had delayed approving and sending out the National Assembly’s decrees. They were especially concerned about the Declaration of the Rights of Man and the decrees of the fourth of August. Those decrees laid down the basic principles for the constitution. The most generous, and perhaps fairest, guess is that some ministers wanted to comment on parts of these measures before the King finally approved them and sent them to the provinces. Whatever the reason, the delay encouraged the Revolution’s enemies and worried its supporters.
While people waited, the Garde du Corps held a dinner at Versailles (October 1) for some newly arrived foreign regiments. Like such regiments generally, the Garde du Corps was made up of people closely tied to the Court. At the height of the dinner, someone gave a signal. The Garde du Corps tore the national cockade from their hats, trampled it, and put on opposing cockades they had prepared. Such an insult was a challenge. It was like declaring war. People who issue challenges must expect a response. Mr. Burke carefully leaves all this out. He begins: “History will record that on the morning of the 6th October, 1789, the King and Queen of France, after a day of confusion, alarm, dismay, and slaughter, lay down under the pledged security of public faith to indulge nature in a few hours of respite, and troubled melancholy repose.” That is not the clear, factual language or purpose of history. It leaves readers to guess and get things wrong. They might at least suppose a battle had taken place. There probably would have been a battle without the careful restraint of the very people Mr. Burke condemns. By hiding the Garde du Corps, Mr. Burke can put the King and Queen in their place, as though the march targeted them. But let me return to what happened. The behavior of the Garde du Corps understandably frightened and angered the Revolution’s supporters. By then, the colors of their cause and the cause itself were too closely linked for anyone to mistake the meaning of the insult. The supporters decided to confront the Garde du Corps. There was certainly nothing like a cowardly assassination in marching openly in daylight to demand an answer, if that is the right phrase, from armed men who had chosen to issue a challenge. What makes the affair confusing is that the Revolution’s enemies seem to have encouraged this march too. Its friends hoped to stop a civil war before it began; its enemies hoped to start one. Opponents of the Revolution hoped to win the King to their side and get him from Versailles to Metz. They expected to gather an army there and raise a banner of opposition. So two different goals were pursued at the same time by the same means. The Revolution’s supporters wanted to punish the Garde du Corps. Their opponents wanted the confusion to persuade the King to leave for Metz.
On the 5th of October, a very large group of women and men dressed as women gathered at the Hotel de Ville, or town hall, in Paris and set off for Versailles. They said they were going after the Garde du Corps. But careful people knew how much easier it is to start trouble than to stop it. The suspicions I have described, along with the disorderly nature of this procession, made that risk seem still greater. So, as soon as enough men could be gathered, M. de la Fayette followed them with twenty thousand of the Paris militia, on the orders of the civil authorities of Paris. Disorder could do nothing for the Revolution but might help its opponents. Until then, his warm and spirited way of speaking to people had helped calm unrest. Here he was especially successful. He wanted to stop anyone from using the disorder as an excuse for the King to leave Versailles for Metz. He also wanted to prevent a clash between the Garde du Corps and this large group of men and women. He therefore sent messengers ahead to the King. They said he was marching to Versailles under orders from the civil authorities of Paris to keep the peace and protect people. They also said it was essential to prevent the Garde du Corps from firing on the people.*3
He reached Versailles between ten and eleven that night. The Garde du Corps was lined up, and the people had arrived earlier, but nothing had yet happened. The wise course now was to turn a dangerous situation into a happy outcome. M. de la Fayette stepped in between the angry groups. The King wanted to ease the worry caused by his delay. He sent for the President of the National Assembly and signed the Declaration of the Rights of Man and the other parts of the constitution that were ready.
It was about one in the morning. Everything seemed calm, and people congratulated one another. At the beat of a drum, an announcement said that the people of Versailles would welcome their fellow citizens from Paris into their homes. Those who could not stay in homes remained in the streets or slept in churches. At two o’clock the King and Queen went to bed.
Things stayed that way until dawn. Then some people on both sides behaved badly, as people always do in such situations, and new trouble began. A member of the Garde du Corps appeared at a palace window. The people who had spent the night in the streets shouted insults and challenges at him. He should have stepped away. Instead, he aimed his musket, fired, and killed a member of the Paris militia. With the peace broken, the people rushed into the palace to find him. They attacked the rooms of the Garde du Corps inside the palace and chased them through its passages as far as the King’s rooms. The disturbance woke and alarmed everyone in the palace, not just the Queen, as Mr. Burke claims. M. de la Fayette had to intervene a second time. In the end, the Garde du Corps put on the national cockade, and the affair was effectively put behind them, though two or three people had died.
During the later part of the disorder, the King and Queen stood in public on the balcony. Neither was hidden for safety, as Mr. Burke suggests. Once calm returned, the crowd began to shout, “Le Roi a Paris—Le Roi a Paris—The King to Paris.” It was a peaceful call, and the King immediately agreed. This prevented any future plan to trick him into going to Metz and raising a banner against the constitution. It also ended the suspicions. The King and his family reached Paris that evening. M. Bailly, the Mayor of Paris, congratulated them on behalf of its citizens. Mr. Burke confuses events, people, and principles throughout his book. In his comments on M. Bailly’s address, he even confuses the dates. He criticizes M. Bailly for calling it “un bon jour,” a good day. But the events took two days. The first began with every sign of danger and possible harm; the second ended without the harm people had feared. M. Bailly meant that peaceful ending and the King’s arrival in Paris. At least three hundred thousand people joined the procession from Versailles to Paris, and nobody was harassed during the entire march.
Citing M. Lally Tollendal, who had deserted the National Assembly, Mr. Burke says the people shouted “Tous les eveques a la lanterne” as they entered Paris: all Bishops should be hanged at the lanthorn or lamp-posts. It is strange that only Lally Tollendal heard this and only Mr. Burke believed it. It has no connection with anything that happened and has nothing to do with the circumstances. Bishops had never appeared earlier in Mr. Burke’s play. Why bring them all in suddenly, tout a coup, et tous ensemble? Mr. Burke brings in his Bishops and images of hanging from lantern posts as if showing pictures in a magic lantern. He builds his scenes out of contrasts rather than connections. This claim, like the rest of his book, shows how little trust to place in someone who ignores even what is likely so that he can smear others. With that thought, rather than Mr. Burke’s speech praising chivalry, I end my account of the march to Versailles.*4
Part I, 5
18th-century English
I have now to follow Mr. Burke through a pathless wilderness of rhapsodies, and a sort of descant upon governments, in which he asserts whatever he pleases, on the presumption of its being believed, without offering either evidence or reasons for so doing.
Before anything can be reasoned upon to a conclusion, certain facts, principles, or data, to reason from, must be established, admitted, or denied. Mr. Burke with his usual outrage, abused the Declaration of the Rights of Man, published by the National Assembly of France, as the basis on which the constitution of France is built. This he calls "paltry and blurred sheets of paper about the rights of man." Does Mr. Burke mean to deny that man has any rights? If he does, then he must mean that there are no such things as rights anywhere, and that he has none himself; for who is there in the world but man? But if Mr. Burke means to admit that man has rights, the question then will be: What are those rights, and how man came by them originally?
The error of those who reason by precedents drawn from antiquity, respecting the rights of man, is that they do not go far enough into antiquity. They do not go the whole way. They stop in some of the intermediate stages of an hundred or a thousand years, and produce what was then done, as a rule for the present day. This is no authority at all. If we travel still farther into antiquity, we shall find a direct contrary opinion and practice prevailing; and if antiquity is to be authority, a thousand such authorities may be produced, successively contradicting each other; but if we proceed on, we shall at last come out right; we shall come to the time when man came from the hand of his Maker. What was he then? Man. Man was his high and only title, and a higher cannot be given him. But of titles I shall speak hereafter.
We are now got at the origin of man, and at the origin of his rights. As to the manner in which the world has been governed from that day to this, it is no farther any concern of ours than to make a proper use of the errors or the improvements which the history of it presents. Those who lived an hundred or a thousand years ago, were then moderns, as we are now. They had their ancients, and those ancients had others, and we also shall be ancients in our turn. If the mere name of antiquity is to govern in the affairs of life, the people who are to live an hundred or a thousand years hence, may as well take us for a precedent, as we make a precedent of those who lived an hundred or a thousand years ago. The fact is, that portions of antiquity, by proving everything, establish nothing. It is authority against authority all the way, till we come to the divine origin of the rights of man at the creation. Here our enquiries find a resting-place, and our reason finds a home. If a dispute about the rights of man had arisen at the distance of an hundred years from the creation, it is to this source of authority they must have referred, and it is to this same source of authority that we must now refer.
Though I mean not to touch upon any sectarian principle of religion, yet it may be worth observing, that the genealogy of Christ is traced to Adam. Why then not trace the rights of man to the creation of man? I will answer the question. Because there have been upstart governments, thrusting themselves between, and presumptuously working to un-make man.
If any generation of men ever possessed the right of dictating the mode by which the world should be governed for ever, it was the first generation that existed; and if that generation did it not, no succeeding generation can show any authority for doing it, nor can set any up. The illuminating and divine principle of the equal rights of man (for it has its origin from the Maker of man) relates, not only to the living individuals, but to generations of men succeeding each other. Every generation is equal in rights to generations which preceded it, by the same rule that every individual is born equal in rights with his contemporary.
Every history of the creation, and every traditionary account, whether from the lettered or unlettered world, however they may vary in their opinion or belief of certain particulars, all agree in establishing one point, the unity of man; by which I mean that men are all of one degree, and consequently that all men are born equal, and with equal natural right, in the same manner as if posterity had been continued by creation instead of generation, the latter being the only mode by which the former is carried forward; and consequently every child born into the world must be considered as deriving its existence from God. The world is as new to him as it was to the first man that existed, and his natural right in it is of the same kind.
The Mosaic account of the creation, whether taken as divine authority or merely historical, is full to this point, the unity or equality of man. The expression admits of no controversy. "And God said, Let us make man in our own image. In the image of God created he him; male and female created he them." The distinction of sexes is pointed out, but no other distinction is even implied. If this be not divine authority, it is at least historical authority, and shows that the equality of man, so far from being a modern doctrine, is the oldest upon record.
It is also to be observed that all the religions known in the world are founded, so far as they relate to man, on the unity of man, as being all of one degree. Whether in heaven or in hell, or in whatever state man may be supposed to exist hereafter, the good and the bad are the only distinctions. Nay, even the laws of governments are obliged to slide into this principle, by making degrees to consist in crimes and not in persons.
It is one of the greatest of all truths, and of the highest advantage to cultivate. By considering man in this light, and by instructing him to consider himself in this light, it places him in a close connection with all his duties, whether to his Creator or to the creation, of which he is a part; and it is only when he forgets his origin, or, to use a more fashionable phrase, his birth and family, that he becomes dissolute. It is not among the least of the evils of the present existing governments in all parts of Europe that man, considered as man, is thrown back to a vast distance from his Maker, and the artificial chasm filled up with a succession of barriers, or sort of turnpike gates, through which he has to pass. I will quote Mr. Burke's catalogue of barriers that he has set up between man and his Maker. Putting himself in the character of a herald, he says: "We fear God—we look with awe to kings—with affection to Parliaments with duty to magistrates—with reverence to priests, and with respect to nobility." Mr. Burke has forgotten to put in "'chivalry." He has also forgotten to put in Peter.
The duty of man is not a wilderness of turnpike gates, through which he is to pass by tickets from one to the other. It is plain and simple, and consists but of two points. His duty to God, which every man must feel; and with respect to his neighbor, to do as he would be done by. If those to whom power is delegated do well, they will be respected: if not, they will be despised; and with regard to those to whom no power is delegated, but who assume it, the rational world can know nothing of them.
Hitherto we have spoken only (and that but in part) of the natural rights of man. We have now to consider the civil rights of man, and to show how the one originates from the other. Man did not enter into society to become worse than he was before, nor to have fewer rights than he had before, but to have those rights better secured. His natural rights are the foundation of all his civil rights. But in order to pursue this distinction with more precision, it will be necessary to mark the different qualities of natural and civil rights.
A few words will explain this. Natural rights are those which appertain to man in right of his existence. Of this kind are all the intellectual rights, or rights of the mind, and also all those rights of acting as an individual for his own comfort and happiness, which are not injurious to the natural rights of others. Civil rights are those which appertain to man in right of his being a member of society. Every civil right has for its foundation some natural right pre-existing in the individual, but to the enjoyment of which his individual power is not, in all cases, sufficiently competent. Of this kind are all those which relate to security and protection.
From this short review it will be easy to distinguish between that class of natural rights which man retains after entering into society and those which he throws into the common stock as a member of society.
The natural rights which he retains are all those in which the Power to execute is as perfect in the individual as the right itself. Among this class, as is before mentioned, are all the intellectual rights, or rights of the mind; consequently religion is one of those rights. The natural rights which are not retained, are all those in which, though the right is perfect in the individual, the power to execute them is defective. They answer not his purpose. A man, by natural right, has a right to judge in his own cause; and so far as the right of the mind is concerned, he never surrenders it. But what availeth it him to judge, if he has not power to redress? He therefore deposits this right in the common stock of society, and takes the ann of society, of which he is a part, in preference and in addition to his own. Society grants him nothing. Every man is a proprietor in society, and draws on the capital as a matter of right.
From these premisses two or three certain conclusions will follow:
First, That every civil right grows out of a natural right; or, in other words, is a natural right exchanged.
Secondly, That civil power properly considered as such is made up of the aggregate of that class of the natural rights of man, which becomes defective in the individual in point of power, and answers not his purpose, but when collected to a focus becomes competent to the Purpose of every one.
Thirdly, That the power produced from the aggregate of natural rights, imperfect in power in the individual, cannot be applied to invade the natural rights which are retained in the individual, and in which the power to execute is as perfect as the right itself.
We have now, in a few words, traced man from a natural individual to a member of society, and shown, or endeavoured to show, the quality of the natural rights retained, and of those which are exchanged for civil rights. Let us now apply these principles to governments.
In casting our eyes over the world, it is extremely easy to distinguish the governments which have arisen out of society, or out of the social compact, from those which have not; but to place this in a clearer light than what a single glance may afford, it will be proper to take a review of the several sources from which governments have arisen and on which they have been founded.
They may be all comprehended under three heads.
First, Superstition.
Secondly, Power.
Thirdly, The common interest of society and the common rights of man.
The first was a government of priestcraft, the second of conquerors, and the third of reason.
When a set of artful men pretended, through the medium of oracles, to hold intercourse with the Deity, as familiarly as they now march up the back-stairs in European courts, the world was completely under the government of superstition. The oracles were consulted, and whatever they were made to say became the law; and this sort of government lasted as long as this sort of superstition lasted.
After these a race of conquerors arose, whose government, like that of William the Conqueror, was founded in power, and the sword assumed the name of a sceptre. Governments thus established last as long as the power to support them lasts; but that they might avail themselves of every engine in their favor, they united fraud to force, and set up an idol which they called Divine Right, and which, in imitation of the Pope, who affects to be spiritual and temporal, and in contradiction to the Founder of the Christian religion, twisted itself afterwards into an idol of another shape, called Church and State. The key of St. Peter and the key of the Treasury became quartered on one another, and the wondering cheated multitude worshipped the invention.
When I contemplate the natural dignity of man, when I feel (for Nature has not been kind enough to me to blunt my feelings) for the honour and happiness of its character, I become irritated at the attempt to govern mankind by force and fraud, as if they were all knaves and fools, and can scarcely avoid disgust at those who are thus imposed upon.
We have now to review the governments which arise out of society, in contradistinction to those which arose out of superstition and conquest.
It has been thought a considerable advance towards establishing the principles of Freedom to say that Government is a compact between those who govern and those who are governed; but this cannot be true, because it is putting the effect before the cause; for as man must have existed before governments existed, there necessarily was a time when governments did not exist, and consequently there could originally exist no governors to form such a compact with.
The fact therefore must be that the individuals themselves, each in his own personal and sovereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist.
English
Now I must follow Mr. Burke through a maze of extravagant speeches and loose talk about governments. He says whatever he likes and expects to be believed, without giving evidence or reasons.
Before we can reach a reasoned conclusion, we have to establish, accept, or reject the facts and principles we start from. Mr. Burke attacked the Declaration of the Rights of Man, which the National Assembly of France published as the foundation of France’s constitution. He called it “paltry and blurred sheets of paper about the rights of man.” Does Mr. Burke mean that people have no rights? If so, he must mean there are no rights anywhere and that he himself has none. After all, who in the world is not a person? But if he accepts that people have rights, we must ask what those rights are and where they first came from.
People make a mistake when they use ancient precedents to argue about human rights: they do not go back far enough. They stop at some point an hundred or a thousand years ago and treat what people did then as a rule for today. That carries no authority. Go further back and you will find people doing and believing the opposite. If age gives something authority, we could find a thousand old precedents that contradict one another. But if we keep going, we will eventually reach the time when our Maker created humanity. What was a person then? A person. That was the only title, and the highest one possible. I will say more about titles later.
Now we have reached the origin of humanity and of human rights. We need look at how the world has been governed since then only to learn from its mistakes and improvements. Those who lived an hundred or a thousand years ago were modern in their own time, just as we are now. They had people they called ancient, those people had others, and we too will be ancient someday. If being old is enough to govern our lives, people living an hundred or a thousand years from now can use us as a precedent, just as we use people from an hundred or a thousand years ago. The truth is that selected pieces of antiquity can be used to prove anything, so they establish nothing. One old authority contradicts another until we reach the creation of humanity, the divine source of human rights. There our search and our reasoning can rest. If people had argued over human rights an hundred years after creation, they would have had to refer to this source. We must refer to it now too.
I do not intend to argue for any particular religious sect. Still, it is worth noting that Christ’s ancestry is traced back to Adam. Why not trace human rights back to the creation of humanity as well? Here is why people do not: governments that arose later have inserted themselves in between and arrogantly tried to strip people of their humanity.
If any generation ever had the right to dictate how the world should be governed forever, it was the first one. If that generation did not exercise such a right, no later generation has any authority to do so or claim it. The clear, divine principle of equal human rights comes from humanity’s Maker. It applies both to people alive today and to one generation after another. Every generation has the same rights as the generations before it, just as every person is born with the same rights as others born at the same time.
Every account and tradition about creation, whether from societies with writing or without it, agrees on one point, however much their details differ: humanity is one. I mean that all people have the same standing. So all are born equal, with equal natural rights. This would be true if each new generation were created directly rather than born from the previous one. Birth is simply the way creation continues. Each child’s existence must therefore be seen as coming from God. The world is as new to that child as it was to the first human being, and the child has the same kind of natural right in it.
The Mosaic account of creation makes this unity and equality clear, whether we treat it as divine authority or simply as history. Its words leave no room for dispute: “And God said, Let us make man in our own image. In the image of God created he him; male and female created he them.” It names a difference between the sexes but suggests no other distinction. Even if this is not divine authority, it is at least historical testimony. It shows that human equality is not a new idea but the oldest one on record.
All known religions, in what they say about human beings, are also based on the idea that humanity is one and that everyone has the same standing. Whether people are thought to go to heaven, hell, or another state after death, the only distinction is between good and bad. Even governments’ laws have to follow this principle in a way. They distinguish people by their crimes rather than by their social standing.
This is one of the greatest truths, and it is very valuable to teach it. Seeing people this way, and teaching them to see themselves this way, connects them closely to all their duties: to their Creator and to the creation of which they are a part. A person becomes corrupt only by forgetting that origin—or, to use the fashionable phrase, that birth and family. One of the many evils of present-day European governments is that they put a huge distance between a human being, simply as a human being, and the Maker. They fill that artificial gap with a series of barriers, like tollgates people must pass through. Here is Mr. Burke’s list of those barriers between people and their Maker. Speaking as though he were announcing ranks and titles, he says: “We fear God—we look with awe to kings—with affection to Parliaments with duty to magistrates—with reverence to priests, and with respect to nobility.” Mr. Burke forgot to include “chivalry.” He also forgot Peter.
A person’s duty is not a maze of tollgates requiring a ticket at each stop. It is simple and has only two parts. There is the duty to God, which everyone must feel. There is also the duty to treat a neighbor as one would want to be treated. If people given power do a good job, they will be respected. If they do not, they will be looked down on. As for those who simply claim power without being given it, reasonable people need not recognize their claims at all.
So far, we have discussed only some of our natural rights. Now we must consider civil rights and show how they come from natural rights. People did not join society to be worse off or to have fewer rights. They joined it to make those rights more secure. Natural rights are the basis of every civil right. To make this distinction clearer, we need to describe the different features of each kind of right.
This takes only a few words. Natural rights belong to people because they exist. These include all intellectual rights, or rights of the mind. They also include the right to act for one’s own comfort and happiness, provided this does not harm other people’s natural rights. Civil rights belong to people because they are members of society. Every civil right rests on a natural right that an individual already had but could not always exercise effectively alone. Rights involving safety and protection are examples.
This brief account lets us distinguish the natural rights a person keeps after joining society from those put into a shared pool as a member of society.
A person keeps the natural rights that an individual can exercise as fully as the rights themselves allow. As I said, intellectual rights, or rights of the mind, belong to this group. Religion is therefore one of them. A person gives up the independent exercise of natural rights when the right itself is complete but the individual lacks the power to enforce it. Alone, the right does not serve its purpose. By natural right, a person may judge a dispute in which that person is involved. People never give up their right to form their own judgment. But what good is that judgment if they have no power to put things right? They therefore put the right to enforce such judgments into society’s shared pool. They use the strength of society, to which they belong, instead of relying only on their own strength. Society gives them nothing as a gift. Everyone has a share in society and has the right to draw on its common resources.
Two or three definite conclusions follow from these points:
First, every civil right comes from a natural right. In other words, it is a natural right exchanged.
Second, civil power consists of the combined natural rights that individuals cannot effectively enforce alone. When brought together, those powers can serve everyone’s needs.
Third, the power formed by combining rights that individuals cannot enforce alone must not be used to violate the natural rights individuals keep and can exercise fully themselves.
In a few words, we have followed a person from independent life into membership in society. We have shown, or tried to show, which natural rights remain with the individual and which are exchanged for civil rights. Let us apply these principles to governments.
Looking around the world, it is easy to tell which governments came from society and a social agreement and which did not. To make the difference even clearer, we should look at the various sources from which governments have come and on which they rest.
They fall into three categories.
First, superstition.
Second, power.
Third, society’s common interest and people’s common rights.
The first gave us rule by priests, the second rule by conquerors, and the third rule by reason.
When clever men pretended they could speak with God through oracles as easily as people now go up the back stairs of European courts, the world was ruled by superstition. People consulted the oracles, and whatever those men made them say became law. That kind of government lasted as long as the superstition behind it.
Next came conquerors. Like William the Conqueror, they founded their rule on force. The sword was now called a scepter. Such governments last only while they have the power to keep themselves in place. To use every possible means of control, they joined deception to force. They created an idol called Divine Right. Then, imitating the Pope’s claim to both religious and worldly power, and contradicting the founder of Christianity, they turned this into another idol called Church and State. St. Peter’s key and the Treasury’s key were displayed together like symbols on a coat of arms. The deceived public looked on in wonder and worshipped the invention.
When I think of people’s natural dignity and care about their honor and happiness—for Nature has not made me unable to feel—I grow angry that anyone would rule humanity through force and lies, as though everyone were a cheat or a fool. I can scarcely help feeling disgust at the people taken in by it.
Now we must look at governments that come from society, rather than from superstition or conquest.
Some think it a major step toward freedom to say that government is an agreement between rulers and the ruled. But that cannot be right. It puts the result before its cause. People must have existed before governments did. There was therefore a time without governments and without governors who could make such an agreement.
The truth must be that individuals, each acting by their own personal and sovereign right, agreed with one another to create a government. This is the only legitimate way for governments to begin and the only principle that justifies their continued existence.
Part I, 6
18th-century English
To possess ourselves of a clear idea of what government is, or ought to be, we must trace it to its origin. In doing this we shall easily discover that governments must have arisen either out of the people or over the people. Mr. Burke has made no distinction. He investigates nothing to its source, and therefore he confounds everything; but he has signified his intention of undertaking, at some future opportunity, a comparison between the constitution of England and France. As he thus renders it a subject of controversy by throwing the gauntlet, I take him upon his own ground. It is in high challenges that high truths have the right of appearing; and I accept it with the more readiness because it affords me, at the same time, an opportunity of pursuing the subject with respect to governments arising out of society.
But it will be first necessary to define what is meant by a Constitution. It is not sufficient that we adopt the word; we must fix also a standard signification to it.
A constitution is not a thing in name only, but in fact. It has not an ideal, but a real existence; and wherever it cannot be produced in a visible form, there is none. A constitution is a thing antecedent to a government, and a government is only the creature of a constitution. The constitution of a country is not the act of its government, but of the people constituting its government. It is the body of elements, to which you can refer, and quote article by article; and which contains the principles on which the government shall be established, the manner in which it shall be organised, the powers it shall have, the mode of elections, the duration of Parliaments, or by what other name such bodies may be called; the powers which the executive part of the government shall have; and in fine, everything that relates to the complete organisation of a civil government, and the principles on which it shall act, and by which it shall be bound. A constitution, therefore, is to a government what the laws made afterwards by that government are to a court of judicature. The court of judicature does not make the laws, neither can it alter them; it only acts in conformity to the laws made: and the government is in like manner governed by the constitution.
Can, then, Mr. Burke produce the English Constitution? If he cannot, we may fairly conclude that though it has been so much talked about, no such thing as a constitution exists, or ever did exist, and consequently that the people have yet a constitution to form.
Mr. Burke will not, I presume, deny the position I have already advanced—namely, that governments arise either out of the people or over the people. The English Government is one of those which arose out of a conquest, and not out of society, and consequently it arose over the people; and though it has been much modified from the opportunity of circumstances since the time of William the Conqueror, the country has never yet regenerated itself, and is therefore without a constitution.
I readily perceive the reason why Mr. Burke declined going into the comparison between the English and French constitutions, because he could not but perceive, when he sat down to the task, that no such a thing as a constitution existed on his side the question. His book is certainly bulky enough to have contained all he could say on this subject, and it would have been the best manner in which people could have judged of their separate merits. Why then has he declined the only thing that was worth while to write upon? It was the strongest ground he could take, if the advantages were on his side, but the weakest if they were not; and his declining to take it is either a sign that he could not possess it or could not maintain it.
Mr. Burke said, in a speech last winter in Parliament, "that when the National Assembly first met in three Orders (the Tiers Etat, the Clergy, and the Noblesse), France had then a good constitution." This shows, among numerous other instances, that Mr. Burke does not understand what a constitution is. The persons so met were not a constitution, but a convention, to make a constitution.
The present National Assembly of France is, strictly speaking, the personal social compact. The members of it are the delegates of the nation in its original character; future assemblies will be the delegates of the nation in its organised character. The authority of the present Assembly is different from what the authority of future Assemblies will be. The authority of the present one is to form a constitution; the authority of future assemblies will be to legislate according to the principles and forms prescribed in that constitution; and if experience should hereafter show that alterations, amendments, or additions are necessary, the constitution will point out the mode by which such things shall be done, and not leave it to the discretionary power of the future government.
A government on the principles on which constitutional governments arising out of society are established, cannot have the right of altering itself. If it had, it would be arbitrary. It might make itself what it pleased; and wherever such a right is set up, it shows there is no constitution. The act by which the English Parliament empowered itself to sit seven years, shows there is no constitution in England. It might, by the same self-authority, have sat any great number of years, or for life. The bill which the present Mr. Pitt brought into Parliament some years ago, to reform Parliament, was on the same erroneous principle. The right of reform is in the nation in its original character, and the constitutional method would be by a general convention elected for the purpose. There is, moreover, a paradox in the idea of vitiated bodies reforming themselves.
From these preliminaries I proceed to draw some comparisons. I have already spoken of the declaration of rights; and as I mean to be as concise as possible, I shall proceed to other parts of the French Constitution.
The constitution of France says that every man who pays a tax of sixty sous per annum (2s. 6d. English) is an elector. What article will Mr. Burke place against this? Can anything be more limited, and at the same time more capricious, than the qualification of electors is in England? Limited—because not one man in an hundred (I speak much within compass) is admitted to vote. Capricious—because the lowest character that can be supposed to exist, and who has not so much as the visible means of an honest livelihood, is an elector in some places: while in other places, the man who pays very large taxes, and has a known fair character, and the farmer who rents to the amount of three or four hundred pounds a year, with a property on that farm to three or four times that amount, is not admitted to be an elector. Everything is out of nature, as Mr. Burke says on another occasion, in this strange chaos, and all sorts of follies are blended with all sorts of crimes. William the Conqueror and his descendants parcelled out the country in this manner, and bribed some parts of it by what they call charters to hold the other parts of it the better subjected to their will. This is the reason why so many of those charters abound in Cornwall; the people were averse to the Government established at the Conquest, and the towns were garrisoned and bribed to enslave the country. All the old charters are the badges of this conquest, and it is from this source that the capriciousness of election arises.
The French Constitution says that the number of representatives for any place shall be in a ratio to the number of taxable inhabitants or electors. What article will Mr. Burke place against this? The county of York, which contains nearly a million of souls, sends two county members; and so does the county of Rutland, which contains not an hundredth part of that number. The old town of Sarum, which contains not three houses, sends two members; and the town of Manchester, which contains upward of sixty thousand souls, is not admitted to send any. Is there any principle in these things? It is admitted that all this is altered, but there is much to be done yet, before we have a fair representation of the people. Is there anything by which you can trace the marks of freedom, or discover those of wisdom? No wonder then Mr. Burke has declined the comparison, and endeavored to lead his readers from the point by a wild, unsystematical display of paradoxical rhapsodies.
The French Constitution says that the National Assembly shall be elected every two years. What article will Mr. Burke place against this? Why, that the nation has no right at all in the case; that the government is perfectly arbitrary with respect to this point; and he can quote for his authority the precedent of a former Parliament.
The French Constitution says there shall be no game laws, that the farmer on whose lands wild game shall be found (for it is by the produce of his lands they are fed) shall have a right to what he can take; that there shall be no monopolies of any kind—that all trades shall be free and every man free to follow any occupation by which he can procure an honest livelihood, and in any place, town, or city throughout the nation. What will Mr. Burke say to this? In England, game is made the property of those at whose expense it is not fed; and with respect to monopolies, the country is cut up into monopolies. Every chartered town is an aristocratical monopoly in itself, and the qualification of electors proceeds out of those chartered monopolies. Is this freedom? Is this what Mr. Burke means by a constitution?
In these chartered monopolies, a man coming from another part of the country is hunted from them as if he were a foreign enemy. An Englishman is not free of his own country; every one of those places presents a barrier in his way, and tells him he is not a freeman—that he has no rights. Within these monopolies are other monopolies. In a city, such for instance as Bath, which contains between twenty and thirty thousand inhabitants, the right of electing representatives to Parliament is monopolised by about thirty-one persons. And within these monopolies are still others. A man even of the same town, whose parents were not in circumstances to give him an occupation, is debarred, in many cases, from the natural right of acquiring one, be his genius or industry what it may.
Are these things examples to hold out to a country regenerating itself from slavery, like France? Certainly they are not, and certain am I, that when the people of England come to reflect upon them they will, like France, annihilate those badges of ancient oppression, those traces of a conquered nation. Had Mr. Burke possessed talents similar to the author of "On the Wealth of Nations." he would have comprehended all the parts which enter into, and, by assemblage, form a constitution. He would have reasoned from minutiae to magnitude. It is not from his prejudices only, but from the disorderly cast of his genius, that he is unfitted for the subject he writes upon. Even his genius is without a constitution. It is a genius at random, and not a genius constituted. But he must say something. He has therefore mounted in the air like a balloon, to draw the eyes of the multitude from the ground they stand upon.
Much is to be learned from the French Constitution. Conquest and tyranny transplanted themselves with William the Conqueror from Normandy into England, and the country is yet disfigured with the marks. May, then, the example of all France contribute to regenerate the freedom which a province of it destroyed!
The French Constitution says that to preserve the national representation from being corrupt, no member of the National Assembly shall be an officer of the government, a placeman or a pensioner. What will Mr. Burke place against this? I will whisper his answer: Loaves and Fishes. Ah! this government of loaves and fishes has more mischief in it than people have yet reflected on. The National Assembly has made the discovery, and it holds out the example to the world. Had governments agreed to quarrel on purpose to fleece their countries by taxes, they could not have succeeded better than they have done.
Everything in the English government appears to me the reverse of what it ought to be, and of what it is said to be. The Parliament, imperfectly and capriciously elected as it is, is nevertheless supposed to hold the national purse in trust for the nation; but in the manner in which an English Parliament is constructed it is like a man being both mortgagor and mortgagee, and in the case of misapplication of trust it is the criminal sitting in judgment upon himself. If those who vote the supplies are the same persons who receive the supplies when voted, and are to account for the expenditure of those supplies to those who voted them, it is themselves accountable to themselves, and the Comedy of Errors concludes with the pantomime of Hush. Neither the Ministerial party nor the Opposition will touch upon this case. The national purse is the common hack which each mounts upon. It is like what the country people call "Ride and tie—you ride a little way, and then I."*5 They order these things better in France.
The French Constitution says that the right of war and peace is in the nation. Where else should it reside but in those who are to pay the expense?
In England this right is said to reside in a metaphor shown at the Tower for sixpence or a shilling a piece: so are the lions; and it would be a step nearer to reason to say it resided in them, for any inanimate metaphor is no more than a hat or a cap. We can all see the absurdity of worshipping Aaron's molten calf, or Nebuchadnezzar's golden image; but why do men continue to practise themselves the absurdities they despise in others?
It may with reason be said that in the manner the English nation is represented it signifies not where the right resides, whether in the Crown or in the Parliament. War is the common harvest of all those who participate in the division and expenditure of public money, in all countries. It is the art of conquering at home; the object of it is an increase of revenue; and as revenue cannot be increased without taxes, a pretence must be made for expenditure. In reviewing the history of the English Government, its wars and its taxes, a bystander, not blinded by prejudice nor warped by interest, would declare that taxes were not raised to carry on wars, but that wars were raised to carry on taxes.
English
To understand clearly what government is, or should be, we must go back to its beginning. Then we can see that governments must have come either from the people or been imposed on them. Mr. Burke makes no such distinction. He never looks for the source of anything, so he confuses everything. He has said he intends someday to compare the constitutions of England and France. By inviting that argument, he has issued a challenge, and I will meet him on his own ground. Major challenges give important truths a chance to emerge. I gladly accept because this also lets me continue examining governments that come from society.
But first we must define a constitution. Using the word is not enough. We must agree on what it means.
A constitution is a real thing, not just a name or an idea. If it cannot be shown in a visible form, it does not exist. A constitution comes before a government; a government is created by a constitution. A country’s constitution is made not by its government but by its people when they establish that government. It is a body of provisions that you can point to and cite article by article. It sets out the principles on which the government is founded, how it is organized, what powers it has, how elections work, and how long Parliaments—or bodies with other names—may serve. It also defines the powers of the executive branch. In short, it covers everything about the full organization of civil government, the principles guiding it, and the limits that bind it. A constitution stands in relation to a government as the laws that government later passes stand in relation to a court. The court neither makes nor changes those laws. It acts under them. In the same way, the government acts under the constitution.
Can Mr. Burke produce the English Constitution? If he cannot, we may reasonably conclude that, however much people talk about it, no such constitution exists or ever existed. The people must still make one.
I doubt Mr. Burke will deny my earlier point: governments arise either from the people or as powers over them. The English Government came from conquest, not society, so it was imposed on the people. Circumstances have changed it greatly since William the Conqueror, but the country has never remade its government for itself. It therefore has no constitution.
I can see why Mr. Burke chose not to compare the English and French constitutions. When he considered doing so, he must have realized that his side had no constitution to offer. His book is certainly long enough to include all he could have said on the subject. A comparison would have given readers the best way to judge the two constitutions. Why did he avoid the one subject worth writing about? If the advantages were on his side, it was the strongest argument available to him. If not, it was his weakest. His refusal suggests that he either could not make the argument or could not defend it.
In a speech in Parliament last winter, Mr. Burke said “that when the National Assembly first met in three Orders (the Tiers Etat, the Clergy, and the Noblesse), France had then a good constitution.” This is one of many signs that he does not understand what a constitution is. Those who met did not themselves form a constitution. They were a convention meeting to make one.
Strictly speaking, the present National Assembly of France is the social agreement embodied in its members. They represent the nation as it exists before a constitution. Later assemblies will represent the nation once it is constitutionally organized. The present Assembly and later ones have different powers. This Assembly has the power to make a constitution. Later assemblies will make laws according to the rules and principles set out in it. If experience shows that changes or additions are needed, the constitution will say how to make them. The future government will not be free to change it as it likes.
A constitutional government formed by society cannot have the right to change its own basic rules. If it did, its power would be unlimited. It could turn itself into anything it liked. A government that claims this right shows that it has no constitution. The English Parliament passed an act allowing itself to sit for seven years. That proves England has no constitution. By the same claim of authority, Parliament could have allowed itself to sit for any number of years, or for life. A bill introduced by the present Mr. Pitt some years ago to reform Parliament made the same mistake. The right to reform belongs to the nation in its original capacity. The constitutional way to do it would be to elect a general convention for that purpose. Besides, there is something contradictory about expecting corrupt institutions to reform themselves.
With those points established, I will make some comparisons. I have already discussed the declaration of rights. To keep this brief, I will turn to other parts of the French Constitution.
The constitution of France says that every man paying an annual tax of sixty sous (2s. 6d. English) can vote. What English rule can Mr. Burke set against this? Could England’s voting qualifications be more restrictive or more arbitrary? Restrictive, because not one man in an hundred—and that is a cautious estimate—can vote. Arbitrary, because in some places even a person of the worst character, with no visible honest means of support, can vote. In other places, someone who pays very large taxes and is known to have a good character cannot vote. Neither can a farmer renting land for three or four hundred pounds a year and owning property on that farm worth three or four times as much. As Mr. Burke says on another subject, everything in this strange mess is unnatural. All kinds of foolishness mix with all kinds of wrongdoing. William the Conqueror and his descendants divided the country this way. They bribed some places with what they call charters, making it easier to hold the rest under their power. This is why Cornwall has so many charters. Its people resisted the government established by the Conquest, so towns were filled with troops and bought off to help keep the countryside in subjection. All the old charters are marks of conquest. They are the source of the arbitrary election rules.
The French Constitution says that each place’s number of representatives must be proportional to its number of taxable residents or voters. What can Mr. Burke set against that? The county of York has nearly a million people and sends two county members to Parliament. The county of Rutland has less than an hundredth as many people and also sends two. The old town of Sarum has fewer than three houses and sends two members. Manchester has more than sixty thousand people and sends none. Is there any principle here? It is admitted that all this is altered, but much remains to be done before the people are fairly represented. Can you find any sign of freedom or wisdom in this? No wonder Mr. Burke avoided the comparison and tried to distract his readers with a wild, disorganized collection of contradictory claims.
The French Constitution says the National Assembly must be elected every two years. What can Mr. Burke set against that? Only that the nation has no right in the matter. The government can decide entirely as it wishes, and he can cite a previous Parliament as precedent.
The French Constitution says there will be no game laws. Farmers may take wild game on their own land, where their crops feed it. There will also be no monopolies of any kind. Anyone may freely practice any trade that provides an honest living, anywhere in the country, whether in a village, town, or city. What will Mr. Burke say to that? In England, game belongs to people who do not pay to feed it. As for monopolies, they divide up the whole country. Every town with a charter is itself a monopoly controlled by a privileged few, and its chartered monopoly determines who can vote. Is that freedom? Is that what Mr. Burke means by a constitution?
In these chartered towns, a man from another part of the country is chased away as though he were a foreign enemy. An Englishman is not free in his own country. Each such town puts up a barrier and tells him he is not a free citizen and has no rights. There are further monopolies within these monopolies. In Bath, for example, a city of between twenty and thirty thousand inhabitants, about thirty-one people alone have the right to elect members of Parliament. And there are still more monopolies within those. In many cases, even someone born in the town cannot freely enter a trade if that person’s parents lacked the means to provide training for one, however able or hardworking that person may be.
Should a country like France, now freeing itself from oppression, follow these examples? Certainly not. I am sure that when English people think about them, they too will abolish these marks of old oppression and conquest, as France has done. If Mr. Burke had talents like the author of “On the Wealth of Nations,” he would understand all the individual parts that come together to form a constitution. He would reason from small details to the whole. His prejudices are not the only reason he cannot handle this subject. His thinking is also disordered. Even his mind has no constitution. His talent wanders without structure. Still, he has to say something. So he rises like a balloon, drawing the crowd’s eyes away from the ground under their feet.
There is much to learn from the French Constitution. William the Conqueror brought conquest and tyranny from Normandy to England, where their marks still disfigure the country. May the example of all France help restore the freedom that one of its provinces destroyed!
The French Constitution says that to protect the nation’s representatives from corruption, no member of the National Assembly may hold a government office, a paid government post, or a government pension. What can Mr. Burke set against this? I will whisper his answer: Loaves and Fishes. This system of handing out paid favors causes more harm than people have yet understood. The National Assembly has recognized the problem and offers the world an example. Governments could hardly have succeeded more thoroughly in using taxes to strip their countries of money if they had deliberately agreed to start quarrels for that purpose.
Everything about the English government seems to me the opposite of what it should be and what people claim it is. Though Parliament is elected unfairly and according to arbitrary rules, it is supposed to manage the nation’s money on the nation’s behalf. But the way an English Parliament is made up is like a man who both takes out a mortgage and holds that same mortgage. If he misuses what was entrusted to him, he is the wrongdoer sitting in judgment on himself. The people who vote to provide public funds are also the people who receive them. They must then account for the spending to themselves. This Comedy of Errors ends with a silent pantomime: Hush. Neither the government’s party nor the opposition will address the problem. Both take turns riding the national purse like a shared workhorse. Country people call this “Ride and tie—you ride a little way, and then I.”*5 France handles these matters better.
The French Constitution says that the nation has the right to decide on war and peace. Who else should have that right but the people who must pay the cost?
In England, this right is said to belong to a symbol that people can see at the Tower for sixpence or a shilling a piece. They can see the lions there too, and it would make a little more sense to give the right to the lions. A lifeless symbol has no more judgment than a hat or cap. We can see how absurd it was to worship Aaron’s molten calf or Nebuchadnezzar’s golden image. Why do people keep doing the same absurd things themselves while mocking others for them?
Given the way the English nation is represented, one can reasonably say it makes no difference whether the Crown or Parliament has the right to decide on war. In every country, war brings a rich harvest to those who divide and spend public money. It is a way to conquer people at home. Its purpose is to increase government revenue. Revenue cannot grow without taxes, so those in power need a pretext for spending. Anyone who examined the history of English government, its wars, and its taxes without prejudice or self-interest would say that taxes were not raised to pay for wars. Wars were started to justify taxes.
Part I, 7
18th-century English
Mr. Burke, as a member of the House of Commons, is a part of the English Government; and though he professes himself an enemy to war, he abuses the French Constitution, which seeks to explode it. He holds up the English Government as a model, in all its parts, to France; but he should first know the remarks which the French make upon it. They contend in favor of their own, that the portion of liberty enjoyed in England is just enough to enslave a country more productively than by despotism, and that as the real object of all despotism is revenue, a government so formed obtains more than it could do either by direct despotism, or in a full state of freedom, and is, therefore on the ground of interest, opposed to both. They account also for the readiness which always appears in such governments for engaging in wars by remarking on the different motives which produced them. In despotic governments wars are the effect of pride; but in those governments in which they become the means of taxation, they acquire thereby a more permanent promptitude.
The French Constitution, therefore, to provide against both these evils, has taken away the power of declaring war from kings and ministers, and placed the right where the expense must fall.
When the question of the right of war and peace was agitating in the National Assembly, the people of England appeared to be much interested in the event, and highly to applaud the decision. As a principle it applies as much to one country as another. William the Conqueror, as a conqueror, held this power of war and peace in himself, and his descendants have ever since claimed it under him as a right.
Although Mr. Burke has asserted the right of the Parliament at the Revolution to bind and control the nation and posterity for ever, he denies at the same time that the Parliament or the nation had any right to alter what he calls the succession of the crown in anything but in part, or by a sort of modification. By his taking this ground he throws the case back to the Norman Conquest, and by thus running a line of succession springing from William the Conqueror to the present day, he makes it necessary to enquire who and what William the Conqueror was, and where he came from, and into the origin, history and nature of what are called prerogatives. Everything must have had a beginning, and the fog of time and antiquity should be penetrated to discover it. Let, then, Mr. Burke bring forward his William of Normandy, for it is to this origin that his argument goes. It also unfortunately happens, in running this line of succession, that another line parallel thereto presents itself, which is that if the succession runs in the line of the conquest, the nation runs in the line of being conquered, and it ought to rescue itself from this reproach.
But it will perhaps be said that though the power of declaring war descends in the heritage of the conquest, it is held in check by the right of Parliament to withhold the supplies. It will always happen when a thing is originally wrong that amendments do not make it right, and it often happens that they do as much mischief one way as good the other, and such is the case here, for if the one rashly declares war as a matter of right, and the other peremptorily withholds the supplies as a matter of right, the remedy becomes as bad, or worse, than the disease. The one forces the nation to a combat, and the other ties its hands; but the more probable issue is that the contest will end in a collusion between the parties, and be made a screen to both.
On this question of war, three things are to be considered. First, the right of declaring it: secondly, the expense of supporting it: thirdly, the mode of conducting it after it is declared. The French Constitution places the right where the expense must fall, and this union can only be in the nation. The mode of conducting it after it is declared, it consigns to the executive department. Were this the case in all countries, we should hear but little more of wars.
Before I proceed to consider other parts of the French Constitution, and by way of relieving the fatigue of argument, I will introduce an anecdote which I had from Dr. Franklin.
While the Doctor resided in France as Minister from America, during the war, he had numerous proposals made to him by projectors of every country and of every kind, who wished to go to the land that floweth with milk and honey, America; and among the rest, there was one who offered himself to be king. He introduced his proposal to the Doctor by letter, which is now in the hands of M. Beaumarchais, of Paris—stating, first, that as the Americans had dismissed or sent away*6 their King, that they would want another. Secondly, that himself was a Norman. Thirdly, that he was of a more ancient family than the Dukes of Normandy, and of a more honorable descent, his line having never been bastardised. Fourthly, that there was already a precedent in England of kings coming out of Normandy, and on these grounds he rested his offer, enjoining that the Doctor would forward it to America. But as the Doctor neither did this, nor yet sent him an answer, the projector wrote a second letter, in which he did not, it is true, threaten to go over and conquer America, but only with great dignity proposed that if his offer was not accepted, an acknowledgment of about L30,000 might be made to him for his generosity! Now, as all arguments respecting succession must necessarily connect that succession with some beginning, Mr. Burke's arguments on this subject go to show that there is no English origin of kings, and that they are descendants of the Norman line in right of the Conquest. It may, therefore, be of service to his doctrine to make this story known, and to inform him, that in case of that natural extinction to which all mortality is subject, Kings may again be had from Normandy, on more reasonable terms than William the Conqueror; and consequently, that the good people of England, at the revolution of 1688, might have done much better, had such a generous Norman as this known their wants, and they had known his. The chivalric character which Mr. Burke so much admires, is certainly much easier to make a bargain with than a hard dealing Dutchman. But to return to the matters of the constitution: The French Constitution says, There shall be no titles; and, of consequence, all that class of equivocal generation which in some countries is called "aristocracy" and in others "nobility," is done away, and the peer is exalted into the Man.
Titles are but nicknames, and every nickname is a title. The thing is perfectly harmless in itself, but it marks a sort of foppery in the human character, which degrades it. It reduces man into the diminutive of man in things which are great, and the counterfeit of women in things which are little. It talks about its fine blue ribbon like a girl, and shows its new garter like a child. A certain writer, of some antiquity, says: "When I was a child, I thought as a child; but when I became a man, I put away childish things."
It is, properly, from the elevated mind of France that the folly of titles has fallen. It has outgrown the baby clothes of Count and Duke, and breeched itself in manhood. France has not levelled, it has exalted. It has put down the dwarf, to set up the man. The punyism of a senseless word like Duke, Count or Earl has ceased to please. Even those who possessed them have disowned the gibberish, and as they outgrew the rickets, have despised the rattle. The genuine mind of man, thirsting for its native home, society, contemns the gewgaws that separate him from it. Titles are like circles drawn by the magician's wand, to contract the sphere of man's felicity. He lives immured within the Bastille of a word, and surveys at a distance the envied life of man.
Is it, then, any wonder that titles should fall in France? Is it not a greater wonder that they should be kept up anywhere? What are they? What is their worth, and "what is their amount?" When we think or speak of a Judge or a General, we associate with it the ideas of office and character; we think of gravity in one and bravery in the other; but when we use the word merely as a title, no ideas associate with it. Through all the vocabulary of Adam there is not such an animal as a Duke or a Count; neither can we connect any certain ideas with the words. Whether they mean strength or weakness, wisdom or folly, a child or a man, or the rider or the horse, is all equivocal. What respect then can be paid to that which describes nothing, and which means nothing? Imagination has given figure and character to centaurs, satyrs, and down to all the fairy tribe; but titles baffle even the powers of fancy, and are a chimerical nondescript.
But this is not all. If a whole country is disposed to hold them in contempt, all their value is gone, and none will own them. It is common opinion only that makes them anything, or nothing, or worse than nothing. There is no occasion to take titles away, for they take themselves away when society concurs to ridicule them. This species of imaginary consequence has visibly declined in every part of Europe, and it hastens to its exit as the world of reason continues to rise. There was a time when the lowest class of what are called nobility was more thought of than the highest is now, and when a man in armour riding throughout Christendom in quest of adventures was more stared at than a modern Duke. The world has seen this folly fall, and it has fallen by being laughed at, and the farce of titles will follow its fate. The patriots of France have discovered in good time that rank and dignity in society must take a new ground. The old one has fallen through. It must now take the substantial ground of character, instead of the chimerical ground of titles; and they have brought their titles to the altar, and made of them a burnt-offering to Reason.
If no mischief had annexed itself to the folly of titles they would not have been worth a serious and formal destruction, such as the National Assembly have decreed them; and this makes it necessary to enquire farther into the nature and character of aristocracy.
That, then, which is called aristocracy in some countries and nobility in others arose out of the governments founded upon conquest. It was originally a military order for the purpose of supporting military government (for such were all governments founded in conquest); and to keep up a succession of this order for the purpose for which it was established, all the younger branches of those families were disinherited and the law of primogenitureship set up.
The nature and character of aristocracy shows itself to us in this law. It is the law against every other law of nature, and Nature herself calls for its destruction. Establish family justice, and aristocracy falls. By the aristocratical law of primogenitureship, in a family of six children five are exposed. Aristocracy has never more than one child. The rest are begotten to be devoured. They are thrown to the cannibal for prey, and the natural parent prepares the unnatural repast.
As everything which is out of nature in man affects, more or less, the interest of society, so does this. All the children which the aristocracy disowns (which are all except the eldest) are, in general, cast like orphans on a parish, to be provided for by the public, but at a greater charge. Unnecessary offices and places in governments and courts are created at the expense of the public to maintain them.
With what kind of parental reflections can the father or mother contemplate their younger offspring? By nature they are children, and by marriage they are heirs; but by aristocracy they are bastards and orphans. They are the flesh and blood of their parents in the one line, and nothing akin to them in the other. To restore, therefore, parents to their children, and children to their parents relations to each other, and man to society—and to exterminate the monster aristocracy, root and branch—the French Constitution has destroyed the law of Primogenitureship. Here then lies the monster; and Mr. Burke, if he pleases, may write its epitaph.
Hitherto we have considered aristocracy chiefly in one point of view. We have now to consider it in another. But whether we view it before or behind, or sideways, or any way else, domestically or publicly, it is still a monster.
In France aristocracy had one feature less in its countenance than what it has in some other countries. It did not compose a body of hereditary legislators. It was not "a corporation of aristocracy," for such I have heard M. de la Fayette describe an English House of Peers. Let us then examine the grounds upon which the French Constitution has resolved against having such a House in France.
Because, in the first place, as is already mentioned, aristocracy is kept up by family tyranny and injustice.
Secondly. Because there is an unnatural unfitness in an aristocracy to be legislators for a nation. Their ideas of distributive justice are corrupted at the very source. They begin life by trampling on all their younger brothers and sisters, and relations of every kind, and are taught and educated so to do. With what ideas of justice or honour can that man enter a house of legislation, who absorbs in his own person the inheritance of a whole family of children or doles out to them some pitiful portion with the insolence of a gift?
Thirdly. Because the idea of hereditary legislators is as inconsistent as that of hereditary judges, or hereditary juries; and as absurd as an hereditary mathematician, or an hereditary wise man; and as ridiculous as an hereditary poet laureate.
Fourthly. Because a body of men, holding themselves accountable to nobody, ought not to be trusted by anybody.
Fifthly. Because it is continuing the uncivilised principle of governments founded in conquest, and the base idea of man having property in man, and governing him by personal right.
Sixthly. Because aristocracy has a tendency to deteriorate the human species. By the universal economy of nature it is known, and by the instance of the Jews it is proved, that the human species has a tendency to degenerate, in any small number of persons, when separated from the general stock of society, and inter-marrying constantly with each other. It defeats even its pretended end, and becomes in time the opposite of what is noble in man. Mr. Burke talks of nobility; let him show what it is. The greatest characters the world have known have arisen on the democratic floor. Aristocracy has not been able to keep a proportionate pace with democracy. The artificial Noble shrinks into a dwarf before the Noble of Nature; and in the few instances of those (for there are some in all countries) in whom nature, as by a miracle, has survived in aristocracy, Those Men Despise It.—But it is time to proceed to a new subject.
English
Mr. Burke is a member of the House of Commons, so he is part of the English government. Although he says he opposes war, he attacks the French Constitution, which tries to put an end to it. He presents every part of the English government as a model for France. But first he should learn what the French say about that government. In defense of their own, they argue that England gives people just enough freedom to make their enslavement more profitable than outright despotism. Since every despotism ultimately seeks revenue, this kind of government collects more than either an outright despotism or a fully free country could. For that financial reason, it opposes both. The French also explain why such governments are always so ready to go to war by pointing to the different reasons wars begin. In despotic governments, wars come from pride. But where war provides a way to raise taxes, the incentive to start wars lasts longer.
The French Constitution therefore guards against both problems. It takes the power to declare war away from kings and ministers and gives that right to those who must pay the cost.
When the National Assembly debated who should have the right to decide on war and peace, people in England seemed deeply interested in the outcome and strongly approved its decision. The principle applies as much to one country as to another. William the Conqueror held the power to decide on war and peace because he was a conqueror. His descendants have claimed it as an inherited right ever since.
Mr. Burke claims that Parliament at the Revolution had the right to bind and control the nation and all future generations forever. Yet he also denies that Parliament or the nation had the right to change what he calls the succession to the crown, except partly or by some limited adjustment. This position takes us back to the Norman Conquest. By tracing an unbroken line from William the Conqueror to today, he makes us ask who William was, where he came from, and how the powers called royal prerogatives began and developed. Everything has a beginning. We should look through the fog of age and tradition to find it. Let Mr. Burke, then, produce his William of Normandy, since that is where his argument leads. Unfortunately for his argument, this line of succession has a parallel: if the succession follows the line of conquest, the nation follows the line of the conquered. The nation should free itself from that disgrace.
Someone may say that, even if the power to declare war was inherited from the conquest, Parliament can restrain it by refusing funds. But when something is wrong from the start, amendments do not make it right. They often cause as much harm in one direction as they prevent in another. That is what happens here. If one side rashly declares war as its right and the other firmly refuses funding as its right, the cure becomes as bad as, or worse than, the disease. One side forces the nation into a fight; the other ties its hands. More likely, the two sides will secretly come to an agreement and use their conflict as cover for both of them.
There are three things to consider about war. First, who has the right to declare it; second, who pays for it; and third, who directs it once it has been declared. The French Constitution gives the right to those who bear the expense. Only the nation can unite those two roles. Once war is declared, the constitution gives its direction to the executive branch. If every country did this, we would hear much less about wars.
Before I examine other parts of the French Constitution, I will offer a story Dr. Franklin told me, to give us a break from argument.
While Dr. Franklin lived in France as America's minister during the war, people from every country brought him all kinds of proposals. They wanted to go to America, the land flowing with milk and honey. Among them was a man who offered to become king. He sent the Doctor a letter, now held by M. Beaumarchais of Paris. He began by saying that since the Americans had dismissed or sent away*6 their king, they would need another. Second, he was a Norman. Third, his family was older than the Dukes of Normandy and his ancestry more honorable, since his line had never included an illegitimate birth. Fourth, England already had a precedent for kings coming from Normandy. On those grounds he made his offer and told the Doctor to send it to America. The Doctor neither sent it nor replied. So the man wrote again. He did not actually threaten to cross the ocean and conquer America. Instead, with great dignity, he proposed that if his offer was refused, he might receive about L30,000 as a token of appreciation for his generosity! Every argument about succession must trace that succession to a beginning. Mr. Burke's arguments therefore imply that English kings have no English origin: they descend from the Norman line through the right of conquest. It may help his doctrine to publicize this story and let him know that, if the royal line dies out—as all mortal lines can—Normandy can again supply kings, on better terms than William the Conqueror offered. The good people of England might therefore have done much better at the revolution of 1688 if this generous Norman had known what they needed and they had known what he offered. The chivalrous character Mr. Burke admires is certainly easier to bargain with than a tough Dutch negotiator. But back to the constitution. The French Constitution says there will be no titles. That removes the whole class of uncertain origin called "aristocracy" in some countries and "nobility" in others. It raises the peer to the status of a human being.
Titles are just nicknames, and every nickname is a title. In themselves they are harmless. But they reveal a kind of human vanity that lowers a person. They make a man a lesser version of himself in important matters, and a caricature of women in trivial ones. He talks about his fine blue ribbon like a girl and displays his new garter like a child. A writer from long ago says: "When I was a child, I thought as a child; but when I became a man, I put away childish things."
France's change in attitude is what brought down the foolish practice of titles. France has outgrown the baby clothes of Count and Duke and put on the clothes of adulthood. It has not lowered people; it has raised them. It has removed the dwarf to make room for the man. Feeble words like Duke, Count, and Earl no longer appeal. Even their former holders have rejected the nonsense. As they recovered from the stunted growth it caused, they came to despise its toy rattle. A true human mind longs to return to its natural home, society, and looks down on the trinkets that separate it from others. Titles are like circles drawn with a magician's wand, shrinking the space in which a person can be happy. A titled man lives walled up inside the Bastille of a word and watches ordinary human life from a distance, envying it.
Is it surprising that titles have fallen in France? Isn't it more surprising that they survive anywhere? What are they? What are they worth, and "what is their amount?" When we speak of a Judge or a General, we think of a position and a character: seriousness in one case, bravery in the other. But when such a word is only a title, it brings no ideas to mind. In all the words Adam could name things with, there is no creature called a Duke or a Count. Nor can we attach any clear idea to those words. Do they mean strength or weakness, wisdom or foolishness, a child or a man, a rider or a horse? We cannot tell. Why respect something that describes and means nothing? The imagination can give shape and character to centaurs, satyrs, and every kind of fairy. Titles defeat even the imagination: they are imaginary things that cannot be described.
And there is more. If a whole country chooses to scorn titles, they lose all value and nobody wants one. Public opinion alone makes them worth something, nothing, or worse than nothing. Nobody needs to take titles away: they disappear on their own when society agrees to laugh at them. This imaginary importance has visibly declined across Europe, and it is disappearing faster as reason spreads. Once, people thought more highly of the lowest class of so-called nobility than they now think of its highest class. An armored man riding across Christendom looking for adventures once drew more attention than a modern Duke. The world has watched that foolishness die from ridicule, and titles will meet the same fate. France's patriots have realized in time that social standing and dignity need a new basis. The old one has collapsed. Standing must now rest on a person's character, not the illusion of a title. The patriots have brought their titles to the altar and burned them as an offering to Reason.
If titles were merely foolish and caused no harm, they would not deserve the serious, formal abolition ordered by the National Assembly. Their harmful effects make it necessary to look more closely at the nature of aristocracy.
What some countries call aristocracy and others call nobility began in governments founded on conquest. Originally it was a military class meant to support military government, as all governments founded on conquest were. To keep that class going for its original purpose, the younger children of those families were disinherited, and the rule that the eldest child inherits was established.
This rule reveals what aristocracy is like. It goes against every other law of nature, and nature itself demands its destruction. Give families fair treatment, and aristocracy falls. Under the aristocratic rule of inheritance by the eldest, five children out of a family of six are left with nothing. Aristocracy only ever has one child. The others are born to be eaten. They are thrown to a cannibal, and their own parent prepares this unnatural meal.
Everything unnatural in human behavior affects society to some degree, and this does too. Generally, all the children aristocracy rejects—that is, all but the eldest—are left like orphans for the local parish and the public to support, at a greater cost. Unneeded government and court jobs are created at public expense to maintain them.
How can a father or mother think about their younger children? By nature they are children, and through their parents' marriage they are heirs. But under aristocracy they are treated as illegitimate children and orphans. In one sense they are their parents' flesh and blood; in the other, they are treated as no relation at all. The French Constitution has therefore abolished inheritance by the eldest child. It has done this to restore parents and children to one another, restore people to society, and destroy the monster of aristocracy, roots and all. There lies the monster. Mr. Burke may write its epitaph if he likes.
So far we have looked at aristocracy mainly from one angle. Now we must look from another. But whether we look at it from the front, the back, or the side, in private life or public life, it remains a monster.
In France, aristocracy lacked one feature found in some other countries: it did not form a body of lawmakers whose seats passed down through families. It was not "a corporation of aristocracy," as I have heard M. de la Fayette call the English House of Peers. Let us examine why the French Constitution rejects such a house in France.
First, as already noted, aristocracy survives through tyranny and injustice within families.
Second, aristocrats are particularly unsuited to make laws for a nation. Their idea of fair treatment is corrupted at its source. They begin life by trampling on their younger brothers, sisters, and other relatives. They are taught to do it. What sense of justice or honor can a man bring into a legislature if he takes for himself the inheritance meant for a whole family of children, or arrogantly hands the others a miserable portion as if it were a gift?
Third, lawmakers who inherit their seats make no more sense than judges or juries who inherit theirs. They are as absurd as a hereditary mathematician or wise person, and as ridiculous as a hereditary poet laureate.
Fourth, no one should trust a group of men who believe they answer to nobody.
Fifth, this keeps alive the uncivilized principle behind governments founded on conquest: the degrading idea that one person can own another and rule him by personal right.
Sixth, aristocracy tends to make the human species worse. According to the general workings of nature, as the example of the Jews proves, a small group separated from the rest of society and constantly marrying within the group tends to degenerate. Aristocracy even defeats its own stated purpose and eventually becomes the opposite of what is noble in human beings. Mr. Burke talks about nobility. Let him show us what it is. The greatest people the world has known have come from the common people. Aristocracy has not kept pace with democracy. The artificially made Noble shrinks to a dwarf beside a person who is noble by nature. A few such people do exist within the aristocracy, as they do in every country. In them, nature has survived aristocracy almost miraculously—and those people despise it. But it is time for a new subject.
Part I, 8
18th-century English
The French Constitution has reformed the condition of the clergy. It has raised the income of the lower and middle classes, and taken from the higher. None are now less than twelve hundred livres (fifty pounds sterling), nor any higher than two or three thousand pounds. What will Mr. Burke place against this? Hear what he says.
He says: "That the people of England can see without pain or grudging, an archbishop precede a duke; they can see a Bishop of Durham, or a Bishop of Winchester in possession of L10,000 a-year; and cannot see why it is in worse hands than estates to a like amount, in the hands of this earl or that squire." And Mr. Burke offers this as an example to France.
As to the first part, whether the archbishop precedes the duke, or the duke the bishop, it is, I believe, to the people in general, somewhat like Sternhold and Hopkins, or Hopkins and Sternhold; you may put which you please first; and as I confess that I do not understand the merits of this case, I will not contest it with Mr. Burke.
But with respect to the latter, I have something to say. Mr. Burke has not put the case right. The comparison is out of order, by being put between the bishop and the earl or the squire. It ought to be put between the bishop and the curate, and then it will stand thus:—"The people of England can see without pain or grudging, a Bishop of Durham, or a Bishop of Winchester, in possession of ten thousand pounds a-year, and a curate on thirty or forty pounds a-year, or less." No, sir, they certainly do not see those things without great pain or grudging. It is a case that applies itself to every man's sense of justice, and is one among many that calls aloud for a constitution.
In France the cry of "the church! the church!" was repeated as often as in Mr. Burke's book, and as loudly as when the Dissenters' Bill was before the English Parliament; but the generality of the French clergy were not to be deceived by this cry any longer. They knew that whatever the pretence might be, it was they who were one of the principal objects of it. It was the cry of the high beneficed clergy, to prevent any regulation of income taking place between those of ten thousand pounds a-year and the parish priest. They therefore joined their case to those of every other oppressed class of men, and by this union obtained redress.
The French Constitution has abolished tythes, that source of perpetual discontent between the tythe-holder and the parishioner. When land is held on tythe, it is in the condition of an estate held between two parties; the one receiving one-tenth, and the other nine-tenths of the produce: and consequently, on principles of equity, if the estate can be improved, and made to produce by that improvement double or treble what it did before, or in any other ratio, the expense of such improvement ought to be borne in like proportion between the parties who are to share the produce. But this is not the case in tythes: the farmer bears the whole expense, and the tythe-holder takes a tenth of the improvement, in addition to the original tenth, and by this means gets the value of two-tenths instead of one. This is another case that calls for a constitution.
The French Constitution hath abolished or renounced Toleration and Intolerance also, and hath established Universal Right Of Conscience.
Toleration is not the opposite of Intolerance, but is the counterfeit of it. Both are despotisms. The one assumes to itself the right of withholding Liberty of Conscience, and the other of granting it. The one is the Pope armed with fire and faggot, and the other is the Pope selling or granting indulgences. The former is church and state, and the latter is church and traffic.
But Toleration may be viewed in a much stronger light. Man worships not himself, but his Maker; and the liberty of conscience which he claims is not for the service of himself, but of his God. In this case, therefore, we must necessarily have the associated idea of two things; the mortal who renders the worship, and the Immortal Being who is worshipped. Toleration, therefore, places itself, not between man and man, nor between church and church, nor between one denomination of religion and another, but between God and man; between the being who worships, and the Being who is worshipped; and by the same act of assumed authority which it tolerates man to pay his worship, it presumptuously and blasphemously sets itself up to tolerate the Almighty to receive it.
Were a bill brought into any Parliament, entitled, "An Act to tolerate or grant liberty to the Almighty to receive the worship of a Jew or Turk," or "to prohibit the Almighty from receiving it," all men would startle and call it blasphemy. There would be an uproar. The presumption of toleration in religious matters would then present itself unmasked; but the presumption is not the less because the name of "Man" only appears to those laws, for the associated idea of the worshipper and the worshipped cannot be separated. Who then art thou, vain dust and ashes! by whatever name thou art called, whether a King, a Bishop, a Church, or a State, a Parliament, or anything else, that obtrudest thine insignificance between the soul of man and its Maker? Mind thine own concerns. If he believes not as thou believest, it is a proof that thou believest not as he believes, and there is no earthly power can determine between you.
With respect to what are called denominations of religion, if every one is left to judge of its own religion, there is no such thing as a religion that is wrong; but if they are to judge of each other's religion, there is no such thing as a religion that is right; and therefore all the world is right, or all the world is wrong. But with respect to religion itself, without regard to names, and as directing itself from the universal family of mankind to the Divine object of all adoration, it is man bringing to his Maker the fruits of his heart; and though those fruits may differ from each other like the fruits of the earth, the grateful tribute of every one is accepted.
A Bishop of Durham, or a Bishop of Winchester, or the archbishop who heads the dukes, will not refuse a tythe-sheaf of wheat because it is not a cock of hay, nor a cock of hay because it is not a sheaf of wheat; nor a pig, because it is neither one nor the other; but these same persons, under the figure of an established church, will not permit their Maker to receive the varied tythes of man's devotion.
One of the continual choruses of Mr. Burke's book is "Church and State." He does not mean some one particular church, or some one particular state, but any church and state; and he uses the term as a general figure to hold forth the political doctrine of always uniting the church with the state in every country, and he censures the National Assembly for not having done this in France. Let us bestow a few thoughts on this subject.
All religions are in their nature kind and benign, and united with principles of morality. They could not have made proselytes at first by professing anything that was vicious, cruel, persecuting, or immoral. Like everything else, they had their beginning; and they proceeded by persuasion, exhortation, and example. How then is it that they lose their native mildness, and become morose and intolerant?
It proceeds from the connection which Mr. Burke recommends. By engendering the church with the state, a sort of mule-animal, capable only of destroying, and not of breeding up, is produced, called the Church established by Law. It is a stranger, even from its birth, to any parent mother, on whom it is begotten, and whom in time it kicks out and destroys.
The inquisition in Spain does not proceed from the religion originally professed, but from this mule-animal, engendered between the church and the state. The burnings in Smithfield proceeded from the same heterogeneous production; and it was the regeneration of this strange animal in England afterwards, that renewed rancour and irreligion among the inhabitants, and that drove the people called Quakers and Dissenters to America. Persecution is not an original feature in any religion; but it is alway the strongly-marked feature of all law-religions, or religions established by law. Take away the law-establishment, and every religion re-assumes its original benignity. In America, a catholic priest is a good citizen, a good character, and a good neighbour; an episcopalian minister is of the same description: and this proceeds independently of the men, from there being no law-establishment in America.
If also we view this matter in a temporal sense, we shall see the ill effects it has had on the prosperity of nations. The union of church and state has impoverished Spain. The revoking the edict of Nantes drove the silk manufacture from that country into England; and church and state are now driving the cotton manufacture from England to America and France. Let then Mr. Burke continue to preach his antipolitical doctrine of Church and State. It will do some good. The National Assembly will not follow his advice, but will benefit by his folly. It was by observing the ill effects of it in England, that America has been warned against it; and it is by experiencing them in France, that the National Assembly have abolished it, and, like America, have established Universal Right Of Conscience, And Universal Right Of Citizenship.*7
I will here cease the comparison with respect to the principles of the French Constitution, and conclude this part of the subject with a few observations on the organisation of the formal parts of the French and English governments.
The executive power in each country is in the hands of a person styled the King; but the French Constitution distinguishes between the King and the Sovereign: It considers the station of King as official, and places Sovereignty in the nation.
The representatives of the nation, who compose the National Assembly, and who are the legislative power, originate in and from the people by election, as an inherent right in the people.—In England it is otherwise; and this arises from the original establishment of what is called its monarchy; for, as by the conquest all the rights of the people or the nation were absorbed into the hands of the Conqueror, and who added the title of King to that of Conqueror, those same matters which in France are now held as rights in the people, or in the nation, are held in England as grants from what is called the crown. The Parliament in England, in both its branches, was erected by patents from the descendants of the Conqueror. The House of Commons did not originate as a matter of right in the people to delegate or elect, but as a grant or boon.
THE WRITINGS OF THOMAS PAINE
VOLUME II.
By the French Constitution the nation is always named before the king. The third article of the declaration of rights says: "The nation is essentially the source (or fountain) of all sovereignty." Mr. Burke argues that in England a king is the fountain—that he is the fountain of all honour. But as this idea is evidently descended from the conquest I shall make no other remark upon it, than that it is the nature of conquest to turn everything upside down; and as Mr. Burke will not be refused the privilege of speaking twice, and as there are but two parts in the figure, the fountain and the spout, he will be right the second time.
The French Constitution puts the legislative before the executive, the law before the king; la loi, le roi. This also is in the natural order of things, because laws must have existence before they can have execution.
A king in France does not, in addressing himself to the National Assembly, say, "My Assembly," similar to the phrase used in England of my "Parliament"; neither can he use it consistently with the constitution, nor could it be admitted. There may be propriety in the use of it in England, because as is before mentioned, both Houses of Parliament originated from what is called the crown by patent or boon—and not from the inherent rights of the people, as the National Assembly does in France, and whose name designates its origin.
The President of the National Assembly does not ask the King to grant to the Assembly liberty of speech, as is the case with the English House of Commons. The constitutional dignity of the National Assembly cannot debase itself. Speech is, in the first place, one of the natural rights of man always retained; and with respect to the National Assembly the use of it is their duty, and the nation is their authority. They were elected by the greatest body of men exercising the right of election the European world ever saw. They sprung not from the filth of rotten boroughs, nor are they the vassal representatives of aristocratical ones. Feeling the proper dignity of their character they support it. Their Parliamentary language, whether for or against a question, is free, bold and manly, and extends to all the parts and circumstances of the case. If any matter or subject respecting the executive department or the person who presides in it (the king) comes before them it is debated on with the spirit of men, and in the language of gentlemen; and their answer or their address is returned in the same style. They stand not aloof with the gaping vacuity of vulgar ignorance, nor bend with the cringe of sycophantic insignificance. The graceful pride of truth knows no extremes, and preserves, in every latitude of life, the right-angled character of man.
Let us now look to the other side of the question. In the addresses of the English Parliaments to their kings we see neither the intrepid spirit of the old Parliaments of France, nor the serene dignity of the present National Assembly; neither do we see in them anything of the style of English manners, which border somewhat on bluntness. Since then they are neither of foreign extraction, nor naturally of English production, their origin must be sought for elsewhere, and that origin is the Norman Conquest. They are evidently of the vassalage class of manners, and emphatically mark the prostrate distance that exists in no other condition of men than between the conqueror and the conquered. That this vassalage idea and style of speaking was not got rid of even at the Revolution of 1688, is evident from the declaration of Parliament to William and Mary in these words: "We do most humbly and faithfully submit ourselves, our heirs and posterities, for ever." Submission is wholly a vassalage term, repugnant to the dignity of freedom, and an echo of the language used at the Conquest.
English
The French Constitution has changed the position of the clergy. It has raised the incomes of clergy at the lower and middle levels and reduced those at the top. No one now receives less than twelve hundred livres (fifty pounds sterling), and no one receives more than two or three thousand pounds. What can Mr. Burke offer in response? Listen to him.
He says: "That the people of England can see without pain or grudging, an archbishop precede a duke; they can see a Bishop of Durham, or a Bishop of Winchester in possession of L10,000 a-year; and cannot see why it is in worse hands than estates to a like amount, in the hands of this earl or that squire." Mr. Burke offers this as an example for France.
As for whether an archbishop comes before a duke or a duke comes before a bishop, I think most people care about as much as they care whether the names Sternhold and Hopkins come in that order or Hopkins and Sternhold. Put whichever one you like first. I admit I do not understand why either order matters, so I will not argue with Mr. Burke about it.
But I have something to say about the rest. Mr. Burke has framed the question incorrectly. It makes no sense to compare the bishop with an earl or a squire. He should compare the bishop with a curate. Then the claim becomes: "The people of England can see without pain or grudging, a Bishop of Durham, or a Bishop of Winchester, in possession of ten thousand pounds a-year, and a curate on thirty or forty pounds a-year, or less." No, sir. People certainly do not see this without deep resentment. Everyone can recognize the injustice. It is one of many cases that cry out for a constitution.
In France, people shouted "the church! the church!" as often as Mr. Burke does in his book, and as loudly as they did when the Dissenters' Bill came before the English Parliament. But most French clergy would no longer be fooled by that cry. They knew that, whatever its stated purpose, they were among its main targets. It came from clergy with highly paid positions who wanted to stop any adjustment to the difference between their ten thousand pounds a year and a parish priest's income. The less wealthy clergy therefore joined forces with every other oppressed group and gained relief together.
The French Constitution has abolished tithes, a constant cause of conflict between the person collecting the tithe and the parishioner. Land subject to a tithe is effectively an estate shared by two parties. One receives one-tenth of its produce, the other nine-tenths. Fairness requires them to share the cost of improving the estate in the same proportions as they share its produce, whether an improvement doubles or triples the yield or raises it by any other amount. But that is not what happens with tithes. The farmer pays the entire cost of improving the land. The tithe-holder takes one-tenth of the additional produce as well as one-tenth of the original yield. He thus receives the value of two tenths instead of one. Here is another reason a constitution is needed.
The French Constitution has also done away with both Toleration and Intolerance. It has established a universal right to freedom of conscience.
Toleration is not the opposite of Intolerance. It is a disguised version of it. Both are forms of despotism. One claims the right to deny freedom of conscience, and the other claims the right to grant it. One is the Pope armed with fire and bundles of wood for burning people; the other is the Pope selling or granting indulgences. The first is church joined with state; the second is church turned into a business.
But there is an even stronger objection to Toleration. A person worships his Maker, not himself. He claims freedom of conscience in order to serve God, not himself. So two beings are necessarily involved: the mortal person offering worship and the immortal Being receiving it. Toleration therefore places itself not between one person and another, one church and another, or one religious denomination and another. It puts itself between God and a person—between the worshipper and the worshipped. When it assumes the authority to allow a person to worship, it also presumptuously and blasphemously claims the authority to allow the Almighty to receive that worship.
Suppose any Parliament considered a bill called "An Act to tolerate or grant liberty to the Almighty to receive the worship of a Jew or Turk," or one called "An Act to prohibit the Almighty from receiving it." Everyone would be shocked and call it blasphemy. There would be an uproar. Then the arrogance behind religious toleration would be plain to see. That arrogance is no less real when such laws name only "Man." The worshipper and the one worshipped cannot be separated in our minds. Who are you, vain dust and ashes, whatever your title—King, Bishop, Church, State, Parliament, or anything else—to force your small self between a person's soul and its Maker? Attend to your own affairs. If he does not believe what you believe, you do not believe what he believes either. No earthly power can decide which of you is right.
As for the different religious denominations, if each one judges only its own religion, no religion is wrong. If each judges the religions of others, no religion is right. So either everyone is right or everyone is wrong. But consider religion itself, whatever its name, as the worship humanity as a whole offers to God. A person brings his Maker what his heart produces. Those offerings may differ as much as the fruits of the earth, but each person's grateful gift is accepted.
A Bishop of Durham or Winchester, or the archbishop who takes precedence over dukes, will not refuse a sheaf of wheat paid as a tithe because it is not a haycock. Nor will he refuse a haycock because it is not wheat, or a pig because it is neither. Yet those same people, acting as an established church, will not allow their Maker to receive the varied offerings of human devotion.
"Church and State" is one of the constant refrains of Mr. Burke's book. He does not mean a particular church or state. He uses the phrase to promote the general political doctrine that church and state must always be joined in every country. He criticizes the National Assembly for not joining them in France. Let us think about this for a moment.
All religions are gentle and kind by nature and are linked to moral principles. They could not originally have gained followers by announcing that they were cruel, oppressive, immoral, or eager to persecute. Like everything else, they had a beginning, and they grew through persuasion, encouragement, and example. How, then, do they lose their original gentleness and become harsh and intolerant?
The cause is the connection Mr. Burke recommends. Joining church to state produces a kind of mule, an animal that can destroy but cannot reproduce. It is called the Church established by Law. From birth it is alien to the mother that gave rise to it. Eventually it kicks her out and destroys her.
The Spanish Inquisition did not come from the religion people originally practiced. It came from this mule produced by church and state. The burnings in Smithfield came from the same mixed creature. When it was bred again later in England, it revived bitterness and hostility to religion among the people and drove the Quakers and Dissenters to America. Persecution is not an original feature of any religion. But it is always a striking feature of religions established by law. Remove legal establishment, and every religion returns to its original kindness. In America, a Catholic priest is a good citizen, a person of good character, and a good neighbor. An Episcopalian minister is too. That comes not from the particular individuals, but from the absence of any legally established religion in America.
Look at the material effects as well, and we can see how this union has damaged the prosperity of nations. Joining church and state has made Spain poorer. Repealing the Edict of Nantes drove silk manufacturing out of that country and into England. Now church and state are driving cotton manufacturing from England to America and France. Let Mr. Burke keep preaching his doctrine against sound politics, Church and State. It will do some good. The National Assembly will not take his advice, but it will learn from his foolishness. America saw the harm this arrangement caused in England and avoided it. The National Assembly has experienced its harm in France and abolished it. Like America, France has established universal freedom of conscience and universal rights of citizenship.*7
I will stop comparing the principles of the French Constitution with those of England here. I will close this part with a few remarks about the way the French and English governments are formally organized.
In both countries, executive power belongs to someone called the King. But the French Constitution distinguishes the King from the sovereign. It treats kingship as an office and locates sovereignty in the nation.
The representatives who make up the National Assembly hold legislative power. They come from the people through elections, which the people possess as an inherent right. England is different, because of how its monarchy was originally established. The conquest placed all the people's and the nation's rights in the hands of the Conqueror, who added the title of King to that of Conqueror. As a result, rights now held by the people or the nation in France are treated in England as gifts from what is called the crown. Both houses of England's Parliament were established by patents issued by the Conqueror's descendants. The House of Commons did not begin as an expression of the people's right to choose representatives. It began as a grant or favor.
The French Constitution always names the nation before the king. The third article of the declaration of rights says: "The nation is essentially the source (or fountain) of all sovereignty." Mr. Burke argues that in England the king is the fountain—the source of all honor. This notion plainly comes from the conquest. I will say only that conquest turns everything upside down. Mr. Burke may speak twice, since his image has only two parts, a fountain and a spout. He will get it right the second time.
The French Constitution puts the legislature before the executive, and the law before the king: la loi, le roi. This is the natural order too, since a law must exist before anyone can carry it out.
When a French king addresses the National Assembly, he does not call it "My Assembly," as English kings speak of "my Parliament." He could not properly use that phrase under the constitution, and it would not be accepted. It might be appropriate in England. As I said, both houses of Parliament began as grants or favors from the crown, not as expressions of the people's inherent rights. The National Assembly does come from those rights, as its name makes clear.
The President of the National Assembly does not ask the King to give its members freedom of speech, as the English House of Commons does. The National Assembly's standing under the constitution will not allow it to lower itself that way. Freedom of speech is a natural right that people always keep. For the Assembly, speaking is also a duty, authorized by the nation. Its members were elected by more voters than Europe had ever seen participating in an election. They did not emerge from the corruption of rotten boroughs, nor do they represent aristocratic boroughs as dependents. They know the dignity of their position and uphold it. Whether they support or oppose a proposal, they speak freely, boldly, and as adults, addressing every aspect and circumstance of it. If a matter involving the executive branch or the king who heads it comes before them, they debate it with courage and courtesy. They respond to the king or address him in the same way. They do not stand at a distance, gaping in ignorant emptiness, or stoop to servile flattery. Truth has a graceful pride that avoids both extremes and keeps a human being upright in every walk of life.
Now consider the other side. Addresses from English Parliaments to their kings show neither the fearless spirit of France's old Parliaments nor the calm dignity of today's National Assembly. They also show none of the English manner of speaking, which tends toward bluntness. Since the style comes from neither France nor England's own character, we must look elsewhere for its source: the Norman Conquest. It plainly belongs to the manner of subjects under a conqueror. It marks the humiliating distance between conqueror and conquered, unlike any other relationship between people. The Revolution of 1688 did not even remove that servile way of thinking and speaking. Parliament declared to William and Mary: "We do most humbly and faithfully submit ourselves, our heirs and posterities, for ever." Submission is the language of subjection. It goes against the dignity of freedom and echoes the words spoken at the Conquest.
Part I, 9
18th-century English
As the estimation of all things is given by comparison, the Revolution of 1688, however from circumstances it may have been exalted beyond its value, will find its level. It is already on the wane, eclipsed by the enlarging orb of reason, and the luminous revolutions of America and France. In less than another century it will go, as well as Mr. Burke's labours, "to the family vault of all the Capulets." Mankind will then scarcely believe that a country calling itself free would send to Holland for a man, and clothe him with power on purpose to put themselves in fear of him, and give him almost a million sterling a year for leave to submit themselves and their posterity, like bondmen and bondwomen, for ever.
But there is a truth that ought to be made known; I have had the opportunity of seeing it; which is, that notwithstanding appearances, there is not any description of men that despise monarchy so much as courtiers. But they well know, that if it were seen by others, as it is seen by them, the juggle could not be kept up; they are in the condition of men who get their living by a show, and to whom the folly of that show is so familiar that they ridicule it; but were the audience to be made as wise in this respect as themselves, there would be an end to the show and the profits with it. The difference between a republican and a courtier with respect to monarchy, is that the one opposes monarchy, believing it to be something; and the other laughs at it, knowing it to be nothing.
As I used sometimes to correspond with Mr. Burke believing him then to be a man of sounder principles than his book shows him to be, I wrote to him last winter from Paris, and gave him an account how prosperously matters were going on. Among other subjects in that letter, I referred to the happy situation the National Assembly were placed in; that they had taken ground on which their moral duty and their political interest were united. They have not to hold out a language which they do not themselves believe, for the fraudulent purpose of making others believe it. Their station requires no artifice to support it, and can only be maintained by enlightening mankind. It is not their interest to cherish ignorance, but to dispel it. They are not in the case of a ministerial or an opposition party in England, who, though they are opposed, are still united to keep up the common mystery. The National Assembly must throw open a magazine of light. It must show man the proper character of man; and the nearer it can bring him to that standard, the stronger the National Assembly becomes.
In contemplating the French Constitution, we see in it a rational order of things. The principles harmonise with the forms, and both with their origin. It may perhaps be said as an excuse for bad forms, that they are nothing more than forms; but this is a mistake. Forms grow out of principles, and operate to continue the principles they grow from. It is impossible to practise a bad form on anything but a bad principle. It cannot be ingrafted on a good one; and wherever the forms in any government are bad, it is a certain indication that the principles are bad also.
I will here finally close this subject. I began it by remarking that Mr. Burke had voluntarily declined going into a comparison of the English and French Constitutions. He apologises (in page 241) for not doing it, by saying that he had not time. Mr. Burke's book was upwards of eight months in hand, and is extended to a volume of three hundred and sixty-six pages. As his omission does injury to his cause, his apology makes it worse; and men on the English side of the water will begin to consider, whether there is not some radical defect in what is called the English constitution, that made it necessary for Mr. Burke to suppress the comparison, to avoid bringing it into view.
As Mr. Burke has not written on constitutions so neither has he written on the French Revolution. He gives no account of its commencement or its progress. He only expresses his wonder. "It looks," says he, "to me, as if I were in a great crisis, not of the affairs of France alone, but of all Europe, perhaps of more than Europe. All circumstances taken together, the French Revolution is the most astonishing that has hitherto happened in the world."
As wise men are astonished at foolish things, and other people at wise ones, I know not on which ground to account for Mr. Burke's astonishment; but certain it is, that he does not understand the French Revolution. It has apparently burst forth like a creation from a chaos, but it is no more than the consequence of a mental revolution priorily existing in France. The mind of the nation had changed beforehand, and the new order of things has naturally followed the new order of thoughts. I will here, as concisely as I can, trace out the growth of the French Revolution, and mark the circumstances that have contributed to produce it.
The despotism of Louis XIV., united with the gaiety of his Court, and the gaudy ostentation of his character, had so humbled, and at the same time so fascinated the mind of France, that the people appeared to have lost all sense of their own dignity, in contemplating that of their Grand Monarch; and the whole reign of Louis XV., remarkable only for weakness and effeminacy, made no other alteration than that of spreading a sort of lethargy over the nation, from which it showed no disposition to rise.
The only signs which appeared to the spirit of Liberty during those periods, are to be found in the writings of the French philosophers. Montesquieu, President of the Parliament of Bordeaux, went as far as a writer under a despotic government could well proceed; and being obliged to divide himself between principle and prudence, his mind often appears under a veil, and we ought to give him credit for more than he has expressed.
Voltaire, who was both the flatterer and the satirist of despotism, took another line. His forte lay in exposing and ridiculing the superstitions which priest-craft, united with state-craft, had interwoven with governments. It was not from the purity of his principles, or his love of mankind (for satire and philanthropy are not naturally concordant), but from his strong capacity of seeing folly in its true shape, and his irresistible propensity to expose it, that he made those attacks. They were, however, as formidable as if the motive had been virtuous; and he merits the thanks rather than the esteem of mankind.
On the contrary, we find in the writings of Rousseau, and the Abbe Raynal, a loveliness of sentiment in favour of liberty, that excites respect, and elevates the human faculties; but having raised this animation, they do not direct its operation, and leave the mind in love with an object, without describing the means of possessing it.
The writings of Quesnay, Turgot, and the friends of those authors, are of the serious kind; but they laboured under the same disadvantage with Montesquieu; their writings abound with moral maxims of government, but are rather directed to economise and reform the administration of the government, than the government itself.
But all those writings and many others had their weight; and by the different manner in which they treated the subject of government, Montesquieu by his judgment and knowledge of laws, Voltaire by his wit, Rousseau and Raynal by their animation, and Quesnay and Turgot by their moral maxims and systems of economy, readers of every class met with something to their taste, and a spirit of political inquiry began to diffuse itself through the nation at the time the dispute between England and the then colonies of America broke out.
In the war which France afterwards engaged in, it is very well known that the nation appeared to be before-hand with the French ministry. Each of them had its view; but those views were directed to different objects; the one sought liberty, and the other retaliation on England. The French officers and soldiers who after this went to America, were eventually placed in the school of Freedom, and learned the practice as well as the principles of it by heart.
As it was impossible to separate the military events which took place in America from the principles of the American Revolution, the publication of those events in France necessarily connected themselves with the principles which produced them. Many of the facts were in themselves principles; such as the declaration of American Independence, and the treaty of alliance between France and America, which recognised the natural rights of man, and justified resistance to oppression.
The then Minister of France, Count Vergennes, was not the friend of America; and it is both justice and gratitude to say, that it was the Queen of France who gave the cause of America a fashion at the French Court. Count Vergennes was the personal and social friend of Dr. Franklin; and the Doctor had obtained, by his sensible gracefulness, a sort of influence over him; but with respect to principles Count Vergennes was a despot.
The situation of Dr. Franklin, as Minister from America to France, should be taken into the chain of circumstances. The diplomatic character is of itself the narrowest sphere of society that man can act in. It forbids intercourse by the reciprocity of suspicion; and a diplomatic is a sort of unconnected atom, continually repelling and repelled. But this was not the case with Dr. Franklin. He was not the diplomatic of a Court, but of Man. His character as a philosopher had been long established, and his circle of society in France was universal.
Count Vergennes resisted for a considerable time the publication in France of American constitutions, translated into the French language: but even in this he was obliged to give way to public opinion, and a sort of propriety in admitting to appear what he had undertaken to defend. The American constitutions were to liberty what a grammar is to language: they define its parts of speech, and practically construct them into syntax.
The peculiar situation of the then Marquis de la Fayette is another link in the great chain. He served in America as an American officer under a commission of Congress, and by the universality of his acquaintance was in close friendship with the civil government of America, as well as with the military line. He spoke the language of the country, entered into the discussions on the principles of government, and was always a welcome friend at any election.
When the war closed, a vast reinforcement to the cause of Liberty spread itself over France, by the return of the French officers and soldiers. A knowledge of the practice was then joined to the theory; and all that was wanting to give it real existence was opportunity. Man cannot, properly speaking, make circumstances for his purpose, but he always has it in his power to improve them when they occur, and this was the case in France.
M. Neckar was displaced in May, 1781; and by the ill-management of the finances afterwards, and particularly during the extravagant administration of M. Calonne, the revenue of France, which was nearly twenty-four millions sterling per year, was become unequal to the expenditure, not because the revenue had decreased, but because the expenses had increased; and this was a circumstance which the nation laid hold of to bring forward a Revolution. The English Minister, Mr. Pitt, has frequently alluded to the state of the French finances in his budgets, without understanding the subject. Had the French Parliaments been as ready to register edicts for new taxes as an English Parliament is to grant them, there had been no derangement in the finances, nor yet any Revolution; but this will better explain itself as I proceed.
It will be necessary here to show how taxes were formerly raised in France. The King, or rather the Court or Ministry acting under the use of that name, framed the edicts for taxes at their own discretion, and sent them to the Parliaments to be registered; for until they were registered by the Parliaments they were not operative. Disputes had long existed between the Court and the Parliaments with respect to the extent of the Parliament's authority on this head. The Court insisted that the authority of Parliaments went no farther than to remonstrate or show reasons against the tax, reserving to itself the right of determining whether the reasons were well or ill-founded; and in consequence thereof, either to withdraw the edict as a matter of choice, or to order it to be unregistered as a matter of authority. The Parliaments on their part insisted that they had not only a right to remonstrate, but to reject; and on this ground they were always supported by the nation.
But to return to the order of my narrative. M. Calonne wanted money: and as he knew the sturdy disposition of the Parliaments with respect to new taxes, he ingeniously sought either to approach them by a more gentle means than that of direct authority, or to get over their heads by a manoeuvre; and for this purpose he revived the project of assembling a body of men from the several provinces, under the style of an "Assembly of the Notables," or men of note, who met in 1787, and who were either to recommend taxes to the Parliaments, or to act as a Parliament themselves. An Assembly under this name had been called in 1617.
As we are to view this as the first practical step towards the Revolution, it will be proper to enter into some particulars respecting it. The Assembly of the Notables has in some places been mistaken for the States-General, but was wholly a different body, the States-General being always by election. The persons who composed the Assembly of the Notables were all nominated by the king, and consisted of one hundred and forty members. But as M. Calonne could not depend upon a majority of this Assembly in his favour, he very ingeniously arranged them in such a manner as to make forty-four a majority of one hundred and forty; to effect this he disposed of them into seven separate committees, of twenty members each. Every general question was to be decided, not by a majority of persons, but by a majority of committee, and as eleven votes would make a majority in a committee, and four committees a majority of seven, M. Calonne had good reason to conclude that as forty-four would determine any general question he could not be outvoted. But all his plans deceived him, and in the event became his overthrow.
English
Comparison determines how much things are worth. So the Revolution of 1688 will eventually be judged at its true value, however much circumstances have led people to overpraise it. Its reputation is already fading before the growing light of reason and the brilliant revolutions in America and France. In less than another century, it and Mr. Burke's writings will go "to the family vault of all the Capulets." People will hardly believe that a country calling itself free sent to Holland for a man and gave him power so that they would have someone to fear. They even paid him almost a million sterling a year for permission to submit themselves and their descendants forever, like people held in bondage.
There is another truth people should know, and I have seen it myself. Despite appearances, no group despises monarchy more than courtiers do. They know that if other people saw it as they do, they could not keep up the trick. They are like people who earn their living from a show. They know its foolishness so well that they laugh at it. But if the audience understood the show as well as they did, it and their income would end. The difference between a republican and a courtier on monarchy is this: the republican opposes it because he thinks it is something real; the courtier laughs because he knows it is nothing.
I sometimes corresponded with Mr. Burke when I believed his principles were sounder than his book now shows. Last winter I wrote to him from Paris about how well things were going. Among other matters, I described the National Assembly's favorable position: its moral duty and political interest point in the same direction. Its members do not need to say things they disbelieve to deceive others into believing them. They need no tricks to maintain their position; they can maintain it only by helping people understand. Their interest lies in ending ignorance, not preserving it. They are unlike England's government and opposition parties. Those parties oppose each other but still work together to preserve their shared mystery. The National Assembly must throw open a storehouse of light. It must show people what human beings truly are. The closer it brings them to that standard, the stronger it becomes.
In the French Constitution, things follow a reasonable order. Its principles fit its forms, and both fit its origins. Some might defend bad forms by saying they are only forms. That is a mistake. Forms grow from principles and help keep those principles alive. A bad form can be practiced only on a bad principle; it cannot be attached to a good one. Wherever a government's forms are bad, its principles are bad too.
I will now finish this subject. I began by noting that Mr. Burke chose not to compare the English and French constitutions. On page 241, he excuses that omission by saying he had no time. He spent more than eight months on his book, which runs to three hundred and sixty-six pages. Leaving out the comparison hurts his case, and his excuse makes matters worse. People in England will begin to wonder whether what is called the English constitution has a fundamental flaw that Mr. Burke needed to hide by avoiding the comparison.
Mr. Burke has written neither about constitutions nor about the French Revolution. He says nothing about how it began or developed. He only expresses amazement. "It looks," he says, "to me, as if I were in a great crisis, not of the affairs of France alone, but of all Europe, perhaps of more than Europe. All circumstances taken together, the French Revolution is the most astonishing that has until now happened in the world."
Wise people can be astonished by foolish things, and others by wise ones. I cannot say which explains Mr. Burke's amazement. What is certain is that he does not understand the French Revolution. It appears to have burst out of chaos like a new creation. In fact it followed a change in French thinking that had already taken place. The nation's outlook changed first, and new institutions naturally followed new ideas. I will trace the growth of the French Revolution as briefly as I can and point out the circumstances that helped bring it about.
Louis XIV. ruled as a despot. His court was lively, and he showed off his magnificence. Together these things so humbled and dazzled the French people that they seemed to lose their sense of their own dignity while admiring their Grand Monarch's. The reign of Louis XV., notable only for weakness and softness, merely spread a kind of sleepiness across the country. The people showed no desire to wake from it.
During those periods, the only signs of a desire for liberty appeared in the writings of French philosophers. Montesquieu, President of the Parliament of Bordeaux, went about as far as a writer under despotic rule could go. He had to balance his principles against the need to protect himself, so his ideas are often partly hidden. We should give him credit for more than he could say openly.
Voltaire took another path. He both flattered and mocked despotic power. His strength was exposing and ridiculing the superstitions that priests and government officials had woven into government. His attacks did not come from pure principles or love for humanity, since satire and love for humanity do not naturally go together. They came from his sharp eye for foolishness and his irresistible desire to expose it. But his attacks were as powerful as they would have been if his motives were virtuous. Humanity owes him thanks more than respect.
By contrast, Rousseau and the Abbe Raynal write about liberty with an appealing feeling that earns respect and raises people's aspirations. Yet after inspiring readers, they do not tell them what to do. They leave people in love with liberty without explaining how to gain it.
Quesnay, Turgot, and their friends wrote more seriously. But they faced the same difficulty as Montesquieu. Their works contain many moral principles for government, yet they mainly aim to save money and reform the way a government is run, rather than reforming the government itself.
Still, all these writings and many others had an effect. Each author approached government differently: Montesquieu through judgment and knowledge of law; Voltaire through wit; Rousseau and Raynal through the feelings they inspired; and Quesnay and Turgot through moral principles and plans for managing the economy. Readers of every kind found something that appealed to them. An interest in political questions began to spread through France when the dispute between England and what were then its American colonies began.
In the war France later joined, the French people were, as everyone knows, ahead of their government. The people and the ministry each had a goal, but the goals were different. The people sought liberty, while the ministry sought revenge against England. French officers and soldiers who later went to America found themselves in a school of freedom. They learned its principles and its practice thoroughly.
The military events in America could not be separated from the principles of the American Revolution. So when news of those events was published in France, people necessarily learned about the principles behind them. Many of the events themselves expressed principles. The declaration of American Independence and the treaty of alliance between France and America, for example, recognized people's natural rights and justified resistance to oppression.
Count Vergennes, then France's Minister, was not a friend to America. Fairness and gratitude require me to say that it was the Queen of France who made support for the American cause fashionable at the French Court. Count Vergennes was Dr. Franklin's personal friend and enjoyed his company. Franklin's sensible charm had given him some influence over the Count. But in his political principles, Count Vergennes was a despot.
Dr. Franklin's position as America's minister to France was another link in the chain of events. Diplomats usually move in a very narrow social circle. Mutual suspicion limits their contacts. A diplomat is like an isolated atom, constantly pushing others away and being pushed away. Franklin was different. He represented humanity, not a court. His reputation as a philosopher was already well established, and he knew people throughout French society.
For quite some time, Count Vergennes opposed publishing French translations of the American constitutions in France. But even there he had to yield to public opinion and to the awkwardness of hiding the constitutions of a country he had undertaken to defend. The American constitutions were to liberty what grammar is to language. They identified its parts and showed how those parts worked together in practice.
The special position of the then Marquis de la Fayette was another link in the chain. He served in America as an American officer under a commission from Congress. He knew so many people that he formed close friendships with the civilian government as well as with the armed forces. He spoke the country's language, took part in discussions of governmental principles, and was always welcome at elections.
When the war ended, returning French officers and soldiers greatly strengthened the cause of liberty throughout France. They brought practical knowledge together with theory. All that was needed to make liberty a reality was an opportunity. Strictly speaking, people cannot make circumstances to fit their plans. But they can always make good use of circumstances when they arise. That is what happened in France.
M. Neckar was removed from office in May, 1781. After that, finances were badly managed, especially under M. Calonne's extravagant administration. France's annual revenue was nearly twenty-four millions sterling, but it could no longer cover spending. The problem was not falling revenue; spending had increased. The nation used this situation as an opportunity to bring about a Revolution. The English Minister, Mr. Pitt, has often mentioned the state of French finances in his budgets without understanding it. If the French Parliaments had been as willing to register edicts for new taxes as an English Parliament is to approve taxes, there would have been neither a financial crisis nor a Revolution. The reason will become clearer as I continue.
I need to explain how France used to raise taxes. The King—or rather, the Court or Ministry using his name—prepared tax edicts as it wished and sent them to the Parliaments for registration. Until the Parliaments registered an edict, it had no effect. The Court and the Parliaments had long disagreed about how much authority the Parliaments had in this process. The Court claimed that they could only object and give reasons against a tax. It said it alone could decide whether those reasons were sound. It could then withdraw the edict if it chose, or order its registration by its own authority. The Parliaments insisted that they had the right not only to object but also to reject an edict. The nation always supported them on that point.
Now, back to the sequence of events. M. Calonne needed money. He knew the Parliaments strongly resisted new taxes. He cleverly sought either to approach them more gently than by issuing a direct order, or to bypass them through a maneuver. He revived a plan to gather men from various provinces in an "Assembly of the Notables," meaning prominent men. The assembly met in 1787. It was supposed either to recommend taxes to the Parliaments or to act as a Parliament itself. An assembly with that name had previously been called in 1617.
This was the first practical step toward the Revolution, so some details matter. The Assembly of the Notables is sometimes confused with the States-General, but they were quite different. Members of the States-General were always elected. The king appointed every member of the Assembly of the Notables, one hundred and forty people in all. But M. Calonne could not count on a majority of them supporting him. So he cleverly arranged the assembly to make forty-four votes a majority out of one hundred and forty. He divided the members into seven committees of twenty each. Every general question would be decided by a majority of committees, not a majority of people. Eleven votes could control one committee, and four committees could control seven. M. Calonne therefore had reason to think that forty-four people could decide any general question and that he could not be outvoted. But all his plans failed him and ultimately caused his downfall.
Part I, 10
18th-century English
The then Marquis de la Fayette was placed in the second committee, of which the Count D'Artois was president, and as money matters were the object, it naturally brought into view every circumstance connected with it. M. de la Fayette made a verbal charge against Calonne for selling crown lands to the amount of two millions of livres, in a manner that appeared to be unknown to the king. The Count D'Artois (as if to intimidate, for the Bastille was then in being) asked the Marquis if he would render the charge in writing? He replied that he would. The Count D'Artois did not demand it, but brought a message from the king to that purport. M. de la Fayette then delivered in his charge in writing, to be given to the king, undertaking to support it. No farther proceedings were had upon this affair, but M. Calonne was soon after dismissed by the king and set off to England.
As M. de la Fayette, from the experience of what he had seen in America, was better acquainted with the science of civil government than the generality of the members who composed the Assembly of the Notables could then be, the brunt of the business fell considerably to his share. The plan of those who had a constitution in view was to contend with the Court on the ground of taxes, and some of them openly professed their object. Disputes frequently arose between Count D'Artois and M. de la Fayette upon various subjects. With respect to the arrears already incurred the latter proposed to remedy them by accommodating the expenses to the revenue instead of the revenue to the expenses; and as objects of reform he proposed to abolish the Bastille and all the State prisons throughout the nation (the keeping of which was attended with great expense), and to suppress Lettres de Cachet; but those matters were not then much attended to, and with respect to Lettres de Cachet, a majority of the Nobles appeared to be in favour of them.
On the subject of supplying the Treasury by new taxes the Assembly declined taking the matter on themselves, concurring in the opinion that they had not authority. In a debate on this subject M. de la Fayette said that raising money by taxes could only be done by a National Assembly, freely elected by the people, and acting as their representatives. Do you mean, said the Count D'Artois, the States-General? M. de la Fayette replied that he did. Will you, said the Count D'Artois, sign what you say to be given to the king? The other replied that he would not only do this but that he would go farther, and say that the effectual mode would be for the king to agree to the establishment of a constitution.
As one of the plans had thus failed, that of getting the Assembly to act as a Parliament, the other came into view, that of recommending. On this subject the Assembly agreed to recommend two new taxes to be unregistered by the Parliament: the one a stamp-tax and the other a territorial tax, or sort of land-tax. The two have been estimated at about five millions sterling per annum. We have now to turn our attention to the Parliaments, on whom the business was again devolving.
The Archbishop of Thoulouse (since Archbishop of Sens, and now a Cardinal), was appointed to the administration of the finances soon after the dismission of Calonne. He was also made Prime Minister, an office that did not always exist in France. When this office did not exist, the chief of each of the principal departments transacted business immediately with the King, but when a Prime Minister was appointed they did business only with him. The Archbishop arrived to more state authority than any minister since the Duke de Choiseul, and the nation was strongly disposed in his favour; but by a line of conduct scarcely to be accounted for he perverted every opportunity, turned out a despot, and sunk into disgrace, and a Cardinal.
The Assembly of the Notables having broken up, the minister sent the edicts for the two new taxes recommended by the Assembly to the Parliaments to be unregistered. They of course came first before the Parliament of Paris, who returned for answer: "that with such a revenue as the nation then supported the name of taxes ought not to be mentioned but for the purpose of reducing them"; and threw both the edicts out.*8 On this refusal the Parliament was ordered to Versailles, where, in the usual form, the King held what under the old government was called a Bed of justice; and the two edicts were unregistered in presence of the Parliament by an order of State, in the manner mentioned, earlier. On this the Parliament immediately returned to Paris, renewed their session in form, and ordered the enregistering to be struck out, declaring that everything done at Versailles was illegal. All the members of the Parliament were then served with Lettres de Cachet, and exiled to Troyes; but as they continued as inflexible in exile as before, and as vengeance did not supply the place of taxes, they were after a short time recalled to Paris.
The edicts were again tendered to them, and the Count D'Artois undertook to act as representative of the King. For this purpose he came from Versailles to Paris, in a train of procession; and the Parliament were assembled to receive him. But show and parade had lost their influence in France; and whatever ideas of importance he might set off with, he had to return with those of mortification and disappointment. On alighting from his carriage to ascend the steps of the Parliament House, the crowd (which was numerously collected) threw out trite expressions, saying: "This is Monsieur D'Artois, who wants more of our money to spend." The marked disapprobation which he saw impressed him with apprehensions, and the word Aux armes! (To arms!) was given out by the officer of the guard who attended him. It was so loudly vociferated, that it echoed through the avenues of the house, and produced a temporary confusion. I was then standing in one of the apartments through which he had to pass, and could not avoid reflecting how wretched was the condition of a disrespected man.
He endeavoured to impress the Parliament by great words, and opened his authority by saying, "The King, our Lord and Master." The Parliament received him very coolly, and with their usual determination not to register the taxes: and in this manner the interview ended.
After this a new subject took place: In the various debates and contests which arose between the Court and the Parliaments on the subject of taxes, the Parliament of Paris at last declared that although it had been customary for Parliaments to enregister edicts for taxes as a matter of convenience, the right belonged only to the States-General; and that, therefore, the Parliament could no longer with propriety continue to debate on what it had not authority to act. The King after this came to Paris and held a meeting with the Parliament, in which he continued from ten in the morning till about six in the evening, and, in a manner that appeared to proceed from him as if unconsulted upon with the Cabinet or Ministry, gave his word to the Parliament that the States-General should be convened.
But after this another scene arose, on a ground different from all the former. The Minister and the Cabinet were averse to calling the States-General. They well knew that if the States-General were assembled, themselves must fall; and as the King had not mentioned any time, they hit on a project calculated to elude, without appearing to oppose.
For this purpose, the Court set about making a sort of constitution itself. It was principally the work of M. Lamoignon, the Keeper of the Seals, who afterwards shot himself. This new arrangement consisted in establishing a body under the name of a Cour Pleniere, or Full Court, in which were invested all the powers that the Government might have occasion to make use of. The persons composing this Court were to be nominated by the King; the contended right of taxation was given up on the part of the King, and a new criminal code of laws and law proceedings was substituted in the room of the former. The thing, in many points, contained better principles than those upon which the Government had hitherto been administered; but with respect to the Cour Pleniere, it was no other than a medium through which despotism was to pass, without appearing to act directly from itself.
The Cabinet had high expectations from their new contrivance. The people who were to compose the Cour Pleniere were already nominated; and as it was necessary to carry a fair appearance, many of the best characters in the nation were appointed among the number. It was to commence on May 8, 1788; but an opposition arose to it on two grounds the one as to principle, the other as to form.
On the ground of Principle it was contended that Government had not a right to alter itself, and that if the practice was once admitted it would grow into a principle and be made a precedent for any future alterations the Government might wish to establish: that the right of altering the Government was a national right, and not a right of Government. And on the ground of form it was contended that the Cour Pleniere was nothing more than a larger Cabinet.
The then Duke de la Rochefoucault, Luxembourg, De Noailles, and many others, refused to accept the nomination, and strenuously opposed the whole plan. When the edict for establishing this new court was sent to the Parliaments to be unregistered and put into execution, they resisted also. The Parliament of Paris not only refused, but denied the authority; and the contest renewed itself between the Parliament and the Cabinet more strongly than ever. While the Parliament were sitting in debate on this subject, the Ministry ordered a regiment of soldiers to surround the House and form a blockade. The members sent out for beds and provisions, and lived as in a besieged citadel: and as this had no effect, the commanding officer was ordered to enter the Parliament House and seize them, which he did, and some of the principal members were shut up in different prisons. About the same time a deputation of persons arrived from the province of Brittany to remonstrate against the establishment of the Cour Pleniere, and those the archbishop sent to the Bastille. But the spirit of the nation was not to be overcome, and it was so fully sensible of the strong ground it had taken—that of withholding taxes—that it contented itself with keeping up a sort of quiet resistance, which effectually overthrew all the plans at that time formed against it. The project of the Cour Pleniere was at last obliged to be given up, and the Prime Minister not long afterwards followed its fate, and M. Neckar was recalled into office.
The attempt to establish the Cour Pleniere had an effect upon the nation which itself did not perceive. It was a sort of new form of government that insensibly served to put the old one out of sight and to unhinge it from the superstitious authority of antiquity. It was Government dethroning Government; and the old one, by attempting to make a new one, made a chasm.
The failure of this scheme renewed the subject of convening the State-General; and this gave rise to a new series of politics. There was no settled form for convening the States-General: all that it positively meant was a deputation from what was then called the Clergy, the Noblesse, and the Commons; but their numbers or their proportions had not been always the same. They had been convened only on extraordinary occasions, the last of which was in 1614; their numbers were then in equal proportions, and they voted by orders.
It could not well escape the sagacity of M. Neckar, that the mode of 1614 would answer neither the purpose of the then government nor of the nation. As matters were at that time circumstanced it would have been too contentious to agree upon anything. The debates would have been endless upon privileges and exemptions, in which neither the wants of the Government nor the wishes of the nation for a Constitution would have been attended to. But as he did not choose to take the decision upon himself, he summoned again the Assembly of the Notables and referred it to them. This body was in general interested in the decision, being chiefly of aristocracy and high-paid clergy, and they decided in favor of the mode of 1614. This decision was against the sense of the Nation, and also against the wishes of the Court; for the aristocracy opposed itself to both and contended for privileges independent of either. The subject was then taken up by the Parliament, who recommended that the number of the Commons should be equal to the other two: and they should all sit in one house and vote in one body. The number finally determined on was 1,200; 600 to be chosen by the Commons (and this was less than their proportion ought to have been when their worth and consequence is considered on a national scale), 300 by the Clergy, and 300 by the Aristocracy; but with respect to the mode of assembling themselves, whether together or apart, or the manner in which they should vote, those matters were referred.*9
The election that followed was not a contested election, but an animated one. The candidates were not men, but principles. Societies were formed in Paris, and committees of correspondence and communication established throughout the nation, for the purpose of enlightening the people, and explaining to them the principles of civil government; and so orderly was the election conducted, that it did not give rise even to the rumour of tumult.
The States-General were to meet at Versailles in April 1789, but did not assemble till May. They situated themselves in three separate chambers, or rather the Clergy and Aristocracy withdrew each into a separate chamber. The majority of the Aristocracy claimed what they called the privilege of voting as a separate body, and of giving their consent or their negative in that manner; and many of the bishops and the high-beneficed clergy claimed the same privilege on the part of their Order.
The Tiers Etat (as they were then called) disowned any knowledge of artificial orders and artificial privileges; and they were not only resolute on this point, but somewhat disdainful. They began to consider the Aristocracy as a kind of fungus growing out of the corruption of society, that could not be admitted even as a branch of it; and from the disposition the Aristocracy had shown by upholding Lettres de Cachet, and in sundry other instances, it was manifest that no constitution could be formed by admitting men in any other character than as National Men.
English
The Marquis de la Fayette was put on the second committee, headed by the Count D'Artois. Because the committee dealt with money, every related issue came before it. M. de la Fayette accused Calonne aloud of selling crown lands worth two millions of livres in a way that seemed to be unknown to the king. The Count D'Artois asked whether the Marquis would put the charge in writing, perhaps to intimidate him, since the Bastille still existed. He said he would. The Count D'Artois did not ask for it himself, but delivered a message from the king asking for it. M. de la Fayette then submitted the written charge for the king and promised to support it. Nothing more was done about this matter, but the king soon dismissed M. Calonne, who left for England.
M. de la Fayette had learned from his experience in America. He understood civil government better than most of the members of the Assembly of the Notables could at that time, so much of the work fell to him. Those who wanted a constitution planned to challenge the Court over taxes, and some openly stated this aim. The Count D'Artois and M. de la Fayette often argued about different matters. On the debts already accumulated, de la Fayette proposed bringing expenses into line with revenue, rather than raising revenue to match expenses. As reforms, he proposed abolishing the Bastille and every other state prison in the country, which cost a great deal to maintain, and ending Lettres de Cachet. These proposals received little attention then. Most of the Nobles seemed to support Lettres de Cachet.
The Assembly refused to take responsibility for raising new taxes to supply the Treasury. Its members agreed that they had no authority to do so. In a debate, M. de la Fayette said that only a National Assembly freely elected by the people and acting as their representatives could raise money through taxes. The Count D'Artois asked, "Do you mean the States-General?" M. de la Fayette said yes. The Count D'Artois asked whether he would sign a statement of this view to give to the king. De la Fayette answered that he would do that and more: he would say the effective solution was for the king to agree to establish a constitution.
One plan had failed: getting the Assembly to act as a Parliament. The other plan, having it make recommendations, now came forward. The Assembly agreed to recommend two new taxes for registration by the Parliament: a stamp tax and a territorial tax, a kind of land tax. Together they were estimated at about five millions sterling per annum. We must now turn to the Parliaments, to which the matter returned.
The Archbishop of Thoulouse, later Archbishop of Sens and now a Cardinal, took charge of finances soon after Calonne was dismissed. He also became Prime Minister, a post France did not always have. Without a Prime Minister, the heads of the main departments dealt directly with the King. With one, they dealt only with him. The Archbishop gained more authority in government than any minister since the Duke de Choiseul, and the nation strongly favored him. But through conduct that is hard to explain, he wasted every opportunity, became a despot, and fell into disgrace—and became a Cardinal.
After the Assembly of the Notables broke up, the minister sent its two recommended tax edicts to the Parliaments for registration. They went first, of course, to the Parliament of Paris. Its answer was that "with the revenue the nation already supplies, taxes should be mentioned only to reduce them." It rejected both edicts.*8 After this refusal, the Parliament was ordered to Versailles. There the King held what the old government called a Bed of Justice. An order of State registered the two edicts in the Parliament's presence, as described earlier. The Parliament immediately returned to Paris, formally resumed its session, and ordered the registrations removed. It declared everything done at Versailles illegal. Every member was then served with Lettres de Cachet and exiled to Troyes. But they remained just as firm in exile, and revenge did not produce tax revenue. They were recalled to Paris shortly afterward.
The edicts were presented to them again, and the Count D'Artois agreed to represent the King. He traveled in a procession from Versailles to Paris, where the Parliament gathered to receive him. But ceremony and display no longer impressed France. Whatever sense of importance he had when he set out, he returned humiliated and disappointed. As he got out of his carriage to climb the steps of the Parliament House, the large crowd called out familiar insults: "This is Monsieur D'Artois, who wants more of our money to spend." Their obvious disapproval frightened him. The officer commanding his guard shouted, "Aux armes!" ("To arms!"). The cry echoed so loudly through the building's passages that it caused temporary confusion. I was standing in one of the rooms he had to pass through. I could not help thinking how miserable it is to be a man nobody respects.
He tried to impress the Parliament with grand words. He began by saying, "The King, our Lord and Master." The Parliament received him coldly and maintained its usual refusal to register the taxes. That ended the meeting.
A new issue then arose. During the many disputes about taxes between the Court and the Parliaments, the Parliament of Paris finally declared that, although Parliaments had customarily registered tax edicts for convenience, only the States-General had the right to do so. The Parliament therefore could not properly keep debating a matter it had no authority to decide. The King then came to Paris and met with the Parliament from ten in the morning until about six in the evening. Apparently acting on his own, without consulting the Cabinet or Ministry, he promised the Parliament that the States-General would be convened.
Then another conflict began on entirely different ground. The Minister and Cabinet did not want the States-General called. They knew they would lose their positions if it met. Since the King had set no date, they devised a way to evade his promise without openly opposing it.
The Court decided to create a kind of constitution itself. It was mainly the work of M. Lamoignon, Keeper of the Seals, who later shot himself. The plan created a body called a Cour Pleniere, or Full Court, and gave it every power the Government might need to use. The King would appoint its members. The King would give up the disputed right to levy taxes, and a new criminal code and criminal procedures would replace the old ones. In many respects the plan rested on better principles than those under which the Government had operated before. But the Cour Pleniere was merely an indirect channel for despotism, allowing it to act without appearing to do so openly.
The Cabinet expected a great deal from this new device. It had already chosen the members of the Cour Pleniere. To make the plan look respectable, it included many of the nation's most respected people. The court was due to begin on May 8, 1788. But opposition arose on two grounds: principle and form.
On principle, opponents argued that a government had no right to change itself. Allow the practice once, and it would become an accepted principle and a precedent for any future changes the Government wanted. The right to change a government belonged to the nation, not to the Government. On form, they argued that the Cour Pleniere was nothing but a larger Cabinet.
The Duke de la Rochefoucault, Luxembourg, De Noailles, and many others refused their appointments and strongly opposed the whole scheme. The Parliaments also resisted when they received the edict creating the new court for registration and enforcement. The Parliament of Paris not only refused to register it but denied that the government had the authority to establish it. Its conflict with the Cabinet flared up more fiercely than ever. While the Parliament debated the matter, the Ministry ordered a regiment to surround the Parliament House and blockade it. The members sent out for beds and food and lived as if besieged in a fortress. When that failed to move them, the commanding officer was ordered to enter and arrest them. He did, and some leading members were locked in different prisons. Around the same time, people from the province of Brittany came to protest the Cour Pleniere. The archbishop sent them to the Bastille. But the nation could not be subdued. It knew how strong its position was because it could withhold taxes. It maintained a kind of quiet resistance that defeated every plan then directed against it. In the end the project of the Cour Pleniere had to be abandoned. Soon afterward the Prime Minister lost his position too, and M. Neckar was recalled to office.
The effort to establish the Cour Pleniere affected the nation without its noticing. This proposed new form of government quietly pushed the old one out of view and loosened its hold on the superstitious respect given to antiquity. Government had dethroned government. In trying to make a new government, the old one had opened a gap.
The failure of this plan brought the question of convening the States-General back and started a new series of political struggles. There was no fixed way to convene it. All the name definitely meant was a delegation from what were then called the Clergy, the Noblesse, and the Commons. Their numbers and proportions had varied. The body had met only on extraordinary occasions, most recently in 1614. Then the three groups had equal numbers and voted by orders.
M. Neckar could hardly fail to see that the 1614 method would suit neither the government nor the nation now. Under present conditions, agreement would have been too difficult. Debates over privileges and exemptions would never end, while the Government's needs and the nation's wish for a Constitution would be ignored. But he did not want to decide the matter himself. He called the Assembly of the Notables again and referred the question to it. Its members, mostly aristocrats and highly paid clergy, had a direct interest in the answer. They chose the 1614 method. This went against both the Nation and the Court, because the aristocracy opposed them both and insisted on privileges independent of either. The Parliament then took up the issue. It recommended giving the Commons as many members as the other two groups combined, with everyone sitting and voting together. The final number chosen was 1,200: 600 from the Commons, fewer than their share should have been considering their national importance and contribution; 300 from the Clergy; and 300 from the Aristocracy. But the questions of whether they would meet together or separately and how they would vote were left undecided.*9
The election that followed was energetic but not contested. The candidates were principles, not men. Societies formed in Paris, and committees for correspondence and communication were set up throughout the nation. They aimed to inform people and explain the principles of civil government. The election was so orderly that it did not even cause rumors of disorder.
The States-General was meant to meet at Versailles in April 1789, but it did not assemble until May. Its members settled into three separate chambers—or, more accurately, the Clergy and Aristocracy each withdrew to its own chamber. Most aristocrats claimed the privilege of voting as a separate body, able to consent or reject proposals as a group. Many bishops and clergy with wealthy benefices claimed the same privilege for their Order.
The Tiers Etat, as they were then called, refused to recognize artificial orders or privileges. They were firm on this point and even scornful. They began to see the Aristocracy as a kind of fungus growing out of society's corruption, unfit even to be counted as one of its branches. The Aristocracy had supported Lettres de Cachet and behaved similarly in several other matters. That made it clear that no constitution could be formed unless people took part simply as members of the nation.
Part I, 11
18th-century English
After various altercations on this head, the Tiers Etat or Commons (as they were then called) declared themselves (on a motion made for that purpose by the Abbe Sieyes) "The Representative Of The Nation; and that the two Orders could be considered but as deputies of corporations, and could only have a deliberate voice when they assembled in a national character with the national representatives." This proceeding extinguished the style of Etats Generaux, or States-General, and erected it into the style it now bears, that of L'Assemblee Nationale, or National Assembly.
This motion was not made in a precipitate manner. It was the result of cool deliberation, and concerned between the national representatives and the patriotic members of the two chambers, who saw into the folly, mischief, and injustice of artificial privileged distinctions. It was become evident, that no constitution, worthy of being called by that name, could be established on anything less than a national ground. The Aristocracy had hitherto opposed the despotism of the Court, and affected the language of patriotism; but it opposed it as its rival (as the English Barons opposed King John) and it now opposed the nation from the same motives.
On carrying this motion, the national representatives, as had been concerted, sent an invitation to the two chambers, to unite with them in a national character, and proceed to business. A majority of the clergy, chiefly of the parish priests, withdrew from the clerical chamber, and joined the nation; and forty-five from the other chamber joined in like manner. There is a sort of secret history belonging to this last circumstance, which is necessary to its explanation; it was not judged prudent that all the patriotic members of the chamber styling itself the Nobles, should quit it at once; and in consequence of this arrangement, they drew off by degrees, always leaving some, as well to reason the case, as to watch the suspected. In a little time the numbers increased from forty-five to eighty, and soon after to a greater number; which, with the majority of the clergy, and the whole of the national representatives, put the malcontents in a very diminutive condition.
The King, who, very different from the general class called by that name, is a man of a good heart, showed himself disposed to recommend a union of the three chambers, on the ground the National Assembly had taken; but the malcontents exerted themselves to prevent it, and began now to have another project in view. Their numbers consisted of a majority of the aristocratical chamber, and the minority of the clerical chamber, chiefly of bishops and high-beneficed clergy; and these men were determined to put everything to issue, as well by strength as by stratagem. They had no objection to a constitution; but it must be such a one as themselves should dictate, and suited to their own views and particular situations. On the other hand, the Nation disowned knowing anything of them but as citizens, and was determined to shut out all such up-start pretensions. The more aristocracy appeared, the more it was despised; there was a visible imbecility and want of intellects in the majority, a sort of je ne sais quoi, that while it affected to be more than citizen, was less than man. It lost ground from contempt more than from hatred; and was rather jeered at as an ass, than dreaded as a lion. This is the general character of aristocracy, or what are called Nobles or Nobility, or rather No-ability, in all countries.
The plan of the malcontents consisted now of two things; either to deliberate and vote by chambers (or orders), more especially on all questions respecting a Constitution (by which the aristocratical chamber would have had a negative on any article of the Constitution); or, in case they could not accomplish this object, to overthrow the National Assembly entirely.
To effect one or other of these objects they began to cultivate a friendship with the despotism they had hitherto attempted to rival, and the Count D'Artois became their chief. The king (who has since declared himself deceived into their measures) held, according to the old form, a Bed of Justice, in which he accorded to the deliberation and vote par tete (by head) upon several subjects; but reserved the deliberation and vote upon all questions respecting a constitution to the three chambers separately. This declaration of the king was made against the advice of M. Neckar, who now began to perceive that he was growing out of fashion at Court, and that another minister was in contemplation.
As the form of sitting in separate chambers was yet apparently kept up, though essentially destroyed, the national representatives immediately after this declaration of the King resorted to their own chambers to consult on a protest against it; and the minority of the chamber (calling itself the Nobles), who had joined the national cause, retired to a private house to consult in like manner. The malcontents had by this time concerted their measures with the court, which the Count D'Artois undertook to conduct; and as they saw from the discontent which the declaration excited, and the opposition making against it, that they could not obtain a control over the intended constitution by a separate vote, they prepared themselves for their final object—that of conspiring against the National Assembly, and overthrowing it.
The next morning the door of the chamber of the National Assembly was shut against them, and guarded by troops; and the members were refused admittance. On this they withdrew to a tennis-ground in the neighbourhood of Versailles, as the most convenient place they could find, and, after renewing their session, took an oath never to separate from each other, under any circumstance whatever, death excepted, until they had established a constitution. As the experiment of shutting up the house had no other effect than that of producing a closer connection in the members, it was opened again the next day, and the public business recommenced in the usual place.
We are now to have in view the forming of the new ministry, which was to accomplish the overthrow of the National Assembly. But as force would be necessary, orders were issued to assemble thirty thousand troops, the command of which was given to Broglio, one of the intended new ministry, who was recalled from the country for this purpose. But as some management was necessary to keep this plan concealed till the moment it should be ready for execution, it is to this policy that a declaration made by Count D'Artois must be attributed, and which is here proper to be introduced.
It could not but occur while the malcontents continued to resort to their chambers separate from the National Assembly, more jealousy would be excited than if they were mixed with it, and that the plot might be suspected. But as they had taken their ground, and now wanted a pretence for quitting it, it was necessary that one should be devised. This was effectually accomplished by a declaration made by the Count D'Artois: "That if they took not a Part in the National Assembly, the life of the king would be endangered": on which they quitted their chambers, and mixed with the Assembly, in one body.
At the time this declaration was made, it was generally treated as a piece of absurdity in Count D'Artois calculated merely to relieve the outstanding members of the two chambers from the diminutive situation they were put in; and if nothing more had followed, this conclusion would have been good. But as things best explain themselves by their events, this apparent union was only a cover to the machinations which were secretly going on; and the declaration accommodated itself to answer that purpose. In a little time the National Assembly found itself surrounded by troops, and thousands more were daily arriving. On this a very strong declaration was made by the National Assembly to the King, remonstrating on the impropriety of the measure, and demanding the reason. The King, who was not in the secret of this business, as himself afterwards declared, gave substantially for answer, that he had no other object in view than to preserve the public tranquility, which appeared to be much disturbed.
But in a few days from this time the plot unravelled itself M. Neckar and the ministry were displaced, and a new one formed of the enemies of the Revolution; and Broglio, with between twenty-five and thirty thousand foreign troops, was arrived to support them. The mask was now thrown off, and matters were come to a crisis. The event was that in a space of three days the new ministry and their abettors found it prudent to fly the nation; the Bastille was taken, and Broglio and his foreign troops dispersed, as is already related in the former part of this work.
There are some curious circumstances in the history of this short-lived ministry, and this short-lived attempt at a counter-revolution. The Palace of Versailles, where the Court was sitting, was not more than four hundred yards distant from the hall where the National Assembly was sitting. The two places were at this moment like the separate headquarters of two combatant armies; yet the Court was as perfectly ignorant of the information which had arrived from Paris to the National Assembly, as if it had resided at an hundred miles distance. The then Marquis de la Fayette, who (as has been already mentioned) was chosen to preside in the National Assembly on this particular occasion, named by order of the Assembly three successive deputations to the king, on the day and up to the evening on which the Bastille was taken, to inform and confer with him on the state of affairs; but the ministry, who knew not so much as that it was attacked, precluded all communication, and were solacing themselves how dextrously they had succeeded; but in a few hours the accounts arrived so thick and fast that they had to start from their desks and run. Some set off in one disguise, and some in another, and none in their own character. Their anxiety now was to outride the news, lest they should be stopt, which, though it flew fast, flew not so fast as themselves.
It is worth remarking that the National Assembly neither pursued those fugitive conspirators, nor took any notice of them, nor sought to retaliate in any shape whatever. Occupied with establishing a constitution founded on the Rights of Man and the Authority of the People, the only authority on which Government has a right to exist in any country, the National Assembly felt none of those mean passions which mark the character of impertinent governments, founding themselves on their own authority, or on the absurdity of hereditary succession. It is the faculty of the human mind to become what it contemplates, and to act in unison with its object.
The conspiracy being thus dispersed, one of the first works of the National Assembly, instead of vindictive proclamations, as has been the case with other governments, was to publish a declaration of the Rights of Man, as the basis on which the new constitution was to be built, and which is here subjoined:
OBSERVATIONS ON THE DECLARATION OF RIGHTS
Declaration
Of The
Rights Of Man And Of Citizens
By The National Assembly Of France
The representatives of the people of France, formed into a National Assembly, considering that ignorance, neglect, or contempt of human rights, are the sole causes of public misfortunes and corruptions of Government, have resolved to set forth in a solemn declaration, these natural, imprescriptible, and inalienable rights: that this declaration being constantly present to the minds of the members of the body social, they may be forever kept attentive to their rights and their duties; that the acts of the legislative and executive powers of Government, being capable of being every moment compared with the end of political institutions, may be more respected; and also, that the future claims of the citizens, being directed by simple and incontestable principles, may always tend to the maintenance of the Constitution, and the general happiness.
For these reasons the National Assembly doth recognize and declare, in the presence of the Supreme Being, and with the hope of his blessing and favour, the following sacred rights of men and of citizens:
One: Men are born, and always continue, free and equal in respect of their Rights. Civil distinctions, therefore, can be founded only on Public Utility.
Two: The end of all Political associations is the Preservation of the Natural and Imprescriptible Rights of Man; and these rights are Liberty, Property, Security, and Resistance of Oppression.
Three: The Nation is essentially the source of all Sovereignty; nor can any individual, or any body of Men, be entitled to any authority which is not expressly derived from it.
Four: Political Liberty consists in the power of doing whatever does not Injure another. The exercise of the Natural Rights of every Man, has no other limits than those which are necessary to secure to every other Man the Free exercise of the same Rights; and these limits are determinable only by the Law.
Five: The Law ought to Prohibit only actions hurtful to Society. What is not Prohibited by the Law should not be hindered; nor should anyone be compelled to that which the Law does not Require.
Six: the Law is an expression of the Will of the Community. All Citizens have a right to concur, either personally or by their Representatives, in its formation. It Should be the same to all, whether it protects or punishes; and all being equal in its sight, are equally eligible to all Honours, Places, and employments, according to their different abilities, without any other distinction than that created by their Virtues and talents.
Seven: No Man should be accused, arrested, or held in confinement, except in cases determined by the Law, and according to the forms which it has prescribed. All who promote, solicit, execute, or cause to be executed, arbitrary orders, ought to be punished, and every Citizen called upon, or apprehended by virtue of the Law, ought immediately to obey, and renders himself culpable by resistance.
Eight: The Law ought to impose no other penalties but such as are absolutely and evidently necessary; and no one ought to be punished, but in virtue of a Law promulgated before the offence, and Legally applied.
Nine: Every Man being presumed innocent till he has been convicted, whenever his detention becomes indispensable, all rigour to him, more than is necessary to secure his person, ought to be provided against by the Law.
Ten: No Man ought to be molested on account of his opinions, not even on account of his Religious opinions, provided his avowal of them does not disturb the Public Order established by the Law.
Eleven: The unrestrained communication of thoughts and opinions being one of the Most Precious Rights of Man, every Citizen may speak, write, and publish freely, provided he is responsible for the abuse of this Liberty, in cases determined by the Law.
Twelve: A Public force being necessary to give security to the Rights of Men and of Citizens, that force is instituted for the benefit of the Community and not for the particular benefit of the persons to whom it is intrusted.
Thirteen: A common contribution being necessary for the support of the Public force, and for defraying the other expenses of Government, it ought to be divided equally among the Members of the Community, according to their abilities.
Fourteen: every Citizen has a Right, either by himself or his Representative, to a free voice in determining the necessity of Public Contributions, the appropriation of them, and their amount, mode of assessment, and duration.
Fifteen: every Community has a Right to demand of all its agents an account of their conduct.
Sixteen: every Community in which a Separation of Powers and a Security of Rights is not Provided for, wants a Constitution.
Seventeen: The Right to Property being inviolable and sacred, no one ought to be deprived of it, except in cases of evident Public necessity, legally ascertained, and on condition of a previous just Indemnity.
English
After several arguments about this, the Tiers Etat, or Commons as they were then called, passed a motion proposed by the Abbe Sieyes. They declared themselves "the representatives of the nation." The two Orders, they said, were only delegates of corporate groups. They could take part in deliberations only by joining the national representatives as members of the nation. This decision ended the name Etats Generaux, or States-General, and gave the body its present name: L'Assemblee Nationale, or National Assembly.
The motion was not rushed. It followed careful discussion and was agreed on by the national representatives and patriotic members of the other two chambers. Those members understood how foolish, harmful, and unjust artificial privileges were. It was now clear that a constitution worthy of the name had to rest on the nation as a whole. Until then the Aristocracy had opposed the Court's despotism and spoken as if it were patriotic. But it opposed the Court as a rival, much as the English Barons opposed King John. Now, for the same reasons, it opposed the nation.
As agreed beforehand, after passing the motion the national representatives invited the other two chambers to join them as members of the nation and get to work. Most clergy, mainly parish priests, left the clerical chamber and joined the national body. Forty-five members of the other chamber did the same. There is a less-known story behind this last step, and it explains what happened. It was thought unwise for every patriotic member of the chamber calling itself the Nobles to leave at once. They therefore left gradually, always keeping some members behind to argue their case and watch those they distrusted. Soon the forty-five became eighty, and then still more. Along with most of the clergy and all the national representatives, they left the dissenters a very small group.
The King, unlike most people called kings, is kindhearted. He seemed willing to recommend that the three chambers unite on the basis adopted by the National Assembly. But the dissenters worked to prevent this and began pursuing another plan. They included most of the aristocratic chamber and a minority of the clerical chamber, mainly bishops and clergy with wealthy benefices. They were determined to force the issue through both strength and trickery. They did not object to a constitution, so long as they could dictate it to suit their own interests and circumstances. The Nation, by contrast, recognized them only as citizens and was determined to reject their newly invented claims. The more the aristocracy asserted itself, the more people despised it. Most of its members showed a plain lack of ability and intelligence. They had a certain je ne sais quoi that made them less than men while they tried to be more than citizens. Contempt, more than hatred, cost them support. People laughed at them as asses rather than fearing them as lions. That is the usual character of aristocracy in every country—those called Nobles or Nobility, or, more accurately, No-ability.
The dissenters now had two aims. They wanted the three chambers, or orders, to debate and vote separately, especially on constitutional questions. That would let the aristocratic chamber veto any part of the Constitution. If they failed, they meant to destroy the National Assembly altogether.
To accomplish one aim or the other, they began making friends with the despotism they had previously tried to rival. The Count D'Artois became their leader. The king, who has since said that they misled him into supporting their measures, held a Bed of Justice in the old manner. He agreed to debate and voting par tete, or by individual member, on several subjects. But he reserved every question about a constitution for the three chambers to debate and vote on separately. He issued this declaration against M. Neckar's advice. Neckar was starting to see that the Court was losing interest in him and considering another minister.
The three chambers still appeared to sit separately, though their separation had effectively ended. Immediately after the King's declaration, the national representatives went to their own chamber to discuss a protest. Members of the chamber calling itself the Nobles who had joined the national cause met in a private house to do the same. The dissenters had by then agreed on their plans with the Court, with the Count D'Artois in charge of carrying them out. The declaration had caused discontent and opposition. The dissenters saw that separate voting would not give them control of the intended constitution. They therefore prepared for their final aim: a conspiracy to overthrow the National Assembly.
The next morning troops guarded the doors of the National Assembly's chamber. The doors were closed, and its members were refused entry. They moved to a tennis court near Versailles, the most convenient place they could find. There they resumed their session and swore never to separate under any circumstances except death until they had established a constitution. Closing their meeting hall had only united the members more closely. The hall was reopened the next day, and public business resumed there as usual.
We must now look at how the new ministry was formed to overthrow the National Assembly. Force would be needed, so orders were issued to gather thirty thousand troops. Broglio, who was to be part of the new ministry, was recalled from the country to command them. Some maneuvering was needed to hide this plan until it could be carried out. That explains a declaration by the Count D'Artois that belongs here.
If the dissenters kept meeting in chambers apart from the National Assembly, people would grow more suspicious than if they joined it. They might discover the plot. But the dissenters had committed themselves to separate chambers and needed an excuse to abandon them. The Count D'Artois provided one. He declared, "If they do not take part in the National Assembly, the king's life will be in danger." They then left their chambers and joined the Assembly as one body.
At the time, people generally treated the Count D'Artois's declaration as nonsense. They thought its only purpose was to rescue the remaining members of the two chambers from their reduced position. If nothing else had happened, that would have been a fair judgment. But later events explained what was really going on. Their apparent union covered the plotting in secret, and the declaration served that purpose. Soon the National Assembly found itself surrounded by troops, with thousands more arriving daily. The Assembly sent the King a forceful declaration protesting the measure and demanding an explanation. The King, who later said he knew nothing of the scheme, answered in substance that he only wanted to preserve public peace, which seemed badly disturbed.
Within a few days the plot became clear. M. Neckar and the ministry were removed and replaced by enemies of the Revolution. Broglio had arrived with between twenty-five and thirty thousand foreign troops to support them. They no longer hid their purpose, and matters reached a crisis. Within three days the new ministers and their supporters found it wise to flee the nation. The Bastille was taken, and Broglio and his foreign troops scattered, as told earlier in this work.
Some details of this brief ministry and brief attempt at counter-revolution are remarkable. The Palace of Versailles, where the Court sat, was no more than four hundred yards from the hall where the National Assembly sat. At that moment they were like the headquarters of two opposing armies. Yet the Court knew as little about the news the Assembly was receiving from Paris as if it had been a hundred miles away. The Marquis de la Fayette, chosen to preside over the Assembly for this occasion as already noted, appointed three successive delegations to the king on the day the Bastille was taken, continuing into the evening. The Assembly wanted to tell him what was happening and discuss it with him. But the ministry did not even know the Bastille was under attack. Its members blocked all contact and congratulated themselves on how cleverly they had succeeded. Within hours, reports arrived so fast that they had to jump from their desks and run. They fled in different disguises, with none appearing as himself. Now their concern was to get ahead of the news before they were stopped. The news traveled quickly, but they traveled faster.
It is worth noting that the National Assembly did not pursue these fleeing conspirators. It paid them no attention and sought no revenge of any kind. It was busy establishing a constitution based on the Rights of Man and the Authority of the People—the only authority on which any government has a right to exist. The Assembly did not feel the petty passions of arrogant governments that claim authority on their own account or rely on the absurd idea of hereditary succession. The human mind can become like what it considers and act in keeping with its purpose.
With the conspiracy broken up, one of the National Assembly's first acts was not to issue vengeful proclamations, as other governments have done. It published a declaration of the Rights of Man. That declaration would be the foundation for the new constitution, and it follows here:
Observations on the Declaration of Rights
Declaration
Of the
Rights of Man and of Citizens
By the National Assembly of France
The representatives of the people of France, gathered as a National Assembly, consider ignorance, neglect, and contempt of human rights the only causes of public disasters and corruption in Government. They have therefore resolved to state these natural rights, which cannot be lost through time or taken away, in a formal declaration. If members of society keep this declaration in mind, they will always pay attention to their rights and duties. If the actions of the legislative and executive branches can always be compared with the purpose of political institutions, they may be more respected. And if citizens base their future demands on simple, undeniable principles, those demands may always help maintain the Constitution and the general happiness.
For these reasons, the National Assembly recognizes and declares the following sacred rights of men and citizens in the presence of the Supreme Being, hoping for his blessing and favor:
One: People are born free and equal in rights, and remain so. Differences in civil status can therefore be based only on what benefits the public.
Two: The purpose of every political association is to protect the natural rights of man, which cannot be lost through time. These rights are liberty, property, security, and resistance to oppression.
Three: All sovereign authority comes from the Nation. No individual or group may hold any authority unless it comes expressly from the Nation.
Four: Political liberty means being able to do anything that does not harm someone else. A person's exercise of natural rights can be limited only as needed to let everyone else exercise the same rights freely. Only the Law can set those limits.
Five: The Law should prohibit only actions that harm society. Nothing the Law does not prohibit should be prevented, and no one should be forced to do anything the Law does not require.
Six: The Law expresses the will of the community. Every citizen has a right to take part in making it, in person or through representatives. It must apply equally to everyone, whether protecting or punishing. Everyone is equal before it and equally eligible for all honors, offices, and jobs according to ability. The only differences that matter are those of virtue and talent.
Seven: No person may be accused, arrested, or detained except in cases set out by the Law and according to the procedures it prescribes. Anyone who promotes, requests, carries out, or orders someone else to carry out arbitrary commands should be punished. Every citizen summoned or arrested under the Law must obey at once, and becomes guilty by resisting.
Eight: The Law should set only penalties that are clearly and absolutely necessary. No one should be punished except under a Law made public before the offense and applied legally.
Nine: Every person is presumed innocent until convicted. If detention is necessary, the Law should prevent any harsh treatment beyond what is needed to keep the person in custody.
Ten: No one should be harassed for their opinions, including religious opinions, as long as expressing them does not disturb the public order established by Law.
Eleven: The free sharing of thoughts and opinions is one of the most precious human rights. Every citizen may speak, write, and publish freely, while being responsible for abuses of this freedom in cases set out by Law.
Twelve: A public force is needed to protect the rights of men and citizens. It is established for the community's benefit, not for the personal benefit of those entrusted with it.
Thirteen: A common contribution is needed to support the public force and pay other government expenses. It should be shared equally among members of the community according to their ability to pay.
Fourteen: Every citizen has a right, personally or through a representative, to have a free voice in deciding whether public contributions are needed, how they will be used, how large they will be, how they will be assessed, and how long they will last.
Fifteen: Every community has a right to demand an account of the conduct of all its agents.
Sixteen: A community has no Constitution if it does not provide for a separation of powers and protection of rights.
Seventeen: The right to property is sacred and cannot be violated. No one should be deprived of property except when a clear public necessity, established by law, requires it, and only with fair compensation paid beforehand.
Part I: Observations on the Declaration of Rights, 1
18th-century English
The first three articles comprehend in general terms the whole of a Declaration of Rights, all the succeeding articles either originate from them or follow as elucidations. The 4th, 5th, and 6th define more particularly what is only generally expressed in the 1st, 2nd, and 3rd.
The 7th, 8th, 9th, 10th, and 11th articles are declaratory of principles upon which laws shall be constructed, conformable to rights already declared. But it is questioned by some very good people in France, as well as in other countries, whether the 10th article sufficiently guarantees the right it is intended to accord with; besides which it takes off from the divine dignity of religion, and weakens its operative force upon the mind, to make it a subject of human laws. It then presents itself to man like light intercepted by a cloudy medium, in which the source of it is obscured from his sight, and he sees nothing to reverence in the dusky ray.*10
The remaining articles, beginning with the twelfth, are substantially contained in the principles of the preceding articles; but in the particular situation in which France then was, having to undo what was wrong, as well as to set up what was right, it was proper to be more particular than what in another condition of things would be necessary.
While the Declaration of Rights was before the National Assembly some of its members remarked that if a declaration of rights were published it should be accompanied by a Declaration of Duties. The observation discovered a mind that reflected, and it only erred by not reflecting far enough. A Declaration of Rights is, by reciprocity, a Declaration of Duties also. Whatever is my right as a man is also the right of another; and it becomes my duty to guarantee as well as to possess.
The three first articles are the base of Liberty, as well individual as national; nor can any country be called free whose government does not take its beginning from the principles they contain, and continue to preserve them pure; and the whole of the Declaration of Rights is of more value to the world, and will do more good, than all the laws and statutes that have yet been promulgated.
In the declaratory exordium which prefaces the Declaration of Rights we see the solemn and majestic spectacle of a nation opening its commission, under the auspices of its Creator, to establish a Government, a scene so new, and so transcendantly unequalled by anything in the European world, that the name of a Revolution is diminutive of its character, and it rises into a Regeneration of man. What are the present Governments of Europe but a scene of iniquity and oppression? What is that of England? Do not its own inhabitants say it is a market where every man has his price, and where corruption is common traffic at the expense of a deluded people? No wonder, then, that the French Revolution is traduced. Had it confined itself merely to the destruction of flagrant despotism perhaps Mr. Burke and some others had been silent. Their cry now is, "It has gone too far"—that is, it has gone too far for them. It stares corruption in the face, and the venal tribe are all alarmed. Their fear discovers itself in their outrage, and they are but publishing the groans of a wounded vice. But from such opposition the French Revolution, instead of suffering, receives an homage. The more it is struck the more sparks it will emit; and the fear is it will not be struck enough. It has nothing to dread from attacks; truth has given it an establishment, and time will record it with a name as lasting as his own.
Having now traced the progress of the French Revolution through most of its principal stages, from its commencement to the taking of the Bastille, and its establishment by the Declaration of Rights, I will close the subject with the energetic apostrophe of M. de la Fayette, "May this great monument, raised to Liberty, serve as a lesson to the oppressor, and an example to the oppressed!"*11
MISCELLANEOUS CHAPTER
To prevent interrupting the argument in the preceding part of this work, or the narrative that follows it, I reserved some observations to be thrown together in a Miscellaneous Chapter; by which variety might not be censured for confusion. Mr. Burke's book is all Miscellany. His intention was to make an attack on the French Revolution; but instead of proceeding with an orderly arrangement, he has stormed it with a mob of ideas tumbling over and destroying one another.
But this confusion and contradiction in Mr. Burke's Book is easily accounted for.—When a man in a wrong cause attempts to steer his course by anything else than some polar truth or principle, he is sure to be lost. It is beyond the compass of his capacity to keep all the parts of an argument together, and make them unite in one issue, by any other means than having this guide always in view. Neither memory nor invention will supply the want of it. The former fails him, and the latter betrays him.
Notwithstanding the nonsense, for it deserves no better name, that Mr. Burke has asserted about hereditary rights, and hereditary succession, and that a Nation has not a right to form a Government of itself; it happened to fall in his way to give some account of what Government is. "Government," says he, "is a contrivance of human wisdom."
Admitting that government is a contrivance of human wisdom, it must necessarily follow, that hereditary succession, and hereditary rights (as they are called), can make no part of it, because it is impossible to make wisdom hereditary; and on the other hand, that cannot be a wise contrivance, which in its operation may commit the government of a nation to the wisdom of an idiot. The ground which Mr. Burke now takes is fatal to every part of his cause. The argument changes from hereditary rights to hereditary wisdom; and the question is, Who is the wisest man? He must now show that every one in the line of hereditary succession was a Solomon, or his title is not good to be a king. What a stroke has Mr. Burke now made! To use a sailor's phrase, he has swabbed the deck, and scarcely left a name legible in the list of Kings; and he has mowed down and thinned the House of Peers, with a scythe as formidable as Death and Time.
But Mr. Burke appears to have been aware of this retort; and he has taken care to guard against it, by making government to be not only a contrivance of human wisdom, but a monopoly of wisdom. He puts the nation as fools on one side, and places his government of wisdom, all wise men of Gotham, on the other side; and he then proclaims, and says that "Men have a Right that their Wants should be provided for by this wisdom." Having thus made proclamation, he next proceeds to explain to them what their wants are, and also what their rights are. In this he has succeeded dextrously, for he makes their wants to be a want of wisdom; but as this is cold comfort, he then informs them, that they have a right (not to any of the wisdom) but to be governed by it; and in order to impress them with a solemn reverence for this monopoly-government of wisdom, and of its vast capacity for all purposes, possible or impossible, right or wrong, he proceeds with astrological mysterious importance, to tell to them its powers in these words: "The rights of men in government are their advantages; and these are often in balance between differences of good; and in compromises sometimes between good and evil, and sometimes between evil and evil. Political reason is a computing principle; adding—subtracting—multiplying—and dividing, morally and not metaphysically or mathematically, true moral denominations."
As the wondering audience, whom Mr. Burke supposes himself talking to, may not understand all this learned jargon, I will undertake to be its interpreter. The meaning, then, good people, of all this, is: That government is governed by no principle whatever; that it can make evil good, or good evil, just as it pleases. In short, that government is arbitrary power.
But there are some things which Mr. Burke has forgotten. First, he has not shown where the wisdom originally came from: and secondly, he has not shown by what authority it first began to act. In the manner he introduces the matter, it is either government stealing wisdom, or wisdom stealing government. It is without an origin, and its powers without authority. In short, it is usurpation.
Whether it be from a sense of shame, or from a consciousness of some radical defect in a government necessary to be kept out of sight, or from both, or from any other cause, I undertake not to determine, but so it is, that a monarchical reasoner never traces government to its source, or from its source. It is one of the shibboleths by which he may be known. A thousand years hence, those who shall live in America or France, will look back with contemplative pride on the origin of their government, and say, This was the work of our glorious ancestors! But what can a monarchical talker say? What has he to exult in? Alas he has nothing. A certain something forbids him to look back to a beginning, lest some robber, or some Robin Hood, should rise from the long obscurity of time and say, I am the origin. Hard as Mr. Burke laboured at the Regency Bill and Hereditary Succession two years ago, and much as he dived for precedents, he still had not boldness enough to bring up William of Normandy, and say, There is the head of the list! there is the fountain of honour! the son of a prostitute, and the plunderer of the English nation.
The opinions of men with respect to government are changing fast in all countries. The Revolutions of America and France have thrown a beam of light over the world, which reaches into man. The enormous expense of governments has provoked people to think, by making them feel; and when once the veil begins to rend, it admits not of repair. Ignorance is of a peculiar nature: once dispelled, it is impossible to re-establish it. It is not originally a thing of itself, but is only the absence of knowledge; and though man may be kept ignorant, he cannot be made ignorant. The mind, in discovering truth, acts in the same manner as it acts through the eye in discovering objects; when once any object has been seen, it is impossible to put the mind back to the same condition it was in before it saw it. Those who talk of a counter-revolution in France, show how little they understand of man. There does not exist in the compass of language an arrangement of words to express so much as the means of effecting a counter-revolution. The means must be an obliteration of knowledge; and it has never yet been discovered how to make man unknow his knowledge, or unthink his thoughts.
Mr. Burke is labouring in vain to stop the progress of knowledge; and it comes with the worse grace from him, as there is a certain transaction known in the city which renders him suspected of being a pensioner in a fictitious name. This may account for some strange doctrine he has advanced in his book, which though he points it at the Revolution Society, is effectually directed against the whole nation.
"The King of England," says he, "holds his crown (for it does not belong to the Nation, according to Mr. Burke) in contempt of the choice of the Revolution Society, who have not a single vote for a king among them either individually or collectively; and his Majesty's heirs each in their time and order, will come to the Crown with the same contempt of their choice, with which his Majesty has succeeded to that which he now wears."
As to who is King in England, or elsewhere, or whether there is any King at all, or whether the people choose a Cherokee chief, or a Hessian hussar for a King, it is not a matter that I trouble myself about—be that to themselves; but with respect to the doctrine, so far as it relates to the Rights of Men and Nations, it is as abominable as anything ever uttered in the most enslaved country under heaven. Whether it sounds worse to my ear, by not being accustomed to hear such despotism, than what it does to another person, I am not so well a judge of; but of its abominable principle I am at no loss to judge.
It is not the Revolution Society that Mr. Burke means; it is the Nation, as well in its original as in its representative character; and he has taken care to make himself understood, by saying that they have not a vote either collectively or individually. The Revolution Society is composed of citizens of all denominations, and of members of both the Houses of Parliament; and consequently, if there is not a right to a vote in any of the characters, there can be no right to any either in the nation or in its Parliament. This ought to be a caution to every country how to import foreign families to be kings. It is somewhat curious to observe, that although the people of England had been in the habit of talking about kings, it is always a Foreign House of Kings; hating Foreigners yet governed by them.—It is now the House of Brunswick, one of the petty tribes of Germany.
English
The first three articles contain the whole Declaration of Rights in general terms. Every later article either grows out of them or explains them. The 4th, 5th, and 6th give more detail about what the 1st, 2nd, and 3rd state generally.
The 7th, 8th, 9th, 10th, and 11th articles state principles for making laws consistent with the rights already declared. But some very good people in France and elsewhere question whether the 10th article does enough to protect the right it addresses. Beyond that, making religion a matter for human law takes away its divine dignity and weakens its effect on the mind. Religion then appears to us like light passing through a cloud: its source is hidden, and the dim ray gives us nothing to revere.*10
The remaining articles, starting with the twelfth, are essentially included in the principles of the earlier ones. But France had to undo what was wrong as well as establish what was right. Its particular circumstances made more detail appropriate than would be needed elsewhere.
While the National Assembly considered the Declaration of Rights, some members said it should be accompanied by a Declaration of Duties. That showed they were thinking, but not thinking far enough. A Declaration of Rights also declares duties, because rights are mutual. Whatever right I have as a person belongs to another person too. It is my duty to protect that right as well as to possess it.
The first three articles form the basis of freedom for individuals and for nations. No country can be called free unless its government begins with those principles and keeps them intact. The entire Declaration of Rights is worth more to the world, and will do more good, than every law and statute issued so far.
The solemn introduction to the Declaration of Rights shows us a nation beginning the task, under its Creator's blessing, of establishing a Government. The sight is so new and so far beyond anything seen in Europe that calling it a Revolution understates it. It is a rebirth of humanity. What are Europe's present Governments but systems of injustice and oppression? What about England's government? Don't its own people call it a marketplace where everyone has a price and corruption is routine business paid for by a deceived public? It is no surprise, then, that people slander the French Revolution. Perhaps Mr. Burke and others would have kept quiet if it had merely destroyed open despotism. Now they cry, "It has gone too far"—too far for them, that is. It confronts corruption directly, and the people who profit by selling themselves are frightened. Their fury shows their fear. They are only giving voice to the pain of an injured vice. But such attacks pay tribute to the French Revolution rather than hurting it. The more blows it receives, the more sparks it throws off. The danger is that it will not be struck often enough. It need not fear attacks. Truth has secured its place, and time will give it a name as lasting as time itself.
I have followed the French Revolution through most of its main stages, from its beginnings to the taking of the Bastille and its establishment through the Declaration of Rights. I will close this subject with M. de la Fayette's forceful appeal: "May this great monument, raised to Liberty, serve as a lesson to the oppressor, and an example to the oppressed!"*11
Miscellaneous Chapter
I kept some observations for this Miscellaneous Chapter so I would not interrupt either the earlier argument or the account that follows. In that way, a variety of subjects need not become confusion. Mr. Burke's book is miscellaneous from beginning to end. He meant to attack the French Revolution, but instead of organizing his argument, he assaulted it with a crowd of ideas that collide with and destroy one another.
The confusion and contradictions in Mr. Burke's book are easy to explain. If a man defending a bad cause tries to steer by anything other than a steady principle or truth, he is certain to get lost. Without such a guide always before him, he cannot keep all the parts of an argument together and bring them to one conclusion. Memory cannot make up for its absence, nor can invention. Memory fails him, and invention betrays him.
Mr. Burke has written nonsense—there is no better word for it—about hereditary rights and hereditary succession, and has claimed that a Nation has no right to form its own Government. Yet in the course of his argument he gives an account of what Government is. "Government," he says, "is a contrivance of human wisdom."
If government is a product of human wisdom, hereditary succession and so-called hereditary rights cannot be part of it. Wisdom cannot be inherited. And an arrangement that might place a nation's government in the hands of an idiot cannot be wise. Mr. Burke's own position destroys his whole case. The argument has shifted from hereditary rights to hereditary wisdom. Now the question is: Who is wisest? He must prove that each person in a hereditary line was a Solomon, or that person's claim to be king is invalid. What a blow Mr. Burke has dealt! As a sailor would say, he has swabbed the deck. He has left barely a readable name on the list of Kings. With a scythe as frightening as Death and Time, he has cut down and thinned the House of Peers too.
Mr. Burke seems to have expected this reply and tried to defend against it. He says government is not merely a product of human wisdom; it has a monopoly on wisdom. He puts the foolish nation on one side and his government of wisdom—all the wise men of Gotham—on the other. Then he proclaims that "Men have a Right that their Wants should be provided for by this wisdom." After that, he explains to people both their wants and their rights. He does it skillfully: what they want, he says, is wisdom. That is little comfort, so he tells them they have a right, not to share in wisdom, but to be governed by it. To make them deeply respectful of this government with its monopoly on wisdom, and impressed by its ability to do anything, possible or impossible, right or wrong, he describes its powers in grand, mysterious terms, like an astrologer: "The rights of men in government are their advantages; and these are often in balance between differences of good; and in compromises sometimes between good and evil, and sometimes between evil and evil. Political reason is a computing principle; adding—subtracting—multiplying—and dividing, morally and not metaphysically or mathematically, true moral denominations."
The amazed audience Mr. Burke imagines may not understand this scholarly jargon. I will translate it for them. Good people, this is what it means: government follows no principle at all. It may turn evil into good or good into evil as it pleases. In short, government has unlimited, arbitrary power.
But Mr. Burke forgot a few things. First, he has not shown where this wisdom originally came from. Second, he has not shown what authority first gave it power to act. As he presents it, either government stole wisdom or wisdom stole government. It has no origin, and its power has no authority. In short, it is a seizure of power.
I cannot say whether it comes from shame, from knowing that a basic flaw in the government must be hidden, from both, or from some other cause. But a defender of monarchy never traces government back to its source or forward from it. That is one sure way to recognize him. In a thousand years, people living in America or France will look back with thoughtful pride on the origins of their government and say, "Our remarkable ancestors did this!" What can a defender of monarchy say? What can he be proud of? Nothing, unfortunately. Something keeps him from looking back to the beginning. He fears that some robber or Robin Hood will emerge from the distant past and say, "I am the origin." Two years ago Mr. Burke worked hard on the Regency Bill and Hereditary Succession and searched deeply for precedents. Yet he did not dare bring up William of Normandy and say, "There is the first name on the list! There is the source of honor!" William was the son of a prostitute and the man who plundered the English nation.
People's views about government are changing quickly everywhere. The Revolutions in America and France have cast light across the world and into people's minds. The immense cost of governments has made people think by making them feel its effects. Once the veil begins to tear, it cannot be repaired. Ignorance has a special nature: once it is removed, it cannot be restored. It is not a thing in its own right, only the absence of knowledge. People can be kept ignorant, but they cannot be made ignorant again. When the mind discovers truth, it works like the eye seeing an object. Once an object has been seen, the mind cannot return to the condition it was in before seeing it. Those who talk about a counter-revolution in France understand very little about people. Language does not even have words for the means of bringing one about. It would require erasing knowledge, and no one has found a way to make a person forget what they know or stop thinking thoughts they have thought.
Mr. Burke is working in vain to halt the spread of knowledge. It looks especially bad coming from him, given a certain transaction known in the city that has raised suspicions he receives a pension under an assumed name. That may explain a strange claim in his book. He aims it at the Revolution Society, but it actually targets the whole nation.
"The King of England," he says, "holds his crown (for it does not belong to the Nation, according to Mr. Burke) in contempt of the choice of the Revolution Society, who have not a single vote for a king among them either individually or collectively; and his Majesty's heirs each in their time and order, will come to the Crown with the same contempt of their choice, with which his Majesty has succeeded to that which he now wears."
I do not concern myself with who is King of England or any other place, whether it has a King at all, or whether its people choose a Cherokee chief or a Hessian hussar as King. Those choices are theirs. But this doctrine, as it affects the Rights of Men and Nations, is as hateful as anything ever said in the most enslaved country on earth. Perhaps it sounds worse to me because I am not used to hearing such despotism; I cannot judge that well. But I can certainly judge how hateful its principle is.
Mr. Burke does not really mean the Revolution Society. He means the Nation, both as a whole and through its representatives. He makes that clear by saying its members have no vote either together or individually. The Revolution Society includes all kinds of citizens and members of both Houses of Parliament. If none of them has a right to vote in any of these roles, neither the nation nor its Parliament has that right. Every country should take warning before bringing in foreign families as kings. It is curious that although the people of England habitually talk about kings, their kings always come from a Foreign House. They hate foreigners, yet foreigners govern them. The current one is the House of Brunswick, one of Germany's minor tribes.
Part I: Observations on the Declaration of Rights, 2
18th-century English
It has hitherto been the practice of the English Parliaments to regulate what was called the succession (taking it for granted that the Nation then continued to accord to the form of annexing a monarchical branch of its government; for without this the Parliament could not have had authority to have sent either to Holland or to Hanover, or to impose a king upon the nation against its will). And this must be the utmost limit to which Parliament can go upon this case; but the right of the Nation goes to the whole case, because it has the right of changing its whole form of government. The right of a Parliament is only a right in trust, a right by delegation, and that but from a very small part of the Nation; and one of its Houses has not even this. But the right of the Nation is an original right, as universal as taxation. The nation is the paymaster of everything, and everything must conform to its general will.
I remember taking notice of a speech in what is called the English House of Peers, by the then Earl of Shelburne, and I think it was at the time he was Minister, which is applicable to this case. I do not directly charge my memory with every particular; but the words and the purport, as nearly as I remember, were these: "That the form of a Government was a matter wholly at the will of the Nation at all times, that if it chose a monarchical form, it had a right to have it so; and if it afterwards chose to be a Republic, it had a right to be a Republic, and to say to a King, 'We have no longer any occasion for you.'"
When Mr. Burke says that "His Majesty's heirs and successors, each in their time and order, will come to the crown with the same content of their choice with which His Majesty had succeeded to that he wears," it is saying too much even to the humblest individual in the country; part of whose daily labour goes towards making up the million sterling a-year, which the country gives the person it styles a king. Government with insolence is despotism; but when contempt is added it becomes worse; and to pay for contempt is the excess of slavery. This species of government comes from Germany; and reminds me of what one of the Brunswick soldiers told me, who was taken prisoner by, the Americans in the late war: "Ah!" said he, "America is a fine free country, it is worth the people's fighting for; I know the difference by knowing my own: in my country, if the prince says eat straw, we eat straw." God help that country, thought I, be it England or elsewhere, whose liberties are to be protected by German principles of government, and Princes of Brunswick!
As Mr. Burke sometimes speaks of England, sometimes of France, and sometimes of the world, and of government in general, it is difficult to answer his book without apparently meeting him on the same ground. Although principles of Government are general subjects, it is next to impossible, in many cases, to separate them from the idea of place and circumstance, and the more so when circumstances are put for arguments, which is frequently the case with Mr. Burke.
In the former part of his book, addressing himself to the people of France, he says: "No experience has taught us (meaning the English), that in any other course or method than that of a hereditary crown, can our liberties be regularly perpetuated and preserved sacred as our hereditary right." I ask Mr. Burke, who is to take them away? M. de la Fayette, in speaking to France, says: "For a Nation to be free, it is sufficient that she wills it." But Mr. Burke represents England as wanting capacity to take care of itself, and that its liberties must be taken care of by a King holding it in "contempt." If England is sunk to this, it is preparing itself to eat straw, as in Hanover, or in Brunswick. But besides the folly of the declaration, it happens that the facts are all against Mr. Burke. It was by the government being hereditary, that the liberties of the people were endangered. Charles I. and James II. are instances of this truth; yet neither of them went so far as to hold the Nation in contempt.
As it is sometimes of advantage to the people of one country to hear what those of other countries have to say respecting it, it is possible that the people of France may learn something from Mr. Burke's book, and that the people of England may also learn something from the answers it will occasion. When Nations fall out about freedom, a wide field of debate is opened. The argument commences with the rights of war, without its evils, and as knowledge is the object contended for, the party that sustains the defeat obtains the prize.
Mr. Burke talks about what he calls an hereditary crown, as if it were some production of Nature; or as if, like Time, it had a power to operate, not only independently, but in spite of man; or as if it were a thing or a subject universally consented to. Alas! it has none of those properties, but is the reverse of them all. It is a thing in imagination, the propriety of which is more than doubted, and the legality of which in a few years will be denied.
But, to arrange this matter in a clearer view than what general expression can heads under which (what is called) an hereditary crown, or more properly speaking, an hereditary succession to the Government of a Nation, can be considered; which are:
First, The right of a particular Family to establish itself.
Secondly, The right of a Nation to establish a particular Family.
With respect to the first of these heads, that of a Family establishing itself with hereditary powers on its own authority, and independent of the consent of a Nation, all men will concur in calling it despotism; and it would be trespassing on their understanding to attempt to prove it.
But the second head, that of a Nation establishing a particular Family with hereditary powers, does not present itself as despotism on the first reflection; but if men will permit it a second reflection to take place, and carry that reflection forward but one remove out of their own persons to that of their offspring, they will then see that hereditary succession becomes in its consequences the same despotism to others, which they reprobated for themselves. It operates to preclude the consent of the succeeding generations; and the preclusion of consent is despotism. When the person who at any time shall be in possession of a Government, or those who stand in succession to him, shall say to a Nation, I hold this power in "contempt" of you, it signifies not on what authority he pretends to say it. It is no relief, but an aggravation to a person in slavery, to reflect that he was sold by his parent; and as that which heightens the criminality of an act cannot be produced to prove the legality of it, hereditary succession cannot be established as a legal thing.
In order to arrive at a more perfect decision on this head, it will be proper to consider the generation which undertakes to establish a Family with hereditary powers, apart and separate from the generations which are to follow; and also to consider the character in which the first generation acts with respect to succeeding generations.
The generation which first selects a person, and puts him at the head of its Government, either with the title of King, or any other distinction, acts on its own choice, be it wise or foolish, as a free agent for itself The person so set up is not hereditary, but selected and appointed; and the generation who sets him up, does not live under a hereditary government, but under a government of its own choice and establishment. Were the generation who sets him up, and the person so set up, to live for ever, it never could become hereditary succession; and of consequence hereditary succession can only follow on the death of the first parties.
As, therefore, hereditary succession is out of the question with respect to the first generation, we have now to consider the character in which that generation acts with respect to the commencing generation, and to all succeeding ones.
It assumes a character, to which it has neither right nor title. It changes itself from a Legislator to a Testator, and effects to make its Will, which is to have operation after the demise of the makers, to bequeath the Government; and it not only attempts to bequeath, but to establish on the succeeding generation, a new and different form of Government under which itself lived. Itself, as already observed, lived not under a hereditary Government but under a Government of its own choice and establishment; and it now attempts, by virtue of a will and testament (and which it has not authority to make), to take from the commencing generation, and all future ones, the rights and free agency by which itself acted.
But, exclusive of the right which any generation has to act collectively as a testator, the objects to which it applies itself in this case, are not within the compass of any law, or of any will or testament.
The rights of men in society, are neither devisable or transferable, nor annihilable, but are descendable only, and it is not in the power of any generation to intercept finally, and cut off the descent. If the present generation, or any other, are disposed to be slaves, it does not lessen the right of the succeeding generation to be free. Wrongs cannot have a legal descent. When Mr. Burke attempts to maintain that the English nation did at the Revolution of 1688, most solemnly renounce and abdicate their rights for themselves, and for all their posterity for ever, he speaks a language that merits not reply, and which can only excite contempt for his prostitute principles, or pity for his ignorance.
In whatever light hereditary succession, as growing out of the will and testament of some former generation, presents itself, it is an absurdity. A cannot make a will to take from B the property of B, and give it to C; yet this is the manner in which (what is called) hereditary succession by law operates. A certain former generation made a will, to take away the rights of the commencing generation, and all future ones, and convey those rights to a third person, who afterwards comes forward, and tells them, in Mr. Burke's language, that they have no rights, that their rights are already bequeathed to him and that he will govern in contempt of them. From such principles, and such ignorance, good Lord deliver the world!
But, after all, what is this metaphor called a crown, or rather what is monarchy? Is it a thing, or is it a name, or is it a fraud? Is it a "contrivance of human wisdom," or of human craft to obtain money from a nation under specious pretences? Is it a thing necessary to a nation? If it is, in what does that necessity consist, what service does it perform, what is its business, and what are its merits? Does the virtue consist in the metaphor, or in the man? Doth the goldsmith that makes the crown, make the virtue also? Doth it operate like Fortunatus's wishing-cap, or Harlequin's wooden sword? Doth it make a man a conjurer? In fine, what is it? It appears to be something going much out of fashion, falling into ridicule, and rejected in some countries, both as unnecessary and expensive. In America it is considered as an absurdity; and in France it has so far declined, that the goodness of the man, and the respect for his personal character, are the only things that preserve the appearance of its existence.
If government be what Mr. Burke describes it, "a contrivance of human wisdom" I might ask him, if wisdom was at such a low ebb in England, that it was become necessary to import it from Holland and from Hanover? But I will do the country the justice to say, that was not the case; and even if it was it mistook the cargo. The wisdom of every country, when properly exerted, is sufficient for all its purposes; and there could exist no more real occasion in England to have sent for a Dutch Stadtholder, or a German Elector, than there was in America to have done a similar thing. If a country does not understand its own affairs, how is a foreigner to understand them, who knows neither its laws, its manners, nor its language? If there existed a man so transcendently wise above all others, that his wisdom was necessary to instruct a nation, some reason might be offered for monarchy; but when we cast our eyes about a country, and observe how every part understands its own affairs; and when we look around the world, and see that of all men in it, the race of kings are the most insignificant in capacity, our reason cannot fail to ask us—What are those men kept for?
If there is anything in monarchy which we people of America do not understand, I wish Mr. Burke would be so kind as to inform us. I see in America, a government extending over a country ten times as large as England, and conducted with regularity, for a fortieth part of the expense which Government costs in England. If I ask a man in America if he wants a King, he retorts, and asks me if I take him for an idiot? How is it that this difference happens? are we more or less wise than others? I see in America the generality of people living in a style of plenty unknown in monarchical countries; and I see that the principle of its government, which is that of the equal Rights of Man, is making a rapid progress in the world.
English
Until now, English Parliaments have regulated what they called the succession. They took for granted that the nation still agreed to include a monarchy in its government. Without that agreement, Parliament would have had no authority to send for someone from Holland or Hanover, or to impose a king on the nation against its will. Regulating the succession is the most Parliament can do in this matter. The nation's right covers the whole matter, because the nation can change its entire form of government. Parliament's right is only a right held in trust, delegated by a very small part of the nation. One of its Houses does not even have that much authority. But the nation's right belongs to it originally and extends as widely as taxation. The nation pays for everything, and everything must follow its general will.
I remember a speech in what is called the English House of Peers by the then Earl of Shelburne. I think he was Minister at the time. It applies here. I cannot recall every detail exactly, but as nearly as I remember, these were his words and their meaning: "The form of a government is entirely up to the nation at all times. If it chooses a monarchy, it has a right to one. If it later chooses to be a republic, it has a right to be a republic, and to tell a king, 'We have no further need of you.'"
Mr. Burke says that "His Majesty's heirs and successors, each in their time and order, will come to the crown with the same content of their choice with which His Majesty had succeeded to that he wears." This is an insult even to the poorest person in the country. Some of that person's daily work helps pay the million sterling a year the country gives the person it calls king. A government that acts arrogantly is despotic. Add contempt and it becomes worse. Paying someone to hold you in contempt is slavery carried to an extreme. This kind of government comes from Germany. It reminds me of a Brunswick soldier whom the Americans took prisoner in the recent war. He told me, "Ah! America is a fine free country, worth fighting for. I know the difference because I know my own country: there, if the prince says eat straw, we eat straw." I thought, God help any country, England or elsewhere, whose liberties depend for protection on German ideas of government and Princes of Brunswick!
Mr. Burke speaks sometimes about England, sometimes about France, and sometimes about the whole world and government in general. It is hard to answer his book without seeming to move among those subjects as he does. Principles of government are general matters. But in many cases it is almost impossible to separate them from particular places and circumstances. This is especially true when circumstances are used as arguments, as Mr. Burke often uses them.
Earlier in his book, he addresses the people of France and says: "No experience has taught us"—meaning the English—"that in any other course or method than that of a hereditary crown, can our liberties be regularly perpetuated and preserved sacred as our hereditary right." I ask Mr. Burke: who is going to take those liberties away? M. de la Fayette tells France: "For a Nation to be free, it is sufficient that she wills it." But Mr. Burke depicts England as unable to look after itself. Its liberties, he says, need a king who holds it in "contempt" to look after them. If England has sunk this low, it is getting ready to eat straw, as people do in Hanover or Brunswick. Besides being foolish, his claim contradicts the facts. Hereditary government was what put people's liberties in danger. Charles I. and James II. show this, though neither went so far as to hold the nation in contempt.
People in one country can sometimes benefit from hearing what people in other countries say about it. The people of France may learn something from Mr. Burke's book, and the people of England may learn something from the replies it brings about. When nations disagree over freedom, they open a wide field of debate. The argument begins with the rights involved in war, but without war's harms. Since they are competing for knowledge, even the side that loses wins the prize.
Mr. Burke speaks of what he calls a hereditary crown as though it grew in nature. He talks as if, like time, it could act independently of people and even against their wishes, or as if everyone agreed to it. But it has none of these qualities. It is the opposite in every respect. It exists in the imagination. Whether it is right is more than doubtful, and in a few years its legality will be denied.
Let me make this clearer than a general statement can. What is called a hereditary crown—or, more accurately, hereditary succession to the government of a nation—can be considered under two headings:
First, the right of a particular family to establish itself.
Second, the right of a nation to establish a particular family.
Take the first: a family gives itself hereditary power on its own authority, without the nation's consent. Everyone would call that despotism. Trying to prove it would insult their intelligence.
The second—a nation giving a particular family hereditary power—may not look like despotism at first. But think again. Look just one generation beyond yourselves, to your children. You will see that hereditary succession imposes on them the very despotism you rejected for yourselves. It shuts out the consent of later generations, and shutting out consent is despotism. Suppose a person in power, or one who stands next in line, tells a nation, "I hold this power in 'contempt' of you." The supposed basis of his claim makes no difference. It is no comfort to a person enslaved to know that a parent sold him; that knowledge only makes the wrong worse. What increases the criminal nature of an act cannot prove that act lawful. So hereditary succession cannot be established as legal.
To reach a sounder judgment, we should look separately at the generation that first gives a family hereditary power and the generations that follow. We should also ask what authority the first generation claims over its successors.
The generation that first chooses a person to head its government, calling him king or giving him another title, makes its own choice, wise or foolish. It acts freely for itself. That first person is selected and appointed, not hereditary. The generation that appoints him lives under a government it has chosen and established, not a hereditary government. If both that generation and the person it chose lived forever, there could never be hereditary succession. Hereditary succession can arise only after those first parties die.
So hereditary succession does not apply to the first generation. We must now ask in what capacity that generation acts toward the generation just beginning and all those that follow.
It assumes a role to which it has no right or claim. Instead of acting as a lawmaker, it acts as someone making a will. It tries to make that will operate after its makers die and to leave the government to someone else. More than that, it tries to impose on the next generation a new kind of government, different from the one it lived under. As already noted, it lived under a government it chose and established, not a hereditary one. Now, through a will it has no authority to make, it tries to take away from the next generation and all future generations the rights and freedom to act that it exercised itself.
Apart from the question of whether any generation has the right to make a collective will, the things it tries to dispose of in this case cannot be disposed of under any law or will.
The rights people have in society cannot be left by will to someone else, transferred, or destroyed. They can only pass down to later generations. No generation can permanently block or cut off that passage. If this generation, or any other, chooses slavery, the next generation still has the right to be free. A wrong cannot become a lawful inheritance. Mr. Burke tries to argue that, at the Revolution of 1688, the English nation solemnly gave up its rights for itself and all its descendants forever. Such a claim does not deserve an answer. It can only inspire contempt for his corrupt principles or pity for his ignorance.
However we look at hereditary succession as the supposed will of an earlier generation, it is absurd. A cannot make a will that takes B's property and gives it to C. Yet this is exactly how so-called hereditary succession by law works. An earlier generation supposedly made a will taking the rights of the next generation and every later one and giving them to a third person. That person then comes forward and tells those generations, in Mr. Burke's terms, that they have no rights. Their rights have already been left to him, and he will rule while holding them in contempt. Good Lord, save the world from such principles and such ignorance!
After all, what is this metaphor called a crown? More precisely, what is monarchy? Is it a thing, a name, or a fraud? Is it "a contrivance of human wisdom," or a clever way to take money from a nation under convincing pretenses? Does a nation need it? If so, why? What does it do? What is its job, and what makes it worthwhile? Does its virtue lie in the metaphor or in the man? Does the goldsmith who makes a crown also make its virtue? Does it work like Fortunatus's wishing-cap or Harlequin's wooden sword? Does it turn a man into a magician? In short, what is it? It seems to be going out of fashion and becoming ridiculous. Some countries reject it as both useless and expensive. In America, people consider it absurd. In France, it has declined so far that only the man's goodness and the respect people have for his character keep up the appearance that it exists.
If government is what Mr. Burke calls it, "a contrivance of human wisdom," I might ask whether England had so little wisdom that it needed to import some from Holland and Hanover. To be fair to England, that was not the case. And even if it had been, England chose the wrong cargo. Every country has enough wisdom for its needs if it uses it properly. England had no more real need to send for a Dutch Stadtholder or a German Elector than America did to do the same. If a country cannot understand its own affairs, how will a foreigner understand them when he knows neither its laws, its customs, nor its language? If someone existed whose wisdom so far exceeded everyone else's that a nation needed his guidance, there might be an argument for monarchy. But look around any country and see how well each part understands its own affairs. Then look around the world and see that kings as a group are the least capable of all men. Reason must ask: why are these men kept?
If monarchy has some value that we in America do not understand, I wish Mr. Burke would tell us what it is. In America I see a government covering a country ten times the size of England. It operates in an orderly way at a fortieth of what government costs in England. If I ask someone in America whether he wants a king, he asks whether I think he is an idiot. Why is there this difference? Are we wiser or less wise than others? I see most people in America living with a level of plenty unknown in countries ruled by kings. And I see the principle behind its government—the equal Rights of Man—spreading rapidly around the world.
Part I: Observations on the Declaration of Rights, 3
18th-century English
If monarchy is a useless thing, why is it kept up anywhere? and if a necessary thing, how can it be dispensed with? That civil government is necessary, all civilized nations will agree; but civil government is republican government. All that part of the government of England which begins with the office of constable, and proceeds through the department of magistrate, quarter-sessions, and general assize, including trial by jury, is republican government. Nothing of monarchy appears in any part of it, except in the name which William the Conqueror imposed upon the English, that of obliging them to call him "Their Sovereign Lord the King."
It is easy to conceive that a band of interested men, such as Placemen, Pensioners, Lords of the bed-chamber, Lords of the kitchen, Lords of the necessary-house, and the Lord knows what besides, can find as many reasons for monarchy as their salaries, paid at the expense of the country, amount to; but if I ask the farmer, the manufacturer, the merchant, the tradesman, and down through all the occupations of life to the common labourer, what service monarchy is to him? he can give me no answer. If I ask him what monarchy is, he believes it is something like a sinecure.
Notwithstanding the taxes of England amount to almost seventeen millions a year, said to be for the expenses of Government, it is still evident that the sense of the Nation is left to govern itself, and does govern itself, by magistrates and juries, almost at its own charge, on republican principles, exclusive of the expense of taxes. The salaries of the judges are almost the only charge that is paid out of the revenue. Considering that all the internal government is executed by the people, the taxes of England ought to be the lightest of any nation in Europe; instead of which, they are the contrary. As this cannot be accounted for on the score of civil government, the subject necessarily extends itself to the monarchical part.
When the people of England sent for George the First (and it would puzzle a wiser man than Mr. Burke to discover for what he could be wanted, or what service he could render), they ought at least to have conditioned for the abandonment of Hanover. Besides the endless German intrigues that must follow from a German Elector being King of England, there is a natural impossibility of uniting in the same person the principles of Freedom and the principles of Despotism, or as it is usually called in England Arbitrary Power. A German Elector is in his electorate a despot; how then could it be expected that he should be attached to principles of liberty in one country, while his interest in another was to be supported by despotism? The union cannot exist; and it might easily have been foreseen that German Electors would make German Kings, or in Mr. Burke's words, would assume government with "contempt." The English have been in the habit of considering a King of England only in the character in which he appears to them; whereas the same person, while the connection lasts, has a home-seat in another country, the interest of which is different to their own, and the principles of the governments in opposition to each other. To such a person England will appear as a town-residence, and the Electorate as the estate. The English may wish, as I believe they do, success to the principles of liberty in France, or in Germany; but a German Elector trembles for the fate of despotism in his electorate; and the Duchy of Mecklenburgh, where the present Queen's family governs, is under the same wretched state of arbitrary power, and the people in slavish vassalage.
There never was a time when it became the English to watch continental intrigues more circumspectly than at the present moment, and to distinguish the politics of the Electorate from the politics of the Nation. The Revolution of France has entirely changed the ground with respect to England and France, as nations; but the German despots, with Prussia at their head, are combining against liberty; and the fondness of Mr. Pitt for office, and the interest which all his family connections have obtained, do not give sufficient security against this intrigue.
As everything which passes in the world becomes matter for history, I will now quit this subject, and take a concise review of the state of parties and politics in England, as Mr. Burke has done in France.
Whether the present reign commenced with contempt, I leave to Mr. Burke: certain, however, it is, that it had strongly that appearance. The animosity of the English nation, it is very well remembered, ran high; and, had the true principles of Liberty been as well understood then as they now promise to be, it is probable the Nation would not have patiently submitted to so much. George the First and Second were sensible of a rival in the remains of the Stuarts; and as they could not but consider themselves as standing on their good behaviour, they had prudence to keep their German principles of government to themselves; but as the Stuart family wore away, the prudence became less necessary.
The contest between rights, and what were called prerogatives, continued to heat the nation till some time after the conclusion of the American War, when all at once it fell a calm—Execration exchanged itself for applause, and Court popularity sprung up like a mushroom in a night.
To account for this sudden transition, it is proper to observe that there are two distinct species of popularity; the one excited by merit, and the other by resentment. As the Nation had formed itself into two parties, and each was extolling the merits of its parliamentary champions for and against prerogative, nothing could operate to give a more general shock than an immediate coalition of the champions themselves. The partisans of each being thus suddenly left in the lurch, and mutually heated with disgust at the measure, felt no other relief than uniting in a common execration against both. A higher stimulus or resentment being thus excited than what the contest on prerogatives occasioned, the nation quitted all former objects of rights and wrongs, and sought only that of gratification. The indignation at the Coalition so effectually superseded the indignation against the Court as to extinguish it; and without any change of principles on the part of the Court, the same people who had reprobated its despotism united with it to revenge themselves on the Coalition Parliament. The case was not, which they liked best, but which they hated most; and the least hated passed for love. The dissolution of the Coalition Parliament, as it afforded the means of gratifying the resentment of the Nation, could not fail to be popular; and from hence arose the popularity of the Court.
Transitions of this kind exhibit a Nation under the government of temper, instead of a fixed and steady principle; and having once committed itself, however rashly, it feels itself urged along to justify by continuance its first proceeding. Measures which at other times it would censure it now approves, and acts persuasion upon itself to suffocate its judgment.
On the return of a new Parliament, the new Minister, Mr. Pitt, found himself in a secure majority; and the Nation gave him credit, not out of regard to himself, but because it had resolved to do it out of resentment to another. He introduced himself to public notice by a proposed Reform of Parliament, which in its operation would have amounted to a public justification of corruption. The Nation was to be at the expense of buying up the rotten boroughs, whereas it ought to punish the persons who deal in the traffic.
Passing over the two bubbles of the Dutch business and the million a-year to sink the national debt, the matter which most presents itself, is the affair of the Regency. Never, in the course of my observation, was delusion more successfully acted, nor a nation more completely deceived. But, to make this appear, it will be necessary to go over the circumstances.
Mr. Fox had stated in the House of Commons, that the Prince of Wales, as heir in succession, had a right in himself to assume the Government. This was opposed by Mr. Pitt; and, so far as the opposition was confined to the doctrine, it was just. But the principles which Mr. Pitt maintained on the contrary side were as bad, or worse in their extent, than those of Mr. Fox; because they went to establish an aristocracy over the nation, and over the small representation it has in the House of Commons.
Whether the English form of Government be good or bad, is not in this case the question; but, taking it as it stands, without regard to its merits or demerits, Mr. Pitt was farther from the point than Mr. Fox.
It is supposed to consist of three parts:—while therefore the Nation is disposed to continue this form, the parts have a national standing, independent of each other, and are not the creatures of each other. Had Mr. Fox passed through Parliament, and said that the person alluded to claimed on the ground of the Nation, Mr. Pitt must then have contended what he called the right of the Parliament against the right of the Nation.
By the appearance which the contest made, Mr. Fox took the hereditary ground, and Mr. Pitt the Parliamentary ground; but the fact is, they both took hereditary ground, and Mr. Pitt took the worst of the two.
What is called the Parliament is made up of two Houses, one of which is more hereditary, and more beyond the control of the Nation than what the Crown (as it is called) is supposed to be. It is an hereditary aristocracy, assuming and asserting indefeasible, irrevocable rights and authority, wholly independent of the Nation. Where, then, was the merited popularity of exalting this hereditary power over another hereditary power less independent of the Nation than what itself assumed to be, and of absorbing the rights of the Nation into a House over which it has neither election nor control?
The general impulse of the Nation was right; but it acted without reflection. It approved the opposition made to the right set up by Mr. Fox, without perceiving that Mr. Pitt was supporting another indefeasible right more remote from the Nation, in opposition to it.
With respect to the House of Commons, it is elected but by a small part of the Nation; but were the election as universal as taxation, which it ought to be, it would still be only the organ of the Nation, and cannot possess inherent rights.—When the National Assembly of France resolves a matter, the resolve is made in right of the Nation; but Mr. Pitt, on all national questions, so far as they refer to the House of Commons, absorbs the rights of the Nation into the organ, and makes the organ into a Nation, and the Nation itself into a cypher.
In a few words, the question on the Regency was a question of a million a-year, which is appropriated to the executive department: and Mr. Pitt could not possess himself of any management of this sum, without setting up the supremacy of Parliament; and when this was accomplished, it was indifferent who should be Regent, as he must be Regent at his own cost. Among the curiosities which this contentious debate afforded, was that of making the Great Seal into a King, the affixing of which to an act was to be royal authority. If, therefore, Royal Authority is a Great Seal, it consequently is in itself nothing; and a good Constitution would be of infinitely more value to the Nation than what the three Nominal Powers, as they now stand, are worth.
The continual use of the word Constitution in the English Parliament shows there is none; and that the whole is merely a form of government without a Constitution, and constituting itself with what powers it pleases. If there were a Constitution, it certainly could be referred to; and the debate on any constitutional point would terminate by producing the Constitution. One member says this is Constitution, and another says that is Constitution—To-day it is one thing; and to-morrow something else—while the maintaining of the debate proves there is none. Constitution is now the cant word of Parliament, tuning itself to the ear of the Nation. Formerly it was the universal supremacy of Parliament—the omnipotence of Parliament: But since the progress of Liberty in France, those phrases have a despotic harshness in their note; and the English Parliament have catched the fashion from the National Assembly, but without the substance, of speaking of Constitution.
As the present generation of the people in England did not make the Government, they are not accountable for any of its defects; but, that sooner or later, it must come into their hands to undergo a constitutional reformation, is as certain as that the same thing has happened in France. If France, with a revenue of nearly twenty-four millions sterling, with an extent of rich and fertile country above four times larger than England, with a population of twenty-four millions of inhabitants to support taxation, with upwards of ninety millions sterling of gold and silver circulating in the nation, and with a debt less than the present debt of England—still found it necessary, from whatever cause, to come to a settlement of its affairs, it solves the problem of funding for both countries.
It is out of the question to say how long what is called the English constitution has lasted, and to argue from thence how long it is to last; the question is, how long can the funding system last? It is a thing but of modern invention, and has not yet continued beyond the life of a man; yet in that short space it has so far accumulated, that, together with the current expenses, it requires an amount of taxes at least equal to the whole landed rental of the nation in acres to defray the annual expenditure. That a government could not have always gone on by the same system which has been followed for the last seventy years, must be evident to every man; and for the same reason it cannot always go on.
English
If monarchy is useless, why does any country keep it? And if it is necessary, how can any country do without it? All civilized nations agree that civil government is necessary. But civil government is republican government. In England, government from the office of constable through magistrates, quarter-sessions, and general assizes, including jury trials, is republican. Nothing about it is monarchical except a name imposed on the English by William the Conqueror. He made them call him "Their Sovereign Lord the King."
Of course, a group of men with a financial interest in monarchy can find plenty of reasons to keep it. These include holders of government posts and pensions, Lords of the bed-chamber, Lords of the kitchen, Lords of the necessary-house, and who knows what other lords. They can offer as many reasons as there are sums in their salaries, which the country pays. But ask a farmer, a manufacturer, a merchant, a tradesman, or anyone else, down to an ordinary laborer, what service monarchy provides him. He has no answer. Ask him what monarchy is, and he thinks it is something like a paid office with no duties.
England collects almost seventeen millions a year in taxes, supposedly for government expenses. Yet the nation is plainly left to govern itself, and it does govern itself. It does so through magistrates and juries, on republican principles, almost at its own expense, on top of its taxes. Judges' salaries are almost the only expense paid from tax revenue. Since the people carry out all internal government, England's taxes ought to be the lowest in Europe. Instead they are the opposite. Civil government cannot explain that. So we must examine the monarchical part.
When the people of England sent for George the First, they should at least have required him to give up Hanover. A wiser man than Mr. Burke would struggle to see why England needed him or what service he could provide. A German Elector serving as King of England would bring endless German intrigues. More than that, one person cannot follow the principles of freedom and of despotism at the same time. In England, despotism is usually called arbitrary power. A German Elector rules his electorate as a despot. How could anyone expect him to favor liberty in one country when his position in another depends on despotism? The two cannot be joined. It was easy to foresee that German Electors would be German kings, ruling, in Mr. Burke's words, with "contempt." The English usually think of a King of England only as he appears to them. Yet, while this connection continues, the same man has his home base in another country. Its interests differ from England's, and their forms of government are opposed. England will look to him like a town house, and his Electorate like his estate. I believe the English wish the principles of liberty success in France and Germany. But a German Elector fears for despotism in his electorate. The Duchy of Mecklenburgh, ruled by the present Queen's family, suffers under the same miserable arbitrary power. Its people are held in servile dependence.
Now more than ever, the English need to watch intrigues on the continent closely and distinguish the Electorate's politics from the nation's. The Revolution of France has completely changed the relationship between England and France as nations. But German despots, led by Prussia, are joining forces against liberty. Mr. Pitt's love of office and the positions gained by his family connections are not enough to reassure us that this intrigue will be resisted.
Everything that happens in the world becomes part of history. I will leave this subject now and briefly examine parties and politics in England, as Mr. Burke has done for France.
I leave it to Mr. Burke to say whether the present reign began with contempt. It certainly looked that way. People remember how bitter the English nation felt. If the true principles of liberty had been as well understood then as they promise to be now, the nation probably would not have put up with so much. George the First and George the Second knew the remaining Stuarts were rivals. They also knew they had to behave well to stay in power, so they wisely kept their German ideas of government to themselves. As the Stuart family faded away, they had less reason to be careful.
The struggle between rights and what were called royal prerogatives kept the nation angry until some time after the American War ended. Then everything suddenly went quiet. Hatred turned to applause. Popularity for the Court sprang up overnight, like a mushroom.
To explain this sudden change, we should note that there are two kinds of popularity. One comes from merit; the other comes from resentment. The nation had divided into two parties. Each praised its champions in Parliament, one set for prerogative and the other against it. Nothing could have shocked people more widely than an immediate coalition between those champions. Both sets of supporters suddenly felt abandoned. Angry at the coalition, they found relief in joining to condemn both sides. Their new resentment was stronger than their feelings about royal prerogatives. The nation stopped thinking about the old disputes over rights and wrongs and wanted only satisfaction. Anger at the Coalition so thoroughly replaced anger at the Court that the latter vanished. The Court had not changed its principles, yet the same people who had condemned its despotism joined it to get revenge on the Coalition Parliament. They did not choose what they liked best, but what they hated least. Less hatred passed for love. Dissolving the Coalition Parliament gave the nation a way to satisfy its resentment, so the dissolution was bound to be popular. That is where the Court's popularity came from.
Changes like this show a nation ruled by its mood instead of a firm, steady principle. Once it has acted, even rashly, it feels driven to keep going to justify its first move. It now approves measures it would condemn at other times and talks itself into silencing its judgment.
When a new Parliament met, the new Minister, Mr. Pitt, found that he had a secure majority. The nation trusted him not because it cared about him, but because resentment toward someone else had led it to decide to trust him. He first drew public attention with a proposal to reform Parliament. In practice, it would have meant using public money to excuse corruption. The nation was supposed to buy up the rotten boroughs when it should have punished the people trading in them.
I will pass over the two empty schemes: the Dutch business and the million a year meant to reduce the national debt. The matter that stands out most is the Regency. In all my experience, I have never seen a deception carried out so successfully or a nation fooled so completely. To show why, I must go through what happened.
Mr. Fox said in the House of Commons that the Prince of Wales, as the heir, had an inherent right to take over the government. Mr. Pitt opposed him. As long as he opposed only that claim, he was right. But the principles Mr. Pitt advanced instead were just as bad, or worse in their reach, than Mr. Fox's. They would put an aristocracy over the nation and over the small measure of representation it has in the House of Commons.
Whether England's form of government is good or bad is not the question here. Take it as it stands, regardless of its merits. Mr. Pitt's position was further from the point than Mr. Fox's.
That government is supposed to have three parts. So long as the nation wants to keep this form, each part has a place given it by the nation, independent of the others. None is created by another part. If Mr. Fox had gone through Parliament and said that the person he meant claimed power on the nation's authority, Mr. Pitt would have had to set what he called Parliament's right against the nation's right.
To an observer, Mr. Fox seemed to rely on heredity, while Mr. Pitt seemed to rely on Parliament. In fact, both relied on heredity, and Mr. Pitt chose the worse form of it.
What is called Parliament has two Houses. One is more hereditary and further beyond the nation's control than the Crown is supposed to be. It is a hereditary aristocracy claiming rights and powers that cannot be lost or taken back and that are wholly independent of the nation. Why should Mr. Pitt deserve praise for raising this hereditary power above another that is less independent of the nation? Why should anyone praise him for transferring the nation's rights to a House whose members the nation cannot elect or control?
The nation's first reaction was right, but it acted without thinking things through. It approved Mr. Pitt's opposition to the right Mr. Fox claimed, without seeing that Mr. Pitt was defending another supposed right that could not be taken back and was even further removed from the nation.
Only a small part of the nation elects the House of Commons. But even if everyone who pays taxes could vote, as everyone should, the House would still be only the nation's instrument. It could not have rights of its own. When the National Assembly of France decides an issue, it acts on the nation's authority. But on all national questions involving the House of Commons, Mr. Pitt takes the nation's rights and gives them to its instrument. He makes the instrument the nation and makes the nation itself count for nothing.
In short, the Regency dispute was over a million a year set aside for the executive branch. Mr. Pitt could not gain any control of that sum without claiming that Parliament was supreme. Once he had done so, it did not matter who served as Regent, because that person would have to pay his own costs. One strange feature of the bitter debate was the proposal to make the Great Seal act as a king. Attaching it to an act was supposed to give that act royal authority. If royal authority is just a Great Seal, then it is nothing in itself. A sound Constitution would be worth infinitely more to the nation than the three Powers that now exist mostly in name.
Members of the English Parliament constantly say "Constitution." That shows they have none. They merely have a form of government without a Constitution, and they give themselves whatever powers they please. If a Constitution existed, they could refer to it. A debate about any constitutional issue would end when someone produced it. One member calls one thing the Constitution and another calls something else the Constitution. Today it means one thing; tomorrow, another. The fact that the debate continues proves there is no Constitution. "Constitution" is now a catchword in Parliament, chosen to please the nation. Parliament used to speak of its universal supremacy and its unlimited power. Since liberty has advanced in France, those phrases sound too openly despotic. So the English Parliament has borrowed the National Assembly's habit of talking about a Constitution, but not the real thing.
The people now living in England did not create their government, so they are not responsible for its faults. But sooner or later they will have to take charge of it and reform it through a Constitution. This is as certain as the fact that France has done so. Consider France: it had revenue of nearly twenty-four millions sterling; rich, fertile territory more than four times the size of England; twenty-four millions of people to support taxation; upwards of ninety millions sterling in gold and silver circulating in the nation; and a debt smaller than England's current debt. Yet it still found it necessary, for whatever reason, to settle its finances. Its example answers the question about funding in both countries.
It does not help to say how long the so-called English constitution has lasted and then claim it will last as long again. The question is how long the funding system can last. It is a recent invention, not yet as old as one person's lifetime. Yet it has grown so much in that short time that, together with current expenses, it calls for yearly taxes at least equal to all the rent paid for the nation's land. Everyone must see that a government could not always have used the system it has followed for the last seventy years. For the same reason, it cannot keep using it forever.
Part I: Observations on the Declaration of Rights, 4
18th-century English
The funding system is not money; neither is it, properly speaking, credit. It, in effect, creates upon paper the sum which it appears to borrow, and lays on a tax to keep the imaginary capital alive by the payment of interest and sends the annuity to market, to be sold for paper already in circulation. If any credit is given, it is to the disposition of the people to pay the tax, and not to the government, which lays it on. When this disposition expires, what is supposed to be the credit of Government expires with it. The instance of France under the former Government shows that it is impossible to compel the payment of taxes by force, when a whole nation is determined to take its stand upon that ground.
Mr. Burke, in his review of the finances of France, states the quantity of gold and silver in France, at about eighty-eight millions sterling. In doing this, he has, I presume, divided by the difference of exchange, instead of the standard of twenty-four livres to a pound sterling; for M. Neckar's statement, from which Mr. Burke's is taken, is two thousand two hundred millions of livres, which is upwards of ninety-one millions and a half sterling.
M. Neckar in France, and Mr. George Chalmers at the Office of Trade and Plantation in England, of which Lord Hawkesbury is president, published nearly about the same time (1786) an account of the quantity of money in each nation, from the returns of the Mint of each nation. Mr. Chalmers, from the returns of the English Mint at the Tower of London, states the quantity of money in England, including Scotland and Ireland, to be twenty millions sterling.*12
M. Neckar*13 says that the amount of money in France, recoined from the old coin which was called in, was two thousand five hundred millions of livres (upwards of one hundred and four millions sterling); and, after deducting for waste, and what may be in the West Indies and other possible circumstances, states the circulation quantity at home to be ninety-one millions and a half sterling; but, taking it as Mr. Burke has put it, it is sixty-eight millions more than the national quantity in England.
That the quantity of money in France cannot be under this sum, may at once be seen from the state of the French Revenue, without referring to the records of the French Mint for proofs. The revenue of France, prior to the Revolution, was nearly twenty-four millions sterling; and as paper had then no existence in France the whole revenue was collected upon gold and silver; and it would have been impossible to have collected such a quantity of revenue upon a less national quantity than M. Neckar has stated. Before the establishment of paper in England, the revenue was about a fourth part of the national amount of gold and silver, as may be known by referring to the revenue prior to King William, and the quantity of money stated to be in the nation at that time, which was nearly as much as it is now.
It can be of no real service to a nation, to impose upon itself, or to permit itself to be imposed upon; but the prejudices of some, and the imposition of others, have always represented France as a nation possessing but little money—whereas the quantity is not only more than four times what the quantity is in England, but is considerably greater on a proportion of numbers. To account for this deficiency on the part of England, some reference should be had to the English system of funding. It operates to multiply paper, and to substitute it in the room of money, in various shapes; and the more paper is multiplied, the more opportunities are offered to export the specie; and it admits of a possibility (by extending it to small notes) of increasing paper till there is no money left.
I know this is not a pleasant subject to English readers; but the matters I am going to mention, are so important in themselves, as to require the attention of men interested in money transactions of a public nature. There is a circumstance stated by M. Neckar, in his treatise on the administration of the finances, which has never been attended to in England, but which forms the only basis whereon to estimate the quantity of money (gold and silver) which ought to be in every nation in Europe, to preserve a relative proportion with other nations.
Lisbon and Cadiz are the two ports into which (money) gold and silver from South America are imported, and which afterwards divide and spread themselves over Europe by means of commerce, and increase the quantity of money in all parts of Europe. If, therefore, the amount of the annual importation into Europe can be known, and the relative proportion of the foreign commerce of the several nations by which it can be distributed can be ascertained, they give a rule sufficiently true, to ascertain the quantity of money which ought to be found in any nation, at any given time.
M. Neckar shows from the registers of Lisbon and Cadiz, that the importation of gold and silver into Europe, is five millions sterling annually. He has not taken it on a single year, but on an average of fifteen succeeding years, from 1763 to 1777, both inclusive; in which time, the amount was one thousand eight hundred million livres, which is seventy-five millions sterling.*14
From the commencement of the Hanover succession in 1714 to the time Mr. Chalmers published, is seventy-two years; and the quantity imported into Europe, in that time, would be three hundred and sixty millions sterling.
If the foreign commerce of Great Britain be stated at a sixth part of what the whole foreign commerce of Europe amounts to (which is probably an inferior estimation to what the gentlemen at the Exchange would allow) the proportion which Britain should draw by commerce of this sum, to keep herself on a proportion with the rest of Europe, would be also a sixth part which is sixty millions sterling; and if the same allowance for waste and accident be made for England which M. Neckar makes for France, the quantity remaining after these deductions would be fifty-two millions; and this sum ought to have been in the nation (at the time Mr. Chalmers published), in addition to the sum which was in the nation at the commencement of the Hanover succession, and to have made in the whole at least sixty-six millions sterling; instead of which there were but twenty millions, which is forty-six millions below its proportionate quantity.
As the quantity of gold and silver imported into Lisbon and Cadiz is more exactly ascertained than that of any commodity imported into England, and as the quantity of money coined at the Tower of London is still more positively known, the leading facts do not admit of controversy. Either, therefore, the commerce of England is unproductive of profit, or the gold and silver which it brings in leak continually away by unseen means at the average rate of about three-quarters of a million a year, which, in the course of seventy-two years, accounts for the deficiency; and its absence is supplied by paper.*15
The Revolution of France is attended with many novel circumstances, not only in the political sphere, but in the circle of money transactions. Among others, it shows that a government may be in a state of insolvency and a nation rich. So far as the fact is confined to the late Government of France, it was insolvent; because the nation would no longer support its extravagance, and therefore it could no longer support itself—but with respect to the nation all the means existed. A government may be said to be insolvent every time it applies to the nation to discharge its arrears. The insolvency of the late Government of France and the present of England differed in no other respect than as the dispositions of the people differ. The people of France refused their aid to the old Government; and the people of England submit to taxation without inquiry. What is called the Crown in England has been insolvent several times; the last of which, publicly known, was in May, 1777, when it applied to the nation to discharge upwards of L600,000 private debts, which otherwise it could not pay.
It was the error of Mr. Pitt, Mr. Burke, and all those who were unacquainted with the affairs of France to confound the French nation with the French Government. The French nation, in effect, endeavoured to render the late Government insolvent for the purpose of taking government into its own hands: and it reserved its means for the support of the new Government. In a country of such vast extent and population as France the natural means cannot be wanting, and the political means appear the instant the nation is disposed to permit them. When Mr. Burke, in a speech last winter in the British Parliament, "cast his eyes over the map of Europe, and saw a chasm that once was France," he talked like a dreamer of dreams. The same natural France existed as before, and all the natural means existed with it. The only chasm was that the extinction of despotism had left, and which was to be filled up with the Constitution more formidable in resources than the power which had expired.
Although the French Nation rendered the late Government insolvent, it did not permit the insolvency to act towards the creditors; and the creditors, considering the Nation as the real pay-master, and the Government only as the agent, rested themselves on the nation, in preference to the Government. This appears greatly to disturb Mr. Burke, as the precedent is fatal to the policy by which governments have supposed themselves secure. They have contracted debts, with a view of attaching what is called the monied interest of a Nation to their support; but the example in France shows that the permanent security of the creditor is in the Nation, and not in the Government; and that in all possible revolutions that may happen in Governments, the means are always with the Nation, and the Nation always in existence. Mr. Burke argues that the creditors ought to have abided the fate of the Government which they trusted; but the National Assembly considered them as the creditors of the Nation, and not of the Government—of the master, and not of the steward.
Notwithstanding the late government could not discharge the current expenses, the present government has paid off a great part of the capital. This has been accomplished by two means; the one by lessening the expenses of government, and the other by the sale of the monastic and ecclesiastical landed estates. The devotees and penitent debauchees, extortioners and misers of former days, to ensure themselves a better world than that they were about to leave, had bequeathed immense property in trust to the priesthood for pious uses; and the priesthood kept it for themselves. The National Assembly has ordered it to be sold for the good of the whole nation, and the priesthood to be decently provided for.
In consequence of the revolution, the annual interest of the debt of France will be reduced at least six millions sterling, by paying off upwards of one hundred millions of the capital; which, with lessening the former expenses of government at least three millions, will place France in a situation worthy the imitation of Europe.
Upon a whole review of the subject, how vast is the contrast! While Mr. Burke has been talking of a general bankruptcy in France, the National Assembly has been paying off the capital of its debt; and while taxes have increased near a million a year in England, they have lowered several millions a year in France. Not a word has either Mr. Burke or Mr. Pitt said about the French affairs, or the state of the French finances, in the present Session of Parliament. The subject begins to be too well understood, and imposition serves no longer.
There is a general enigma running through the whole of Mr. Burke's book. He writes in a rage against the National Assembly; but what is he enraged about? If his assertions were as true as they are groundless, and that France by her Revolution, had annihilated her power, and become what he calls a chasm, it might excite the grief of a Frenchman (considering himself as a national man), and provoke his rage against the National Assembly; but why should it excite the rage of Mr. Burke? Alas! it is not the nation of France that Mr. Burke means, but the Court; and every Court in Europe, dreading the same fate, is in mourning. He writes neither in the character of a Frenchman nor an Englishman, but in the fawning character of that creature known in all countries, and a friend to none—a courtier. Whether it be the Court of Versailles, or the Court of St. James, or Carlton-House, or the Court in expectation, signifies not; for the caterpillar principle of all Courts and Courtiers are alike. They form a common policy throughout Europe, detached and separate from the interest of Nations: and while they appear to quarrel, they agree to plunder. Nothing can be more terrible to a Court or Courtier than the Revolution of France. That which is a blessing to Nations is bitterness to them: and as their existence depends on the duplicity of a country, they tremble at the approach of principles, and dread the precedent that threatens their overthrow.
RIGHTS OF MAN. PART SECOND, COMBINING PRINCIPLE AND PRACTICE.
CONCLUSION
Reason and Ignorance, the opposites of each other, influence the great bulk of mankind. If either of these can be rendered sufficiently extensive in a country, the machinery of Government goes easily on. Reason obeys itself; and Ignorance submits to whatever is dictated to it.
The two modes of the Government which prevail in the world, are:
First, Government by election and representation.
Secondly, Government by hereditary succession.
The former is generally known by the name of republic; the latter by that of monarchy and aristocracy.
English
The funding system is not money, nor is it really credit. In effect, it creates on paper the amount it claims to borrow. It then imposes a tax to keep that imaginary capital going by paying interest. The resulting right to an annual payment is sold in the market for paper already in circulation. If anyone deserves credit, it is the people for being willing to pay the tax, not the government for imposing it. When people are no longer willing to pay, the government's supposed credit disappears too. France under its former government shows that force cannot make a whole nation pay taxes when the nation has decided to refuse.
In his review of France's finances, Mr. Burke puts the amount of gold and silver there at about eighty-eight millions sterling. I assume he used the exchange rate to convert the figure rather than the standard rate of twenty-four livres to a pound sterling. M. Neckar, whose figures Mr. Burke uses, gives the amount as two thousand two hundred millions of livres. That is upwards of ninety-one millions and a half sterling.
Around the same time (1786), M. Neckar in France and Mr. George Chalmers in England published accounts of the amount of money in their countries, based on their national mints' records. Mr. Chalmers worked at the Office of Trade and Plantation, whose president was Lord Hawkesbury. Using the records of the English Mint at the Tower of London, he put the amount of money in England, including Scotland and Ireland, at twenty millions sterling.*12
M. Neckar*13 says that France recoined two thousand five hundred millions of livres from old coins that had been called in. That is upwards of one hundred and four millions sterling. After allowing for loss, money that might be in the West Indies, and other possible factors, he estimates that ninety-one millions and a half sterling remained in circulation at home. Even using Mr. Burke's lower figure, France had sixty-eight millions more in circulation than England had nationally.
We can see that France's money could not have amounted to less than this just by looking at its revenue. We do not need the French Mint's records as proof. Before the Revolution, France's revenue was nearly twenty-four millions sterling. France had no paper money then, so it collected all that revenue in gold and silver. That much revenue could not have been collected from a national supply of money smaller than the amount M. Neckar gives. Before paper money was established in England, its revenue was about a fourth of its national supply of gold and silver. We can verify this by comparing the revenue before King William with the amount of money said to be in the nation then. That amount was nearly as much as it is now.
A nation gains nothing by deceiving itself or allowing others to deceive it. Yet some people's prejudices and other people's dishonesty have always made France out to have little money. In fact, it has not only more than four times as much as England, but also considerably more in proportion to its population. To explain why England has so little, we should look at its funding system. The system multiplies paper and uses it in various forms in place of money. The more paper there is, the more chances there are to send gold and silver coins abroad. If extended to small notes, paper could even increase until no coins remained.
I know English readers will not enjoy this subject. But what follows matters enough to demand the attention of people involved in public financial transactions. In his treatise on the administration of finances, M. Neckar points out a fact that England has ignored. It provides the only basis for estimating how much gold and silver money any European nation ought to have to keep its proper share in relation to other nations.
Lisbon and Cadiz are the two ports where gold and silver money from South America enters Europe. Trade then divides and spreads it across Europe, increasing the supply of money everywhere. If we know how much enters Europe each year and can determine what share of European foreign trade belongs to each nation, we have a reasonably sound rule for estimating how much money a nation ought to have at any given time.
M. Neckar shows from the registers of Lisbon and Cadiz that five millions sterling in gold and silver enters Europe each year. He does not base this on one year. He uses the average of fifteen consecutive years, from 1763 to 1777, both inclusive. Over that period the total was one thousand eight hundred million livres, or seventy-five millions sterling.*14
From the start of the Hanover succession in 1714 until Mr. Chalmers published his account was seventy-two years. During that time, Europe would have received three hundred and sixty millions sterling.
Suppose Great Britain's foreign trade is a sixth of all Europe's foreign trade. That is probably lower than the gentlemen at the Exchange would estimate. Britain should therefore receive a sixth of the total through trade to maintain its share of Europe's money. That comes to sixty millions sterling. If we make the same allowance for loss and accidents that M. Neckar makes for France, fifty-two millions remain. That much ought to have been in Britain when Mr. Chalmers published, in addition to what it already had when the Hanover succession began. The whole amount should have been at least sixty-six millions sterling. Instead, there were only twenty millions, leaving Britain forty-six millions below its proper share.
We know the amount of gold and silver brought into Lisbon and Cadiz more accurately than we know the amount of any goods imported into England. We know the amount of money coined at the Tower of London even more certainly. So the main facts cannot reasonably be disputed. Either England's commerce makes no profit, or the gold and silver it brings in steadily leaks away through unseen channels. At an average of about three-quarters of a million a year, those losses over seventy-two years explain the shortfall. Paper fills the gap.*15
The Revolution of France has brought many new developments, in financial affairs as well as politics. Among other things, it shows that a government can be unable to pay its debts while its nation is rich. The former French Government was insolvent because the nation stopped paying for its extravagance. Without the nation's support, it could not support itself. But the nation still had all its resources. A government can be called insolvent whenever it asks the nation to pay what it owes in arrears. The former French Government and the present English government differ on this point only because their peoples behave differently. The French people refused to help their old government; the English accept taxation without questioning it. What England calls the Crown has been insolvent several times. The last publicly known instance was in May, 1777, when it asked the nation to pay upwards of L600,000 in private debts it could not otherwise pay.
Mr. Pitt, Mr. Burke, and everyone else who did not know France's affairs made the mistake of confusing the French nation with the French Government. In effect, the French nation tried to make the old government insolvent so that it could take control of government itself. It kept its resources to support the new government. A country as large and populous as France cannot lack natural resources. The means to put them to political use appear as soon as the nation chooses to allow it. Last winter, in a speech in the British Parliament, Mr. Burke "cast his eyes over the map of Europe, and saw a chasm that once was France." He sounded like someone dreaming. The same physical France was still there, with all its natural resources. The only gap was the one left by the end of despotism. A Constitution would fill it, giving the nation more resources than the fallen power had commanded.
The French nation made the old government insolvent, but it did not let creditors bear the loss. The creditors saw the nation as the real payer and the government as merely its agent. They put their trust in the nation rather than the government. This seems to trouble Mr. Burke greatly, because it undermines the policy that governments have thought kept them safe. Governments have borrowed money to attach the nation's financial interests to their survival. But France's example shows that the creditor's lasting security lies with the nation, not the government. Whatever changes may happen to governments, the nation always exists and always has the resources. Mr. Burke argues that creditors should have shared the fate of the government they trusted. The National Assembly, however, regarded them as creditors of the nation, not of the government: creditors of the employer, not the steward.
The old government could not pay its ongoing expenses. Yet the present government has paid off a large part of the principal of the debt. It has done this in two ways: by cutting government expenses and by selling the landed estates of monasteries and the church. In former times, devout people, repentant people who had lived immoral lives, extortioners, and misers left huge amounts of property in trust to the priesthood for religious purposes. They hoped to secure a better world than the one they were leaving. The priests kept the property for themselves. The National Assembly has ordered it sold for the benefit of the whole nation and has arranged for the priests to be provided for decently.
Because of the revolution, France will cut the annual interest on its debt by at least six millions sterling by paying off upwards of one hundred millions of the principal. It will also cut at least three millions from its former government expenses. That will put France in a position worth copying across Europe.
Looking at the whole matter, what a striking contrast! Mr. Burke has been talking about France's general bankruptcy while the National Assembly has been paying off the principal of its debt. Taxes have risen by near a million a year in England while they have fallen by several millions a year in France. Neither Mr. Burke nor Mr. Pitt has said a word about French affairs or French finances in the present Session of Parliament. People now understand the subject too well to be deceived any longer.
A puzzle runs throughout Mr. Burke's book. He writes furiously against the National Assembly. But what makes him so angry? Suppose his claims were true rather than groundless. Suppose the Revolution had destroyed France's power and made it the gap he describes. That might grieve a Frenchman who cared about his nation and make him angry with the National Assembly. But why should it make Mr. Burke angry? The answer is that he cares not about the French nation but about the Court. Every European Court fears the same fate and is in mourning. He writes neither as a Frenchman nor as an Englishman. He writes as the flattering creature found in every country and loyal to none: a courtier. It makes no difference whether the court is at Versailles, St. James, Carlton-House, or a court still waiting to take power. All courts and courtiers share the same parasitic habits. Across Europe they follow a common policy separate from the interests of nations. They may seem to quarrel, but they agree on plundering people. Nothing is more frightening to a court or courtier than the Revolution of France. What benefits nations is painful to them. They survive by keeping a country divided against itself, so they tremble at new principles and fear an example that threatens to bring them down.
RIGHTS OF MAN. PART SECOND, COMBINING PRINCIPLE AND PRACTICE.
CONCLUSION
Reason and ignorance are opposites, and each influences a great many people. If either spreads far enough in a country, the machinery of government runs easily. Reason follows its own judgment. Ignorance does whatever it is told.
Two forms of government prevail in the world:
First, government by election and representation.
Second, government by hereditary succession.
The first is generally called a republic; the second, monarchy and aristocracy.
Part I: Observations on the Declaration of Rights, 5
18th-century English
Those two distinct and opposite forms erect themselves on the two distinct and opposite bases of Reason and Ignorance.—As the exercise of Government requires talents and abilities, and as talents and abilities cannot have hereditary descent, it is evident that hereditary succession requires a belief from man to which his reason cannot subscribe, and which can only be established upon his ignorance; and the more ignorant any country is, the better it is fitted for this species of Government.
On the contrary, Government, in a well-constituted republic, requires no belief from man beyond what his reason can give. He sees the rationale of the whole system, its origin and its operation; and as it is best supported when best understood, the human faculties act with boldness, and acquire, under this form of government, a gigantic manliness.
As, therefore, each of those forms acts on a different base, the one moving freely by the aid of reason, the other by ignorance; we have next to consider, what it is that gives motion to that species of Government which is called mixed Government, or, as it is sometimes ludicrously styled, a Government of this, that and t' other.
The moving power in this species of Government is, of necessity, Corruption. However imperfect election and representation may be in mixed Governments, they still give exercise to a greater portion of reason than is convenient to the hereditary Part; and therefore it becomes necessary to buy the reason up. A mixed Government is an imperfect everything, cementing and soldering the discordant parts together by corruption, to act as a whole. Mr. Burke appears highly disgusted that France, since she had resolved on a revolution, did not adopt what he calls "A British Constitution"; and the regretful manner in which he expresses himself on this occasion implies a suspicion that the British Constitution needed something to keep its defects in countenance.
In mixed Governments there is no responsibility: the parts cover each other till responsibility is lost; and the corruption which moves the machine, contrives at the same time its own escape. When it is laid down as a maxim, that a King can do no wrong, it places him in a state of similar security with that of idiots and persons insane, and responsibility is out of the question with respect to himself. It then descends upon the Minister, who shelters himself under a majority in Parliament, which, by places, pensions, and corruption, he can always command; and that majority justifies itself by the same authority with which it protects the Minister. In this rotatory motion, responsibility is thrown off from the parts, and from the whole.
When there is a Part in a Government which can do no wrong, it implies that it does nothing; and is only the machine of another power, by whose advice and direction it acts. What is supposed to be the King in the mixed Governments, is the Cabinet; and as the Cabinet is always a part of the Parliament, and the members justifying in one character what they advise and act in another, a mixed Government becomes a continual enigma; entailing upon a country by the quantity of corruption necessary to solder the parts, the expense of supporting all the forms of government at once, and finally resolving itself into a Government by Committee; in which the advisers, the actors, the approvers, the justifiers, the persons responsible, and the persons not responsible, are the same persons.
By this pantomimical contrivance, and change of scene and character, the parts help each other out in matters which neither of them singly would assume to act. When money is to be obtained, the mass of variety apparently dissolves, and a profusion of parliamentary praises passes between the parts. Each admires with astonishment, the wisdom, the liberality, the disinterestedness of the other: and all of them breathe a pitying sigh at the burthens of the Nation.
But in a well-constituted republic, nothing of this soldering, praising, and pitying, can take place; the representation being equal throughout the country, and complete in itself, however it may be arranged into legislative and executive, they have all one and the same natural source. The parts are not foreigners to each other, like democracy, aristocracy, and monarchy. As there are no discordant distinctions, there is nothing to corrupt by compromise, nor confound by contrivance. Public measures appeal of themselves to the understanding of the Nation, and, resting on their own merits, disown any flattering applications to vanity. The continual whine of lamenting the burden of taxes, however successfully it may be practised in mixed Governments, is inconsistent with the sense and spirit of a republic. If taxes are necessary, they are of course advantageous; but if they require an apology, the apology itself implies an impeachment. Why, then, is man thus imposed upon, or why does he impose upon himself?
When men are spoken of as kings and subjects, or when Government is mentioned under the distinct and combined heads of monarchy, aristocracy, and democracy, what is it that reasoning man is to understand by the terms? If there really existed in the world two or more distinct and separate elements of human power, we should then see the several origins to which those terms would descriptively apply; but as there is but one species of man, there can be but one element of human power; and that element is man himself. Monarchy, aristocracy, and democracy, are but creatures of imagination; and a thousand such may be contrived as well as three.
From the Revolutions of America and France, and the symptoms that have appeared in other countries, it is evident that the opinion of the world is changing with respect to systems of Government, and that revolutions are not within the compass of political calculations. The progress of time and circumstances, which men assign to the accomplishment of great changes, is too mechanical to measure the force of the mind, and the rapidity of reflection, by which revolutions are generated: All the old governments have received a shock from those that already appear, and which were once more improbable, and are a greater subject of wonder, than a general revolution in Europe would be now.
When we survey the wretched condition of man, under the monarchical and hereditary systems of Government, dragged from his home by one power, or driven by another, and impoverished by taxes more than by enemies, it becomes evident that those systems are bad, and that a general revolution in the principle and construction of Governments is necessary.
What is government more than the management of the affairs of a Nation? It is not, and from its nature cannot be, the property of any particular man or family, but of the whole community, at whose expense it is supported; and though by force and contrivance it has been usurped into an inheritance, the usurpation cannot alter the right of things. Sovereignty, as a matter of right, appertains to the Nation only, and not to any individual; and a Nation has at all times an inherent indefeasible right to abolish any form of Government it finds inconvenient, and to establish such as accords with its interest, disposition and happiness. The romantic and barbarous distinction of men into Kings and subjects, though it may suit the condition of courtiers, cannot that of citizens; and is exploded by the principle upon which Governments are now founded. Every citizen is a member of the Sovereignty, and, as such, can acknowledge no personal subjection; and his obedience can be only to the laws.
When men think of what Government is, they must necessarily suppose it to possess a knowledge of all the objects and matters upon which its authority is to be exercised. In this view of Government, the republican system, as established by America and France, operates to embrace the whole of a Nation; and the knowledge necessary to the interest of all the parts, is to be found in the center, which the parts by representation form: But the old Governments are on a construction that excludes knowledge as well as happiness; government by Monks, who knew nothing of the world beyond the walls of a Convent, is as consistent as government by Kings.
What were formerly called Revolutions, were little more than a change of persons, or an alteration of local circumstances. They rose and fell like things of course, and had nothing in their existence or their fate that could influence beyond the spot that produced them. But what we now see in the world, from the Revolutions of America and France, are a renovation of the natural order of things, a system of principles as universal as truth and the existence of man, and combining moral with political happiness and national prosperity.
"I. Men are born, and always continue, free and equal in respect of their rights. Civil distinctions, therefore, can be founded only on public utility.
"II. The end of all political associations is the preservation of the natural and imprescriptible rights of man; and these rights are liberty, property, security, and resistance of oppression.
"III. The nation is essentially the source of all sovereignty; nor can any Individual, or Any Body Of Men, be entitled to any authority which is not expressly derived from it."
In these principles, there is nothing to throw a Nation into confusion by inflaming ambition. They are calculated to call forth wisdom and abilities, and to exercise them for the public good, and not for the emolument or aggrandisement of particular descriptions of men or families. Monarchical sovereignty, the enemy of mankind, and the source of misery, is abolished; and the sovereignty itself is restored to its natural and original place, the Nation. Were this the case throughout Europe, the cause of wars would be taken away.
It is attributed to Henry the Fourth of France, a man of enlarged and benevolent heart, that he proposed, about the year 1610, a plan for abolishing war in Europe. The plan consisted in constituting an European Congress, or as the French authors style it, a Pacific Republic; by appointing delegates from the several Nations who were to act as a Court of arbitration in any disputes that might arise between nation and nation.
Had such a plan been adopted at the time it was proposed, the taxes of England and France, as two of the parties, would have been at least ten millions sterling annually to each Nation less than they were at the commencement of the French Revolution.
To conceive a cause why such a plan has not been adopted (and that instead of a Congress for the purpose of preventing war, it has been called only to terminate a war, after a fruitless expense of several years) it will be necessary to consider the interest of Governments as a distinct interest to that of Nations.
Whatever is the cause of taxes to a Nation, becomes also the means of revenue to Government. Every war terminates with an addition of taxes, and consequently with an addition of revenue; and in any event of war, in the manner they are now commenced and concluded, the power and interest of Governments are increased. War, therefore, from its productiveness, as it easily furnishes the pretence of necessity for taxes and appointments to places and offices, becomes a principal part of the system of old Governments; and to establish any mode to abolish war, however advantageous it might be to Nations, would be to take from such Government the most lucrative of its branches. The frivolous matters upon which war is made, show the disposition and avidity of Governments to uphold the system of war, and betray the motives upon which they act.
Why are not Republics plunged into war, but because the nature of their Government does not admit of an interest distinct from that of the Nation? Even Holland, though an ill-constructed Republic, and with a commerce extending over the world, existed nearly a century without war: and the instant the form of Government was changed in France, the republican principles of peace and domestic prosperity and economy arose with the new Government; and the same consequences would follow the cause in other Nations.
As war is the system of Government on the old construction, the animosity which Nations reciprocally entertain, is nothing more than what the policy of their Governments excites to keep up the spirit of the system. Each Government accuses the other of perfidy, intrigue, and ambition, as a means of heating the imagination of their respective Nations, and incensing them to hostilities. Man is not the enemy of man, but through the medium of a false system of Government. Instead, therefore, of exclaiming against the ambition of Kings, the exclamation should be directed against the principle of such Governments; and instead of seeking to reform the individual, the wisdom of a Nation should apply itself to reform the system.
Whether the forms and maxims of Governments which are still in practice, were adapted to the condition of the world at the period they were established, is not in this case the question. The older they are, the less correspondence can they have with the present state of things. Time, and change of circumstances and opinions, have the same progressive effect in rendering modes of Government obsolete as they have upon customs and manners.—Agriculture, commerce, manufactures, and the tranquil arts, by which the prosperity of Nations is best promoted, require a different system of Government, and a different species of knowledge to direct its operations, than what might have been required in the former condition of the world.
As it is not difficult to perceive, from the enlightened state of mankind, that hereditary Governments are verging to their decline, and that Revolutions on the broad basis of national sovereignty and Government by representation, are making their way in Europe, it would be an act of wisdom to anticipate their approach, and produce Revolutions by reason and accommodation, rather than commit them to the issue of convulsions.
From what we now see, nothing of reform in the political world ought to be held improbable. It is an age of Revolutions, in which everything may be looked for. The intrigue of Courts, by which the system of war is kept up, may provoke a confederation of Nations to abolish it: and an European Congress to patronise the progress of free Government, and promote the civilisation of Nations with each other, is an event nearer in probability, than once were the revolutions and alliance of France and America.
English
These two different and opposing forms of government rest on different and opposing foundations: reason and ignorance. Running a government takes talent and ability, and neither is inherited. So hereditary succession requires people to believe something reason cannot support. It can only be established through ignorance. The less educated a country is, the better suited it is to this kind of government.
By contrast, a well-designed republic asks people to believe nothing their reason cannot accept. They can see why the whole system exists, where it came from, and how it works. The better they understand it, the stronger it becomes. Under this form of government, people can use their abilities confidently and develop remarkable strength of character.
Each system, then, works on a different basis. One moves freely with the help of reason; the other depends on ignorance. Next we must ask what keeps the kind of government called a mixed government moving. Sometimes it is laughably described as a government of this, that, and the other thing.
The driving force of this kind of government must be corruption. Even when elections and representation are flawed in mixed governments, they allow more use of reason than suits the hereditary part. So that reason has to be bought off. A mixed government is a flawed mixture of everything. Corruption holds its conflicting parts together so they can act as one. Mr. Burke seems very upset that France, once it decided on revolution, did not adopt what he calls “A British Constitution.” The regret in his words suggests he suspected the British Constitution needed another flawed constitution beside it to make its own faults seem less conspicuous.
In mixed governments no one is accountable. The parts shield one another until responsibility disappears, and the corruption that keeps the system running also provides a way out for those involved. The rule that a King can do no wrong gives him the same protection from responsibility as a person unable to think or understand their actions. Responsibility then falls to the Minister. He hides behind a majority in Parliament, which he can always secure by handing out positions and pensions and through corruption. The majority, in turn, claims the same authority to justify itself that it uses to protect the Minister. As responsibility goes round in this circle, no part and no government as a whole accepts it.
If one part of a government can do no wrong, that suggests it does nothing at all. It is merely an instrument controlled by another power and acts on that power's advice and orders. What people call the King in a mixed government is really the Cabinet. The Cabinet is always part of Parliament, and its members use their role in one body to justify what they advised and did in the other. The result is a government that never makes sense. A country must pay, through the corruption needed to join the parts, the cost of supporting every form of government at once. In the end it is government by a committee. The same people advise, act, approve, justify, bear responsibility, and claim not to be responsible.
In this theatrical arrangement the parts switch roles and help each other do things that neither would dare do alone. When money is needed, their apparent differences disappear, and members of Parliament praise one another extravagantly. Each expresses astonishment at the other's wisdom, generosity, and selflessness. Then all of them sigh with pity over the nation's burdens.
None of this patching together, mutual praise, or show of pity can happen in a well-designed republic. Representation is equal across the country and complete in itself. However power is divided into legislative and executive branches, all of it comes from the same natural source. Its parts are not strangers to each other as democracy, aristocracy, and monarchy are. Since they do not have conflicting identities, there is nothing to buy off through compromise or obscure through clever schemes. Public policies speak for themselves to the nation's understanding. They stand on their merits and need no flattery aimed at people's vanity. Constantly moaning about the burden of taxes may work in a mixed government, but it conflicts with the sense and spirit of a republic. If taxes are necessary, they bring benefits. If they need an apology, the apology itself admits there is something wrong with them. Why, then, are people deceived, and why do they deceive themselves?
When people are called kings and subjects, or when government is described as a combination of monarchy, aristocracy, and democracy, what are reasonable people supposed to understand? If human power really had two or more distinct sources, we could see where each of those terms applied. But there is only one kind of human being and therefore only one source of human power: people themselves. Monarchy, aristocracy, and democracy are inventions of the imagination. Anyone could invent a thousand such categories as easily as three.
The American and French Revolutions, and signs in other countries, make it clear that views about systems of government are changing around the world. Revolutions cannot be predicted by ordinary political calculations. People often calculate how much time and what circumstances great changes require. That approach is too mechanical to measure the mind's power or how quickly thought can produce revolutions. The revolutions that have already happened have shaken all the old governments. Once, those revolutions seemed even less likely, and more astonishing, than a Europe-wide revolution seems now.
Look at people's miserable condition under hereditary monarchy. One power drags them from home and another drives them away, while taxes make them poorer than enemies do. Clearly those systems are bad. The principles and structure of governments need a general revolution.
What is government but the management of a nation's affairs? By its very nature it cannot be the property of one person or family. It belongs to the whole community that pays for it. Force and manipulation may have turned government into an inherited possession, but that seizure cannot change who has the right to it. Sovereignty belongs by right to the nation alone, not to any individual. A nation always has an inherent right that cannot be taken away: it can abolish any form of government it finds unsuitable and establish one that fits its interests, character, and happiness. The strange and brutal division of people into Kings and subjects may suit courtiers, but it does not suit citizens. The principles on which governments are now founded reject it. Every citizen shares in sovereignty. No citizen, therefore, can accept personal subjection to another, and each owes obedience only to the laws.
When people think about government, they must assume it understands all the matters over which it has power. The republican system established by America and France includes the whole nation. Through representation, all its parts create a center containing the knowledge needed to serve each part's interests. But old governments are built in a way that excludes knowledge as well as happiness. Government by monks who knew nothing of the world beyond the walls of a convent makes as much sense as government by kings.
What used to be called revolutions were usually no more than changes of leaders or local conditions. They came and went as a matter of course. Neither their existence nor their outcome mattered beyond the place where they happened. But the American and French Revolutions show us something different: a renewal of the natural order. They offer principles as universal as truth and human existence, joining moral happiness to political happiness and national prosperity.
“I. Men are born free and equal in their rights, and they always remain so. Differences in civil status can therefore be based only on what benefits the public.
“II. Every political association exists to protect people's natural rights, which can never be lost through the passage of time. These rights are liberty, property, security, and resistance to oppression.
“III. The nation is the source of all sovereignty. No individual or group can have any authority unless it comes expressly from the nation.”
These principles will not throw a nation into turmoil by stirring up ambition. They are meant to bring out wisdom and ability and put them to work for the public good, not to enrich or raise the standing of certain groups or families. Monarchical sovereignty, an enemy to humanity and a source of suffering, is abolished. Sovereignty returns to its natural and original place: the nation. If this happened throughout Europe, it would remove the cause of wars.
Henry the Fourth of France, a broad-minded and kindhearted man, is said to have proposed a plan to end war in Europe around the year 1610. Under his plan the nations would send delegates to a European Congress, or what French writers call a Pacific Republic. This congress would act as a court to settle disputes between nations.
If that plan had been adopted when proposed, England and France, two of the countries involved, would each have paid at least ten millions sterling less in annual taxes than they did when the French Revolution began.
To understand why the plan was not adopted, we need to separate the interests of governments from those of nations. Instead of creating a congress to prevent war, nations have called one only to end a war after years of wasted expense.
Whatever forces a nation to pay taxes also brings revenue to its government. Every war ends with higher taxes and therefore higher government revenue. Under the present way of starting and ending wars, governments gain power and serve their own interests whatever the outcome. War is profitable. It readily provides an excuse to raise taxes and give people jobs and offices. It has therefore become a central part of old government systems. Ending war might greatly benefit nations, but it would take away one of those governments' richest sources of income. The trivial reasons for which they make war show how eager governments are to keep this system going and reveal their motives.
Why do republics avoid war? Because their form of government gives rulers no interests separate from the nation's. Even Holland, despite being a poorly designed republic with worldwide trade, went nearly a century without war. As soon as France changed its form of government, the new government adopted republican principles of peace, prosperity at home, and careful spending. The same cause would bring the same results in other nations.
In old-style governments, war is part of the system. The hostility nations feel toward one another comes from their governments' policies, which stir it up to keep that system alive. Each government accuses the other of treachery, scheming, and ambition. In this way it excites its people's imagination and drives them toward conflict. People are not naturally enemies of other people. They become enemies through a false system of government. So instead of denouncing the ambition of kings, we should denounce the principle behind such governments. Rather than trying to reform one ruler, a nation should wisely reform its system.
The question here is not whether the forms and rules of government still in use suited the world when they were first established. The older they are, the less likely they are to fit the present. Time and changes in circumstances and opinions make forms of government obsolete, just as they make customs and manners obsolete. Agriculture, commerce, manufacturing, and peaceful pursuits do the most to bring prosperity to nations. They need a different system of government, directed by different knowledge, from any that may have been needed in earlier times.
It is easy to see, in an age when people are better informed, that hereditary governments are declining. Revolutions based broadly on national sovereignty and representative government are advancing in Europe. It would be wise to prepare for them and bring about change through reason and compromise, rather than leaving it to violent upheaval.
Judging by what we see now, no political reform should be dismissed as unlikely. This is an age of revolutions, when anything may happen. The schemes of royal courts that keep war going may push nations to join forces to end it. A European Congress that supports the spread of free government and helps nations become more civilized in their dealings with one another is more likely now than the revolutions and alliance of France and America once seemed.
Part II: Preface
18th-century English
When I began the chapter entitled the "Conclusion" in the former part of the RIGHTS OF MAN, published last year, it was my intention to have extended it to a greater length; but in casting the whole matter in my mind, which I wish to add, I found that it must either make the work too bulky, or contract my plan too much. I therefore brought it to a close as soon as the subject would admit, and reserved what I had further to say to another opportunity.
Several other reasons contributed to produce this determination. I wished to know the manner in which a work, written in a style of thinking and expression different to what had been customary in England, would be received before I proceeded farther. A great field was opening to the view of mankind by means of the French Revolution. Mr. Burke's outrageous opposition thereto brought the controversy into England. He attacked principles which he knew (from information) I would contest with him, because they are principles I believe to be good, and which I have contributed to establish, and conceive myself bound to defend. Had he not urged the controversy, I had most probably been a silent man.
Another reason for deferring the remainder of the work was, that Mr. Burke promised in his first publication to renew the subject at another opportunity, and to make a comparison of what he called the English and French Constitutions. I therefore held myself in reserve for him. He has published two works since, without doing this: which he certainly would not have omitted, had the comparison been in his favour.
In his last work, his "Appeal from the New to the Old Whigs," he has quoted about ten pages from the RIGHTS OF MAN, and having given himself the trouble of doing this, says he "shall not attempt in the smallest degree to refute them," meaning the principles therein contained. I am enough acquainted with Mr. Burke to know that he would if he could. But instead of contesting them, he immediately after consoles himself with saying that "he has done his part."—He has not done his part. He has not performed his promise of a comparison of constitutions. He started the controversy, he gave the challenge, and has fled from it; and he is now a case in point with his own opinion that "the age of chivalry is gone!"
The title, as well as the substance of his last work, his "Appeal," is his condemnation. Principles must stand on their own merits, and if they are good they certainly will. To put them under the shelter of other men's authority, as Mr. Burke has done, serves to bring them into suspicion. Mr. Burke is not very fond of dividing his honours, but in this case he is artfully dividing the disgrace.
But who are those to whom Mr. Burke has made his appeal? A set of childish thinkers, and half-way politicians born in the last century, men who went no farther with any principle than as it suited their purposes as a party; the nation was always left out of the question; and this has been the character of every party from that day to this. The nation sees nothing of such works, or such politics, worthy its attention. A little matter will move a party, but it must be something great that moves a nation.
Though I see nothing in Mr. Burke's "Appeal" worth taking much notice of, there is, however, one expression upon which I shall offer a few remarks. After quoting largely from the RIGHTS OF MAN, and declining to contest the principles contained in that work, he says: "This will most probably be done (if such writings shall be thought to deserve any other refutation than that of criminal justice) by others, who may think with Mr. Burke and with the same zeal."
In the first place, it has not yet been done by anybody. Not less, I believe, than eight or ten pamphlets intended as answers to the former part of the RIGHTS OF MAN have been published by different persons, and not one of them to my knowledge, has extended to a second edition, nor are even the titles of them so much as generally remembered. As I am averse to unnecessary multiplying publications, I have answered none of them. And as I believe that a man may write himself out of reputation when nobody else can do it, I am careful to avoid that rock.
But as I would decline unnecessary publications on the one hand, so would I avoid everything that might appear like sullen pride on the other. If Mr. Burke, or any person on his side the question, will produce an answer to the RIGHTS OF MAN that shall extend to a half, or even to a fourth part of the number of copies to which the Rights Of Man extended, I will reply to his work. But until this be done, I shall so far take the sense of the public for my guide (and the world knows I am not a flatterer) that what they do not think worth while to read, is not worth mine to answer. I suppose the number of copies to which the first part of the RIGHTS OF MAN extended, taking England, Scotland, and Ireland, is not less than between forty and fifty thousand.
I now come to remark on the remaining part of the quotation I have made from Mr. Burke.
"If," says he, "such writings shall be thought to deserve any other refutation than that of criminal justice."
Pardoning the pun, it must be criminal justice indeed that should condemn a work as a substitute for not being able to refute it. The greatest condemnation that could be passed upon it would be a refutation. But in proceeding by the method Mr. Burke alludes to, the condemnation would, in the final event, pass upon the criminality of the process and not upon the work, and in this case, I had rather be the author, than be either the judge or the jury that should condemn it.
But to come at once to the point. I have differed from some professional gentlemen on the subject of prosecutions, and I since find they are falling into my opinion, which I will here state as fully, but as concisely as I can.
I will first put a case with respect to any law, and then compare it with a government, or with what in England is, or has been, called a constitution.
It would be an act of despotism, or what in England is called arbitrary power, to make a law to prohibit investigating the principles, good or bad, on which such a law, or any other is founded.
If a law be bad it is one thing to oppose the practice of it, but it is quite a different thing to expose its errors, to reason on its defects, and to show cause why it should be repealed, or why another ought to be substituted in its place. I have always held it an opinion (making it also my practice) that it is better to obey a bad law, making use at the same time of every argument to show its errors and procure its repeal, than forcibly to violate it; because the precedent of breaking a bad law might weaken the force, and lead to a discretionary violation, of those which are good.
The case is the same with respect to principles and forms of government, or to what are called constitutions and the parts of which they are, composed.
It is for the good of nations and not for the emolument or aggrandisement of particular individuals, that government ought to be established, and that mankind are at the expense of supporting it. The defects of every government and constitution both as to principle and form, must, on a parity of reasoning, be as open to discussion as the defects of a law, and it is a duty which every man owes to society to point them out. When those defects, and the means of remedying them, are generally seen by a nation, that nation will reform its government or its constitution in the one case, as the government repealed or reformed the law in the other. The operation of government is restricted to the making and the administering of laws; but it is to a nation that the right of forming or reforming, generating or regenerating constitutions and governments belong; and consequently those subjects, as subjects of investigation, are always before a country as a matter of right, and cannot, without invading the general rights of that country, be made subjects for prosecution. On this ground I will meet Mr. Burke whenever he please. It is better that the whole argument should come out than to seek to stifle it. It was himself that opened the controversy, and he ought not to desert it.
I do not believe that monarchy and aristocracy will continue seven years longer in any of the enlightened countries in Europe. If better reasons can be shown for them than against them, they will stand; if the contrary, they will not. Mankind are not now to be told they shall not think, or they shall not read; and publications that go no farther than to investigate principles of government, to invite men to reason and to reflect, and to show the errors and excellences of different systems, have a right to appear. If they do not excite attention, they are not worth the trouble of a prosecution; and if they do, the prosecution will amount to nothing, since it cannot amount to a prohibition of reading. This would be a sentence on the public, instead of the author, and would also be the most effectual mode of making or hastening revolution.
On all cases that apply universally to a nation, with respect to systems of government, a jury of twelve men is not competent to decide. Where there are no witnesses to be examined, no facts to be proved, and where the whole matter is before the whole public, and the merits or demerits of it resting on their opinion; and where there is nothing to be known in a court, but what every body knows out of it, every twelve men is equally as good a jury as the other, and would most probably reverse each other's verdict; or, from the variety of their opinions, not be able to form one. It is one case, whether a nation approve a work, or a plan; but it is quite another case, whether it will commit to any such jury the power of determining whether that nation have a right to, or shall reform its government or not. I mention those cases that Mr. Burke may see I have not written on Government without reflecting on what is Law, as well as on what are Rights.—The only effectual jury in such cases would be a convention of the whole nation fairly elected; for in all such cases the whole nation is the vicinage. If Mr. Burke will propose such a jury, I will waive all privileges of being the citizen of another country, and, defending its principles, abide the issue, provided he will do the same; for my opinion is, that his work and his principles would be condemned instead of mine.
As to the prejudices which men have from education and habit, in favour of any particular form or system of government, those prejudices have yet to stand the test of reason and reflection. In fact, such prejudices are nothing. No man is prejudiced in favour of a thing, knowing it to be wrong. He is attached to it on the belief of its being right; and when he sees it is not so, the prejudice will be gone. We have but a defective idea of what prejudice is. It might be said, that until men think for themselves the whole is prejudice, and not opinion; for that only is opinion which is the result of reason and reflection. I offer this remark, that Mr. Burke may not confide too much in what have been the customary prejudices of the country.
I do not believe that the people of England have ever been fairly and candidly dealt by. They have been imposed upon by parties, and by men assuming the character of leaders. It is time that the nation should rise above those trifles. It is time to dismiss that inattention which has so long been the encouraging cause of stretching taxation to excess. It is time to dismiss all those songs and toasts which are calculated to enslave, and operate to suffocate reflection. On all such subjects men have but to think, and they will neither act wrong nor be misled. To say that any people are not fit for freedom, is to make poverty their choice, and to say they had rather be loaded with taxes than not. If such a case could be proved, it would equally prove that those who govern are not fit to govern them, for they are a part of the same national mass.
But admitting governments to be changed all over Europe; it certainly may be done without convulsion or revenge. It is not worth making changes or revolutions, unless it be for some great national benefit: and when this shall appear to a nation, the danger will be, as in America and France, to those who oppose; and with this reflection I close my Preface.
THOMAS PAINE
London, Feb. 9, 1792
English
When I started the chapter called “Conclusion” in the first part of Rights of Man, published last year, I planned to make it longer. But when I thought through everything I wanted to add, I realized it would either make the book too large or force me to cut my plan too sharply. So I finished the chapter as soon as I could do justice to its subject, and saved the rest for another time.
Other reasons also led me to this decision. Before going further, I wanted to see how people would receive a book whose thinking and language were different from what England was used to. The French Revolution was opening up a vast new field of thought for humanity. Mr. Burke's fierce opposition brought the debate to England. He attacked principles he knew, from what he had heard, I would defend. I believe in those principles, have helped establish them, and feel bound to defend them. If he had not started this dispute, I probably would have said nothing.
I also delayed the rest of the book because Mr. Burke promised in his first publication to return to the subject and compare what he called the English and French Constitutions. I held back to wait for him. Since then he has published two books without making the comparison. He certainly would have made it if it favored his position.
In his latest book, “Appeal from the New to the Old Whigs,” he quotes about ten pages of Rights of Man. After taking the trouble to quote them, he says he “shall not attempt in the smallest degree to refute them,” meaning the principles those pages contain. I know Mr. Burke well enough to know he would refute them if he could. Instead, he immediately consoles himself by saying that “he has done his part.” He has not done his part. He has not kept his promise to compare the constitutions. He began the dispute and issued the challenge, then ran away from it. Now his own claim that “the age of chivalry is gone!” applies to him.
Both the title and the contents of his latest book, his “Appeal,” count against him. Principles must succeed on their own merits, and good ones will do so. Mr. Burke's attempt to hide them behind other people's authority only makes them suspect. He does not usually like to share credit, but here he cleverly shares the disgrace.
And to whom does Mr. Burke appeal? To childish thinkers and politicians who stopped halfway, born in the last century. They followed principles only as far as those principles served their party. They always left the nation out of it, as every party has done from then until now. The nation finds nothing in such books or politics worth its attention. A small issue can stir a party, but only a great issue stirs a nation.
I find little in Mr. Burke's “Appeal” worth discussing, but I will comment on one remark. After quoting at length from Rights of Man and refusing to dispute its principles, he writes: “This will most probably be done (if such writings shall be thought to deserve any other refutation than that of criminal justice) by others, who may think with Mr. Burke and with the same zeal.”
First, nobody has done it yet. At least eight or ten pamphlets by different writers have tried to answer the first part of Rights of Man. As far as I know, not one has reached a second edition, and people do not even generally remember their titles. I do not want to multiply publications without need, so I have answered none of them. I also believe a writer can destroy his own reputation when nobody else can, and I take care to avoid that danger.
But just as I avoid unnecessary publications, I do not want to look stubbornly proud. If Mr. Burke, or anyone on his side, writes a reply to Rights of Man that sells half as many copies, or even a quarter as many, as Rights of Man, I will answer it. Until then, I will let the public's judgment guide me to this extent, though everyone knows I do not flatter the public: a book they do not find worth reading is not worth my answering. I estimate that the first part of Rights of Man sold no fewer than between forty and fifty thousand copies in England, Scotland, and Ireland.
Now I will address the rest of the passage I quoted from Mr. Burke.
“If,” he says, “such writings shall be thought to deserve any other refutation than that of criminal justice.”
Forgive the play on words, but justice really would be criminal if it condemned a book in place of answering it with arguments. The strongest judgment against the book would be a successful refutation. If Mr. Burke's method were used instead, the ultimate judgment would fall on the criminal nature of the proceedings, not on the book. In that case I would rather have written the book than be the judge or a member of the jury that condemned it.
Let me come straight to the point. I have disagreed with some legal professionals about prosecutions, and I now find they are coming around to my view. I will state it as fully and briefly as I can.
First I will consider any law, then compare it to a government, or to what England calls, or has called, a constitution.
Making a law that forbids people to examine the principles, whether good or bad, behind that law or any other law would be tyranny, or what England calls arbitrary power.
If a law is bad, defying it is one thing. Pointing out its errors, discussing its flaws, and explaining why it should be repealed or replaced is quite another. I have always believed, and acted on the belief, that it is better to obey a bad law while making every possible argument for its repeal than to break it by force. Breaking a bad law might set a precedent that weakens good laws too, and encourages people to decide for themselves which laws to break.
The same reasoning applies to the principles and forms of government, and to what are called constitutions and their various parts.
Government should be set up for the benefit of nations, not to enrich or elevate particular people. Humanity pays to support it for that reason. By the same reasoning, everyone must be free to discuss flaws in any government's or constitution's principles and structure, just as they can discuss a law's flaws. Each person owes society a duty to point them out. Once a nation generally understands those flaws and how to fix them, it will reform its government or constitution, just as a government repeals or reforms a law. Government's job is limited to making and administering laws. The right to make or remake constitutions and governments belongs to the nation. A country therefore always has the right to investigate these matters. To prosecute people for doing so would violate the country's general rights. I will debate Mr. Burke on this ground whenever he likes. We should let the whole argument be heard instead of trying to silence it. He started the controversy and should not abandon it.
I do not believe monarchy and aristocracy will survive another seven years in any of Europe's enlightened countries. If there are better arguments for them than against them, they will survive; otherwise they will not. People can no longer be told not to think or read. Publications that simply examine the principles of government, ask people to reason and reflect, and show where different systems are good or bad have a right to appear. If they draw no attention, they are not worth prosecuting. If they do draw attention, prosecution will achieve nothing, because it cannot stop people from reading. It would punish the public rather than the author and would be the surest way to bring on a revolution sooner.
A jury of twelve men cannot decide questions about systems of government that concern an entire nation. There are no witnesses to question or facts to prove in such a case. Everything is in public view, and the public decides its merits. A court knows nothing more about it than everyone outside knows. Any twelve men would be as qualified as any other twelve; different juries would probably reach opposite verdicts, or a single jury might disagree so much that it could not reach one. Whether a nation approves a book or a plan is one question. Whether it will give such a jury the power to decide if the nation has the right to reform its government is another. I raise these questions so Mr. Burke can see that I have considered law as well as rights when writing about government. The only suitable jury in such cases would be a fairly elected convention representing the whole nation, because the whole nation is the relevant community. If Mr. Burke proposes that jury, I will give up any privileges I have as a citizen of another country and defender of its principles, and accept its decision, provided he does the same. I believe it would condemn his book and his principles instead of mine.
People acquire prejudices in favor of particular forms of government through education and habit, but those prejudices still have to face reason and reflection. In fact, prejudice of this sort has no substance. No one favors something while knowing it is wrong. A person supports it because they think it right, and when they see it is not, their prejudice disappears. We do not fully understand what prejudice is. Until people think for themselves, one could say all they have is prejudice, not opinion. Only a judgment based on reasoning and reflection deserves to be called an opinion. I make this point so that Mr. Burke will not rely too heavily on the country's customary prejudices.
I do not believe the people of England have ever been treated fairly or honestly. Parties and self-appointed leaders have deceived them. It is time for the nation to rise above such trifles. It is time to stop paying so little attention, which has long encouraged taxes to rise too high. It is time to give up the songs and toasts designed to make people accept servitude and stop thinking. On these matters, people only need to think: then they will neither act wrongly nor be led astray. Saying a people are unfit for freedom amounts to saying they choose poverty and would rather pay heavy taxes than be free of them. Even if that could be proved, it would also prove their rulers unfit to rule, since rulers come from the same nation.
Even if governments change throughout Europe, that can certainly happen without upheaval or revenge. Changes and revolutions are worthwhile only if they bring a great benefit to the nation. Once people see that benefit, those who oppose the change will be the ones in danger, as in America and France. With that thought I end my Preface.
THOMAS PAINE
London, Feb. 9, 1792
Part II: Introduction
18th-century English
What Archimedes said of the mechanical powers, may be applied to Reason and Liberty. "Had we," said he, "a place to stand upon, we might raise the world."
The revolution of America presented in politics what was only theory in mechanics. So deeply rooted were all the governments of the old world, and so effectually had the tyranny and the antiquity of habit established itself over the mind, that no beginning could be made in Asia, Africa, or Europe, to reform the political condition of man. Freedom had been hunted round the globe; reason was considered as rebellion; and the slavery of fear had made men afraid to think.
But such is the irresistible nature of truth, that all it asks,—and all it wants,—is the liberty of appearing. The sun needs no inscription to distinguish him from darkness; and no sooner did the American governments display themselves to the world, than despotism felt a shock and man began to contemplate redress.
The independence of America, considered merely as a separation from England, would have been a matter but of little importance, had it not been accompanied by a revolution in the principles and practice of governments. She made a stand, not for herself only, but for the world, and looked beyond the advantages herself could receive. Even the Hessian, though hired to fight against her, may live to bless his defeat; and England, condemning the viciousness of its government, rejoice in its miscarriage.
As America was the only spot in the political world where the principle of universal reformation could begin, so also was it the best in the natural world. An assemblage of circumstances conspired, not only to give birth, but to add gigantic maturity to its principles. The scene which that country presents to the eye of a spectator, has something in it which generates and encourages great ideas. Nature appears to him in magnitude. The mighty objects he beholds, act upon his mind by enlarging it, and he partakes of the greatness he contemplates.—Its first settlers were emigrants from different European nations, and of diversified professions of religion, retiring from the governmental persecutions of the old world, and meeting in the new, not as enemies, but as brothers. The wants which necessarily accompany the cultivation of a wilderness produced among them a state of society, which countries long harassed by the quarrels and intrigues of governments, had neglected to cherish. In such a situation man becomes what he ought. He sees his species, not with the inhuman idea of a natural enemy, but as kindred; and the example shows to the artificial world, that man must go back to Nature for information.
From the rapid progress which America makes in every species of improvement, it is rational to conclude that, if the governments of Asia, Africa, and Europe had begun on a principle similar to that of America, or had not been very early corrupted therefrom, those countries must by this time have been in a far superior condition to what they are. Age after age has passed away, for no other purpose than to behold their wretchedness. Could we suppose a spectator who knew nothing of the world, and who was put into it merely to make his observations, he would take a great part of the old world to be new, just struggling with the difficulties and hardships of an infant settlement. He could not suppose that the hordes of miserable poor with which old countries abound could be any other than those who had not yet had time to provide for themselves. Little would he think they were the consequence of what in such countries they call government.
If, from the more wretched parts of the old world, we look at those which are in an advanced stage of improvement we still find the greedy hand of government thrusting itself into every corner and crevice of industry, and grasping the spoil of the multitude. Invention is continually exercised to furnish new pretences for revenue and taxation. It watches prosperity as its prey, and permits none to escape without a tribute.
As revolutions have begun (and as the probability is always greater against a thing beginning, than of proceeding after it has begun), it is natural to expect that other revolutions will follow. The amazing and still increasing expenses with which old governments are conducted, the numerous wars they engage in or provoke, the embarrassments they throw in the way of universal civilisation and commerce, and the oppression and usurpation acted at home, have wearied out the patience, and exhausted the property of the world. In such a situation, and with such examples already existing, revolutions are to be looked for. They are become subjects of universal conversation, and may be considered as the Order of the day.
If systems of government can be introduced less expensive and more productive of general happiness than those which have existed, all attempts to oppose their progress will in the end be fruitless. Reason, like time, will make its own way, and prejudice will fall in a combat with interest. If universal peace, civilisation, and commerce are ever to be the happy lot of man, it cannot be accomplished but by a revolution in the system of governments. All the monarchical governments are military. War is their trade, plunder and revenue their objects. While such governments continue, peace has not the absolute security of a day. What is the history of all monarchical governments but a disgustful picture of human wretchedness, and the accidental respite of a few years' repose? Wearied with war, and tired with human butchery, they sat down to rest, and called it peace. This certainly is not the condition that heaven intended for man; and if this be monarchy, well might monarchy be reckoned among the sins of the Jews.
The revolutions which formerly took place in the world had nothing in them that interested the bulk of mankind. They extended only to a change of persons and measures, but not of principles, and rose or fell among the common transactions of the moment. What we now behold may not improperly be called a "counter-revolution." Conquest and tyranny, at some earlier period, dispossessed man of his rights, and he is now recovering them. And as the tide of all human affairs has its ebb and flow in directions contrary to each other, so also is it in this. Government founded on a moral theory, on a system of universal peace, on the indefeasible hereditary Rights of Man, is now revolving from west to east by a stronger impulse than the government of the sword revolved from east to west. It interests not particular individuals, but nations in its progress, and promises a new era to the human race.
The danger to which the success of revolutions is most exposed is that of attempting them before the principles on which they proceed, and the advantages to result from them, are sufficiently seen and understood. Almost everything appertaining to the circumstances of a nation, has been absorbed and confounded under the general and mysterious word government. Though it avoids taking to its account the errors it commits, and the mischiefs it occasions, it fails not to arrogate to itself whatever has the appearance of prosperity. It robs industry of its honours, by pedantically making itself the cause of its effects; and purloins from the general character of man, the merits that appertain to him as a social being.
It may therefore be of use in this day of revolutions to discriminate between those things which are the effect of government, and those which are not. This will best be done by taking a review of society and civilisation, and the consequences resulting therefrom, as things distinct from what are called governments. By beginning with this investigation, we shall be able to assign effects to their proper causes and analyse the mass of common errors.
English
What Archimedes said about mechanics also applies to reason and liberty. He said, “If we had a place to stand, we could lift the world.”
The American Revolution achieved in politics what had only been a theory in mechanics. Governments in the old world had such deep roots, and the tyranny of long-standing habits had such a firm hold on people's minds, that reform of people's political condition could not begin in Asia, Africa, or Europe. Freedom had been driven around the globe. Reason was treated as rebellion, and fear had enslaved people so completely that they were afraid to think.
Yet truth has a power that cannot be stopped. All it asks for, and all it needs, is the freedom to come into view. The sun needs no label to set it apart from darkness. As soon as the American governments showed themselves to the world, tyranny was shaken and people began to consider how to put things right.
If American independence had meant only separation from England, it would have mattered little. Its importance came from the accompanying revolution in the principles and practice of government. America took a stand not just for itself but for the world, looking beyond its own gains. Even a Hessian soldier hired to fight America might one day be grateful for his defeat. England too might recognize the faults of its own government and be glad that it failed.
America was the only place in the political world where reform based on universal principles could start. It was also the best place in the natural world. Many circumstances came together not just to give those principles a beginning but to help them grow quickly to great strength. The landscape inspires big ideas in anyone who sees it. Nature seems vast there. Its great features expand the mind of the observer, who takes in something of their greatness. America's first settlers came from different European nations and followed different religions. They fled persecution by the governments of the old world. In the new world they met not as enemies but as brothers. Cultivating undeveloped land brought needs that encouraged a kind of society which countries long troubled by government quarrels and schemes had failed to nurture. In those conditions people become what they ought to be. They see others not as natural enemies but as kin. Their example shows the artificial world that people must look to nature to learn how to live.
America's rapid progress in every kind of improvement suggests a reasonable conclusion. If governments in Asia, Africa, and Europe had started on principles like America's, or had not soon abandoned them through corruption, those places would now be much better off. Century after century has passed there with nothing to show for it but suffering. Imagine someone who knew nothing about the world and was sent there simply to observe. They might think much of the old world had only just been settled and was still struggling through the hardships of a new settlement. They would not imagine that the crowds of desperately poor people in old countries were anything other than people who had not yet had time to make a living. They would hardly suspect that what those countries call government had produced that poverty.
Even if we turn from the poorest parts of the old world to those that have made more progress, we still find government reaching into every part of industry and taking the rewards earned by ordinary people. It constantly invents new excuses to raise revenue and taxes. It watches for prosperity as something to seize and lets no one escape without payment.
Revolutions have already begun. Since it is harder for something to begin than to continue once begun, we can naturally expect more revolutions. Old governments are run at astonishing and ever-rising cost. They fight or provoke many wars. They obstruct civilization and commerce across the world and oppress and seize power at home. All this has exhausted the world's wealth and patience. Given these conditions and the examples already before us, we should expect revolutions. Everyone talks about them; they are the issue of the day.
If new systems of government cost less and do more for people's happiness, attempts to stop them will ultimately fail. Reason, like time, will go forward. Prejudice will lose when it comes up against people's interests. If people are ever to enjoy lasting peace, civilization, and commerce around the world, the systems of government must change through revolution. Every monarchy is a military government. War is its business, and plunder and revenue are its goals. As long as these governments last, peace is not secure even for one day. The history of monarchy is a repulsive picture of human misery interrupted by occasional years of rest. Tired of war and of killing people, monarchies stop to rest and call it peace. Surely heaven did not intend people to live this way. If this is what monarchy means, it is no wonder it was counted among the sins of the Jews.
Past revolutions did not affect most people. They changed leaders and policies, not principles, and came and went as events of the moment. What we see now could more properly be called a “counter-revolution.” At some earlier time conquest and tyranny took away people's rights; now people are getting them back. Human affairs move back and forth like a tide, and this movement is no different. Government based on moral principles, worldwide peace, and the inalienable rights that belong to people from birth is now spreading from west to east. It has greater force than rule by the sword had when it spread from east to west. This movement concerns entire nations, not just particular individuals, and holds out the promise of a new era for humanity.
The greatest danger to a successful revolution is starting it before people sufficiently understand its guiding principles and its likely benefits. Almost everything that concerns a nation has been lumped together under the vague, mysterious word “government.” Government does not accept responsibility for its mistakes and the harm it causes, but it claims the credit for anything that looks like prosperity. It takes credit for the results of people's work, pompously claiming to have caused them. It also takes from people the credit they deserve for what they achieve by living together.
In this age of revolutions, then, it may help to distinguish what government actually does from what it does not do. The best way is to examine society and civilization, and what comes from them, separately from what people call governments. This investigation will let us trace results to their true causes and sort through widely held mistakes.
Part II: Chapter I
18th-century English
Great part of that order which reigns among mankind is not the effect of government. It has its origin in the principles of society and the natural constitution of man. It existed prior to government, and would exist if the formality of government was abolished. The mutual dependence and reciprocal interest which man has upon man, and all the parts of civilised community upon each other, create that great chain of connection which holds it together. The landholder, the farmer, the manufacturer, the merchant, the tradesman, and every occupation, prospers by the aid which each receives from the other, and from the whole. Common interest regulates their concerns, and forms their law; and the laws which common usage ordains, have a greater influence than the laws of government. In fine, society performs for itself almost everything which is ascribed to government.
To understand the nature and quantity of government proper for man, it is necessary to attend to his character. As Nature created him for social life, she fitted him for the station she intended. In all cases she made his natural wants greater than his individual powers. No one man is capable, without the aid of society, of supplying his own wants, and those wants, acting upon every individual, impel the whole of them into society, as naturally as gravitation acts to a centre.
But she has gone further. She has not only forced man into society by a diversity of wants which the reciprocal aid of each other can supply, but she has implanted in him a system of social affections, which, though not necessary to his existence, are essential to his happiness. There is no period in life when this love for society ceases to act. It begins and ends with our being.
If we examine with attention into the composition and constitution of man, the diversity of his wants, and the diversity of talents in different men for reciprocally accommodating the wants of each other, his propensity to society, and consequently to preserve the advantages resulting from it, we shall easily discover, that a great part of what is called government is mere imposition.
Government is no farther necessary than to supply the few cases to which society and civilisation are not conveniently competent; and instances are not wanting to show, that everything which government can usefully add thereto, has been performed by the common consent of society, without government.
For upwards of two years from the commencement of the American War, and to a longer period in several of the American States, there were no established forms of government. The old governments had been abolished, and the country was too much occupied in defence to employ its attention in establishing new governments; yet during this interval order and harmony were preserved as inviolate as in any country in Europe. There is a natural aptness in man, and more so in society, because it embraces a greater variety of abilities and resource, to accommodate itself to whatever situation it is in. The instant formal government is abolished, society begins to act: a general association takes place, and common interest produces common security.
So far is it from being true, as has been pretended, that the abolition of any formal government is the dissolution of society, that it acts by a contrary impulse, and brings the latter the closer together. All that part of its organisation which it had committed to its government, devolves again upon itself, and acts through its medium. When men, as well from natural instinct as from reciprocal benefits, have habituated themselves to social and civilised life, there is always enough of its principles in practice to carry them through any changes they may find necessary or convenient to make in their government. In short, man is so naturally a creature of society that it is almost impossible to put him out of it.
Formal government makes but a small part of civilised life; and when even the best that human wisdom can devise is established, it is a thing more in name and idea than in fact. It is to the great and fundamental principles of society and civilisation—to the common usage universally consented to, and mutually and reciprocally maintained—to the unceasing circulation of interest, which, passing through its million channels, invigorates the whole mass of civilised man—it is to these things, infinitely more than to anything which even the best instituted government can perform, that the safety and prosperity of the individual and of the whole depends.
The more perfect civilisation is, the less occasion has it for government, because the more does it regulate its own affairs, and govern itself; but so contrary is the practice of old governments to the reason of the case, that the expenses of them increase in the proportion they ought to diminish. It is but few general laws that civilised life requires, and those of such common usefulness, that whether they are enforced by the forms of government or not, the effect will be nearly the same. If we consider what the principles are that first condense men into society, and what are the motives that regulate their mutual intercourse afterwards, we shall find, by the time we arrive at what is called government, that nearly the whole of the business is performed by the natural operation of the parts upon each other.
Man, with respect to all those matters, is more a creature of consistency than he is aware, or than governments would wish him to believe. All the great laws of society are laws of nature. Those of trade and commerce, whether with respect to the intercourse of individuals or of nations, are laws of mutual and reciprocal interest. They are followed and obeyed, because it is the interest of the parties so to do, and not on account of any formal laws their governments may impose or interpose.
But how often is the natural propensity to society disturbed or destroyed by the operations of government! When the latter, instead of being ingrafted on the principles of the former, assumes to exist for itself, and acts by partialities of favour and oppression, it becomes the cause of the mischiefs it ought to prevent.
If we look back to the riots and tumults which at various times have happened in England, we shall find that they did not proceed from the want of a government, but that government was itself the generating cause; instead of consolidating society it divided it; it deprived it of its natural cohesion, and engendered discontents and disorders which otherwise would not have existed. In those associations which men promiscuously form for the purpose of trade, or of any concern in which government is totally out of the question, and in which they act merely on the principles of society, we see how naturally the various parties unite; and this shows, by comparison, that governments, so far from being always the cause or means of order, are often the destruction of it. The riots of 1780 had no other source than the remains of those prejudices which the government itself had encouraged. But with respect to England there are also other causes.
Excess and inequality of taxation, however disguised in the means, never fail to appear in their effects. As a great mass of the community are thrown thereby into poverty and discontent, they are constantly on the brink of commotion; and deprived, as they unfortunately are, of the means of information, are easily heated to outrage. Whatever the apparent cause of any riots may be, the real one is always want of happiness. It shows that something is wrong in the system of government that injures the felicity by which society is to be preserved.
But as a fact is superior to reasoning, the instance of America presents itself to confirm these observations. If there is a country in the world where concord, according to common calculation, would be least expected, it is America. Made up as it is of people from different nations,*16 accustomed to different forms and habits of government, speaking different languages, and more different in their modes of worship, it would appear that the union of such a people was impracticable; but by the simple operation of constructing government on the principles of society and the rights of man, every difficulty retires, and all the parts are brought into cordial unison. There the poor are not oppressed, the rich are not privileged. Industry is not mortified by the splendid extravagance of a court rioting at its expense. Their taxes are few, because their government is just: and as there is nothing to render them wretched, there is nothing to engender riots and tumults.
A metaphysical man, like Mr. Burke, would have tortured his invention to discover how such a people could be governed. He would have supposed that some must be managed by fraud, others by force, and all by some contrivance; that genius must be hired to impose upon ignorance, and show and parade to fascinate the vulgar. Lost in the abundance of his researches, he would have resolved and re-resolved, and finally overlooked the plain and easy road that lay directly before him.
One of the great advantages of the American Revolution has been, that it led to a discovery of the principles, and laid open the imposition, of governments. All the revolutions till then had been worked within the atmosphere of a court, and never on the grand floor of a nation. The parties were always of the class of courtiers; and whatever was their rage for reformation, they carefully preserved the fraud of the profession.
In all cases they took care to represent government as a thing made up of mysteries, which only themselves understood; and they hid from the understanding of the nation the only thing that was beneficial to know, namely, That government is nothing more than a national association adding on the principles of society.
Having thus endeavoured to show that the social and civilised state of man is capable of performing within itself almost everything necessary to its protection and government, it will be proper, on the other hand, to take a review of the present old governments, and examine whether their principles and practice are correspondent thereto.
English
Much of the order we see among people does not come from government. It comes from the way society works and from human nature. It existed before government and would remain if formal government ended. People depend on one another, and every part of a civilized community has a stake in the others. These ties hold the community together. Landowners, farmers, manufacturers, merchants, tradespeople, and people in every occupation benefit from the help they receive from one another and from the community as a whole. Shared interests guide what they do and make rules for them. Rules established by common practice have more influence than government laws. In short, society does almost everything for itself that people credit to government.
To understand what kind of government people need, and how much of it, we must look at human nature. Nature made people for social life and equipped them for it. It gave each person needs greater than one person can meet alone. No one can meet all their needs without help from society. Because everyone has these needs, they draw everyone into society as naturally as gravity draws things toward a center.
Nature has done more. It did not just bring people together by giving them different needs that they can meet by helping one another. It also gave them feelings of affection for others. These feelings are not necessary for survival, but they are essential to happiness. Our desire for company stays with us throughout life. It begins and ends with our lives.
Look closely at how people are made: they have different needs and different abilities to meet one another's needs. They are drawn to society and therefore want to protect the benefits it brings. Then it is easy to see that much of what is called government is simply a fraud.
Government is needed only for the few tasks that society and civilization cannot easily handle. There are examples showing that society, acting by common consent and without government, has already done everything useful that government can add.
For more than two years after the American War began, and for an even longer time in several American States, there were no established forms of government. The old governments had been abolished, and the country was too busy defending itself to set up new ones. Yet order and harmony held as firmly during that time as in any European country. People are naturally able to adapt to their circumstances. Society is even better at it, because it brings together more kinds of skills and resources. Once formal government is abolished, society starts to act. People join together, and their common interest gives them common security.
Some claim that abolishing a formal government breaks up society. The opposite is true: it brings people closer. Society takes back the work it had assigned to government and does that work itself. People have grown used to civilized social life both by instinct and because they benefit from one another. Enough of its principles always remain in practice to carry them through whatever changes in government they find necessary or useful. In short, human beings are so naturally social that it is almost impossible to remove them from society.
Formal government is only a small part of civilized life. Even the best government people can devise matters more as a name and an idea than as a practical force. What protects and supports individuals and the whole community is, above all, the basic principles of society and civilization. It is the practices to which everyone agrees and which people uphold for one another. It is the constant movement of shared interests through a million channels that gives the whole civilized community its strength. These things matter far more than anything even the best-designed government can do.
The more fully developed a civilization is, the less it needs government, because it manages more of its own affairs. But old governments act in exactly the opposite way: their costs rise when they should be falling. Civilized life needs only a few general laws, useful enough to everyone that they work much the same whether or not a government formally enforces them. Consider what first brings people together into society and what later guides their dealings with each other. By the time we reach what is called government, we find that the various parts of society already do almost all the work through their natural dealings with one another.
In these matters people act more consistently than they realize, or than governments want them to believe. The great rules of society are rules of nature. Trade and commerce between individuals or nations are governed by mutual interest. People follow these rules because it benefits everyone involved, not because governments make laws about them or intervene.
But government often disrupts or destroys our natural tendency to live together. Instead of growing out of society's principles, it claims an existence of its own. When it gives some people favors and oppresses others, it causes the very problems it should prevent.
Think of the riots and unrest that have occurred in England. They were not caused by a lack of government. Government itself caused them. Rather than holding society together, it divided people. It weakened their natural ties and created grievances and disorder that otherwise would not have existed. Compare the groups that people freely form for trade or other activities without any government involvement. They act on the principles of society, and their members naturally come together. This comparison shows that governments are often not the source of order but its destroyer. The riots of 1780 came from lingering prejudices that the government itself had encouraged. England has other causes of unrest too.
Heavy and unequal taxes always show their effects, however cleverly the way they are collected is hidden. They push a large part of the community into poverty and dissatisfaction, leaving people close to unrest. These people unfortunately lack access to information, so they can easily be stirred to violence. Whatever seems to set off a riot, its real cause is always a lack of happiness. It shows that something is wrong with a system of government that damages the well-being on which society depends.
A real example is stronger than an argument, and America supports these points. If we judged by common assumptions, America would be the last place in the world to expect harmony. Its people come from different nations,*16 are used to different forms and customs of government, speak different languages, and differ even more in their ways of worship. It might seem impossible for them to unite. But when government is built on the principles of society and the rights of man, the problems disappear and all the groups come together willingly. The poor are not oppressed, and the rich get no special privileges. Working people are not discouraged by the dazzling excess of a court living lavishly at their expense. Taxes are low because government is fair. Nothing makes the people miserable, so nothing gives rise to riots and unrest.
A man given to abstract theories, like Mr. Burke, would have strained his imagination to work out how to govern such people. He would have assumed that some must be controlled by deception, others by force, and all by some elaborate scheme. He would have hired clever people to fool those who knew less, and used pomp and spectacle to captivate ordinary people. After all that elaborate thought, he would have kept reconsidering the problem and missed the simple, direct solution before him.
One great benefit of the American Revolution is that it revealed the principles of government and exposed the deception practiced by governments. Earlier revolutions took place inside the world of royal courts, never among a nation as a whole. The opposing sides were always courtiers. However much they talked of reform, they carefully protected the deception that kept their positions secure.
In every case, they portrayed government as a mystery that only they understood. They kept the nation from knowing the one useful fact: government is simply a national association built on the principles of society.
I have tried to show that people living together in civilized society can do almost everything needed for their own protection and government. Now we should look at the existing old governments and ask whether their principles and practices fit that fact.
Part II: Chapter II
18th-century English
It is impossible that such governments as have hitherto existed in the world, could have commenced by any other means than a total violation of every principle sacred and moral. The obscurity in which the origin of all the present old governments is buried, implies the iniquity and disgrace with which they began. The origin of the present government of America and France will ever be remembered, because it is honourable to record it; but with respect to the rest, even Flattery has consigned them to the tomb of time, without an inscription.
It could have been no difficult thing in the early and solitary ages of the world, while the chief employment of men was that of attending flocks and herds, for a banditti of ruffians to overrun a country, and lay it under contributions. Their power being thus established, the chief of the band contrived to lose the name of Robber in that of Monarch; and hence the origin of Monarchy and Kings.
The origin of the Government of England, so far as relates to what is called its line of monarchy, being one of the latest, is perhaps the best recorded. The hatred which the Norman invasion and tyranny begat, must have been deeply rooted in the nation, to have outlived the contrivance to obliterate it. Though not a courtier will talk of the curfew-bell, not a village in England has forgotten it.
Those bands of robbers having parcelled out the world, and divided it into dominions, began, as is naturally the case, to quarrel with each other. What at first was obtained by violence was considered by others as lawful to be taken, and a second plunderer succeeded the first. They alternately invaded the dominions which each had assigned to himself, and the brutality with which they treated each other explains the original character of monarchy. It was ruffian torturing ruffian. The conqueror considered the conquered, not as his prisoner, but his property. He led him in triumph rattling in chains, and doomed him, at pleasure, to slavery or death. As time obliterated the history of their beginning, their successors assumed new appearances, to cut off the entail of their disgrace, but their principles and objects remained the same. What at first was plunder, assumed the softer name of revenue; and the power originally usurped, they affected to inherit.
From such beginning of governments, what could be expected but a continued system of war and extortion? It has established itself into a trade. The vice is not peculiar to one more than to another, but is the common principle of all. There does not exist within such governments sufficient stamina whereon to engraft reformation; and the shortest and most effectual remedy is to begin anew on the ground of the nation.
What scenes of horror, what perfection of iniquity, present themselves in contemplating the character and reviewing the history of such governments! If we would delineate human nature with a baseness of heart and hypocrisy of countenance that reflection would shudder at and humanity disown, it is kings, courts and cabinets that must sit for the portrait. Man, naturally as he is, with all his faults about him, is not up to the character.
Can we possibly suppose that if governments had originated in a right principle, and had not an interest in pursuing a wrong one, the world could have been in the wretched and quarrelsome condition we have seen it? What inducement has the farmer, while following the plough, to lay aside his peaceful pursuit, and go to war with the farmer of another country? or what inducement has the manufacturer? What is dominion to them, or to any class of men in a nation? Does it add an acre to any man's estate, or raise its value? Are not conquest and defeat each of the same price, and taxes the never-failing consequence?—Though this reasoning may be good to a nation, it is not so to a government. War is the Pharo-table of governments, and nations the dupes of the game.
If there is anything to wonder at in this miserable scene of governments more than might be expected, it is the progress which the peaceful arts of agriculture, manufacture and commerce have made beneath such a long accumulating load of discouragement and oppression. It serves to show that instinct in animals does not act with stronger impulse than the principles of society and civilisation operate in man. Under all discouragements, he pursues his object, and yields to nothing but impossibilities.
English
Governments like those that have existed until now could only have begun by completely violating every sacred and moral principle. The beginnings of all the old governments still in existence are hidden from view. That obscurity points to the injustice and disgrace of their origins. People will always remember how the present governments of America and France began, because those beginnings deserve to be recorded. As for the others, even flattery has buried them in time without an inscription.
In the world's early ages, people lived far apart and spent much of their time tending flocks and herds. It would not have been hard for a gang of robbers to overrun a country and force its people to pay them. Once their power was established, the gang's leader found a way to exchange the name robber for monarch. This is how monarchy and kings began.
The origins of England's line of monarchs are among the most recent and perhaps the best recorded. The Norman invasion and the tyranny that followed stirred such deep hatred in the country that even efforts to erase its memory could not outlast it. No courtier may speak of the curfew bell, but no English village has forgotten it.
After these gangs of robbers divided the world into their own territories, they naturally began quarreling with one another. What one man had seized by force, another thought he could lawfully seize in turn. A second plunderer replaced the first. They took turns invading one another's territories. Their brutal treatment of each other shows what monarchy was like at its start: one thug torturing another. A conqueror regarded the man he defeated not as a prisoner but as property. He paraded him in chains and, whenever he wished, condemned him to slavery or death. As time erased the history of their beginnings, their successors took on a different appearance to escape the disgrace they had inherited. But their principles and aims stayed the same. Plunder acquired the gentler name of revenue. They pretended that the power first seized by force was theirs by inheritance.
What could come from governments with such beginnings except constant war and extortion? Those activities have become a trade. This vice does not belong to any one of these governments more than another. It is a principle they all share. Such governments lack the strength within themselves to support reform. The quickest and most effective answer is for a nation to start again from the ground up.
What horrifying scenes and fully developed injustices appear when we consider what these governments are like and look back over their histories! Suppose we wanted to portray human nature as so mean at heart and so false in appearance that any thoughtful person would shudder and humanity itself would reject the portrait. We would have to use kings, courts, and governing ministers as our models. Ordinary people, with all their natural faults, do not sink that low.
If governments had begun on a just principle and had no interest in pursuing an unjust one, could the world possibly have become as miserable and quarrelsome as we have seen it? Why would a farmer leave his plow and his peaceful work to fight a farmer from another country? Why would a manufacturer do it? What does control of another country mean to them, or to any group of people in a nation? Does it add an acre to anyone's land or increase its value? Don't victory and defeat cost them the same, with taxes sure to follow either way? This reasoning may suit a nation, but it does not suit a government. To governments, war is a gambling table, and nations are the people fooled into playing.
If anything about this miserable history of governments is more surprising than we might expect, it is how much farming, manufacturing, and trade have advanced in peace despite such a long buildup of obstacles and oppression. This shows that the human drive to form a civilized society is at least as strong as instinct in animals. People keep pursuing their aims despite every discouragement. Only impossibility stops them.
Part II: Chapter III, 1
18th-century English
Nothing can appear more contradictory than the principles on which the old governments began, and the condition to which society, civilisation and commerce are capable of carrying mankind. Government, on the old system, is an assumption of power, for the aggrandisement of itself; on the new, a delegation of power for the common benefit of society. The former supports itself by keeping up a system of war; the latter promotes a system of peace, as the true means of enriching a nation. The one encourages national prejudices; the other promotes universal society, as the means of universal commerce. The one measures its prosperity, by the quantity of revenue it extorts; the other proves its excellence, by the small quantity of taxes it requires.
Mr. Burke has talked of old and new whigs. If he can amuse himself with childish names and distinctions, I shall not interrupt his pleasure. It is not to him, but to the Abbe Sieyes, that I address this chapter. I am already engaged to the latter gentleman to discuss the subject of monarchical government; and as it naturally occurs in comparing the old and new systems, I make this the opportunity of presenting to him my observations. I shall occasionally take Mr. Burke in my way.
Though it might be proved that the system of government now called the New, is the most ancient in principle of all that have existed, being founded on the original, inherent Rights of Man: yet, as tyranny and the sword have suspended the exercise of those rights for many centuries past, it serves better the purpose of distinction to call it the new, than to claim the right of calling it the old.
The first general distinction between those two systems, is, that the one now called the old is hereditary, either in whole or in part; and the new is entirely representative. It rejects all hereditary government:
First, As being an imposition on mankind.
Secondly, As inadequate to the purposes for which government is necessary.
With respect to the first of these heads—It cannot be proved by what right hereditary government could begin; neither does there exist within the compass of mortal power a right to establish it. Man has no authority over posterity in matters of personal right; and, therefore, no man, or body of men, had, or can have, a right to set up hereditary government. Were even ourselves to come again into existence, instead of being succeeded by posterity, we have not now the right of taking from ourselves the rights which would then be ours. On what ground, then, do we pretend to take them from others?
All hereditary government is in its nature tyranny. An heritable crown, or an heritable throne, or by what other fanciful name such things may be called, have no other significant explanation than that mankind are heritable property. To inherit a government, is to inherit the people, as if they were flocks and herds.
With respect to the second head, that of being inadequate to the purposes for which government is necessary, we have only to consider what government essentially is, and compare it with the circumstances to which hereditary succession is subject.
Government ought to be a thing always in full maturity. It ought to be so constructed as to be superior to all the accidents to which individual man is subject; and, therefore, hereditary succession, by being subject to them all, is the most irregular and imperfect of all the systems of government.
We have heard the Rights of Man called a levelling system; but the only system to which the word levelling is truly applicable, is the hereditary monarchical system. It is a system of mental levelling. It indiscriminately admits every species of character to the same authority. Vice and virtue, ignorance and wisdom, in short, every quality good or bad, is put on the same level. Kings succeed each other, not as rationals, but as animals. It signifies not what their mental or moral characters are. Can we then be surprised at the abject state of the human mind in monarchical countries, when the government itself is formed on such an abject levelling system?—It has no fixed character. To-day it is one thing; to-morrow it is something else. It changes with the temper of every succeeding individual, and is subject to all the varieties of each. It is government through the medium of passions and accidents. It appears under all the various characters of childhood, decrepitude, dotage, a thing at nurse, in leading-strings, or in crutches. It reverses the wholesome order of nature. It occasionally puts children over men, and the conceits of nonage over wisdom and experience. In short, we cannot conceive a more ridiculous figure of government, than hereditary succession, in all its cases, presents.
Could it be made a decree in nature, or an edict registered in heaven, and man could know it, that virtue and wisdom should invariably appertain to hereditary succession, the objection to it would be removed; but when we see that nature acts as if she disowned and sported with the hereditary system; that the mental character of successors, in all countries, is below the average of human understanding; that one is a tyrant, another an idiot, a third insane, and some all three together, it is impossible to attach confidence to it, when reason in man has power to act.
It is not to the Abbe Sieyes that I need apply this reasoning; he has already saved me that trouble by giving his own opinion upon the case. "If it be asked," says he, "what is my opinion with respect to hereditary right, I answer without hesitation, That in good theory, an hereditary transmission of any power of office, can never accord with the laws of a true representation. Hereditaryship is, in this sense, as much an attaint upon principle, as an outrage upon society. But let us," continues he, "refer to the history of all elective monarchies and principalities: is there one in which the elective mode is not worse than the hereditary succession?"
As to debating on which is the worst of the two, it is admitting both to be bad; and herein we are agreed. The preference which the Abbe has given, is a condemnation of the thing that he prefers. Such a mode of reasoning on such a subject is inadmissible, because it finally amounts to an accusation upon Providence, as if she had left to man no other choice with respect to government than between two evils, the best of which he admits to be "an attaint upon principle, and an outrage upon society."
Passing over, for the present, all the evils and mischiefs which monarchy has occasioned in the world, nothing can more effectually prove its uselessness in a state of civil government, than making it hereditary. Would we make any office hereditary that required wisdom and abilities to fill it? And where wisdom and abilities are not necessary, such an office, whatever it may be, is superfluous or insignificant.
Hereditary succession is a burlesque upon monarchy. It puts it in the most ridiculous light, by presenting it as an office which any child or idiot may fill. It requires some talents to be a common mechanic; but to be a king requires only the animal figure of man—a sort of breathing automaton. This sort of superstition may last a few years more, but it cannot long resist the awakened reason and interest of man.
As to Mr. Burke, he is a stickler for monarchy, not altogether as a pensioner, if he is one, which I believe, but as a political man. He has taken up a contemptible opinion of mankind, who, in their turn, are taking up the same of him. He considers them as a herd of beings that must be governed by fraud, effigy, and show; and an idol would be as good a figure of monarchy with him, as a man. I will, however, do him the justice to say that, with respect to America, he has been very complimentary. He always contended, at least in my hearing, that the people of America were more enlightened than those of England, or of any country in Europe; and that therefore the imposition of show was not necessary in their governments.
Though the comparison between hereditary and elective monarchy, which the Abbe has made, is unnecessary to the case, because the representative system rejects both: yet, were I to make the comparison, I should decide contrary to what he has done.
The civil wars which have originated from contested hereditary claims, are more numerous, and have been more dreadful, and of longer continuance, than those which have been occasioned by election. All the civil wars in France arose from the hereditary system; they were either produced by hereditary claims, or by the imperfection of the hereditary form, which admits of regencies or monarchy at nurse. With respect to England, its history is full of the same misfortunes. The contests for succession between the houses of York and Lancaster lasted a whole century; and others of a similar nature have renewed themselves since that period. Those of 1715 and 1745 were of the same kind. The succession war for the crown of Spain embroiled almost half Europe. The disturbances of Holland are generated from the hereditaryship of the Stadtholder. A government calling itself free, with an hereditary office, is like a thorn in the flesh, that produces a fermentation which endeavours to discharge it.
But I might go further, and place also foreign wars, of whatever kind, to the same cause. It is by adding the evil of hereditary succession to that of monarchy, that a permanent family interest is created, whose constant objects are dominion and revenue. Poland, though an elective monarchy, has had fewer wars than those which are hereditary; and it is the only government that has made a voluntary essay, though but a small one, to reform the condition of the country.
Having thus glanced at a few of the defects of the old, or hereditary systems of government, let us compare it with the new, or representative system.
The representative system takes society and civilisation for its basis; nature, reason, and experience, for its guide.
English
The principles on which old governments began could hardly be more at odds with what society, civilization, and commerce can help people achieve. Under the old system, a government takes power to increase its own importance. Under the new system, people delegate power for the good of society as a whole. The old government sustains itself through war. The new one promotes peace as the true way to make a nation prosperous. One encourages prejudice against other nations; the other encourages people everywhere to live and trade together. One measures its success by how much revenue it can squeeze out of people. The other proves its worth by how little tax it needs.
Mr. Burke has talked about old and new Whigs. If he enjoys playing with childish names and distinctions, I will not spoil his fun. This chapter is addressed not to him but to the Abbe Sieyes. I have already promised to discuss monarchical government with the Abbe. The subject comes up naturally when comparing the old system with the new, so I will present my observations here. Along the way, I will sometimes address Mr. Burke.
One could show that the system now called new is actually the oldest in principle of any government. It rests on the original, inherent Rights of Man. Yet tyranny and the sword have kept people from exercising those rights for many centuries. To make the distinction clear, it is better to call this system new than to insist on calling it old.
The first broad difference between the two systems is this: the system now called old is hereditary in whole or in part, while the new system is entirely representative. The new system rejects every hereditary government:
First, because it is imposed on people.
Second, because it cannot serve the purposes for which government is needed.
On the first point, no one can prove what right a hereditary government could have had to begin. Nor can any human being have the right to establish one. No one has authority to take away the personal rights of future generations. So no person or group of people ever had, or can have, the right to establish hereditary government. Even if we ourselves were to live again instead of being replaced by future generations, we have no right now to take away the rights we would possess then. On what grounds, then, can we claim the right to take those rights from others?
Every hereditary government is tyrannical by nature. An inherited crown or throne, whatever grand name anyone gives it, can only mean that people are inherited property. To inherit a government is to inherit the people, as though they were flocks or herds.
On the second point, hereditary government cannot do what government needs to do. We need only consider what government is by its nature and compare it with the things that can happen under hereditary succession.
Government should always be fully mature. It should be built to withstand all the accidents that can affect an individual person. Hereditary succession is exposed to every one of them. It is therefore the most erratic and flawed system of government.
We have heard the Rights of Man called a system that levels everyone. But the system to which the word leveling really applies is hereditary monarchy. It levels people's minds. It lets people of every kind hold the same authority without distinction. Vice and virtue, ignorance and wisdom, and every other good or bad quality are treated alike. Kings succeed one another not because they are rational people but because they are animals of the same family. Their character and judgment make no difference. Should we be surprised that people's minds are held so low in monarchies when their governments rest on this degrading kind of leveling? Hereditary government has no fixed character. It is one thing today and something else tomorrow. It changes with each new ruler's temperament and every variation in that person's behavior. The government operates through passions and accidents. It appears as a child, as a frail old person, as someone who has lost sound judgment, as an infant in a nurse's care, as a child learning to walk, or as someone on crutches. It reverses the sound order of nature. Sometimes it puts children in charge of adults and immature whims above wisdom and experience. In short, hereditary succession in all its forms gives us the most ridiculous picture of government imaginable.
The objection would disappear if nature had decreed, or heaven had issued a law people could know, that wisdom and virtue would always belong to hereditary successors. But nature seems to reject and mock the hereditary system. In every country, successors have less judgment than the average person. One is a tyrant, another a fool, a third mentally unsound, and some combine all three. When people can use their reason, they cannot reasonably place their trust in that system.
I do not need to present this reasoning to the Abbe Sieyes. He has saved me the trouble by giving his opinion already. "If I am asked," he says, "what I think of hereditary right, I answer without hesitation: as a sound theory, the hereditary transfer of any power or office can never agree with the laws of genuine representation. In this sense, hereditary succession violates the principle and does violence to society. But let us," he continues, "look at the history of every elective monarchy and principality. Is there one in which election is not worse than hereditary succession?"
To debate which of these two is worse is to admit that both are bad. On that point we agree. The Abbe's preference condemns the very thing he prefers. That kind of reasoning will not do here. In the end, it accuses Providence of giving people only two bad choices for government, even though he himself says that the better choice "violates the principle and does violence to society."
For now, set aside all the harm monarchy has done in the world. Making monarchy hereditary is itself the strongest possible proof that it is useless in civil government. Would we make any position hereditary if it required wisdom and ability? And if a position does not require them, it is unnecessary or unimportant, whatever it is.
Hereditary succession makes a joke of monarchy. It makes monarchy look utterly ridiculous by showing it as a position any child or fool can fill. Even an ordinary mechanic needs some skill. A king needs only the body of a human being, a kind of breathing machine. This superstition may last a few more years. But it cannot withstand people's awakened reason and their understanding of their own interests for long.
Mr. Burke strongly supports monarchy. I believe he receives a government pension, but that is not his only reason; he supports it as a political thinker too. He has come to think very little of humanity, and people in turn are beginning to think very little of him. He sees them as a herd to be ruled by deception, images, and ceremony. For his purposes, an idol could serve as well as a person for a monarch. In fairness, though, he has praised America highly. At least when I heard him, he always argued that Americans were more enlightened than the people of England or any European country. For that reason, he said, American governments did not need the deception of grand displays.
The Abbe's comparison of hereditary monarchy with elective monarchy is unnecessary, because representative government rejects both. But if I did compare them, I would reach the opposite conclusion from his.
Civil wars over disputed hereditary claims have been more numerous, more terrible, and longer-lasting than civil wars caused by elections. All the civil wars in France arose from the hereditary system. They were caused either by claims of inheritance or by flaws in the system, which allows a regent to govern while the monarch is a child. England's history is also full of these disasters. The houses of York and Lancaster fought over the succession for a whole century, and similar conflicts have happened since. The conflicts of 1715 and 1745 were of the same kind. The war over who would inherit the Spanish crown drew almost half of Europe into conflict. The unrest in Holland comes from making the office of Stadtholder hereditary. If a government calls itself free but has a hereditary office, that office is like a thorn in its flesh, causing an irritation that the body tries to expel.
I could go further and trace foreign wars of all kinds to the same cause. Adding hereditary succession to monarchy creates a permanent family interest, always seeking more territory and revenue. Poland has an elective monarchy but has had fewer wars than hereditary monarchies. It is also the only government that has voluntarily tried, even on a small scale, to improve conditions in the country.
Now that we have looked briefly at some flaws of the old, hereditary systems, let us compare them with the new, representative system.
Representative government is based on society and civilization. It takes nature, reason, and experience as its guides.
Part II: Chapter III, 2
18th-century English
Experience, in all ages, and in all countries, has demonstrated that it is impossible to control Nature in her distribution of mental powers. She gives them as she pleases. Whatever is the rule by which she, apparently to us, scatters them among mankind, that rule remains a secret to man. It would be as ridiculous to attempt to fix the hereditaryship of human beauty, as of wisdom. Whatever wisdom constituently is, it is like a seedless plant; it may be reared when it appears, but it cannot be voluntarily produced. There is always a sufficiency somewhere in the general mass of society for all purposes; but with respect to the parts of society, it is continually changing its place. It rises in one to-day, in another to-morrow, and has most probably visited in rotation every family of the earth, and again withdrawn.
As this is in the order of nature, the order of government must necessarily follow it, or government will, as we see it does, degenerate into ignorance. The hereditary system, therefore, is as repugnant to human wisdom as to human rights; and is as absurd as it is unjust.
As the republic of letters brings forward the best literary productions, by giving to genius a fair and universal chance; so the representative system of government is calculated to produce the wisest laws, by collecting wisdom from where it can be found. I smile to myself when I contemplate the ridiculous insignificance into which literature and all the sciences would sink, were they made hereditary; and I carry the same idea into governments. An hereditary governor is as inconsistent as an hereditary author. I know not whether Homer or Euclid had sons; but I will venture an opinion that if they had, and had left their works unfinished, those sons could not have completed them.
Do we need a stronger evidence of the absurdity of hereditary government than is seen in the descendants of those men, in any line of life, who once were famous? Is there scarcely an instance in which there is not a total reverse of the character? It appears as if the tide of mental faculties flowed as far as it could in certain channels, and then forsook its course, and arose in others. How irrational then is the hereditary system, which establishes channels of power, in company with which wisdom refuses to flow! By continuing this absurdity, man is perpetually in contradiction with himself; he accepts, for a king, or a chief magistrate, or a legislator, a person whom he would not elect for a constable.
It appears to general observation, that revolutions create genius and talents; but those events do no more than bring them forward. There is existing in man, a mass of sense lying in a dormant state, and which, unless something excites it to action, will descend with him, in that condition, to the grave. As it is to the advantage of society that the whole of its faculties should be employed, the construction of government ought to be such as to bring forward, by a quiet and regular operation, all that extent of capacity which never fails to appear in revolutions.
This cannot take place in the insipid state of hereditary government, not only because it prevents, but because it operates to benumb. When the mind of a nation is bowed down by any political superstition in its government, such as hereditary succession is, it loses a considerable portion of its powers on all other subjects and objects. Hereditary succession requires the same obedience to ignorance, as to wisdom; and when once the mind can bring itself to pay this indiscriminate reverence, it descends below the stature of mental manhood. It is fit to be great only in little things. It acts a treachery upon itself, and suffocates the sensations that urge the detection.
Though the ancient governments present to us a miserable picture of the condition of man, there is one which above all others exempts itself from the general description. I mean the democracy of the Athenians. We see more to admire, and less to condemn, in that great, extraordinary people, than in anything which history affords.
Mr. Burke is so little acquainted with constituent principles of government, that he confounds democracy and representation together. Representation was a thing unknown in the ancient democracies. In those the mass of the people met and enacted laws (grammatically speaking) in the first person. Simple democracy was no other than the common hall of the ancients. It signifies the form, as well as the public principle of the government. As those democracies increased in population, and the territory extended, the simple democratical form became unwieldy and impracticable; and as the system of representation was not known, the consequence was, they either degenerated convulsively into monarchies, or became absorbed into such as then existed. Had the system of representation been then understood, as it now is, there is no reason to believe that those forms of government, now called monarchical or aristocratical, would ever have taken place. It was the want of some method to consolidate the parts of society, after it became too populous, and too extensive for the simple democratical form, and also the lax and solitary condition of shepherds and herdsmen in other parts of the world, that afforded opportunities to those unnatural modes of government to begin.
As it is necessary to clear away the rubbish of errors, into which the subject of government has been thrown, I will proceed to remark on some others.
It has always been the political craft of courtiers and court-governments, to abuse something which they called republicanism; but what republicanism was, or is, they never attempt to explain. Let us examine a little into this case.
The only forms of government are the democratical, the aristocratical, the monarchical, and what is now called the representative.
What is called a republic is not any particular form of government. It is wholly characteristical of the purport, matter or object for which government ought to be instituted, and on which it is to be employed, Res-Publica, the public affairs, or the public good; or, literally translated, the public thing. It is a word of a good original, referring to what ought to be the character and business of government; and in this sense it is naturally opposed to the word monarchy, which has a base original signification. It means arbitrary power in an individual person; in the exercise of which, himself, and not the res-publica, is the object.
Every government that does not act on the principle of a Republic, or in other words, that does not make the res-publica its whole and sole object, is not a good government. Republican government is no other than government established and conducted for the interest of the public, as well individually as collectively. It is not necessarily connected with any particular form, but it most naturally associates with the representative form, as being best calculated to secure the end for which a nation is at the expense of supporting it.
Various forms of government have affected to style themselves a republic. Poland calls itself a republic, which is an hereditary aristocracy, with what is called an elective monarchy. Holland calls itself a republic, which is chiefly aristocratical, with an hereditary stadtholdership. But the government of America, which is wholly on the system of representation, is the only real Republic, in character and in practice, that now exists. Its government has no other object than the public business of the nation, and therefore it is properly a republic; and the Americans have taken care that This, and no other, shall always be the object of their government, by their rejecting everything hereditary, and establishing governments on the system of representation only. Those who have said that a republic is not a form of government calculated for countries of great extent, mistook, in the first place, the business of a government, for a form of government; for the res-publica equally appertains to every extent of territory and population. And, in the second place, if they meant anything with respect to form, it was the simple democratical form, such as was the mode of government in the ancient democracies, in which there was no representation. The case, therefore, is not, that a republic cannot be extensive, but that it cannot be extensive on the simple democratical form; and the question naturally presents itself, What is the best form of government for conducting the Res-Publica, or the Public Business of a nation, after it becomes too extensive and populous for the simple democratical form? It cannot be monarchy, because monarchy is subject to an objection of the same amount to which the simple democratical form was subject.
It is possible that an individual may lay down a system of principles, on which government shall be constitutionally established to any extent of territory. This is no more than an operation of the mind, acting by its own powers. But the practice upon those principles, as applying to the various and numerous circumstances of a nation, its agriculture, manufacture, trade, commerce, etc., etc., a knowledge of a different kind, and which can be had only from the various parts of society. It is an assemblage of practical knowledge, which no individual can possess; and therefore the monarchical form is as much limited, in useful practice, from the incompetency of knowledge, as was the democratical form, from the multiplicity of population. The one degenerates, by extension, into confusion; the other, into ignorance and incapacity, of which all the great monarchies are an evidence. The monarchical form, therefore, could not be a substitute for the democratical, because it has equal inconveniences.
Much less could it when made hereditary. This is the most effectual of all forms to preclude knowledge. Neither could the high democratical mind have voluntarily yielded itself to be governed by children and idiots, and all the motley insignificance of character, which attends such a mere animal system, the disgrace and the reproach of reason and of man.
As to the aristocratical form, it has the same vices and defects with the monarchical, except that the chance of abilities is better from the proportion of numbers, but there is still no security for the right use and application of them.*17
English
Experience in every age and country has shown that we cannot control how nature distributes intelligence. She gives it wherever she chooses. Whatever rule she seems to follow in distributing it among people remains a secret to us. Trying to make wisdom hereditary would be as ridiculous as trying to make beauty hereditary. Whatever wisdom is made of, it is like a plant without seeds. We can nurture it when it appears, but we cannot deliberately produce it. Society as a whole always has enough wisdom for every purpose, but its location among individuals keeps changing. It appears in one person today and another tomorrow. It has probably passed through every family on earth in turn and then moved on.
Since this is how nature works, government must follow the same pattern. Otherwise, as we have seen, it will sink into ignorance. The hereditary system is therefore as contrary to human wisdom as it is to human rights. It is as absurd as it is unjust.
The world of writing gives talented people everywhere a fair chance and so brings forward the best writing. In the same way, representative government brings together wisdom wherever it is found and can produce the wisest laws. I smile when I imagine how worthless literature and every science would become if they were hereditary. The same applies to government. A hereditary ruler makes as little sense as a hereditary author. I do not know whether Homer or Euclid had sons. But if they did and left their works unfinished, I doubt their sons could have completed them.
Do we need better proof that hereditary government is absurd than the descendants of people once famous in any walk of life? Is it not almost always the case that their descendants have the opposite character? It is as though intelligence flows as far as it can through certain channels, then leaves those channels and appears elsewhere. How unreasonable, then, to establish hereditary channels for power when wisdom refuses to flow through them! By maintaining this absurd system, people keep acting against their own judgment. They accept as king, chief official, or lawmaker someone they would not elect as a constable.
People generally think that revolutions create talent and genius. In fact, they only bring those qualities into view. People have a large store of good sense that lies dormant. Unless something stirs it into action, they will carry it unused to their graves. Society benefits when it uses all its abilities. So government should be organized to bring out, peacefully and regularly, the full range of abilities that always appears during revolutions.
This cannot happen in the dull conditions of hereditary government. That system not only blocks people's abilities but also numbs them. When a nation accepts a political superstition such as hereditary succession, people's minds lose much of their power to deal with every other matter. Hereditary succession demands the same obedience to an ignorant ruler as to a wise one. Once people can bring themselves to show such unthinking respect, their minds fall below adult maturity. They are fit to achieve great things only in trivial matters. Their minds betray themselves and smother the very feelings that would help them discover the deception.
The ancient governments give us a miserable picture of the human condition. But one stands apart from the others: the democracy of Athens. That remarkable people give us more to admire and less to condemn than anything else in history.
Mr. Burke knows so little about the principles on which governments are founded that he confuses democracy with representation. Ancient democracies had no representation. In them, the people as a whole met and made laws themselves, speaking, so to say, in the first person. Simple democracy was the ancient equivalent of a town meeting. The word describes both the structure of the government and its principle of serving the public. As their populations and territories grew, the simple democratic structure became too unwieldy to work. Because people did not yet know about representation, these democracies either broke down violently into monarchies or were swallowed by monarchies already in existence. If people had understood representation as we do now, there is no reason to think that governments now called monarchical or aristocratic would ever have arisen. As societies became too large and populous for simple democracy, they lacked a way to bring their parts together. That problem, along with the loose and isolated lives of shepherds and herders in other places, gave those unnatural forms of government a chance to begin.
We need to clear away the accumulated errors that cloud this subject. So I will address some more of them.
Courtiers and the governments around them have always found it politically useful to attack something they call republicanism. Yet they never try to explain what republicanism was or is. Let us look into it.
The only forms of government are democracy, aristocracy, monarchy, and what is now called representation.
A republic is not one particular form of government. The word describes the purpose, subject, or aim for which government should be established and which it should serve: res-publica, public affairs or the public good, literally the public thing. The word has a good origin and points to what government should be and do. In this sense it stands naturally against monarchy, a word with a bad original meaning. Monarchy means arbitrary power held by one person, who uses that power for himself rather than for the res-publica.
A government is not good unless it acts on the principle of a republic. In other words, the res-publica must be its one and only aim. Republican government simply means government set up and run for the benefit of the public, both as individuals and as a whole. It is not necessarily tied to any particular structure. But it fits most naturally with representative government, which is best suited to secure the purpose for which a nation pays to support government.
Various governments have chosen to call themselves republics. Poland calls itself a republic, though it is a hereditary aristocracy with what is called an elective monarchy. Holland calls itself a republic, though it is mostly aristocratic and has a hereditary Stadtholder. But America's government is based entirely on representation. It is the only real republic now in existence, both in its purpose and its actions. The business of the nation is its only concern, so it is rightly called a republic. Americans have made sure that their government will always have this purpose and no other: they rejected everything hereditary and based their governments on representation alone. Some say a republic cannot govern a very large country. First, they confuse the business of government with its structure. The res-publica applies equally to every size of territory and population. Second, if they meant a particular structure, they meant simple democracy, as practiced by ancient democracies without representation. The problem is not that a republic cannot cover a large area. The problem is that simple democracy cannot do so. This brings us to a natural question: once a nation becomes too large and populous for simple democracy, what form of government can best manage its res-publica, its public business? Monarchy cannot do so. It faces an objection as serious as the one that applies to simple democracy.
One person can perhaps devise a set of principles on which a constitutional government can be established across any size of territory. That requires only the exercise of one person's mind. But putting those principles into practice in the many different circumstances of a nation—its farming, manufacturing, trade, commerce, etc., etc.—requires another kind of knowledge. It can come only from the many parts of society. No individual can possess all this practical knowledge. So monarchy is as limited in what it can usefully do by a lack of knowledge as simple democracy is limited by a large population. As simple democracy expands, it sinks into confusion. Monarchy sinks into ignorance and inability, as every large monarchy shows. Monarchy therefore could not replace simple democracy; it has equally serious problems.
It would be even less capable of replacing it if made hereditary. Nothing shuts out knowledge more effectively. Nor would people with the independent spirit of a democracy have willingly submitted to rule by children, fools, and the whole assortment of incapable people that comes with a system based merely on family descent. Such a system disgraces human reason and humanity itself.
Aristocracy has the same vices and flaws as monarchy, except that a group has a better chance of containing capable people than a single family does. Even then, there is no guarantee that those abilities will be used well or for the right purposes.*17
Part II: Chapter III, 3
18th-century English
Referring them to the original simple democracy, it affords the true data from which government on a large scale can begin. It is incapable of extension, not from its principle, but from the inconvenience of its form; and monarchy and aristocracy, from their incapacity. Retaining, then, democracy as the ground, and rejecting the corrupt systems of monarchy and aristocracy, the representative system naturally presents itself; remedying at once the defects of the simple democracy as to form, and the incapacity of the other two with respect to knowledge.
Simple democracy was society governing itself without the aid of secondary means. By ingrafting representation upon democracy, we arrive at a system of government capable of embracing and confederating all the various interests and every extent of territory and population; and that also with advantages as much superior to hereditary government, as the republic of letters is to hereditary literature.
It is on this system that the American government is founded. It is representation ingrafted upon democracy. It has fixed the form by a scale parallel in all cases to the extent of the principle. What Athens was in miniature America will be in magnitude. The one was the wonder of the ancient world; the other is becoming the admiration of the present. It is the easiest of all the forms of government to be understood and the most eligible in practice; and excludes at once the ignorance and insecurity of the hereditary mode, and the inconvenience of the simple democracy.
It is impossible to conceive a system of government capable of acting over such an extent of territory, and such a circle of interests, as is immediately produced by the operation of representation. France, great and populous as it is, is but a spot in the capaciousness of the system. It is preferable to simple democracy even in small territories. Athens, by representation, would have outrivalled her own democracy.
That which is called government, or rather that which we ought to conceive government to be, is no more than some common center in which all the parts of society unite. This cannot be accomplished by any method so conducive to the various interests of the community, as by the representative system. It concentrates the knowledge necessary to the interest of the parts, and of the whole. It places government in a state of constant maturity. It is, as has already been observed, never young, never old. It is subject neither to nonage, nor dotage. It is never in the cradle, nor on crutches. It admits not of a separation between knowledge and power, and is superior, as government always ought to be, to all the accidents of individual man, and is therefore superior to what is called monarchy.
A nation is not a body, the figure of which is to be represented by the human body; but is like a body contained within a circle, having a common center, in which every radius meets; and that center is formed by representation. To connect representation with what is called monarchy, is eccentric government. Representation is of itself the delegated monarchy of a nation, and cannot debase itself by dividing it with another.
Mr. Burke has two or three times, in his parliamentary speeches, and in his publications, made use of a jingle of words that convey no ideas. Speaking of government, he says, "It is better to have monarchy for its basis, and republicanism for its corrective, than republicanism for its basis, and monarchy for its corrective."—If he means that it is better to correct folly with wisdom, than wisdom with folly, I will no otherwise contend with him, than that it would be much better to reject the folly entirely.
But what is this thing which Mr. Burke calls monarchy? Will he explain it? All men can understand what representation is; and that it must necessarily include a variety of knowledge and talents. But what security is there for the same qualities on the part of monarchy? or, when the monarchy is a child, where then is the wisdom? What does it know about government? Who then is the monarch, or where is the monarchy? If it is to be performed by regency, it proves to be a farce. A regency is a mock species of republic, and the whole of monarchy deserves no better description. It is a thing as various as imagination can paint. It has none of the stable character that government ought to possess. Every succession is a revolution, and every regency a counter-revolution. The whole of it is a scene of perpetual court cabal and intrigue, of which Mr. Burke is himself an instance. To render monarchy consistent with government, the next in succession should not be born a child, but a man at once, and that man a Solomon. It is ridiculous that nations are to wait and government be interrupted till boys grow to be men.
Whether I have too little sense to see, or too much to be imposed upon; whether I have too much or too little pride, or of anything else, I leave out of the question; but certain it is, that what is called monarchy, always appears to me a silly, contemptible thing. I compare it to something kept behind a curtain, about which there is a great deal of bustle and fuss, and a wonderful air of seeming solemnity; but when, by any accident, the curtain happens to be open—and the company see what it is, they burst into laughter.
In the representative system of government, nothing of this can happen. Like the nation itself, it possesses a perpetual stamina, as well of body as of mind, and presents itself on the open theatre of the world in a fair and manly manner. Whatever are its excellences or defects, they are visible to all. It exists not by fraud and mystery; it deals not in cant and sophistry; but inspires a language that, passing from heart to heart, is felt and understood.
We must shut our eyes against reason, we must basely degrade our understanding, not to see the folly of what is called monarchy. Nature is orderly in all her works; but this is a mode of government that counteracts nature. It turns the progress of the human faculties upside down. It subjects age to be governed by children, and wisdom by folly.
On the contrary, the representative system is always parallel with the order and immutable laws of nature, and meets the reason of man in every part. For example:
In the American Federal Government, more power is delegated to the President of the United States than to any other individual member of Congress. He cannot, therefore, be elected to this office under the age of thirty-five years. By this time the judgment of man becomes more matured, and he has lived long enough to be acquainted with men and things, and the country with him.—But on the monarchial plan (exclusive of the numerous chances there are against every man born into the world, of drawing a prize in the lottery of human faculties), the next in succession, whatever he may be, is put at the head of a nation, and of a government, at the age of eighteen years. Does this appear like an action of wisdom? Is it consistent with the proper dignity and the manly character of a nation? Where is the propriety of calling such a lad the father of the people?—In all other cases, a person is a minor until the age of twenty-one years. Before this period, he is not trusted with the management of an acre of land, or with the heritable property of a flock of sheep, or an herd of swine; but, wonderful to tell! he may, at the age of eighteen years, be trusted with a nation.
That monarchy is all a bubble, a mere court artifice to procure money, is evident (at least to me) in every character in which it can be viewed. It would be impossible, on the rational system of representative government, to make out a bill of expenses to such an enormous amount as this deception admits. Government is not of itself a very chargeable institution. The whole expense of the federal government of America, founded, as I have already said, on the system of representation, and extending over a country nearly ten times as large as England, is but six hundred thousand dollars, or one hundred and thirty-five thousand pounds sterling.
I presume that no man in his sober senses will compare the character of any of the kings of Europe with that of General Washington. Yet, in France, and also in England, the expense of the civil list only, for the support of one man, is eight times greater than the whole expense of the federal government in America. To assign a reason for this, appears almost impossible. The generality of people in America, especially the poor, are more able to pay taxes, than the generality of people either in France or England.
But the case is, that the representative system diffuses such a body of knowledge throughout a nation, on the subject of government, as to explode ignorance and preclude imposition. The craft of courts cannot be acted on that ground. There is no place for mystery; nowhere for it to begin. Those who are not in the representation, know as much of the nature of business as those who are. An affectation of mysterious importance would there be scouted. Nations can have no secrets; and the secrets of courts, like those of individuals, are always their defects.
In the representative system, the reason for everything must publicly appear. Every man is a proprietor in government, and considers it a necessary part of his business to understand. It concerns his interest, because it affects his property. He examines the cost, and compares it with the advantages; and above all, he does not adopt the slavish custom of following what in other governments are called Leaders.
It can only be by blinding the understanding of man, and making him believe that government is some wonderful mysterious thing, that excessive revenues are obtained. Monarchy is well calculated to ensure this end. It is the popery of government; a thing kept up to amuse the ignorant, and quiet them into taxes.
The government of a free country, properly speaking, is not in the persons, but in the laws. The enacting of those requires no great expense; and when they are administered, the whole of civil government is performed—the rest is all court contrivance.
English
If we go back to simple democracy, it gives us the right starting point for government on a large scale. It cannot expand because of problems with its structure, not its principle. Monarchy and aristocracy cannot do the job because they lack the ability. So we can keep democracy as the foundation and reject the corrupt systems of monarchy and aristocracy. Representative government then offers the natural solution. It fixes the structural problems of simple democracy while also fixing the other two systems' lack of knowledge.
Under simple democracy, society governed itself without any intermediate method. Add representation to democracy, and we have a system that can bring together and govern all kinds of interests, over any size of territory and population. It is as much better than hereditary government as a world in which people can write and publish freely is better than a world in which only authors' descendants can write.
This is the system on which the American government is founded: representation joined to democracy. Its structure can expand in every case to match the reach of its principle. America on a large scale will be what Athens was on a small scale. Athens was the wonder of the ancient world; America is becoming the marvel of the present one. This is the easiest form of government to understand and the best to use. It avoids both the ignorance and uncertainty of hereditary rule and the practical difficulties of simple democracy.
We could hardly imagine a government able to work across a territory and a range of interests as large as those that representation can cover. Even France, with its great size and population, is only a small point within the reach of this system. Representation is better than simple democracy even in a small territory. With representation, Athens would have surpassed its own democracy.
What we call government—or, rather, what we should understand government to be—is simply a shared center that brings all the parts of society together. No method serves the community's different interests as well as representation does. It brings together the knowledge needed to serve each part and the whole. It keeps government fully mature at all times. As I have said, it is never young or old. It cannot be either an immature child or a person who has lost the powers of age. It is never in a cradle or on crutches. It does not separate knowledge from power. It stands above the accidents that can affect individuals, as government always should. It is therefore better than what is called monarchy.
A nation is not a body shaped like a human being. Think of it instead as a body within a circle, with every line from its edge meeting at a shared center. Representation creates that center. Joining representation to what is called monarchy puts government off-center. Representation already puts the nation's authority in the hands of people to whom it has delegated that authority. It cannot lower itself by sharing that authority with another power.
In speeches to Parliament and in print, Mr. Burke has used a meaningless play on words several times. Speaking about government, he says, "It is better to have monarchy as its foundation and republicanism to correct it than to have republicanism as its foundation and monarchy to correct it." If he means that correcting foolishness with wisdom is better than correcting wisdom with foolishness, I will only reply that it would be far better to get rid of the foolishness altogether.
But what is this thing Mr. Burke calls monarchy? Will he explain it? Everyone can understand representation. We can also understand that it necessarily brings together different kinds of knowledge and talent. But what guarantees those qualities in a monarchy? When the monarch is a child, where is the wisdom? What does that child know about governing? Who then is the monarch, and where is the monarchy? If a regent must govern instead, monarchy is exposed as a farce. A regency is a false kind of republic, and the same description fits monarchy as a whole. It can take as many forms as the imagination can dream up. It has none of the stability government should have. Every succession changes the government, and every regency changes it back. The whole system is a constant scene of secret plots and scheming at court. Mr. Burke himself is an example. For monarchy to work as government, the next person in line would have to be born a grown man, and one as wise as Solomon. It is ridiculous for nations to wait and interrupt their government while boys grow into men.
Perhaps I have too little sense to see monarchy's value, or too much sense to be deceived. Perhaps I have too much pride or too little, or some other fault. I leave those questions aside. What is certain is that monarchy always looks foolish and contemptible to me. It is like something hidden behind a curtain, surrounded by a great commotion and a show of solemn importance. But if the curtain accidentally opens and everyone sees what is there, they burst out laughing.
Nothing like that can happen under representative government. Like the nation itself, it has lasting strength in both body and mind. It stands openly before the world, honestly and with the confidence of an adult. Everyone can see its strengths and weaknesses. It does not depend on fraud or secrecy. It does not rely on empty claims or misleading arguments. Instead, it encourages words that people feel and understand, words that speak directly from one person to another.
To miss the foolishness of monarchy, we must close our eyes to reason and degrade our own judgment. Nature follows an orderly pattern in everything she does, but this form of government works against nature. It reverses the growth of human abilities. It makes adults subject to children and wisdom subject to foolishness.
Representative government, by contrast, always follows nature's order and unchanging laws. It makes sense to people in every respect. Here is an example:
In the American federal government, the President of the United States receives more delegated power than any individual member of Congress. A person therefore cannot be elected president before the age of thirty-five years. By then a person's judgment is more mature. He has lived long enough to know people, public affairs, and the country; and the country has had time to know him. But under monarchy, the next person in line is put in charge of a nation and its government at the age of eighteen years, whatever he is like. This is in addition to the many chances against any person born in the world receiving the lucky share of human abilities. Does that look wise? Does it fit a nation's dignity and adult character? Why call such a boy the father of his people? In every other situation, a person is legally a minor until the age of twenty-one years. Before then, he cannot be trusted to manage an acre of land or to inherit a flock of sheep or a herd of pigs. Yet, astonishingly, at the age of eighteen years, he can be trusted with a nation.
To me, at least, every way of looking at monarchy shows that it is an illusion, a court trick for obtaining money. Under a rational representative system, it would be impossible to run up the enormous bill that this trick permits. Government itself need not cost very much. As I have said, America's federal government is based on representation and covers a country nearly ten times as large as England. Its total cost is only six hundred thousand dollars, or one hundred and thirty-five thousand pounds sterling.
I assume that no reasonable person would compare any European king favorably with General Washington. Yet the civil list—the money spent to support just one man—in France and also in England costs eight times as much as the entire federal government of America. It is almost impossible to explain why. People in America, especially poor people, can generally afford taxes better than people in either France or England.
The reason is that representative government spreads knowledge about government throughout a nation. That knowledge drives out ignorance and prevents people from being cheated. Court tricks cannot work in those conditions. There is no room for secrecy and nowhere for it to begin. People outside the representative body know as much about public business as those inside it. Anyone pretending to possess some mysterious importance would be laughed off. Nations cannot have secrets. The secrets kept by courts, like those kept by individuals, always hide their faults.
Under representative government, every decision needs a publicly stated reason. Each person has a stake in the government and considers understanding it part of his own business. It affects his interests because it affects his property. He looks at the cost and compares it with the benefits. Above all, he does not follow the submissive habit of obeying those called Leaders in other governments.
Governments can collect excessive revenue only by keeping people from understanding and persuading them that government is something mysterious and extraordinary. Monarchy is well suited to that purpose. It is the government equivalent of religious rule by the pope: it keeps ignorant people entertained and makes them accept taxes without protest.
Strictly speaking, a free country's government resides in its laws, not in the people holding office. Making those laws does not cost much. Once they are carried out, all the work of civil government is done. Everything else is a device of the court.
Part II: Chapter IV, 1
18th-century English
That men mean distinct and separate things when they speak of constitutions and of governments, is evident; or why are those terms distinctly and separately used? A constitution is not the act of a government, but of a people constituting a government; and government without a constitution, is power without a right.
All power exercised over a nation, must have some beginning. It must either be delegated or assumed. There are no other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.
In viewing this subject, the case and circumstances of America present themselves as in the beginning of a world; and our enquiry into the origin of government is shortened, by referring to the facts that have arisen in our own day. We have no occasion to roam for information into the obscure field of antiquity, nor hazard ourselves upon conjecture. We are brought at once to the point of seeing government begin, as if we had lived in the beginning of time. The real volume, not of history, but of facts, is directly before us, unmutilated by contrivance, or the errors of tradition.
I will here concisely state the commencement of the American constitutions; by which the difference between constitutions and governments will sufficiently appear.
It may not appear improper to remind the reader that the United States of America consist of thirteen separate states, each of which established a government for itself, after the declaration of independence, done the 4th of July, 1776. Each state acted independently of the rest, in forming its governments; but the same general principle pervades the whole. When the several state governments were formed, they proceeded to form the federal government, that acts over the whole in all matters which concern the interest of the whole, or which relate to the intercourse of the several states with each other, or with foreign nations. I will begin with giving an instance from one of the state governments (that of Pennsylvania) and then proceed to the federal government.
The state of Pennsylvania, though nearly of the same extent of territory as England, was then divided into only twelve counties. Each of those counties had elected a committee at the commencement of the dispute with the English government; and as the city of Philadelphia, which also had its committee, was the most central for intelligence, it became the center of communication to the several country committees. When it became necessary to proceed to the formation of a government, the committee of Philadelphia proposed a conference of all the committees, to be held in that city, and which met the latter end of July, 1776.
Though these committees had been duly elected by the people, they were not elected expressly for the purpose, nor invested with the authority of forming a constitution; and as they could not, consistently with the American idea of rights, assume such a power, they could only confer upon the matter, and put it into a train of operation. The conferees, therefore, did no more than state the case, and recommend to the several counties to elect six representatives for each county, to meet in convention at Philadelphia, with powers to form a constitution, and propose it for public consideration.
This convention, of which Benjamin Franklin was president, having met and deliberated, and agreed upon a constitution, they next ordered it to be published, not as a thing established, but for the consideration of the whole people, their approbation or rejection, and then adjourned to a stated time. When the time of adjournment was expired, the convention re-assembled; and as the general opinion of the people in approbation of it was then known, the constitution was signed, sealed, and proclaimed on the authority of the people and the original instrument deposited as a public record. The convention then appointed a day for the general election of the representatives who were to compose the government, and the time it should commence; and having done this they dissolved, and returned to their several homes and occupations.
In this constitution were laid down, first, a declaration of rights; then followed the form which the government should have, and the powers it should possess—the authority of the courts of judicature, and of juries—the manner in which elections should be conducted, and the proportion of representatives to the number of electors—the time which each succeeding assembly should continue, which was one year—the mode of levying, and of accounting for the expenditure, of public money—of appointing public officers, etc., etc., etc.
No article of this constitution could be altered or infringed at the discretion of the government that was to ensue. It was to that government a law. But as it would have been unwise to preclude the benefit of experience, and in order also to prevent the accumulation of errors, if any should be found, and to preserve an unison of government with the circumstances of the state at all times, the constitution provided that, at the expiration of every seven years, a convention should be elected, for the express purpose of revising the constitution, and making alterations, additions, or abolitions therein, if any such should be found necessary.
Here we see a regular process—a government issuing out of a constitution, formed by the people in their original character; and that constitution serving, not only as an authority, but as a law of control to the government. It was the political bible of the state. Scarcely a family was without it. Every member of the government had a copy; and nothing was more common, when any debate arose on the principle of a bill, or on the extent of any species of authority, than for the members to take the printed constitution out of their pocket, and read the chapter with which such matter in debate was connected.
Having thus given an instance from one of the states, I will show the proceedings by which the federal constitution of the United States arose and was formed.
Congress, at its two first meetings, in September 1774, and May 1775, was nothing more than a deputation from the legislatures of the several provinces, afterwards states; and had no other authority than what arose from common consent, and the necessity of its acting as a public body. In everything which related to the internal affairs of America, congress went no further than to issue recommendations to the several provincial assemblies, who at discretion adopted them or not. Nothing on the part of congress was compulsive; yet, in this situation, it was more faithfully and affectionately obeyed than was any government in Europe. This instance, like that of the national assembly in France, sufficiently shows, that the strength of government does not consist in any thing itself, but in the attachment of a nation, and the interest which a people feel in supporting it. When this is lost, government is but a child in power; and though, like the old government in France, it may harass individuals for a while, it but facilitates its own fall.
After the declaration of independence, it became consistent with the principle on which representative government is founded, that the authority of congress should be defined and established. Whether that authority should be more or less than congress then discretionarily exercised was not the question. It was merely the rectitude of the measure.
For this purpose, the act, called the act of confederation (which was a sort of imperfect federal constitution), was proposed, and, after long deliberation, was concluded in the year 1781. It was not the act of congress, because it is repugnant to the principles of representative government that a body should give power to itself. Congress first informed the several states, of the powers which it conceived were necessary to be invested in the union, to enable it to perform the duties and services required from it; and the states severally agreed with each other, and concentrated in congress those powers.
It may not be improper to observe that in both those instances (the one of Pennsylvania, and the other of the United States), there is no such thing as the idea of a compact between the people on one side, and the government on the other. The compact was that of the people with each other, to produce and constitute a government. To suppose that any government can be a party in a compact with the whole people, is to suppose it to have existence before it can have a right to exist. The only instance in which a compact can take place between the people and those who exercise the government, is, that the people shall pay them, while they choose to employ them.
Government is not a trade which any man, or any body of men, has a right to set up and exercise for his own emolument, but is altogether a trust, in right of those by whom that trust is delegated, and by whom it is always resumeable. It has of itself no rights; they are altogether duties.
Having thus given two instances of the original formation of a constitution, I will show the manner in which both have been changed since their first establishment.
The powers vested in the governments of the several states, by the state constitutions, were found, upon experience, to be too great; and those vested in the federal government, by the act of confederation, too little. The defect was not in the principle, but in the distribution of power.
Numerous publications, in pamphlets and in the newspapers, appeared, on the propriety and necessity of new modelling the federal government. After some time of public discussion, carried on through the channel of the press, and in conversations, the state of Virginia, experiencing some inconvenience with respect to commerce, proposed holding a continental conference; in consequence of which, a deputation from five or six state assemblies met at Annapolis, in Maryland, in 1786. This meeting, not conceiving itself sufficiently authorised to go into the business of a reform, did no more than state their general opinions of the propriety of the measure, and recommend that a convention of all the states should be held the year following.
The convention met at Philadelphia in May, 1787, of which General Washington was elected president. He was not at that time connected with any of the state governments, or with congress. He delivered up his commission when the war ended, and since then had lived a private citizen.
The convention went deeply into all the subjects; and having, after a variety of debate and investigation, agreed among themselves upon the several parts of a federal constitution, the next question was, the manner of giving it authority and practice.
For this purpose they did not, like a cabal of courtiers, send for a Dutch Stadtholder, or a German Elector; but they referred the whole matter to the sense and interest of the country.
They first directed that the proposed constitution should be published. Secondly, that each state should elect a convention, expressly for the purpose of taking it into consideration, and of ratifying or rejecting it; and that as soon as the approbation and ratification of any nine states should be given, that those states shall proceed to the election of their proportion of members to the new federal government; and that the operation of it should then begin, and the former federal government cease.
The several states proceeded accordingly to elect their conventions. Some of those conventions ratified the constitution by very large majorities, and two or three unanimously. In others there were much debate and division of opinion. In the Massachusetts convention, which met at Boston, the majority was not above nineteen or twenty, in about three hundred members; but such is the nature of representative government, that it quietly decides all matters by majority. After the debate in the Massachusetts convention was closed, and the vote taken, the objecting members rose and declared, "That though they had argued and voted against it, because certain parts appeared to them in a different light to what they appeared to other members; yet, as the vote had decided in favour of the constitution as proposed, they should give it the same practical support as if they had for it."
English
People clearly mean different things when they speak of constitutions and governments. Otherwise, why would they use two different words? A constitution is made not by a government but by a people who establish a government. A government without a constitution has power but no right to exercise it.
Every power exercised over a nation must have a beginning. It must either have been delegated or simply taken. There is no other source. Delegated power is a trust; power simply taken is usurpation. Time does not change the nature of either one.
America lets us examine this subject as though we were present at the beginning of a world. We can shorten our search for the origin of government by looking at events that have happened in our own time. We need not search for evidence in the obscure ancient past or risk relying on guesses. We can watch a government begin as though we had lived at the beginning of time. The actual record of events, rather than a history shaped by tricks or mistakes passed down over generations, lies open and complete before us.
I will give a brief account of how the American constitutions began. It will make the difference between constitutions and governments clear.
The reader may need a reminder that the United States of America consist of thirteen separate states. Each established its own government after the declaration of independence on the 4th of July, 1776. Each state acted independently of the others in forming its government, but the same general principle runs through all of them. Once the separate state governments existed, the states formed a federal government. That government handles matters concerning them all, including dealings among the states and with other nations. I will start with the government of one state, Pennsylvania, and then turn to the federal government.
At the time, Pennsylvania covered almost as much territory as England but had only twelve counties. Each county had elected a committee when the dispute with the English government began. Philadelphia had a committee too. Because the city was the most convenient place to receive information, it became the center for communications among the county committees. When it became necessary to form a government, Philadelphia's committee proposed a meeting of all the committees in the city. They met in the latter end of July, 1776.
The people had properly elected these committees. But they had not elected them specifically to make a constitution or given them that authority. Under the American understanding of rights, the committees could not simply claim such power. They could only discuss the matter and start the process. So the people at the meeting stated the situation and recommended that each county elect six representatives. Those representatives would meet at a convention in Philadelphia with authority to make a constitution and present it for the public to consider.
The convention met, with Benjamin Franklin as its president. After discussing the issues and agreeing on a constitution, its members ordered the text published. They did not announce it as a constitution already in force. They offered it to all the people to consider, approve, or reject. Then they put off further action until a set date. When they met again, they knew the people generally approved of it. They signed, sealed, and proclaimed the constitution on the people's authority and placed the original document in the public records. Next, they set a day for a general election of the representatives who would form the government, and a date for the government to begin. Having done that, they ended the convention and went home to their regular work.
The constitution began with a declaration of rights. It then set out the government's structure and powers, the authority of the courts and juries, the way elections would be held, and the number of representatives in relation to the number of voters. It said how long each assembly would serve—one year. It explained how public money would be raised and accounted for, how public officials would be appointed, etc., etc., etc.
The new government could not change or violate any article of this constitution as it pleased. The constitution was a law binding on it. But it would have been unwise to shut out what people could learn from experience. They also needed a way to keep errors from piling up and to keep the government suited to the state's changing circumstances. So the constitution required a convention to be elected every seven years specifically to review it. That convention could change it, add to it, or remove parts if necessary.
Here we see an orderly process. The government arose from a constitution made by the people acting in their own right. The constitution gave the government authority and also set legal limits on it. It was the state's political bible. Almost every family had a copy. Every member of the government had one. If a dispute arose about the principle of a proposed law or the extent of some power, members would commonly pull the printed constitution from their pockets and read the relevant passage.
Now that I have described how one state acted, I will show how the United States created its federal constitution.
At its first two meetings, in September 1774 and May 1775, Congress was simply a group of delegates from the legislatures of the various provinces, which later became states. Its only authority came from general consent and the need for it to act as a public body. In American domestic affairs, Congress did no more than make recommendations to the provincial assemblies. Each assembly could decide whether to adopt them. Congress could not force anyone to comply. Yet people obeyed it more loyally and willingly than they obeyed any government in Europe. This example, like that of the National Assembly in France, shows that government's strength does not lie in the government itself. It lies in the people's attachment to it and their desire to support it. When that attachment disappears, a government has no more strength than a child. It may harass individuals for a while, as France's old government did, but that only helps bring about its own fall.
After the declaration of independence, the principle of representative government called for Congress's authority to be defined and established. The question was not whether Congress should have more or less power than it was already exercising at its own discretion. The point was to do what was right.
To that end, an act called the act of confederation—a kind of incomplete federal constitution—was proposed. After long discussion, it was completed in the year 1781. Congress did not enact it itself. A body cannot give itself power without violating the principles of representative government. Congress first told each state what powers it thought the union needed to do the work required of it. The states then agreed with one another and gave those powers to Congress.
Notice that in both cases—Pennsylvania and the United States—there was no agreement between the people on one side and the government on the other. The people made an agreement among themselves to create and establish a government. To imagine that a government could make an agreement with the whole people is to imagine that it already exists before it has acquired the right to exist. The only agreement the people can make with those who carry out government is to pay them for as long as the people choose to employ them.
Government is not a business that any person or group has the right to set up and run for personal profit. It is entirely a trust, held by right of the people who give it and who can always take it back. Government has no rights of its own. It has duties.
Having described two original constitutions, I will explain how both have changed since they were first established.
Experience showed that the state constitutions gave their governments too much power, while the act of confederation gave the federal government too little. The principle was sound; the division of power was not.
Many pamphlets and newspaper articles argued that the federal government needed to be reorganized. The public discussed the question for some time, both in print and in conversation. Then Virginia, having run into some problems with trade, proposed a meeting of delegates from across the country. As a result, delegates from five or six state assemblies met in Annapolis, Maryland, in 1786. They did not think they had enough authority to carry out reforms. So they only stated their general view that reform was appropriate and recommended a convention of all the states the following year.
The convention met in Philadelphia in May, 1787, and elected General Washington president. At that time he held no position in a state government or in Congress. He had given up his military commission when the war ended and had since lived as a private citizen.
The convention examined every subject closely. After much debate and investigation, its members agreed on the different parts of a federal constitution. They then had to decide how it would receive authority and go into effect.
They did not act like a group of scheming courtiers and summon a Dutch Stadtholder or a German Elector. Instead, they let the people of the country judge what served their interests.
First, they directed that the proposed constitution be published. Second, they asked each state to elect a convention specifically to consider it and either ratify or reject it. Once any nine states approved and ratified it, those states would elect their shares of members to the new federal government. The new government would then begin work, and the former federal government would end.
The states elected their conventions accordingly. Some conventions ratified the constitution by very large majorities; two or three did so unanimously. Others had much debate and disagreement. At the Massachusetts convention in Boston, the majority was only nineteen or twenty out of about three hundred members. But representative government can settle questions peacefully by majority vote. After the Massachusetts debate ended and the vote was taken, members who had opposed ratification stood and said, "Although we argued and voted against it because we saw some parts differently from other members, the vote has approved the constitution as proposed. We will support it in practice just as we would if we had voted for it."
Part II: Chapter IV, 2
18th-century English
As soon as nine states had concurred (and the rest followed in the order their conventions were elected), the old fabric of the federal government was taken down, and the new one erected, of which General Washington is president.—In this place I cannot help remarking, that the character and services of this gentleman are sufficient to put all those men called kings to shame. While they are receiving from the sweat and labours of mankind, a prodigality of pay, to which neither their abilities nor their services can entitle them, he is rendering every service in his power, and refusing every pecuniary reward. He accepted no pay as commander-in-chief; he accepts none as president of the United States.
After the new federal constitution was established, the state of Pennsylvania, conceiving that some parts of its own constitution required to be altered, elected a convention for that purpose. The proposed alterations were published, and the people concurring therein, they were established.
In forming those constitutions, or in altering them, little or no inconvenience took place. The ordinary course of things was not interrupted, and the advantages have been much. It is always the interest of a far greater number of people in a nation to have things right, than to let them remain wrong; and when public matters are open to debate, and the public judgment free, it will not decide wrong, unless it decides too hastily.
In the two instances of changing the constitutions, the governments then in being were not actors either way. Government has no right to make itself a party in any debate respecting the principles or modes of forming, or of changing, constitutions. It is not for the benefit of those who exercise the powers of government that constitutions, and the governments issuing from them, are established. In all those matters the right of judging and acting are in those who pay, and not in those who receive.
A constitution is the property of a nation, and not of those who exercise the government. All the constitutions of America are declared to be established on the authority of the people. In France, the word nation is used instead of the people; but in both cases, a constitution is a thing antecedent to the government, and always distinct there from.
In England it is not difficult to perceive that everything has a constitution, except the nation. Every society and association that is established, first agreed upon a number of original articles, digested into form, which are its constitution. It then appointed its officers, whose powers and authorities are described in that constitution, and the government of that society then commenced. Those officers, by whatever name they are called, have no authority to add to, alter, or abridge the original articles. It is only to the constituting power that this right belongs.
From the want of understanding the difference between a constitution and a government, Dr. Johnson, and all writers of his description, have always bewildered themselves. They could not but perceive, that there must necessarily be a controlling power existing somewhere, and they placed this power in the discretion of the persons exercising the government, instead of placing it in a constitution formed by the nation. When it is in a constitution, it has the nation for its support, and the natural and the political controlling powers are together. The laws which are enacted by governments, control men only as individuals, but the nation, through its constitution, controls the whole government, and has a natural ability to do so. The final controlling power, therefore, and the original constituting power, are one and the same power.
Dr. Johnson could not have advanced such a position in any country where there was a constitution; and he is himself an evidence that no such thing as a constitution exists in England. But it may be put as a question, not improper to be investigated, that if a constitution does not exist, how came the idea of its existence so generally established?
In order to decide this question, it is necessary to consider a constitution in both its cases:—First, as creating a government and giving it powers. Secondly, as regulating and restraining the powers so given.
If we begin with William of Normandy, we find that the government of England was originally a tyranny, founded on an invasion and conquest of the country. This being admitted, it will then appear, that the exertion of the nation, at different periods, to abate that tyranny, and render it less intolerable, has been credited for a constitution.
Magna Charta, as it was called (it is now like an almanack of the same date), was no more than compelling the government to renounce a part of its assumptions. It did not create and give powers to government in a manner a constitution does; but was, as far as it went, of the nature of a re-conquest, and not a constitution; for could the nation have totally expelled the usurpation, as France has done its despotism, it would then have had a constitution to form.
The history of the Edwards and the Henries, and up to the commencement of the Stuarts, exhibits as many instances of tyranny as could be acted within the limits to which the nation had restricted it. The Stuarts endeavoured to pass those limits, and their fate is well known. In all those instances we see nothing of a constitution, but only of restrictions on assumed power.
After this, another William, descended from the same stock, and claiming from the same origin, gained possession; and of the two evils, James and William, the nation preferred what it thought the least; since, from circumstances, it must take one. The act, called the Bill of Rights, comes here into view. What is it, but a bargain, which the parts of the government made with each other to divide powers, profits, and privileges? You shall have so much, and I will have the rest; and with respect to the nation, it said, for your share, You shall have the right of petitioning. This being the case, the bill of rights is more properly a bill of wrongs, and of insult. As to what is called the convention parliament, it was a thing that made itself, and then made the authority by which it acted. A few persons got together, and called themselves by that name. Several of them had never been elected, and none of them for the purpose.
From the time of William a species of government arose, issuing out of this coalition bill of rights; and more so, since the corruption introduced at the Hanover succession by the agency of Walpole; that can be described by no other name than a despotic legislation. Though the parts may embarrass each other, the whole has no bounds; and the only right it acknowledges out of itself, is the right of petitioning. Where then is the constitution either that gives or restrains power?
It is not because a part of the government is elective, that makes it less a despotism, if the persons so elected possess afterwards, as a parliament, unlimited powers. Election, in this case, becomes separated from representation, and the candidates are candidates for despotism.
I cannot believe that any nation, reasoning on its own rights, would have thought of calling these things a constitution, if the cry of constitution had not been set up by the government. It has got into circulation like the words bore and quoz [quiz], by being chalked up in the speeches of parliament, as those words were on window shutters and doorposts; but whatever the constitution may be in other respects, it has undoubtedly been the most productive machine of taxation that was ever invented. The taxes in France, under the new constitution, are not quite thirteen shillings per head,*18 and the taxes in England, under what is called its present constitution, are forty-eight shillings and sixpence per head—men, women, and children—amounting to nearly seventeen millions sterling, besides the expense of collecting, which is upwards of a million more.
In a country like England, where the whole of the civil Government is executed by the people of every town and county, by means of parish officers, magistrates, quarterly sessions, juries, and assize; without any trouble to what is called the government or any other expense to the revenue than the salary of the judges, it is astonishing how such a mass of taxes can be employed. Not even the internal defence of the country is paid out of the revenue. On all occasions, whether real or contrived, recourse is continually had to new loans and new taxes. No wonder, then, that a machine of government so advantageous to the advocates of a court, should be so triumphantly extolled! No wonder, that St. James's or St. Stephen's should echo with the continual cry of constitution; no wonder, that the French revolution should be reprobated, and the res-publica treated with reproach! The red book of England, like the red book of France, will explain the reason.*19
I will now, by way of relaxation, turn a thought or two to Mr. Burke. I ask his pardon for neglecting him so long.
"America," says he (in his speech on the Canada Constitution bill), "never dreamed of such absurd doctrine as the Rights of Man."
Mr. Burke is such a bold presumer, and advances his assertions and his premises with such a deficiency of judgment, that, without troubling ourselves about principles of philosophy or politics, the mere logical conclusions they produce, are ridiculous. For instance,
If governments, as Mr. Burke asserts, are not founded on the Rights of Man, and are founded on any rights at all, they consequently must be founded on the right of something that is not man. What then is that something?
Generally speaking, we know of no other creatures that inhabit the earth than man and beast; and in all cases, where only two things offer themselves, and one must be admitted, a negation proved on any one, amounts to an affirmative on the other; and therefore, Mr. Burke, by proving against the Rights of Man, proves in behalf of the beast; and consequently, proves that government is a beast; and as difficult things sometimes explain each other, we now see the origin of keeping wild beasts in the Tower; for they certainly can be of no other use than to show the origin of the government. They are in the place of a constitution. O John Bull, what honours thou hast lost by not being a wild beast. Thou mightest, on Mr. Burke's system, have been in the Tower for life.
If Mr. Burke's arguments have not weight enough to keep one serious, the fault is less mine than his; and as I am willing to make an apology to the reader for the liberty I have taken, I hope Mr. Burke will also make his for giving the cause.
Having thus paid Mr. Burke the compliment of remembering him, I return to the subject.
From the want of a constitution in England to restrain and regulate the wild impulse of power, many of the laws are irrational and tyrannical, and the administration of them vague and problematical.
The attention of the government of England (for I rather choose to call it by this name than the English government) appears, since its political connection with Germany, to have been so completely engrossed and absorbed by foreign affairs, and the means of raising taxes, that it seems to exist for no other purposes. Domestic concerns are neglected; and with respect to regular law, there is scarcely such a thing.
Almost every case must now be determined by some precedent, be that precedent good or bad, or whether it properly applies or not; and the practice is become so general as to suggest a suspicion, that it proceeds from a deeper policy than at first sight appears.
Since the revolution of America, and more so since that of France, this preaching up the doctrines of precedents, drawn from times and circumstances antecedent to those events, has been the studied practice of the English government. The generality of those precedents are founded on principles and opinions, the reverse of what they ought; and the greater distance of time they are drawn from, the more they are to be suspected. But by associating those precedents with a superstitious reverence for ancient things, as monks show relics and call them holy, the generality of mankind are deceived into the design. Governments now act as if they were afraid to awaken a single reflection in man. They are softly leading him to the sepulchre of precedents, to deaden his faculties and call attention from the scene of revolutions. They feel that he is arriving at knowledge faster than they wish, and their policy of precedents is the barometer of their fears. This political popery, like the ecclesiastical popery of old, has had its day, and is hastening to its exit. The ragged relic and the antiquated precedent, the monk and the monarch, will moulder together.
English
As soon as nine states agreed, the old federal government was taken apart and the new one set up. The remaining states joined as their conventions were elected. General Washington is president of the new government. Here I must point out that this man's character and service put everyone called a king to shame. Kings receive extravagant pay from other people's work and sweat. Neither their ability nor their service earns it. Washington does all he can for the public and refuses any payment. He took no pay as commander-in-chief, and takes none as president of the United States.
After the new federal constitution was established, Pennsylvania decided that parts of its own constitution needed changing. The state elected a convention for that purpose. The proposed changes were published, the people agreed to them, and they took effect.
Creating these constitutions, or changing them, caused little or no trouble. Daily life went on as usual, and the benefits have been substantial. Far more people in any country have an interest in putting things right than in leaving them wrong. When public affairs can be debated openly and people are free to judge, they will not decide badly unless they decide too quickly.
In both cases where constitutions changed, the existing governments took no part on either side. A government has no right to take sides in a debate about the principles or methods of making or changing constitutions. Constitutions and the governments created under them exist for the public, not for those who wield government power. In these matters, the right to judge and act belongs to those who pay, not those who receive payment.
A constitution belongs to a country, not to its officials. Every American constitution says it was established by the authority of the people. In France, they say “the nation” rather than “the people.” In either case, the constitution comes before the government and is always separate from it.
In England, it is easy to see that everything has a constitution except the nation. Every established society or association first agrees on a set of founding rules and puts them into written form. These rules are its constitution. It then appoints officers and describes their powers in that constitution. Only then does the society's government begin. Whatever these officers are called, they have no authority to add to, change, or cut back the founding rules. Only the people who established them have that right.
Dr. Johnson and writers like him have always confused themselves because they do not understand the difference between a constitution and a government. They saw that some power must ultimately control the government. But they put that power in the hands of government officials, rather than in a constitution made by the nation. When the power rests in a constitution, the nation supports it. The natural power of the people and the political power to control government then work together. Laws passed by governments govern people as individuals. The nation, through its constitution, governs the entire government, and it naturally has the ability to do so. The ultimate power to control government and the original power to establish a constitution are therefore the same power.
Dr. Johnson could not have made that claim in a country with a constitution. His claim itself shows that England has none. But there is a question worth examining: if there is no constitution, how did the idea that one exists become so widely accepted?
To answer, we must look at both things a constitution does. First, it creates a government and gives it powers. Second, it regulates and limits those powers.
Start with William of Normandy. England's government began as a tyranny built on the invasion and conquest of the country. Once we admit that, we can see that the nation's later efforts to reduce that tyranny and make it more bearable have been mistaken for a constitution.
Magna Charta, as it was called, is now about as useful as an almanac of the same date. It merely forced the government to give up some powers it had claimed. It did not establish a government and grant it powers, as a constitution does. To the extent that it achieved anything, it was a partial reconquest, not a constitution. If the nation had thrown off the usurped power completely, as France has thrown off its despotism, it would then have had to make a constitution.
The history of the Edwards and the Henries, down to the start of the Stuart dynasty, shows every kind of tyranny possible within the limits the nation had imposed. The Stuarts tried to go past those limits, with well-known results. In all these cases, we see no constitution, only limits on power that rulers had assumed for themselves.
Then another William, descended from the same family and making the same kind of claim, took power. Faced with two evils, James and William, the nation chose the one it thought less harmful, because circumstances forced it to choose one. This brings us to the act called the Bill of Rights. What is it but an agreement among the branches of government to divide powers, profits, and privileges? One side says, “You take this much, and I will take the rest.” To the nation it says, “Your share is the right to petition.” That makes it a bill of wrongs and insults rather than rights. As for the so-called convention parliament, it assembled itself and then created the authority under which it acted. A few people gathered and gave themselves that name. Several had never been elected, and none had been elected for that purpose.
Since William's time, a kind of government has grown out of this Bill of Rights, a bargain among those in power. This has become especially true since Walpole introduced corruption at the Hanover succession. Its only proper name is despotic legislation. Its parts may get in one another's way, but together they face no limits. The only right outside itself that it recognizes is the right to petition. So where is the constitution that either grants or limits its power?
Electing part of a government does not make it less despotic if those elected then hold unlimited power as a parliament. In that case, an election stops being representation. The candidates are competing for despotic power.
I cannot believe that a nation thinking seriously about its rights would call these arrangements a constitution if the government had not kept repeating the word. “Constitution” spread like “bore” and “quoz [quiz]”: politicians wrote it into their speeches just as people chalked those words on window shutters and doorposts. Whatever else this constitution may be, it is certainly the most effective tax-raising machine ever invented. Under the new constitution, taxes in France are not quite thirteen shillings per person,*18 while taxes in England under its so-called present constitution are forty-eight shillings and sixpence per person. That includes men, women, and children. The total is nearly seventeen millions sterling, plus more than a million in collection costs.
In England, people in each town and county do all the work of civil government themselves. Parish officers, magistrates, quarterly sessions, juries, and assize courts do it. The so-called government has no trouble doing that work, and the judges' salaries are its only cost to public revenue. It is astonishing, then, that it can spend such an enormous amount of tax money. The revenue does not even pay for the country's internal defense. Whenever an occasion arises, real or invented, the government turns to new loans and new taxes. No wonder the supporters of the royal court praise a system so useful to them! No wonder St. James's and St. Stephen's constantly echo with cries of “constitution”! No wonder they condemn the French Revolution and speak badly of the republic! England's red book, like France's, will show why.*19
For a change of pace, I will give Mr. Burke a little attention. I apologize to him for neglecting him so long.
“America,” he says in his speech on the Canada Constitution bill, “never dreamed of such absurd doctrine as the Rights of Man.”
Mr. Burke makes bold assumptions and states his claims and premises with so little judgment that their logical consequences are ridiculous. We need not even debate political or philosophical principles to see it. For example:
If governments are not founded on the Rights of Man, as Mr. Burke says, but are founded on some rights, they must be founded on the rights of something other than man. What could that something be?
As far as we generally know, the earth's creatures are either human beings or beasts. If only two choices exist and we must choose one, ruling one out proves the other. So when Mr. Burke argues against the Rights of Man, he argues for the rights of beasts. It follows that government is a beast. Sometimes one puzzle explains another: now we know why wild beasts are kept in the Tower. Their only possible use must be to show where the government comes from. They stand in place of a constitution. O John Bull, think of the honors you lost by not being a wild beast! Under Mr. Burke's system, you could have spent your life in the Tower.
If Mr. Burke's arguments make it impossible to stay serious, that is more his fault than mine. I am willing to apologize to the reader for taking this liberty. I hope Mr. Burke will apologize for giving me cause.
Now that I have given Mr. Burke the courtesy of remembering him, I return to the subject.
Because England has no constitution to regulate and restrain power's wild impulses, many of its laws are unreasonable and tyrannical. The way those laws are administered is uncertain and confused.
Ever since its political connection with Germany, the government of England—I prefer that name to “English government”—seems to have devoted itself entirely to foreign affairs and finding ways to raise taxes. It seems to exist for nothing else. It neglects affairs at home, and regular law scarcely exists.
Almost every case must now be decided by some precedent. It does not matter whether that precedent is good or bad, or even whether it applies. The practice is so widespread that I suspect a deeper policy behind it than is obvious at first.
Since the American Revolution, and even more since the French Revolution, the government of England has deliberately promoted precedents from before those events. Most of those precedents rest on principles and opinions opposite to the ones they should follow. The older a precedent is, the more suspicious it should be. But governments combine these precedents with superstitious respect for anything old. Like monks showing people relics and calling them holy, they deceive most people about their purpose. Governments now act as though they fear even one independent thought. They gently lead people to the tomb of precedents to dull their minds and turn their attention away from the revolutions around them. They know people are gaining knowledge faster than they would like. Their policy of invoking precedent measures their fear. This political form of papal rule, like the old religious one, has had its time and is on its way out. The worn-out relic and the outdated precedent, the monk and the monarch, will crumble together.
Part II: Chapter IV, 3
18th-century English
Government by precedent, without any regard to the principle of the precedent, is one of the vilest systems that can be set up. In numerous instances, the precedent ought to operate as a warning, and not as an example, and requires to be shunned instead of imitated; but instead of this, precedents are taken in the lump, and put at once for constitution and for law.
Either the doctrine of precedents is policy to keep a man in a state of ignorance, or it is a practical confession that wisdom degenerates in governments as governments increase in age, and can only hobble along by the stilts and crutches of precedents. How is it that the same persons who would proudly be thought wiser than their predecessors, appear at the same time only as the ghosts of departed wisdom? How strangely is antiquity treated! To some purposes it is spoken of as the times of darkness and ignorance, and to answer others, it is put for the light of the world.
If the doctrine of precedents is to be followed, the expenses of government need not continue the same. Why pay men extravagantly, who have but little to do? If everything that can happen is already in precedent, legislation is at an end, and precedent, like a dictionary, determines every case. Either, therefore, government has arrived at its dotage, and requires to be renovated, or all the occasions for exercising its wisdom have occurred.
We now see all over Europe, and particularly in England, the curious phenomenon of a nation looking one way, and the government the other—the one forward and the other backward. If governments are to go on by precedent, while nations go on by improvement, they must at last come to a final separation; and the sooner, and the more civilly they determine this point, the better.*20
Having thus spoken of constitutions generally, as things distinct from actual governments, let us proceed to consider the parts of which a constitution is composed.
Opinions differ more on this subject than with respect to the whole. That a nation ought to have a constitution, as a rule for the conduct of its government, is a simple question in which all men, not directly courtiers, will agree. It is only on the component parts that questions and opinions multiply.
But this difficulty, like every other, will diminish when put into a train of being rightly understood.
The first thing is, that a nation has a right to establish a constitution.
Whether it exercises this right in the most judicious manner at first is quite another case. It exercises it agreeably to the judgment it possesses; and by continuing to do so, all errors will at last be exploded.
When this right is established in a nation, there is no fear that it will be employed to its own injury. A nation can have no interest in being wrong.
Though all the constitutions of America are on one general principle, yet no two of them are exactly alike in their component parts, or in the distribution of the powers which they give to the actual governments. Some are more, and others less complex.
In forming a constitution, it is first necessary to consider what are the ends for which government is necessary? Secondly, what are the best means, and the least expensive, for accomplishing those ends?
Government is nothing more than a national association; and the object of this association is the good of all, as well individually as collectively. Every man wishes to pursue his occupation, and to enjoy the fruits of his labours and the produce of his property in peace and safety, and with the least possible expense. When these things are accomplished, all the objects for which government ought to be established are answered.
It has been customary to consider government under three distinct general heads. The legislative, the executive, and the judicial.
But if we permit our judgment to act unincumbered by the habit of multiplied terms, we can perceive no more than two divisions of power, of which civil government is composed, namely, that of legislating or enacting laws, and that of executing or administering them. Everything, therefore, appertaining to civil government, classes itself under one or other of these two divisions.
So far as regards the execution of the laws, that which is called the judicial power, is strictly and properly the executive power of every country. It is that power to which every individual has appeal, and which causes the laws to be executed; neither have we any other clear idea with respect to the official execution of the laws. In England, and also in America and France, this power begins with the magistrate, and proceeds up through all the courts of judicature.
I leave to courtiers to explain what is meant by calling monarchy the executive power. It is merely a name in which acts of government are done; and any other, or none at all, would answer the same purpose. Laws have neither more nor less authority on this account. It must be from the justness of their principles, and the interest which a nation feels therein, that they derive support; if they require any other than this, it is a sign that something in the system of government is imperfect. Laws difficult to be executed cannot be generally good.
With respect to the organization of the legislative power, different modes have been adopted in different countries. In America it is generally composed of two houses. In France it consists but of one, but in both countries, it is wholly by representation.
The case is, that mankind (from the long tyranny of assumed power) have had so few opportunities of making the necessary trials on modes and principles of government, in order to discover the best, that government is but now beginning to be known, and experience is yet wanting to determine many particulars.
The objections against two houses are, first, that there is an inconsistency in any part of a whole legislature, coming to a final determination by vote on any matter, whilst that matter, with respect to that whole, is yet only in a train of deliberation, and consequently open to new illustrations.
Secondly, That by taking the vote on each, as a separate body, it always admits of the possibility, and is often the case in practice, that the minority governs the majority, and that, in some instances, to a degree of great inconsistency.
Thirdly, That two houses arbitrarily checking or controlling each other is inconsistent; because it cannot be proved on the principles of just representation, that either should be wiser or better than the other. They may check in the wrong as well as in the right therefore to give the power where we cannot give the wisdom to use it, nor be assured of its being rightly used, renders the hazard at least equal to the precaution.*21
The objection against a single house is, that it is always in a condition of committing itself too soon.—But it should at the same time be remembered, that when there is a constitution which defines the power, and establishes the principles within which a legislature shall act, there is already a more effectual check provided, and more powerfully operating, than any other check can be. For example,
Were a Bill to be brought into any of the American legislatures similar to that which was passed into an act by the English parliament, at the commencement of George the First, to extend the duration of the assemblies to a longer period than they now sit, the check is in the constitution, which in effect says, Thus far shalt thou go and no further.
But in order to remove the objection against a single house (that of acting with too quick an impulse), and at the same time to avoid the inconsistencies, in some cases absurdities, arising from two houses, the following method has been proposed as an improvement upon both.
First, To have but one representation.
Secondly, To divide that representation, by lot, into two or three parts.
Thirdly, That every proposed bill shall be first debated in those parts by succession, that they may become the hearers of each other, but without taking any vote. After which the whole representation to assemble for a general debate and determination by vote.
To this proposed improvement has been added another, for the purpose of keeping the representation in the state of constant renovation; which is, that one-third of the representation of each county, shall go out at the expiration of one year, and the number be replaced by new elections. Another third at the expiration of the second year replaced in like manner, and every third year to be a general election.*22
But in whatever manner the separate parts of a constitution may be arranged, there is one general principle that distinguishes freedom from slavery, which is, that all hereditary government over a people is to them a species of slavery, and representative government is freedom.
Considering government in the only light in which it should be considered, that of a National Association, it ought to be so constructed as not to be disordered by any accident happening among the parts; and, therefore, no extraordinary power, capable of producing such an effect, should be lodged in the hands of any individual. The death, sickness, absence or defection, of any one individual in a government, ought to be a matter of no more consequence, with respect to the nation, than if the same circumstance had taken place in a member of the English Parliament, or the French National Assembly.
Scarcely anything presents a more degrading character of national greatness, than its being thrown into confusion, by anything happening to or acted by any individual; and the ridiculousness of the scene is often increased by the natural insignificance of the person by whom it is occasioned. Were a government so constructed, that it could not go on unless a goose or a gander were present in the senate, the difficulties would be just as great and as real, on the flight or sickness of the goose, or the gander, as if it were called a King. We laugh at individuals for the silly difficulties they make to themselves, without perceiving that the greatest of all ridiculous things are acted in governments.*23
All the constitutions of America are on a plan that excludes the childish embarrassments which occur in monarchical countries. No suspension of government can there take place for a moment, from any circumstances whatever. The system of representation provides for everything, and is the only system in which nations and governments can always appear in their proper character.
As extraordinary power ought not to be lodged in the hands of any individual, so ought there to be no appropriations of public money to any person, beyond what his services in a state may be worth. It signifies not whether a man be called a president, a king, an emperor, a senator, or by any other name which propriety or folly may devise or arrogance assume; it is only a certain service he can perform in the state; and the service of any such individual in the routine of office, whether such office be called monarchical, presidential, senatorial, or by any other name or title, can never exceed the value of ten thousand pounds a year. All the great services that are done in the world are performed by volunteer characters, who accept nothing for them; but the routine of office is always regulated to such a general standard of abilities as to be within the compass of numbers in every country to perform, and therefore cannot merit very extraordinary recompense. Government, says Swift, is a Plain thing, and fitted to the capacity of many heads.
It is inhuman to talk of a million sterling a year, paid out of the public taxes of any country, for the support of any individual, whilst thousands who are forced to contribute thereto, are pining with want, and struggling with misery. Government does not consist in a contrast between prisons and palaces, between poverty and pomp; it is not instituted to rob the needy of his mite, and increase the wretchedness of the wretched.—But on this part of the subject I shall speak hereafter, and confine myself at present to political observations.
English
Governing by precedent without considering the principle behind it is one of the worst systems possible. In many cases a precedent should be a warning, not an example. We should avoid it rather than copy it. Instead, precedents are accepted in a heap and made to stand for both constitution and law.
Either the doctrine of precedent is a policy for keeping people ignorant, or it admits that governments grow less wise as they grow older and can only limp along on the crutches of precedent. How can people who proudly claim to be wiser than their predecessors act like mere ghosts of wisdom that has died? They treat the past in strangely opposite ways. For one purpose, they call it an age of darkness and ignorance. For another, they present it as the world's guiding light.
If we follow precedent, the costs of government need not stay as they are. Why pay enormous salaries to people with so little to do? If precedent already covers everything that can happen, there is no more need to make laws. Precedent, like a dictionary, can settle every case. Either the government has grown senile and needs rebuilding, or every situation calling for its wisdom has already occurred.
Across Europe, and especially in England, we now see the strange sight of a nation looking one way and its government looking the other. The people look forward; the government looks backward. If governments follow precedent while nations make progress, they will eventually separate completely. The sooner they settle this question, and the more peacefully they do so, the better.*20
I have discussed constitutions in general as something separate from the governments now in office. Let us next consider their parts.
People disagree more about those parts than about constitutions as a whole. Everyone who is not directly serving a royal court will agree that a nation should have a constitution to set the rules for its government. Disputes multiply only when we discuss what it should contain.
But this difficulty, like any other, will shrink once we understand the question properly.
The first point is that a nation has the right to establish a constitution.
Whether it uses that right wisely at first is a different question. It acts according to the judgment it has. As it continues to exercise the right, it will eventually correct its mistakes.
Once a nation has this right, we need not fear that it will use the right to harm itself. A nation has no interest in being wrong.
All the American constitutions follow the same general principle. But no two have exactly the same parts or give exactly the same powers to their governments. Some are more complicated than others.
When making a constitution, we must ask two questions. First, what purposes require a government? Second, what are the best and least costly ways to achieve those purposes?
A government is simply an association of the whole nation. Its purpose is the good of everyone, both as individuals and together. Everyone wants to carry on their work and enjoy what their labor and property produce, in peace and safety, at the lowest possible cost. When that is achieved, government has fulfilled every purpose for which it should exist.
It is customary to divide government into three broad branches: legislative, executive, and judicial.
But if we put aside our habit of using too many terms, we can see only two kinds of power in civil government. One is making laws. The other is carrying them out. Everything in civil government belongs to one of these two kinds.
When it comes to carrying out laws, the so-called judicial power is, strictly speaking, the executive power of every country. Individuals can appeal to it, and it makes sure the laws are carried out. We have no other clear idea of what it means for officials to execute laws. In England, America, and France, this power begins with magistrates and runs through all the courts.
I leave it to courtiers to explain why they call monarchy the executive power. The monarch is merely a name under which government actions are taken. Another name, or none, would serve just as well. The laws gain no more or less authority from it. They must draw their support from fair principles and the nation's interest in them. If laws need some other kind of support, there is a flaw in the system of government. Laws that are hard to enforce generally cannot be good laws.
Different countries arrange their lawmaking power differently. In America it generally has two houses. In France it has only one. In both countries, however, its members are all representatives.
The trouble is that long-standing tyranny by people who seized power has given humanity few chances to test ways of governing and find the best principles and methods. We are only beginning to understand government. We still lack the experience to settle many details.
The first objection to two houses is this: one part of a legislature votes and makes a final decision on a question while the full legislature is still debating it. New arguments may yet change how the whole legislature understands the question.
The second objection is that separate votes in each house make it possible for a minority to rule a majority. This often happens in practice, sometimes with highly contradictory results.
Third, it makes no sense for two houses to check or control each other at will. Fair representation gives us no reason to think either house will be wiser or better than the other. One can block what is right as easily as what is wrong. Giving a house that power without giving it the wisdom to use the power, or any assurance it will use the power rightly, makes the danger at least as great as the protection.*21
The objection to a single house is that it may act too quickly. But remember that a constitution defines a legislature's powers and the principles it must follow. That constitution already provides a stronger and more effective check than any other. For example:
Suppose someone introduced a bill into an American legislature like the one the English Parliament passed into law at the beginning of George the First's reign. That law extended the time assemblies could remain in office beyond their previous term. In America the constitution would stop such a bill. In effect, it would say, “You may go this far and no further.”
Still, a single house could act too hastily. To address that objection while avoiding the inconsistencies, and sometimes absurd results, of two houses, the following improvement has been proposed.
First, have only one elected body of representatives.
Second, divide that body by lot into two or three groups.
Third, let each group debate every proposed bill in turn and listen to the others, without voting. Then bring the entire body together for a general debate and a final vote.
A further improvement has been proposed to keep the body of representatives constantly refreshed. One-third of each county's representatives would leave after one year, and elections would replace them. Another third would leave and be replaced after the second year. Every third year there would be a general election.*22
However a constitution arranges its parts, one general principle separates freedom from slavery. Any government inherited by rulers over a people is a kind of slavery for that people. Representative government is freedom.
Government should be seen as an association of the nation, and nothing else. It should therefore be built to keep working if anything happens to one of its parts. No individual should have extraordinary power that would let such an event disrupt it. For the nation, the death, illness, absence, or desertion of any government official should matter no more than if the same thing happened to a member of the English Parliament or the French National Assembly.
Few things make a great nation look more degraded than being thrown into confusion by something that one person does or that happens to that person. The scene is even more ridiculous when that person is insignificant. Imagine a government unable to function unless a goose or gander was present in the senate. If it flew away or got sick, the problem would be just as real and serious as if it had been called a King. We laugh at people who create foolish problems for themselves, without seeing that governments do even more ridiculous things.*23
The American constitutions are designed to prevent the childish disruptions common in monarchies. No event of any kind can stop their governments from functioning, even for a moment. Representation makes provision for everything. It is the only system in which nations and governments can always act as they should.
Just as no individual should hold extraordinary power, no one should receive more public money than their service to the state is worth. A person may be called president, king, emperor, senator, or any other title invented sensibly, foolishly, or arrogantly. That person can still provide only a certain amount of service. Ordinary work in any such office, whether called monarchical, presidential, senatorial, or something else, can never be worth more than ten thousand pounds a year. The world's great services are performed by volunteers who take nothing for them. Ordinary official work, however, is set at a level of ability that many people in every country possess. It therefore cannot deserve an extraordinary reward. As Swift says, government is a plain thing, within the ability of many people.
It is inhuman to speak of paying one person a million sterling a year from a country's taxes while thousands who must help pay it are going hungry and struggling in misery. Government does not mean setting prisons against palaces, or poverty against luxury. It is not created to take a poor person's last coin and make the miserable more miserable. I will return to this issue later. For now I will stick to political observations.
Part II: Chapter IV, 4
18th-century English
When extraordinary power and extraordinary pay are allotted to any individual in a government, he becomes the center, round which every kind of corruption generates and forms. Give to any man a million a year, and add thereto the power of creating and disposing of places, at the expense of a country, and the liberties of that country are no longer secure. What is called the splendour of a throne is no other than the corruption of the state. It is made up of a band of parasites, living in luxurious indolence, out of the public taxes.
When once such a vicious system is established it becomes the guard and protection of all inferior abuses. The man who is in the receipt of a million a year is the last person to promote a spirit of reform, lest, in the event, it should reach to himself. It is always his interest to defend inferior abuses, as so many outworks to protect the citadel; and on this species of political fortification, all the parts have such a common dependence that it is never to be expected they will attack each other.*24
Monarchy would not have continued so many ages in the world, had it not been for the abuses it protects. It is the master-fraud, which shelters all others. By admitting a participation of the spoil, it makes itself friends; and when it ceases to do this it will cease to be the idol of courtiers.
As the principle on which constitutions are now formed rejects all hereditary pretensions to government, it also rejects all that catalogue of assumptions known by the name of prerogatives.
If there is any government where prerogatives might with apparent safety be entrusted to any individual, it is in the federal government of America. The president of the United States of America is elected only for four years. He is not only responsible in the general sense of the word, but a particular mode is laid down in the constitution for trying him. He cannot be elected under thirty-five years of age; and he must be a native of the country.
In a comparison of these cases with the Government of England, the difference when applied to the latter amounts to an absurdity. In England the person who exercises prerogative is often a foreigner; always half a foreigner, and always married to a foreigner. He is never in full natural or political connection with the country, is not responsible for anything, and becomes of age at eighteen years; yet such a person is permitted to form foreign alliances, without even the knowledge of the nation, and to make war and peace without its consent.
But this is not all. Though such a person cannot dispose of the government in the manner of a testator, he dictates the marriage connections, which, in effect, accomplish a great part of the same end. He cannot directly bequeath half the government to Prussia, but he can form a marriage partnership that will produce almost the same thing. Under such circumstances, it is happy for England that she is not situated on the Continent, or she might, like Holland, fall under the dictatorship of Prussia. Holland, by marriage, is as effectually governed by Prussia, as if the old tyranny of bequeathing the government had been the means.
The presidency in America (or, as it is sometimes called, the executive) is the only office from which a foreigner is excluded, and in England it is the only one to which he is admitted. A foreigner cannot be a member of Parliament, but he may be what is called a king. If there is any reason for excluding foreigners, it ought to be from those offices where mischief can most be acted, and where, by uniting every bias of interest and attachment, the trust is best secured. But as nations proceed in the great business of forming constitutions, they will examine with more precision into the nature and business of that department which is called the executive. What the legislative and judicial departments are every one can see; but with respect to what, in Europe, is called the executive, as distinct from those two, it is either a political superfluity or a chaos of unknown things.
Some kind of official department, to which reports shall be made from the different parts of a nation, or from abroad, to be laid before the national representatives, is all that is necessary; but there is no consistency in calling this the executive; neither can it be considered in any other light than as inferior to the legislative. The sovereign authority in any country is the power of making laws, and everything else is an official department.
Next to the arrangement of the principles and the organization of the several parts of a constitution, is the provision to be made for the support of the persons to whom the nation shall confide the administration of the constitutional powers.
A nation can have no right to the time and services of any person at his own expense, whom it may choose to employ or entrust in any department whatever; neither can any reason be given for making provision for the support of any one part of a government and not for the other.
But admitting that the honour of being entrusted with any part of a government is to be considered a sufficient reward, it ought to be so to every person alike. If the members of the legislature of any country are to serve at their own expense that which is called the executive, whether monarchical or by any other name, ought to serve in like manner. It is inconsistent to pay the one, and accept the service of the other gratis.
In America, every department in the government is decently provided for; but no one is extravagantly paid. Every member of Congress, and of the Assemblies, is allowed a sufficiency for his expenses. Whereas in England, a most prodigal provision is made for the support of one part of the Government, and none for the other, the consequence of which is that the one is furnished with the means of corruption and the other is put into the condition of being corrupted. Less than a fourth part of such expense, applied as it is in America, would remedy a great part of the corruption.
Another reform in the American constitution is the exploding all oaths of personality. The oath of allegiance in America is to the nation only. The putting any individual as a figure for a nation is improper. The happiness of a nation is the superior object, and therefore the intention of an oath of allegiance ought not to be obscured by being figuratively taken, to, or in the name of, any person. The oath, called the civic oath, in France, viz., "the nation, the law, and the king," is improper. If taken at all, it ought to be as in America, to the nation only. The law may or may not be good; but, in this place, it can have no other meaning, than as being conducive to the happiness of a nation, and therefore is included in it. The remainder of the oath is improper, on the ground, that all personal oaths ought to be abolished. They are the remains of tyranny on one part and slavery on the other; and the name of the Creator ought not to be introduced to witness the degradation of his creation; or if taken, as is already mentioned, as figurative of the nation, it is in this place redundant. But whatever apology may be made for oaths at the first establishment of a government, they ought not to be permitted afterwards. If a government requires the support of oaths, it is a sign that it is not worth supporting, and ought not to be supported. Make government what it ought to be, and it will support itself.
To conclude this part of the subject:—One of the greatest improvements that have been made for the perpetual security and progress of constitutional liberty, is the provision which the new constitutions make for occasionally revising, altering, and amending them.
The principle upon which Mr. Burke formed his political creed, that of "binding and controlling posterity to the end of time, and of renouncing and abdicating the rights of all posterity, for ever," is now become too detestable to be made a subject of debate; and therefore, I pass it over with no other notice than exposing it.
Government is but now beginning to be known. Hitherto it has been the mere exercise of power, which forbade all effectual enquiry into rights, and grounded itself wholly on possession. While the enemy of liberty was its judge, the progress of its principles must have been small indeed.
The constitutions of America, and also that of France, have either affixed a period for their revision, or laid down the mode by which improvement shall be made. It is perhaps impossible to establish anything that combines principles with opinions and practice, which the progress of circumstances, through a length of years, will not in some measure derange, or render inconsistent; and, therefore, to prevent inconveniences accumulating, till they discourage reformations or provoke revolutions, it is best to provide the means of regulating them as they occur. The Rights of Man are the rights of all generations of men, and cannot be monopolised by any. That which is worth following, will be followed for the sake of its worth, and it is in this that its security lies, and not in any conditions with which it may be encumbered. When a man leaves property to his heirs, he does not connect it with an obligation that they shall accept it. Why, then, should we do otherwise with respect to constitutions? The best constitution that could now be devised, consistent with the condition of the present moment, may be far short of that excellence which a few years may afford. There is a morning of reason rising upon man on the subject of government, that has not appeared before. As the barbarism of the present old governments expires, the moral conditions of nations with respect to each other will be changed. Man will not be brought up with the savage idea of considering his species as his enemy, because the accident of birth gave the individuals existence in countries distinguished by different names; and as constitutions have always some relation to external as well as to domestic circumstances, the means of benefitting by every change, foreign or domestic, should be a part of every constitution. We already see an alteration in the national disposition of England and France towards each other, which, when we look back to only a few years, is itself a Revolution. Who could have foreseen, or who could have believed, that a French National Assembly would ever have been a popular toast in England, or that a friendly alliance of the two nations should become the wish of either? It shows that man, were he not corrupted by governments, is naturally the friend of man, and that human nature is not of itself vicious. That spirit of jealousy and ferocity, which the governments of the two countries inspired, and which they rendered subservient to the purpose of taxation, is now yielding to the dictates of reason, interest, and humanity. The trade of courts is beginning to be understood, and the affectation of mystery, with all the artificial sorcery by which they imposed upon mankind, is on the decline. It has received its death-wound; and though it may linger, it will expire. Government ought to be as much open to improvement as anything which appertains to man, instead of which it has been monopolised from age to age, by the most ignorant and vicious of the human race. Need we any other proof of their wretched management, than the excess of debts and taxes with which every nation groans, and the quarrels into which they have precipitated the world? Just emerging from such a barbarous condition, it is too soon to determine to what extent of improvement government may yet be carried. For what we can foresee, all Europe may form but one great Republic, and man be free of the whole.
English
When one person in a government gets extraordinary power and pay, that person becomes the center around which every kind of corruption grows. Give someone a million a year and the power to create and hand out government jobs at the country's expense, and the country's freedom is no longer safe. What people call the splendor of a throne is really the corruption of the state. It consists of a group of hangers-on who live in lazy luxury on public taxes.
Once this bad system takes hold, it protects every lesser abuse. A person receiving a million a year will be the last to encourage reform, for fear reform might eventually reach him. He benefits from defending lesser abuses. They are outer defenses protecting his own position, like fortifications around a stronghold. All parts of this political defense depend so much on each other that we should never expect them to attack one another.*24
Monarchy would not have lasted so many centuries if it did not protect abuses. It is the chief fraud, sheltering all the others. It makes friends by letting them share what it takes. When it stops doing that, courtiers will stop worshipping it.
The principle behind modern constitutions rejects every hereditary claim to govern. It also rejects the whole list of claimed special powers known as prerogatives.
If any government could safely give such special powers to one person, it would appear to be America's federal government. The president of the United States of America is elected for only four years. He is answerable for his actions, and the constitution even lays out a specific way to put him on trial. He cannot be elected before he is thirty-five years old, and he must be a native of the country.
Compare these conditions with the government of England, and the difference makes the English case absurd. In England the person using these special powers is often a foreigner, is always half a foreigner, and is always married to a foreigner. He never has a full natural or political connection with the country. He is accountable for nothing and comes of age at eighteen years. Yet he may make foreign alliances without even telling the nation, and may make war and peace without its consent.
There is more. He cannot leave the government to someone in his will, but he decides marriage arrangements that achieve much the same result. He cannot directly leave half the government to Prussia, but a marriage alliance can have almost the same effect. England is fortunate under these conditions not to be on the Continent. Otherwise it might come under Prussia's control, as Holland has. Marriage has placed Holland under Prussia's rule just as effectively as the old practice of leaving a government to someone in a will would have done.
In America the presidency, sometimes called the executive, is the only office closed to foreigners. In England the comparable office is the only one open to them. A foreigner cannot sit in Parliament but can become what is called a king. If there is a reason to keep foreigners out of office, it applies most strongly to offices where they can do the most harm. Those are also the offices where loyalty is best protected when a person's interests and personal ties all point to the nation. As nations continue the important work of making constitutions, they will look more closely at the nature and duties of the branch called the executive. Anyone can see what the legislative and judicial branches do. But Europe's so-called executive, apart from those two, is either an unnecessary political addition or a jumble of duties no one has defined.
All that is needed is an official department to receive reports from different parts of the country and from abroad and present them to the nation's representatives. It makes no sense to call that department the executive. It can only be subordinate to the legislature. In any country, the highest authority is the power to make laws. Everything else is an administrative office.
Once a constitution's principles and branches are arranged, the next task is to provide support for the people whom the nation entrusts with carrying out its constitutional powers.
A nation has no right to demand anyone's time and service at that person's expense, no matter which office it chooses the person to fill. Nor is there a reason to pay the people in one branch of government but not another.
Suppose the honor of holding a government office is considered enough reward by itself. Then it should be enough for everyone alike. If legislators must pay their own expenses, the so-called executive must do the same, whether it is a monarch or has some other name. It makes no sense to pay one and demand that the other serve for free.
In America every branch of government receives decent support, but no one gets extravagant pay. Members of Congress and of the Assemblies receive enough to cover their expenses. In England, by contrast, one branch of government receives lavish funding and another receives none. As a result, one is given the means to corrupt, while the other is put in a position to be corrupted. Less than a fourth of that expenditure, used as it is in America, would cure much of the corruption.
Another reform in the American constitutions is doing away with oaths of loyalty to individuals. In America the oath of allegiance is to the nation alone. It is wrong to make one person stand for an entire nation. The nation's happiness is the higher aim. The meaning of an oath of allegiance should not be blurred by swearing it figuratively to, or in the name of, a person. The oath called the civic oath in France says “the nation, the law, and the king.” That is wrong. If an oath is taken at all, it should follow America's example and name only the nation. A law may be good or bad. But here it can only mean something that serves the nation's happiness, and so is already included in the nation. The rest of the oath is wrong because all oaths to individuals should be abolished. They are leftovers from tyranny by one side and slavery by the other. The Creator's name should not be called on to witness the degradation of his creation. And if the king is intended only to stand for the nation, as I have already mentioned, naming him is unnecessary. Whatever excuse there might be for oaths when a government is first established, they should not be allowed afterward. If a government needs oaths to keep it going, it is not worth supporting and should not be supported. Make government what it should be and it will stand on its own.
To finish this part of the discussion: one of the greatest advances in protecting and expanding constitutional freedom over time is that the new constitutions provide for reviewing, changing, and improving themselves when needed.
Mr. Burke bases his political beliefs on “binding and controlling posterity to the end of time, and of renouncing and abdicating the rights of all posterity, for ever.” That principle has become too hateful to deserve debate. I will do no more than bring it into the open.
We are only beginning to understand government. Until now it has been little more than the exercise of power. It blocked any serious inquiry into rights and based its entire claim on possession of power. As long as freedom's enemy was allowed to judge freedom, its principles could make very little progress.
The constitutions of America and France either set dates for review or lay out a method for making improvements. It may be impossible to establish any system that joins principles to opinions and actual practice without changing circumstances over many years throwing some of it out of balance or making its parts inconsistent. It is therefore best to provide ways to make adjustments as problems arise. Otherwise, problems build up until they discourage reform or provoke revolution. The Rights of Man belong to every generation. No generation can claim them for itself alone. People will follow what is worth following because it is worthwhile. Its security lies in its value, not in conditions attached to it. When someone leaves property to heirs, he does not require them to accept it. Why treat constitutions differently? Even the best constitution we could design for our present circumstances may fall far short of what can be achieved in a few years. A new age of reason about government is beginning, unlike anything people have seen before. As the barbarity of today's old governments comes to an end, nations will change how they treat one another. People will no longer be raised to see other human beings as enemies just because they happened to be born in countries with different names. Constitutions must respond to circumstances abroad as well as at home. Each constitution should therefore allow people to benefit from changes in either place. Already we see a change in how England and France feel about each other. Looking back only a few years, this change is itself a revolution. Who could have predicted, or believed, that people in England would ever happily raise a toast to a French National Assembly? Who expected either country to want a friendly alliance between them? This shows that, without corruption by governments, people are naturally friends to one another. Human nature is not bad in itself. The governments of both countries fostered jealousy and hostility and used those feelings to raise taxes. Now those feelings are giving way to reason, common interests, and human concern. People are beginning to understand what royal courts really do. The courts' pretense of mystery, and all the artificial tricks with which they deceived people, are losing their power. That system has received a fatal wound. It may linger, but it will die. Government should be as open to improvement as anything else people do. Instead, for generations it has been controlled by some of humanity's most ignorant and immoral members. What better proof of their terrible management do we need than the huge debts and taxes burdening every nation, and the conflicts into which they have driven the world? We are only just emerging from that barbaric condition. It is too early to decide how far government can yet improve. For all we know, Europe may become one great Republic, with everyone free throughout it.
Part II: Chapter V, 1
18th-century English
In contemplating a subject that embraces with equatorial magnitude the whole region of humanity it is impossible to confine the pursuit in one single direction. It takes ground on every character and condition that appertains to man, and blends the individual, the nation, and the world. From a small spark, kindled in America, a flame has arisen not to be extinguished. Without consuming, like the Ultima Ratio Regum, it winds its progress from nation to nation, and conquers by a silent operation. Man finds himself changed, he scarcely perceives how. He acquires a knowledge of his rights by attending justly to his interest, and discovers in the event that the strength and powers of despotism consist wholly in the fear of resisting it, and that, in order "to be free, it is sufficient that he wills it."
Having in all the preceding parts of this work endeavoured to establish a system of principles as a basis on which governments ought to be erected, I shall proceed in this, to the ways and means of rendering them into practice. But in order to introduce this part of the subject with more propriety, and stronger effect, some preliminary observations, deducible from, or connected with, those principles, are necessary.
Whatever the form or constitution of government may be, it ought to have no other object than the general happiness. When, instead of this, it operates to create and increase wretchedness in any of the parts of society, it is on a wrong system, and reformation is necessary. Customary language has classed the condition of man under the two descriptions of civilised and uncivilised life. To the one it has ascribed felicity and affluence; to the other hardship and want. But, however our imagination may be impressed by painting and comparison, it is nevertheless true, that a great portion of mankind, in what are called civilised countries, are in a state of poverty and wretchedness, far below the condition of an Indian. I speak not of one country, but of all. It is so in England, it is so all over Europe. Let us enquire into the cause.
It lies not in any natural defect in the principles of civilisation, but in preventing those principles having a universal operation; the consequence of which is, a perpetual system of war and expense, that drains the country, and defeats the general felicity of which civilisation is capable. All the European governments (France now excepted) are constructed not on the principle of universal civilisation, but on the reverse of it. So far as those governments relate to each other, they are in the same condition as we conceive of savage uncivilised life; they put themselves beyond the law as well of God as of man, and are, with respect to principle and reciprocal conduct, like so many individuals in a state of nature. The inhabitants of every country, under the civilisation of laws, easily civilise together, but governments being yet in an uncivilised state, and almost continually at war, they pervert the abundance which civilised life produces to carry on the uncivilised part to a greater extent. By thus engrafting the barbarism of government upon the internal civilisation of a country, it draws from the latter, and more especially from the poor, a great portion of those earnings, which should be applied to their own subsistence and comfort. Apart from all reflections of morality and philosophy, it is a melancholy fact that more than one-fourth of the labour of mankind is annually consumed by this barbarous system. What has served to continue this evil, is the pecuniary advantage which all the governments of Europe have found in keeping up this state of uncivilisation. It affords to them pretences for power, and revenue, for which there would be neither occasion nor apology, if the circle of civilisation were rendered complete. Civil government alone, or the government of laws, is not productive of pretences for many taxes; it operates at home, directly under the eye of the country, and precludes the possibility of much imposition. But when the scene is laid in the uncivilised contention of governments, the field of pretences is enlarged, and the country, being no longer a judge, is open to every imposition, which governments please to act. Not a thirtieth, scarcely a fortieth, part of the taxes which are raised in England are either occasioned by, or applied to, the purpose of civil government. It is not difficult to see, that the whole which the actual government does in this respect, is to enact laws, and that the country administers and executes them, at its own expense, by means of magistrates, juries, sessions, and assize, over and above the taxes which it pays. In this view of the case, we have two distinct characters of government; the one the civil government, or the government of laws, which operates at home, the other the court or cabinet government, which operates abroad, on the rude plan of uncivilised life; the one attended with little charge, the other with boundless extravagance; and so distinct are the two, that if the latter were to sink, as it were, by a sudden opening of the earth, and totally disappear, the former would not be deranged. It would still proceed, because it is the common interest of the nation that it should, and all the means are in practice. Revolutions, then, have for their object a change in the moral condition of governments, and with this change the burthen of public taxes will lessen, and civilisation will be left to the enjoyment of that abundance, of which it is now deprived. In contemplating the whole of this subject, I extend my views into the department of commerce. In all my publications, where the matter would admit, I have been an advocate for commerce, because I am a friend to its effects. It is a pacific system, operating to cordialise mankind, by rendering nations, as well as individuals, useful to each other. As to the mere theoretical reformation, I have never preached it up. The most effectual process is that of improving the condition of man by means of his interest; and it is on this ground that I take my stand. If commerce were permitted to act to the universal extent it is capable, it would extirpate the system of war, and produce a revolution in the uncivilised state of governments. The invention of commerce has arisen since those governments began, and is the greatest approach towards universal civilisation that has yet been made by any means not immediately flowing from moral principles. Whatever has a tendency to promote the civil intercourse of nations by an exchange of benefits, is a subject as worthy of philosophy as of politics. Commerce is no other than the traffic of two individuals, multiplied on a scale of numbers; and by the same rule that nature intended for the intercourse of two, she intended that of all. For this purpose she has distributed the materials of manufactures and commerce, in various and distant parts of a nation and of the world; and as they cannot be procured by war so cheaply or so commodiously as by commerce, she has rendered the latter the means of extirpating the former. As the two are nearly the opposite of each other, consequently, the uncivilised state of the European governments is injurious to commerce. Every kind of destruction or embarrassment serves to lessen the quantity, and it matters but little in what part of the commercial world the reduction begins. Like blood, it cannot be taken from any of the parts, without being taken from the whole mass in circulation, and all partake of the loss. When the ability in any nation to buy is destroyed, it equally involves the seller. Could the government of England destroy the commerce of all other nations, she would most effectually ruin her own. It is possible that a nation may be the carrier for the world, but she cannot be the merchant. She cannot be the seller and buyer of her own merchandise. The ability to buy must reside out of herself; and, therefore, the prosperity of any commercial nation is regulated by the prosperity of the rest. If they are poor she cannot be rich, and her condition, be what it may, is an index of the height of the commercial tide in other nations. That the principles of commerce, and its universal operation may be understood, without understanding the practice, is a position that reason will not deny; and it is on this ground only that I argue the subject. It is one thing in the counting-house, in the world it is another. With respect to its operation it must necessarily be contemplated as a reciprocal thing; that only one-half its powers resides within the nation, and that the whole is as effectually destroyed by the destroying the half that resides without, as if the destruction had been committed on that which is within; for neither can act without the other. When in the last, as well as in former wars, the commerce of England sunk, it was because the quantity was lessened everywhere; and it now rises, because commerce is in a rising state in every nation. If England, at this day, imports and exports more than at any former period, the nations with which she trades must necessarily do the same; her imports are their exports, and vice versa. There can be no such thing as a nation flourishing alone in commerce: she can only participate; and the destruction of it in any part must necessarily affect all. When, therefore, governments are at war, the attack is made upon a common stock of commerce, and the consequence is the same as if each had attacked his own. The present increase of commerce is not to be attributed to ministers, or to any political contrivances, but to its own natural operation in consequence of peace. The regular markets had been destroyed, the channels of trade broken up, the high road of the seas infested with robbers of every nation, and the attention of the world called to other objects. Those interruptions have ceased, and peace has restored the deranged condition of things to their proper order.*25 It is worth remarking that every nation reckons the balance of trade in its own favour; and therefore something must be irregular in the common ideas upon this subject. The fact, however, is true, according to what is called a balance; and it is from this cause that commerce is universally supported. Every nation feels the advantage, or it would abandon the practice: but the deception lies in the mode of making up the accounts, and in attributing what are called profits to a wrong cause. Mr. Pitt has sometimes amused himself, by showing what he called a balance of trade from the custom-house books. This mode of calculating not only affords no rule that is true, but one that is false. In the first place, Every cargo that departs from the custom-house appears on the books as an export; and, according to the custom-house balance, the losses at sea, and by foreign failures, are all reckoned on the side of profit because they appear as exports.
Secondly, Because the importation by the smuggling trade does not appear on the custom-house books, to arrange against the exports.
No balance, therefore, as applying to superior advantages, can be drawn from these documents; and if we examine the natural operation of commerce, the idea is fallacious; and if true, would soon be injurious. The great support of commerce consists in the balance being a level of benefits among all nations.
Two merchants of different nations trading together, will both become rich, and each makes the balance in his own favour; consequently, they do not get rich of each other; and it is the same with respect to the nations in which they reside. The case must be, that each nation must get rich out of its own means, and increases that riches by something which it procures from another in exchange.
If a merchant in England sends an article of English manufacture abroad which costs him a shilling at home, and imports something which sells for two, he makes a balance of one shilling in his favour; but this is not gained out of the foreign nation or the foreign merchant, for he also does the same by the articles he receives, and neither has the advantage upon the other. The original value of the two articles in their proper countries was but two shillings; but by changing their places, they acquire a new idea of value, equal to double what they had first, and that increased value is equally divided.
There is no otherwise a balance on foreign than on domestic commerce. The merchants of London and Newcastle trade on the same principles, as if they resided in different nations, and make their balances in the same manner: yet London does not get rich out of Newcastle, any more than Newcastle out of London: but coals, the merchandize of Newcastle, have an additional value at London, and London merchandize has the same at Newcastle.
Though the principle of all commerce is the same, the domestic, in a national view, is the part the most beneficial; because the whole of the advantages, an both sides, rests within the nation; whereas, in foreign commerce, it is only a participation of one-half.
The most unprofitable of all commerce is that connected with foreign dominion. To a few individuals it may be beneficial, merely because it is commerce; but to the nation it is a loss. The expense of maintaining dominion more than absorbs the profits of any trade. It does not increase the general quantity in the world, but operates to lessen it; and as a greater mass would be afloat by relinquishing dominion, the participation without the expense would be more valuable than a greater quantity with it.
English
When we consider a subject as wide as all humanity, we cannot follow it in just one direction. It touches every kind of person and every human condition. It connects individuals, nations, and the world. A small spark lit in America has become a flame that will not go out. Unlike the Ultima Ratio Regum, it does not consume everything in its path. It moves quietly from nation to nation and wins people over. People find themselves changed, almost without noticing how. By paying proper attention to their own interests, they learn their rights. They then discover that despotism gets all its power from people's fear of resisting it, and that, in order "to be free, it is sufficient that he wills it."
In the earlier parts of this work, I have tried to establish the principles on which governments should be built. I will now explain how to put them into practice. First, I need to make some preliminary observations that follow from those principles or relate to them. This will provide a better and more effective introduction to this part of the subject.
Whatever form or constitution a government has, its only aim should be everyone's happiness. If it instead creates and increases suffering in any part of society, its system is wrong and must be reformed. People commonly divide human life into civilized and uncivilized conditions. They associate civilized life with happiness and plenty, and uncivilized life with hardship and need. Pictures and comparisons may lead us to imagine this is true. But many people in countries called civilized live in poverty and misery, far worse off than an Indian. I do not mean just one country. It is true in England and throughout Europe. Let us ask why.
The cause is not any natural flaw in the principles of civilization. The problem is that those principles are not allowed to work for everyone. As a result, there is a constant system of war and expense. It drains the country and prevents civilization from bringing happiness to all. Every European government except France is built on the opposite of civilization for all. In their relations with one another, these governments act as people are imagined to act in an uncivilized state. They place themselves beyond both God's law and human law. In their principles and dealings with each other, they behave like individuals without any government. Within each country, people living under civil laws can easily get along. But governments remain uncivilized and almost always at war. They divert the wealth produced by civilized life toward expanding their uncivilized activities. By attaching the barbarism of government to a country's civilized life, they take a large share of people's earnings, especially the earnings of the poor. That money should support and comfort those who earned it. Even without considering morality or philosophy, it is a sad fact that this barbaric system uses up more than one-fourth of humanity's labor every year. It continues because every European government has found it profitable to keep this uncivilized condition going. It gives them excuses to claim power and collect revenue. If civilization extended to all their dealings, they would have no need or excuse for either. Civil government, which means government by law, provides little excuse for many taxes. It works at home, directly in the country's sight, so it leaves little room for deception. But conflict between uncivilized governments creates many more excuses. The country can no longer judge what is happening and is exposed to whatever charges governments choose to impose. Not a thirtieth, perhaps not even a fortieth, of the taxes raised in England are needed for or spent on civil government. The government itself does little more in this area than pass laws. The country administers and enforces them at its own additional expense through magistrates, juries, sessions, and assize courts. It does this on top of paying taxes. We can therefore distinguish two kinds of government. One is civil government, or government by law, which works at home. The other is court or cabinet government, which operates abroad in the crude, uncivilized way. One costs little; the other spends without limit. They are so separate that civil government would carry on undisturbed even if court government suddenly vanished into the ground. The nation has a shared interest in keeping civil government working, and the means to do so are already in use. Revolutions therefore aim to change the moral condition of governments. That change will reduce the burden of public taxes and let people enjoy the plenty civilization produces, which they are now denied. This subject also leads me to commerce. Whenever the subject has allowed it, I have supported commerce in my writings because I favor its effects. It is a peaceful system. By making nations as well as individuals useful to one another, it helps people grow closer. I have never advocated reform that exists only in theory. The most effective method is to improve people's condition by working through their interests. That is the position I take. If commerce were allowed to operate as widely as it can, it would put an end to the system of war and transform the uncivilized condition of governments. Commerce was invented after those governments began. Among developments not arising directly from moral principles, it has brought us closest to civilization for all. Anything that encourages peaceful dealings between nations through mutual benefits deserves attention in both philosophy and politics. Commerce is simply trade between two people carried out on a larger scale. If nature intended two people to deal with each other, she intended everyone to do so. To make this possible, she placed the materials used in manufacturing and trade in different, distant parts of countries and of the world. Commerce lets people obtain these materials more cheaply and conveniently than war does. In that way, nature made commerce a means of ending war. Since the two are nearly opposites, the uncivilized condition of European governments harms commerce. Any destruction or disruption reduces the total amount of trade, wherever in the trading world it begins. Commerce is like blood: removing some from one part reduces the total circulating everywhere, and every part shares the loss. Destroy a nation's ability to buy, and you hurt its sellers too. If England's government could destroy every other nation's commerce, it would ruin England's own trade most effectively. A nation may carry goods for the world, but it cannot be the whole world's merchant. It cannot both buy and sell its own goods. Buyers must exist outside it. The prosperity of any trading nation therefore depends on the prosperity of the others. If they are poor, it cannot be rich. Its own condition, whatever it is, shows how high trade is running in other nations. Reason allows that someone can understand the principles of commerce and its worldwide effects without understanding its day-to-day practice. Those principles are the only basis of my argument. Commerce looks one way in a merchant's office and another in the wider world. To understand how it works, we must see that it depends on both sides. Only half its power lies within a nation. Destroy the other half, outside the nation, and the whole is destroyed as surely as if the half at home were destroyed. Neither half can work without the other. During the last war and earlier wars, England's commerce fell because trade fell everywhere. It is rising now because trade is rising in every nation. If England now imports and exports more than ever before, the countries trading with it must also be doing so. England's imports are their exports, and the reverse is also true. No nation can prosper alone in commerce. It can only share in prosperity, and damage to trade anywhere affects everyone. When governments go to war, they attack a shared stock of commerce. The result is the same as if each attacked its own. Today's growth in commerce is not the work of ministers or political schemes. It follows naturally from peace. Established markets had been destroyed, trade routes broken, the sea lanes plagued by robbers from every nation, and the world's attention turned to other things. These disruptions have ended, and peace has put things back in order.*25 It is worth noting that every nation believes its balance of trade favors itself. There must therefore be something wrong with the usual understanding of this subject. By the usual meaning of a favorable balance, each nation's belief is indeed true. That is why every nation supports commerce. Each benefits from it, or it would stop trading. The mistake lies in how the accounts are drawn up and in assigning what people call profits to the wrong cause. Mr. Pitt has sometimes entertained himself by presenting what he called a balance of trade from customs-house records. That method does not just fail to give a reliable measure; it gives a false one. First, every cargo leaving the customs house is recorded as an export. Under that way of calculating the balance, cargo lost at sea or lost through the failure of foreign buyers is counted as profit, because it appears as an export.
Second, smuggled imports do not appear in customs-house records to be set against exports.
Those records therefore cannot show that one nation gains more than another. Looking at how commerce naturally works also shows that the idea is false. If such an unequal balance really existed, it would soon do harm. Commerce depends most of all on benefits being balanced among nations.
Two merchants from different countries can trade together and both become rich. Each sees a favorable balance in his own accounts, so neither becomes rich at the other's expense. The same holds true for their countries. Each country must build wealth from its own resources and add to it through what it obtains from another in exchange.
Suppose an English merchant sends abroad a manufactured item that costs him one shilling at home. He brings back something he can sell for two shillings. His balance shows a gain of one shilling. But he has not taken that gain from the foreign country or its merchant. The foreign merchant does the same with what he receives, so neither gains at the other's expense. In their home countries, the two goods originally had a combined value of only two shillings. By changing places, they each gain value, doubling their original combined value. Both sides share that extra value equally.
A balance in foreign trade works no differently from a balance in domestic trade. Merchants in London and Newcastle trade by the same principles as merchants in different countries. They calculate their balances the same way. Yet London does not get rich at Newcastle's expense, or Newcastle at London's. Coal, Newcastle's product, becomes more valuable in London. London's products likewise become more valuable in Newcastle.
Although the principle is the same for all trade, domestic trade benefits a nation most. Both sides of its gains stay within the country. In foreign trade, the nation shares in only half the gains.
The least profitable commerce of all is trade tied to rule over foreign lands. It may benefit a few people, simply because it is trade, but the nation loses. Maintaining control costs more than the trade earns. Such rule does not increase the total amount of trade in the world; it reduces it. Giving up control would put more trade in circulation. A share in that larger trade without the cost of rule would be worth more than a larger share that comes with that cost.
Part II: Chapter V, 2
18th-century English
But it is impossible to engross commerce by dominion; and therefore it is still more fallacious. It cannot exist in confined channels, and necessarily breaks out by regular or irregular means, that defeat the attempt: and to succeed would be still worse. France, since the Revolution, has been more indifferent as to foreign possessions, and other nations will become the same when they investigate the subject with respect to commerce.
To the expense of dominion is to be added that of navies, and when the amounts of the two are subtracted from the profits of commerce, it will appear, that what is called the balance of trade, even admitting it to exist, is not enjoyed by the nation, but absorbed by the Government.
The idea of having navies for the protection of commerce is delusive. It is putting means of destruction for the means of protection. Commerce needs no other protection than the reciprocal interest which every nation feels in supporting it—it is common stock—it exists by a balance of advantages to all; and the only interruption it meets, is from the present uncivilised state of governments, and which it is its common interest to reform.*26
Quitting this subject, I now proceed to other matters.—As it is necessary to include England in the prospect of a general reformation, it is proper to inquire into the defects of its government. It is only by each nation reforming its own, that the whole can be improved, and the full benefit of reformation enjoyed. Only partial advantages can flow from partial reforms.
France and England are the only two countries in Europe where a reformation in government could have successfully begun. The one secure by the ocean, and the other by the immensity of its internal strength, could defy the malignancy of foreign despotism. But it is with revolutions as with commerce, the advantages increase by their becoming general, and double to either what each would receive alone.
As a new system is now opening to the view of the world, the European courts are plotting to counteract it. Alliances, contrary to all former systems, are agitating, and a common interest of courts is forming against the common interest of man. This combination draws a line that runs throughout Europe, and presents a cause so entirely new as to exclude all calculations from former circumstances. While despotism warred with despotism, man had no interest in the contest; but in a cause that unites the soldier with the citizen, and nation with nation, the despotism of courts, though it feels the danger and meditates revenge, is afraid to strike.
No question has arisen within the records of history that pressed with the importance of the present. It is not whether this or that party shall be in or not, or Whig or Tory, high or low shall prevail; but whether man shall inherit his rights, and universal civilisation take place? Whether the fruits of his labours shall be enjoyed by himself or consumed by the profligacy of governments? Whether robbery shall be banished from courts, and wretchedness from countries?
When, in countries that are called civilised, we see age going to the workhouse and youth to the gallows, something must be wrong in the system of government. It would seem, by the exterior appearance of such countries, that all was happiness; but there lies hidden from the eye of common observation, a mass of wretchedness, that has scarcely any other chance, than to expire in poverty or infamy. Its entrance into life is marked with the presage of its fate; and until this is remedied, it is in vain to punish.
Civil government does not exist in executions; but in making such provision for the instruction of youth and the support of age, as to exclude, as much as possible, profligacy from the one and despair from the other. Instead of this, the resources of a country are lavished upon kings, upon courts, upon hirelings, impostors and prostitutes; and even the poor themselves, with all their wants upon them, are compelled to support the fraud that oppresses them.
Why is it that scarcely any are executed but the poor? The fact is a proof, among other things, of a wretchedness in their condition. Bred up without morals, and cast upon the world without a prospect, they are the exposed sacrifice of vice and legal barbarity. The millions that are superfluously wasted upon governments are more than sufficient to reform those evils, and to benefit the condition of every man in a nation, not included within the purlieus of a court. This I hope to make appear in the progress of this work.
It is the nature of compassion to associate with misfortune. In taking up this subject I seek no recompense—I fear no consequence. Fortified with that proud integrity, that disdains to triumph or to yield, I will advocate the Rights of Man.
It is to my advantage that I have served an apprenticeship to life. I know the value of moral instruction, and I have seen the danger of the contrary.
At an early period—little more than sixteen years of age, raw and adventurous, and heated with the false heroism of a master*27 who had served in a man-of-war—I began the carver of my own fortune, and entered on board the Terrible Privateer, Captain Death. From this adventure I was happily prevented by the affectionate and moral remonstrance of a good father, who, from his own habits of life, being of the Quaker profession, must begin to look upon me as lost. But the impression, much as it effected at the time, began to wear away, and I entered afterwards in the King of Prussia Privateer, Captain Mendez, and went with her to sea. Yet, from such a beginning, and with all the inconvenience of early life against me, I am proud to say, that with a perseverance undismayed by difficulties, a disinterestedness that compelled respect, I have not only contributed to raise a new empire in the world, founded on a new system of government, but I have arrived at an eminence in political literature, the most difficult of all lines to succeed and excel in, which aristocracy with all its aids has not been able to reach or to rival.*28
Knowing my own heart and feeling myself as I now do, superior to all the skirmish of party, the inveteracy of interested or mistaken opponents, I answer not to falsehood or abuse, but proceed to the defects of the English Government.
I begin with charters and corporations.
It is a perversion of terms to say that a charter gives rights. It operates by a contrary effect—that of taking rights away. Rights are inherently in all the inhabitants; but charters, by annulling those rights, in the majority, leave the right, by exclusion, in the hands of a few. If charters were constructed so as to express in direct terms, "that every inhabitant, who is not a member of a corporation, shall not exercise the right of voting," such charters would, in the face, be charters not of rights, but of exclusion. The effect is the same under the form they now stand; and the only persons on whom they operate are the persons whom they exclude. Those whose rights are guaranteed, by not being taken away, exercise no other rights than as members of the community they are entitled to without a charter; and, therefore, all charters have no other than an indirect negative operation. They do not give rights to A, but they make a difference in favour of A by taking away the right of B, and consequently are instruments of injustice.
But charters and corporations have a more extensive evil effect than what relates merely to elections. They are sources of endless contentions in the places where they exist, and they lessen the common rights of national society. A native of England, under the operation of these charters and corporations, cannot be said to be an Englishman in the full sense of the word. He is not free of the nation, in the same manner that a Frenchman is free of France, and an American of America. His rights are circumscribed to the town, and, in some cases, to the parish of his birth; and all other parts, though in his native land, are to him as a foreign country. To acquire a residence in these, he must undergo a local naturalisation by purchase, or he is forbidden or expelled the place. This species of feudality is kept up to aggrandise the corporations at the ruin of towns; and the effect is visible.
The generality of corporation towns are in a state of solitary decay, and prevented from further ruin only by some circumstance in their situation, such as a navigable river, or a plentiful surrounding country. As population is one of the chief sources of wealth (for without it land itself has no value), everything which operates to prevent it must lessen the value of property; and as corporations have not only this tendency, but directly this effect, they cannot but be injurious. If any policy were to be followed, instead of that of general freedom, to every person to settle where he chose (as in France or America) it would be more consistent to give encouragement to new comers than to preclude their admission by exacting premiums from them.*29
The persons most immediately interested in the abolition of corporations are the inhabitants of the towns where corporations are established. The instances of Manchester, Birmingham, and Sheffield show, by contrast, the injuries which those Gothic institutions are to property and commerce. A few examples may be found, such as that of London, whose natural and commercial advantage, owing to its situation on the Thames, is capable of bearing up against the political evils of a corporation; but in almost all other cases the fatality is too visible to be doubted or denied.
Though the whole nation is not so directly affected by the depression of property in corporation towns as the inhabitants themselves, it partakes of the consequence. By lessening the value of property, the quantity of national commerce is curtailed. Every man is a customer in proportion to his ability; and as all parts of a nation trade with each other, whatever affects any of the parts must necessarily communicate to the whole.
As one of the Houses of the English Parliament is, in a great measure, made up of elections from these corporations; and as it is unnatural that a pure stream should flow from a foul fountain, its vices are but a continuation of the vices of its origin. A man of moral honour and good political principles cannot submit to the mean drudgery and disgraceful arts, by which such elections are carried. To be a successful candidate, he must be destitute of the qualities that constitute a just legislator; and being thus disciplined to corruption by the mode of entering into Parliament, it is not to be expected that the representative should be better than the man.
Mr. Burke, in speaking of the English representation, has advanced as bold a challenge as ever was given in the days of chivalry. "Our representation," says he, "has been found perfectly adequate to all the purposes for which a representation of the people can be desired or devised." "I defy," continues he, "the enemies of our constitution to show the contrary."—This declaration from a man who has been in constant opposition to all the measures of parliament the whole of his political life, a year or two excepted, is most extraordinary; and, comparing him with himself, admits of no other alternative, than that he acted against his judgment as a member, or has declared contrary to it as an author.
But it is not in the representation only that the defects lie, and therefore I proceed in the next place to the aristocracy.
What is called the House of Peers, is constituted on a ground very similar to that, against which there is no law in other cases. It amounts to a combination of persons in one common interest. No better reason can be given, why a house of legislation should be composed entirely of men whose occupation consists in letting landed property, than why it should be composed of those who hire, or of brewers, or bakers, or any other separate class of men. Mr. Burke calls this house "the great ground and pillar of security to the landed interest." Let us examine this idea.
What pillar of security does the landed interest require more than any other interest in the state, or what right has it to a distinct and separate representation from the general interest of a nation? The only use to be made of this power (and which it always has made), is to ward off taxes from itself, and throw the burthen upon those articles of consumption by which itself would be least affected.
That this has been the consequence (and will always be the consequence) of constructing governments on combinations, is evident with respect to England, from the history of its taxes.
Notwithstanding taxes have increased and multiplied upon every article of common consumption, the land-tax, which more particularly affects this "pillar," has diminished. In 1778 the amount of the land-tax was L1,950,000, which is half-a-million less than it produced almost a hundred years ago,*30 notwithstanding the rentals are in many instances doubled since that period.
English
But controlling foreign lands cannot give a country a monopoly on commerce, so the idea is even more mistaken. Trade cannot be kept within restricted channels. It finds a way out, legally or illegally, and defeats the attempt to confine it. Succeeding would be worse still. Since the Revolution, France has cared less about foreign possessions. Other nations will feel the same when they examine how those possessions affect commerce.
The cost of navies must be added to the cost of foreign rule. Subtract both from the profits of commerce, and what is called the balance of trade—even if it exists—is not enjoyed by the nation. The government uses it up.
The idea that navies protect commerce is misleading. It treats a means of destruction as a means of protection. Commerce needs no protection beyond every nation's shared interest in keeping it going. It is a common resource, sustained because everyone gains from it. The only thing that interrupts it is the present uncivilized state of governments, which it is in everyone's interest to reform.*26
I will leave commerce now and turn to other matters. England must be part of any general reform, so we should examine what is wrong with its government. The whole can improve, and everyone can enjoy the full benefit of reform, only if each nation reforms its own government. Partial reforms bring only partial benefits.
France and England are the only two countries in Europe where government reform could have successfully begun. The ocean protected England, while France's vast internal strength protected it. Both could withstand the hostility of foreign despots. Revolutions resemble commerce in this respect: their benefits grow when they spread. If both countries take part, each gains twice what it would gain alone.
A new system is now coming into view, and the courts of Europe are plotting against it. They are considering alliances unlike any before. The courts are uniting around their own interests against the interests of humanity. This alliance draws a dividing line across Europe. It presents a situation so new that earlier circumstances cannot tell us what will happen. When despots fought other despots, ordinary people had no stake in the contest. But this cause unites soldiers with civilians and nations with other nations. The courts fear the danger and plan revenge, yet they are afraid to strike.
No issue recorded in history has been as important as this one. It is not about whether one party or another holds office, or whether Whig or Tory, high or low, wins. It is about whether people will enjoy their rights and civilization will reach everyone. Will people enjoy the fruits of their own labor, or will wasteful governments use them up? Will robbery leave the courts and misery leave the countries?
When countries called civilized send the old to the workhouse and the young to the gallows, something is wrong with government. From the outside, those countries may look happy. But beneath what most people see lies widespread misery. Those who suffer often have little chance of anything but dying poor or disgraced. The signs of that fate appear as soon as they enter life. Until we put this right, punishment is pointless.
Civil government is not about executions. It is about providing education for the young and support for the old, so that the young are kept from reckless misconduct and the old from despair as far as possible. Instead, a country's resources are squandered on kings, courts, paid followers, frauds, and prostitutes. Even poor people, despite their own needs, are forced to pay for the fraud that oppresses them.
Why are almost all those executed poor? That fact is one sign of the misery of their situation. They grow up without moral guidance and face the world without prospects. This leaves them exposed to vice and the cruelty of the law. The millions wasted unnecessarily on governments would more than pay to correct these evils and improve the condition of everyone in a country who is outside the court's circle. I hope to show this as the work continues.
Compassion naturally draws us toward people in trouble. I take up this subject without seeking a reward or fearing the consequences. With the integrity to refuse either an easy victory or surrender, I will defend the Rights of Man.
I have benefited from learning about life firsthand. I know how valuable moral instruction is, and I have seen the danger when it is missing.
When I was little more than sixteen years old, inexperienced, adventurous, and fired up by the false heroism of a master*27 who had served on a warship, I set out to make my own fortune. I joined the Terrible Privateer under Captain Death. My good father stopped me through loving appeals to my sense of right and wrong. Given his way of life as a Quaker, he must have thought I was lost. His warning affected me deeply at first, but its effect began to fade. Later I joined the King of Prussia Privateer under Captain Mendez and went to sea. Despite that start and all the obstacles of my early life, I am proud of what followed. With persistence that difficulties could not defeat, and a concern for others that earned respect, I helped found a new empire in the world based on a new system of government. I also gained a standing in political writing—one of the hardest fields in which to succeed—that the aristocracy, with all its advantages, has not been able to match.*28
I know my own heart. I now feel above party quarrels and the stubborn hostility of opponents who act from self-interest or misunderstanding. I will not respond to lies or abuse. I will turn instead to the faults of the English government.
I begin with charters and corporations.
To say that a charter gives people rights turns the meaning of the words upside down. A charter actually takes rights away. All inhabitants have rights by their nature. But charters cancel those rights for the majority and leave them to a few by excluding everyone else. Imagine a charter stating openly, "that every inhabitant, who is not a member of a corporation, shall not exercise the right of voting." It would plainly be a charter of exclusion, not of rights. Existing charters have the same effect. They act only on the people they exclude. The people whose rights remain intact exercise no more than the rights they already have as members of the community, without any charter. Charters therefore work only indirectly, by denying rights. They do not give A a right. They favor A by taking B's right away, and are therefore tools of injustice.
Charters and corporations do harm beyond elections. They cause endless disputes wherever they exist and reduce people's common rights across the country. Under these charters and corporations, someone born in England cannot be called fully English. He is not free to live throughout the country as a Frenchman is in France or an American in America. His rights are restricted to his hometown or sometimes even to the parish where he was born. The rest of his own country is like foreign territory to him. To settle elsewhere, he must buy local permission to be treated as a resident. Otherwise he can be barred or expelled. This feudal practice is maintained to increase the power of corporations, at the towns' expense. Its effects are plain.
Most corporation towns are slowly decaying on their own. Only features such as a navigable river or productive surrounding farmland keep them from declining further. Population is a main source of wealth: without people, even land has no value. Anything that keeps people from moving in must lower the value of property. Corporations do exactly that, so they must cause harm. The best policy is to let everyone settle wherever they choose, as in France or America. But if there must be a different policy, it would make more sense to encourage newcomers than to charge them for admission and keep them out.*29
The people who would benefit most directly from abolishing corporations are those living in corporation towns. Compare these places with Manchester, Birmingham, and Sheffield. These cities show how much the old-fashioned institutions hurt property and trade. London is one possible exception. Its position on the Thames gives it enough natural and commercial advantages to withstand the political damage done by its corporation. But in almost every other case, the harm is too clear to doubt or deny.
The decline in property values in corporation towns affects their own residents most directly, but the whole nation feels its effects. As property loses value, national trade shrinks. A person's ability to buy determines how much that person can spend. Every part of a country trades with every other part, so harm to one spreads to all.
One of the Houses of the English Parliament is largely elected by these corporations. A clean stream cannot naturally come from a dirty source, so the House carries forward the faults of those elections. A person with integrity and sound political principles cannot take part in the degrading work and dishonest tactics needed to win them. A successful candidate must lack the qualities of a fair lawmaker. Once the election process has trained a person in corruption, we cannot expect that person to behave better as a representative.
Mr. Burke has issued a bold challenge about England's representation, like a knight in a story. "Our representation," he says, "has been found perfectly adequate to all the purposes for which a representation of the people can be desired or devised." He goes on: "I defy the enemies of our constitution to show the contrary." This is an extraordinary claim from someone who, except for a year or two, has opposed every parliamentary measure throughout his political career. His record leaves only two possibilities: either he acted against his own judgment as a member of Parliament, or he wrote against his own judgment as an author.
Representation is not the only problem. I turn next to the aristocracy.
The body called the House of Peers is built on the same kind of arrangement that the law opposes in other cases: a group of people joining forces to serve one shared interest. There is no better reason to fill a legislative house entirely with people who rent out land than to fill one with people who rent it, brewers, bakers, or any other single group. Mr. Burke calls this house "the great ground and pillar of security to the landed interest." Let us examine that claim.
Why does the landed interest need a pillar of protection more than any other interest? What gives it a right to separate representation apart from the nation's general interest? This power has just one use, and it has always been used for it: to keep taxes off landowners and place the burden on goods they consume less than other people do.
The history of England's taxes shows that this is what happens, and will always happen, when governments are built around groups protecting their own interests.
Taxes on every common consumer good have grown and multiplied, but the land tax, which particularly affects Burke's "pillar," has fallen. In 1778 it brought in L1,950,000. That was half-a-million less than it had brought in almost a hundred years earlier,*30 even though rents have doubled in many cases since then.
Part II: Chapter V, 3
18th-century English
Before the coming of the Hanoverians, the taxes were divided in nearly equal proportions between the land and articles of consumption, the land bearing rather the largest share: but since that era nearly thirteen millions annually of new taxes have been thrown upon consumption. The consequence of which has been a constant increase in the number and wretchedness of the poor, and in the amount of the poor-rates. Yet here again the burthen does not fall in equal proportions on the aristocracy with the rest of the community. Their residences, whether in town or country, are not mixed with the habitations of the poor. They live apart from distress, and the expense of relieving it. It is in manufacturing towns and labouring villages that those burthens press the heaviest; in many of which it is one class of poor supporting another.
Several of the most heavy and productive taxes are so contrived, as to give an exemption to this pillar, thus standing in its own defence. The tax upon beer brewed for sale does not affect the aristocracy, who brew their own beer free from this duty. It falls only on those who have not conveniency or ability to brew, and who must purchase it in small quantities. But what will mankind think of the justice of taxation, when they know that this tax alone, from which the aristocracy are from circumstances exempt, is nearly equal to the whole of the land-tax, being in the year 1788, and it is not less now, L1,666,152, and with its proportion of the taxes on malt and hops, it exceeds it.—That a single article, thus partially consumed, and that chiefly by the working part, should be subject to a tax, equal to that on the whole rental of a nation, is, perhaps, a fact not to be paralleled in the histories of revenues.
This is one of the circumstances resulting from a house of legislation, composed on the ground of a combination of common interest; for whatever their separate politics as to parties may be, in this they are united. Whether a combination acts to raise the price of any article for sale, or rate of wages; or whether it acts to throw taxes from itself upon another class of the community, the principle and the effect are the same; and if the one be illegal, it will be difficult to show that the other ought to exist.
It is no use to say that taxes are first proposed in the House of Commons; for as the other house has always a negative, it can always defend itself; and it would be ridiculous to suppose that its acquiescence in the measures to be proposed were not understood before hand. Besides which, it has obtained so much influence by borough-traffic, and so many of its relations and connections are distributed on both sides the commons, as to give it, besides an absolute negative in one house, a preponderancy in the other, in all matters of common concern.
It is difficult to discover what is meant by the landed interest, if it does not mean a combination of aristocratical landholders, opposing their own pecuniary interest to that of the farmer, and every branch of trade, commerce, and manufacture. In all other respects it is the only interest that needs no partial protection. It enjoys the general protection of the world. Every individual, high or low, is interested in the fruits of the earth; men, women, and children, of all ages and degrees, will turn out to assist the farmer, rather than a harvest should not be got in; and they will not act thus by any other property. It is the only one for which the common prayer of mankind is put up, and the only one that can never fail from the want of means. It is the interest, not of the policy, but of the existence of man, and when it ceases, he must cease to be.
No other interest in a nation stands on the same united support. Commerce, manufactures, arts, sciences, and everything else, compared with this, are supported but in parts. Their prosperity or their decay has not the same universal influence. When the valleys laugh and sing, it is not the farmer only, but all creation that rejoice. It is a prosperity that excludes all envy; and this cannot be said of anything else.
Why then, does Mr. Burke talk of his house of peers as the pillar of the landed interest? Were that pillar to sink into the earth, the same landed property would continue, and the same ploughing, sowing, and reaping would go on. The aristocracy are not the farmers who work the land, and raise the produce, but are the mere consumers of the rent; and when compared with the active world are the drones, a seraglio of males, who neither collect the honey nor form the hive, but exist only for lazy enjoyment.
Mr. Burke, in his first essay, called aristocracy "the Corinthian capital of polished society." Towards completing the figure, he has now added the pillar; but still the base is wanting; and whenever a nation choose to act a Samson, not blind, but bold, down will go the temple of Dagon, the Lords and the Philistines.
If a house of legislation is to be composed of men of one class, for the purpose of protecting a distinct interest, all the other interests should have the same. The inequality, as well as the burthen of taxation, arises from admitting it in one case, and not in all. Had there been a house of farmers, there had been no game laws; or a house of merchants and manufacturers, the taxes had neither been so unequal nor so excessive. It is from the power of taxation being in the hands of those who can throw so great a part of it from their own shoulders, that it has raged without a check.
Men of small or moderate estates are more injured by the taxes being thrown on articles of consumption, than they are eased by warding it from landed property, for the following reasons:
First, They consume more of the productive taxable articles, in proportion to their property, than those of large estates.
Secondly, Their residence is chiefly in towns, and their property in houses; and the increase of the poor-rates, occasioned by taxes on consumption, is in much greater proportion than the land-tax has been favoured. In Birmingham, the poor-rates are not less than seven shillings in the pound. From this, as is already observed, the aristocracy are in a great measure exempt.
These are but a part of the mischiefs flowing from the wretched scheme of an house of peers.
As a combination, it can always throw a considerable portion of taxes from itself; and as an hereditary house, accountable to nobody, it resembles a rotten borough, whose consent is to be courted by interest. There are but few of its members, who are not in some mode or other participators, or disposers of the public money. One turns a candle-holder, or a lord in waiting; another a lord of the bed-chamber, a groom of the stole, or any insignificant nominal office to which a salary is annexed, paid out of the public taxes, and which avoids the direct appearance of corruption. Such situations are derogatory to the character of man; and where they can be submitted to, honour cannot reside.
To all these are to be added the numerous dependants, the long list of younger branches and distant relations, who are to be provided for at the public expense: in short, were an estimation to be made of the charge of aristocracy to a nation, it will be found nearly equal to that of supporting the poor. The Duke of Richmond alone (and there are cases similar to his) takes away as much for himself as would maintain two thousand poor and aged persons. Is it, then, any wonder, that under such a system of government, taxes and rates have multiplied to their present extent?
In stating these matters, I speak an open and disinterested language, dictated by no passion but that of humanity. To me, who have not only refused offers, because I thought them improper, but have declined rewards I might with reputation have accepted, it is no wonder that meanness and imposition appear disgustful. Independence is my happiness, and I view things as they are, without regard to place or person; my country is the world, and my religion is to do good.
Mr. Burke, in speaking of the aristocratical law of primogeniture, says, "it is the standing law of our landed inheritance; and which, without question, has a tendency, and I think," continues he, "a happy tendency, to preserve a character of weight and consequence."
Mr. Burke may call this law what he pleases, but humanity and impartial reflection will denounce it as a law of brutal injustice. Were we not accustomed to the daily practice, and did we only hear of it as the law of some distant part of the world, we should conclude that the legislators of such countries had not arrived at a state of civilisation.
As to its preserving a character of weight and consequence, the case appears to me directly the reverse. It is an attaint upon character; a sort of privateering on family property. It may have weight among dependent tenants, but it gives none on a scale of national, and much less of universal character. Speaking for myself, my parents were not able to give me a shilling, beyond what they gave me in education; and to do this they distressed themselves: yet, I possess more of what is called consequence, in the world, than any one in Mr. Burke's catalogue of aristocrats.
Having thus glanced at some of the defects of the two houses of parliament, I proceed to what is called the crown, upon which I shall be very concise.
It signifies a nominal office of a million sterling a year, the business of which consists in receiving the money. Whether the person be wise or foolish, sane or insane, a native or a foreigner, matters not. Every ministry acts upon the same idea that Mr. Burke writes, namely, that the people must be hood-winked, and held in superstitious ignorance by some bugbear or other; and what is called the crown answers this purpose, and therefore it answers all the purposes to be expected from it. This is more than can be said of the other two branches.
The hazard to which this office is exposed in all countries, is not from anything that can happen to the man, but from what may happen to the nation—the danger of its coming to its senses.
It has been customary to call the crown the executive power, and the custom is continued, though the reason has ceased.
It was called the executive, because the person whom it signified used, formerly, to act in the character of a judge, in administering or executing the laws. The tribunals were then a part of the court. The power, therefore, which is now called the judicial, is what was called the executive and, consequently, one or other of the terms is redundant, and one of the offices useless. When we speak of the crown now, it means nothing; it signifies neither a judge nor a general: besides which it is the laws that govern, and not the man. The old terms are kept up, to give an appearance of consequence to empty forms; and the only effect they have is that of increasing expenses.
Before I proceed to the means of rendering governments more conducive to the general happiness of mankind, than they are at present, it will not be improper to take a review of the progress of taxation in England.
It is a general idea, that when taxes are once laid on, they are never taken off. However true this may have been of late, it was not always so. Either, therefore, the people of former times were more watchful over government than those of the present, or government was administered with less extravagance.
It is now seven hundred years since the Norman conquest, and the establishment of what is called the crown. Taking this portion of time in seven separate periods of one hundred years each, the amount of the annual taxes, at each period, will be as follows:
Annual taxes levied by William the Conqueror,
beginning in the year 1066 L400,000
Annual taxes at 100 years from the conquest (1166) 200,000
Annual taxes at 200 years from the conquest (1266) 150,000
Annual taxes at 300 years from the conquest (1366) 130,000
Annual taxes at 400 years from the conquest (1466) 100,000
These statements and those which follow, are taken from Sir John Sinclair's History of the Revenue; by which it appears, that taxes continued decreasing for four hundred years, at the expiration of which time they were reduced three-fourths, viz., from four hundred thousand pounds to one hundred thousand. The people of England of the present day, have a traditionary and historical idea of the bravery of their ancestors; but whatever their virtues or their vices might have been, they certainly were a people who would not be imposed upon, and who kept governments in awe as to taxation, if not as to principle. Though they were not able to expel the monarchical usurpation, they restricted it to a republican economy of taxes.
Let us now review the remaining three hundred years:
Annual amount of taxes at:
500 years from the conquest (1566) 500,000
600 years from the conquest (1666) 1,800,000
the present time (1791) 17,000,000
English
Before the Hanoverians came to power, land and consumer goods bore nearly equal shares of the taxes, with land bearing a little more. Since then, nearly thirteen millions a year in new taxes have been placed on consumer goods. As a result, the poor have steadily become more numerous and more miserable, and poor-relief rates have risen. Even here, the aristocracy does not bear the same share of the burden as everyone else. Whether in town or country, their homes are away from poor people's homes. They live apart from the suffering and from the cost of relieving it. The burden falls heaviest on manufacturing towns and working villages. In many of them, one group of poor people supports another.
Several of the heaviest taxes, which bring in the most money, are designed to exempt this supposed pillar as it protects itself. The tax on beer brewed for sale does not affect aristocrats, who brew their own without paying it. Only those who lack the space or means to brew and must buy beer in small amounts pay the tax. What will people think of the fairness of taxation when they learn that this one tax, which the aristocracy escapes because of its circumstances, nearly equals the entire land tax? In 1788 it brought in L1,666,152, and it brings in no less now. Add its share of taxes on malt and hops, and it exceeds the land tax. For a tax on a single product, consumed mainly by working people, to equal the tax on all the rent collected in a nation may be unmatched in the history of public revenue.
This is one result of filling a legislative house with people who share a common financial interest. Whatever parties they belong to, on this issue they stand together. Whether a group joins forces to raise a product's price or the wage rate, or to shift its own taxes onto another part of society, the principle and effect are the same. If one practice is illegal, it is hard to see why the other should be allowed.
It does no good to say that tax measures begin in the House of Commons. The other house can always reject them, so it can always protect itself. It would be absurd to suppose its agreement was not secured beforehand. Besides, buying and selling influence over borough elections has given it so much power, and its relatives and associates are so widespread on both sides of the Commons, that it has more power there too on matters affecting its shared interests. That is in addition to its absolute power to reject measures in its own house.
It is hard to know what "the landed interest" means unless it means aristocratic landowners joining forces to put their financial interests against those of farmers and every branch of trade and manufacturing. In every other respect, the land is the one interest that needs no special protection. The whole world protects it. Everyone, whatever their standing, depends on what the earth produces. Men, women, and children of every age and position will turn out to help farmers rather than let the harvest go uncollected. They would not do this for any other kind of property. It is the only interest everyone prays for and the only one that can never fail for lack of help. It concerns not merely human policy but human existence. If it ends, humanity ends with it.
No other interest in a nation has such united support. By comparison, trade, manufacturing, the arts, the sciences, and everything else have only partial support. Their success or decline does not affect everyone in the same way. When the valleys are full of joy, farmers are not the only ones rejoicing: all living things do. This is a kind of prosperity no one envies, which cannot be said of anything else.
Why, then, does Mr. Burke call his House of Peers the pillar of the landed interest? If that pillar sank into the earth, the land would remain. People would still plow, sow, and reap. Aristocrats are not the farmers who work the land and grow its produce. They merely spend the rent. Compared with working people, they are drones: a male harem that neither gathers honey nor builds the hive, and exists only to live in idleness.
In his first essay, Mr. Burke called the aristocracy "the Corinthian capital of polished society." He has now added a pillar to complete the picture, but the base is still missing. Whenever a nation chooses to act like Samson—not blind, but brave—the temple of Dagon will fall, along with the Lords and the Philistines.
If a legislative house is to consist of one class of people to protect a separate interest, every other interest should have its own house too. Both the unfairness and the weight of taxation come from allowing this for one group but not the others. If farmers had a house, there would be no game laws. If merchants and manufacturers had a house, taxes would be neither so unfair nor so high. Taxes have grown unchecked because taxing power belongs to people who can shift so much of the burden off themselves.
People with small or moderate estates lose more from taxes on consumer goods than they gain from keeping taxes off land. There are two reasons:
First, compared with the size of their property, they consume more of the taxable goods produced than people with large estates do.
Second, they mostly live in towns and own houses. The increase in poor-relief rates caused by taxes on consumer goods is far greater than the reduction they receive in land tax. In Birmingham, the poor-relief rates are no less than seven shillings in the pound. As already noted, the aristocracy is largely exempt from this burden.
These are only some of the harms caused by the wretched system of a House of Peers.
As a group with shared interests, it can always shift a large share of taxes away from itself. As an inherited house answerable to no one, it resembles a rotten borough whose agreement must be bought with favors. Few of its members do not receive or distribute public money in some way. One becomes a candle-holder or a lord in waiting. Another becomes a lord of the bedchamber, a groom of the stole, or takes some other meaningless title with a salary paid from public taxes. Such positions hide the obvious appearance of corruption. They degrade human character. Anyone willing to accept them cannot have honor.
Add to these the many dependents, younger relatives, and distant relations who must be supported at public expense. If we estimated the cost of the aristocracy to a nation, we would find it almost equal to the cost of supporting the poor. The Duke of Richmond alone—and there are others like him—takes for himself as much as would support two thousand poor and elderly people. Is it any wonder that taxes and poor-relief rates have grown so high under this system of government?
I speak openly and without seeking personal gain. My only passion in describing these matters is concern for humanity. I have turned down offers because I thought them improper, and even refused rewards I could honorably have accepted. It is no wonder that petty self-interest and deceit disgust me. Independence makes me happy. I see things as they are, without favoring any office or person. The world is my country, and doing good is my religion.
Speaking of the aristocratic law of primogeniture, Mr. Burke says, "it is the standing law of our landed inheritance; and which, without question, has a tendency, and I think," he continues, "a happy tendency, to preserve a character of weight and consequence."
Mr. Burke can call the law whatever he likes. Anyone moved by humanity and thinking fairly will call it a law of brutal injustice. If we were not used to seeing it every day and heard of it only as a law in a distant country, we would conclude that its lawmakers had not yet become civilized.
As for preserving a person's importance and standing, I think it does the opposite. It damages character. It is a kind of private plunder of family property. It may make a person seem important to tenants who depend on him, but not to the nation, much less to the world. My own parents could give me nothing beyond my education, and providing that was a hardship for them. Yet I have more standing in the world than anyone on Mr. Burke's list of aristocrats.
Having briefly examined some faults of the two houses of Parliament, I turn to what is called the crown. I will be brief.
The crown is an office in name only, paid a million sterling a year to receive money. It makes no difference whether the person holding it is wise or foolish, mentally sound or not, born here or abroad. Every ministry follows the idea Mr. Burke writes about: people must be kept in the dark and made fearful and superstitious by some imagined threat. The crown serves that purpose, so it does everything expected of it. More than that cannot be said of the other two branches.
In any country, the danger to this office is not what may happen to its holder. It is what may happen to the nation: people might come to their senses.
People have long called the crown the executive power. They continue using that name even though the reason for it has disappeared.
It was called executive because the person it represented once acted as a judge, administering and enforcing the law. Courts of law were then part of the royal court. So the power now called judicial used to be called executive. One of those terms is therefore unnecessary, and one of the offices serves no purpose. When we speak of the crown today, it means nothing. It represents neither a judge nor a general. Besides, laws govern, not the person who holds the office. The old terms remain to make empty forms seem important. All they do is raise costs.
Before I explain how governments could serve humanity's general happiness better than they do now, it is worth looking back at the history of taxation in England.
People generally think that once a tax is imposed, it is never removed. That may have been true recently, but it was not always true. Either people in earlier times watched their government more closely, or governments spent less wastefully.
It is now seven hundred years since the Norman conquest and the establishment of what is called the crown. Divide that time into seven periods of one hundred years. The annual taxes at each period were as follows:
Annual taxes levied by William the Conqueror,
beginning in the year 1066 L400,000
Annual taxes at 100 years from the conquest (1166) 200,000
Annual taxes at 200 years from the conquest (1266) 150,000
Annual taxes at 300 years from the conquest (1366) 130,000
Annual taxes at 400 years from the conquest (1466) 100,000
These figures and the ones that follow come from Sir John Sinclair's History of the Revenue. They show that taxes kept falling for four hundred years. By the end of that period they had fallen three-fourths, from four hundred thousand pounds to one hundred thousand. People in England today have inherited an idea, supported by history, of their ancestors' bravery. Whatever their virtues and faults, those ancestors certainly would not tolerate being taken advantage of. They kept governments cautious about taxation, even if not about governing principles. They could not remove the monarchy's claim to power, but they kept its taxes down to a level fit for a republic.
Let us look at the remaining three hundred years:
Annual amount of taxes at:
500 years from the conquest (1566) 500,000
600 years from the conquest (1666) 1,800,000
the present time (1791) 17,000,000
Part II: Chapter V, 4
18th-century English
The difference between the first four hundred years and the last three, is so astonishing, as to warrant an opinion, that the national character of the English has changed. It would have been impossible to have dragooned the former English, into the excess of taxation that now exists; and when it is considered that the pay of the army, the navy, and of all the revenue officers, is the same now as it was about a hundred years ago, when the taxes were not above a tenth part of what they are at present, it appears impossible to account for the enormous increase and expenditure on any other ground, than extravagance, corruption, and intrigue.*31
With the Revolution of 1688, and more so since the Hanover succession, came the destructive system of continental intrigues, and the rage for foreign wars and foreign dominion; systems of such secure mystery that the expenses admit of no accounts; a single line stands for millions. To what excess taxation might have extended had not the French revolution contributed to break up the system, and put an end to pretences, is impossible to say. Viewed, as that revolution ought to be, as the fortunate means of lessening the load of taxes of both countries, it is of as much importance to England as to France; and, if properly improved to all the advantages of which it is capable, and to which it leads, deserves as much celebration in one country as the other.
In pursuing this subject, I shall begin with the matter that first presents itself, that of lessening the burthen of taxes; and shall then add such matter and propositions, respecting the three countries of England, France, and America, as the present prospect of things appears to justify: I mean, an alliance of the three, for the purposes that will be mentioned in their proper place.
What has happened may happen again. By the statement before shown of the progress of taxation, it is seen that taxes have been lessened to a fourth part of what they had formerly been. Though the present circumstances do not admit of the same reduction, yet they admit of such a beginning, as may accomplish that end in less time than in the former case.
The amount of taxes for the year ending at Michaelmas 1788, was as follows:
Land-tax L 1,950,000
Customs 3,789,274
Excise (including old and new malt) 6,751,727
Stamps 1,278,214
Miscellaneous taxes and incidents 1,803,755
—————-
L15,572,755
Since the year 1788, upwards of one million new taxes have been laid on, besides the produce of the lotteries; and as the taxes have in general been more productive since than before, the amount may be taken, in round numbers, at L17,000,000. (The expense of collection and the drawbacks, which together amount to nearly two millions, are paid out of the gross amount; and the above is the net sum paid into the exchequer). This sum of seventeen millions is applied to two different purposes; the one to pay the interest of the National Debt, the other to the current expenses of each year. About nine millions are appropriated to the former; and the remainder, being nearly eight millions, to the latter. As to the million, said to be applied to the reduction of the debt, it is so much like paying with one hand and taking out with the other, as not to merit much notice. It happened, fortunately for France, that she possessed national domains for paying off her debt, and thereby lessening her taxes; but as this is not the case with England, her reduction of taxes can only take place by reducing the current expenses, which may now be done to the amount of four or five millions annually, as will hereafter appear. When this is accomplished it will more than counter-balance the enormous charge of the American war; and the saving will be from the same source from whence the evil arose. As to the national debt, however heavy the interest may be in taxes, yet, as it serves to keep alive a capital useful to commerce, it balances by its effects a considerable part of its own weight; and as the quantity of gold and silver is, by some means or other, short of its proper proportion, being not more than twenty millions, whereas it should be sixty (foreign intrigue, foreign wars, foreign dominions, will in a great measure account for the deficiency), it would, besides the injustice, be bad policy to extinguish a capital that serves to supply that defect. But with respect to the current expense, whatever is saved therefrom is gain. The excess may serve to keep corruption alive, but it has no re-action on credit and commerce, like the interest of the debt.
It is now very probable that the English Government (I do not mean the nation) is unfriendly to the French Revolution. Whatever serves to expose the intrigue and lessen the influence of courts, by lessening taxation, will be unwelcome to those who feed upon the spoil. Whilst the clamour of French intrigue, arbitrary power, popery, and wooden shoes could be kept up, the nation was easily allured and alarmed into taxes. Those days are now past: deception, it is to be hoped, has reaped its last harvest, and better times are in prospect for both countries, and for the world.
Taking it for granted that an alliance may be formed between England, France, and America for the purposes hereafter to be mentioned, the national expenses of France and England may consequently be lessened. The same fleets and armies will no longer be necessary to either, and the reduction can be made ship for ship on each side. But to accomplish these objects the governments must necessarily be fitted to a common and correspondent principle. Confidence can never take place while an hostile disposition remains in either, or where mystery and secrecy on one side is opposed to candour and openness on the other.
These matters admitted, the national expenses might be put back, for the sake of a precedent, to what they were at some period when France and England were not enemies. This, consequently, must be prior to the Hanover succession, and also to the Revolution of 1688.*32 The first instance that presents itself, antecedent to those dates, is in the very wasteful and profligate times of Charles the Second; at which time England and France acted as allies. If I have chosen a period of great extravagance, it will serve to show modern extravagance in a still worse light; especially as the pay of the navy, the army, and the revenue officers has not increased since that time.
The peace establishment was then as follows (see Sir John Sinclair's History of the Revenue):
Navy L 300,000
Army 212,000
Ordnance 40,000
Civil List 462,115
———-
L1,014,115
The parliament, however, settled the whole annual peace establishment at $1,200,000.*33 If we go back to the time of Elizabeth the amount of all the taxes was but half a million, yet the nation sees nothing during that period that reproaches it with want of consequence.
All circumstances, then, taken together, arising from the French revolution, from the approaching harmony and reciprocal interest of the two nations, the abolition of the court intrigue on both sides, and the progress of knowledge in the science of government, the annual expenditure might be put back to one million and a half, viz.:
Navy L 500,000
Army 500,000
Expenses of Government 500,000
—————
L1,500,000
Even this sum is six times greater than the expenses of government are in America, yet the civil internal government in England (I mean that administered by means of quarter sessions, juries and assize, and which, in fact, is nearly the whole, and performed by the nation), is less expense upon the revenue, than the same species and portion of government is in America.
It is time that nations should be rational, and not be governed like animals, for the pleasure of their riders. To read the history of kings, a man would be almost inclined to suppose that government consisted in stag-hunting, and that every nation paid a million a-year to a huntsman. Man ought to have pride, or shame enough to blush at being thus imposed upon, and when he feels his proper character he will. Upon all subjects of this nature, there is often passing in the mind, a train of ideas he has not yet accustomed himself to encourage and communicate. Restrained by something that puts on the character of prudence, he acts the hypocrite upon himself as well as to others. It is, however, curious to observe how soon this spell can be dissolved. A single expression, boldly conceived and uttered, will sometimes put a whole company into their proper feelings: and whole nations are acted on in the same manner.
As to the offices of which any civil government may be composed, it matters but little by what names they are described. In the routine of business, as before observed, whether a man be styled a president, a king, an emperor, a senator, or anything else, it is impossible that any service he can perform, can merit from a nation more than ten thousand pounds a year; and as no man should be paid beyond his services, so every man of a proper heart will not accept more. Public money ought to be touched with the most scrupulous consciousness of honour. It is not the produce of riches only, but of the hard earnings of labour and poverty. It is drawn even from the bitterness of want and misery. Not a beggar passes, or perishes in the streets, whose mite is not in that mass.
Were it possible that the Congress of America could be so lost to their duty, and to the interest of their constituents, as to offer General Washington, as president of America, a million a year, he would not, and he could not, accept it. His sense of honour is of another kind. It has cost England almost seventy millions sterling, to maintain a family imported from abroad, of very inferior capacity to thousands in the nation; and scarcely a year has passed that has not produced some new mercenary application. Even the physicians' bills have been sent to the public to be paid. No wonder that jails are crowded, and taxes and poor-rates increased. Under such systems, nothing is to be looked for but what has already happened; and as to reformation, whenever it come, it must be from the nation, and not from the government.
To show that the sum of five hundred thousand pounds is more than sufficient to defray all the expenses of the government, exclusive of navies and armies, the following estimate is added, for any country, of the same extent as England.
In the first place, three hundred representatives fairly elected, are sufficient for all the purposes to which legislation can apply, and preferable to a larger number. They may be divided into two or three houses, or meet in one, as in France, or in any manner a constitution shall direct.
As representation is always considered, in free countries, as the most honourable of all stations, the allowance made to it is merely to defray the expense which the representatives incur by that service, and not to it as an office.
If an allowance, at the rate of five hundred pounds per
annum, be made to every representative, deducting for
non-attendance, the expense, if the whole number
attended for six months, each year, would be L 75,00
The official departments cannot reasonably exceed the
following number, with the salaries annexed:
Three offices at ten thousand pounds each L 30,000
Ten ditto, at five thousand pounds each 50,000
Twenty ditto, at two thousand pounds each 40,000
Forty ditto, at one thousand pounds each 40,000
Two hundred ditto, at five hundred pounds each 100,000
Three hundred ditto, at two hundred pounds each 60,000
Five hundred ditto, at one hundred pounds each 50,000
Seven hundred ditto, at seventy-five pounds each 52,500
————
L497,500
If a nation choose, it can deduct four per cent. from all offices, and make one of twenty thousand per annum.
All revenue officers are paid out of the monies they collect, and therefore, are not in this estimation.
The foregoing is not offered as an exact detail of offices, but to show the number of rate of salaries which five hundred thousand pounds will support; and it will, on experience, be found impracticable to find business sufficient to justify even this expense. As to the manner in which office business is now performed, the Chiefs, in several offices, such as the post-office, and certain offices in the exchequer, etc., do little more than sign their names three or four times a year; and the whole duty is performed by under-clerks.
Taking, therefore, one million and a half as a sufficient peace establishment for all the honest purposes of government, which is three hundred thousand pounds more than the peace establishment in the profligate and prodigal times of Charles the Second (notwithstanding, as has been already observed, the pay and salaries of the army, navy, and revenue officers, continue the same as at that period), there will remain a surplus of upwards of six millions out of the present current expenses. The question then will be, how to dispose of this surplus.
Whoever has observed the manner in which trade and taxes twist themselves together, must be sensible of the impossibility of separating them suddenly.
First. Because the articles now on hand are already charged with the duty, and the reduction cannot take place on the present stock.
English
The difference between the first four hundred years and the last three is so remarkable that it suggests the character of the English people has changed. Earlier English people could not have been forced by soldiers to pay today's high taxes. Consider also that the pay of the army, navy, and all tax collectors is the same now as it was about a hundred years ago, when taxes were no more than a tenth of today's level. The only way to explain the enormous rise in taxation and spending seems to be waste, corruption, and political scheming.*31
The Revolution of 1688, and still more the Hanover succession, brought a ruinous pattern of scheming in European affairs and a passion for foreign wars and foreign rule. These practices are hidden so thoroughly that no one can account for the expenses. A single entry covers millions. It is impossible to say how high taxes might have risen if the French Revolution had not helped break up this system and end its excuses. We should see that revolution as a welcome way to lower the tax burden in both countries. It matters as much to England as to France. If we use all the opportunities it offers, it deserves to be celebrated just as much in England as in France.
I will begin with the most obvious part of this subject: reducing taxes. Then I will offer proposals about England, France, and America that the current situation seems to support. I mean an alliance among the three countries, for purposes I will explain in due course.
What happened before can happen again. The account I gave earlier of changes in taxation shows that taxes were once cut to a quarter of their former level. Today's circumstances do not allow an equally large cut at once. But they allow us to start on a course that could reach that goal in less time than it took before.
Taxes for the year ending at Michaelmas 1788 were as follows:
Land tax L 1,950,000
Customs 3,789,274
Excise, including old and new malt 6,751,727
Stamps 1,278,214
Other taxes and miscellaneous income 1,803,755
—————-
L15,572,755
Since 1788, more than one million pounds in new taxes have been imposed, apart from the proceeds of lotteries. Taxes have also generally raised more money since then than before. So we can round the total to L17,000,000. (The cost of collecting taxes and the refunds on them, which together come to nearly two million pounds, are paid out of gross receipts. The amount above is the net payment to the treasury.) These seventeen million pounds serve two purposes: paying interest on the National Debt and meeting current yearly expenses. About nine million goes to interest; the remaining nearly eight million goes to current expenses. The million pounds supposedly used to reduce the debt hardly deserves mention: it is like paying with one hand and taking the money back with the other. France was fortunate to own public lands that could pay off its debt and lower its taxes. England has no such lands, so it can lower taxes only by cutting current expenses. As I will show, it can now cut them by four or five million pounds a year. That saving would more than offset the huge cost of the American war. It would come from the same area of spending that caused the problem. Interest on the National Debt is a heavy tax burden. But the debt also keeps money available for use in commerce, which offsets much of that burden. Moreover, for one reason or another, there is less gold and silver in the country than there should be: only twenty million pounds' worth instead of sixty million. Foreign schemes, wars, and territories largely explain the shortage. Eliminating the debt that helps make up for this lack of money would therefore be unjust and bad policy. Current expenses are different: any savings there are a gain. Excess spending may sustain corruption, but unlike debt interest, it does not benefit credit and commerce in return.
The English Government, though not the English nation, is now very likely hostile to the French Revolution. Anything that exposes the scheming of royal courts and cuts their influence by reducing taxes will displease people who live off what they take from the public. As long as they could stir up cries of French scheming, absolute power, Catholicism, and wooden shoes, it was easy to frighten and lure the nation into paying taxes. Those days are over. We can hope deception has gathered its last harvest and that better times lie ahead for both countries and for the world.
Suppose England, France, and America form an alliance for the purposes I will describe later. France and England could then reduce their national expenses. Neither would need the same fleets and armies, and each could reduce its forces ship for ship alongside the other. To do this, though, their governments must follow shared and compatible principles. Trust cannot grow while either side remains hostile, or while one side hides its actions and the other acts openly and honestly.
Given these assumptions, we could use a period when France and England were not enemies as a model for national spending. That would have to be before the Hanover succession and before the Revolution of 1688.*32 The first example from before those dates is the very wasteful and corrupt reign of Charles the Second, when England and France were allies. Choosing such an extravagant period will make today's extravagance look even worse. This is especially true because the pay of the navy, army, and tax collectors has not risen since then.
The peacetime budget then was as follows (see Sir John Sinclair's History of the Revenue):
Navy L 300,000
Army 212,000
Ordnance 40,000
Civil List 462,115
———-
L1,014,115
Parliament, however, set the full yearly peacetime budget at $1,200,000.*33 If we go back to Elizabeth's reign, all taxes together came to only half a million pounds. Yet the nation sees nothing in that period that suggests it lacked importance.
Consider all these factors together: the French Revolution, the prospect of cooperation and shared interests between the two nations, the end of court intrigue on both sides, and advances in our understanding of government. Yearly spending could be brought down to one and a half million pounds:
Navy L 500,000
Army 500,000
Government expenses 500,000
—————
L1,500,000
Even this total is six times what government costs in America. Yet local civil government in England costs the public treasury less than the equivalent part of government in America. By local civil government I mean the work done through quarter sessions, juries, and assizes. That is almost all internal government in England, and the people themselves perform it.
It is time for nations to act reasonably instead of letting rulers ride them like animals for pleasure. Reading the history of kings, you could almost think government meant hunting deer, with every nation paying a huntsman a million a year. People should have enough pride, or enough shame, to blush at being fooled this way. Once they understand their own worth, they will. On issues like this, people often have thoughts they have not yet learned to welcome or share. Held back by something that seems like caution, a person pretends to himself as well as to others. It is striking how quickly that spell can break. Sometimes one bold, plainly spoken thought can make a whole group recognize what it really feels. The same thing happens to entire nations.
The titles given to positions in a civilian government matter very little. As I said earlier, in the ordinary work of government, no president, king, emperor, senator, or anyone else could possibly give a nation services worth more than ten thousand pounds a year. No one should be paid more than the value of his services, and a decent person would not accept more. Public money should be handled with the greatest care and integrity. It comes not just from the wealthy but also from the hard work of laborers and the poor. It is taken even from people suffering from want and misery. Every beggar who walks or dies in the streets has contributed a small share of it.
Suppose the American Congress so completely betrayed its duty and its constituents that it offered General Washington a million pounds a year as president of America. He would not and could not accept it. He has a different sense of honor. England has spent almost seventy million pounds sterling supporting a family brought in from abroad, a family far less capable than thousands of people in the nation. Hardly a year passes without a new demand for money from them. Even their doctors' bills have been sent to the public for payment. It is no wonder that jails are full and taxes and poor-rates rise. Such a system can produce only the results we have already seen. Reform, when it comes, must come from the nation, not the government.
To show that five hundred thousand pounds is more than enough to cover all government costs apart from the navy and army, here is an estimate for any country the size of England.
First, three hundred fairly elected representatives are enough for all legislative business and better than a larger number. They could sit in two or three chambers, meet in one as in France, or follow any other arrangement set by the constitution.
In free countries, serving as a representative is considered the highest honor. Any allowance is meant only to cover representatives' expenses in doing the job, not to pay them for holding office.
If every representative receives an allowance of five hundred pounds
a year, with deductions for missed sessions, and all of them
attend for six months each year, the cost will be L 75,00
The administrative departments cannot reasonably need more
than the following positions, with the stated salaries:
Three positions at ten thousand pounds each L 30,000
Ten at five thousand pounds each 50,000
Twenty at two thousand pounds each 40,000
Forty at one thousand pounds each 40,000
Two hundred at five hundred pounds each 100,000
Three hundred at two hundred pounds each 60,000
Five hundred at one hundred pounds each 50,000
Seven hundred at seventy-five pounds each 52,500
————
L497,500
If a nation wishes, it can take four percent from the pay of all these positions and create one position paying twenty thousand pounds a year.
Tax collectors are paid from the money they collect and are therefore not included in this estimate.
This is not intended as an exact list of positions. It shows how many positions and what rates of pay five hundred thousand pounds can support. Experience would show that there is not enough work to justify even that cost. As government offices now operate, the heads of several departments, including the post office and certain treasury offices, do little more than sign their names three or four times a year. Lower-level clerks do all the work.
One and a half million pounds, then, is enough for all honest purposes of peacetime government. This is three hundred thousand pounds more than the peacetime budget during the extravagant and wasteful reign of Charles the Second. As noted, pay in the army and navy and salaries for tax collectors are still at the same levels as then. More than six million pounds would remain from today's current expenses. The question is what to do with that surplus.
Anyone who has seen how deeply trade and taxes are intertwined must realize we cannot separate them all at once.
First. Goods already in stock have already been taxed. A tax reduction cannot lower the tax on those goods.
Part II: Chapter V, 5
18th-century English
Secondly. Because, on all those articles on which the duty is charged in the gross, such as per barrel, hogshead, hundred weight, or ton, the abolition of the duty does not admit of being divided down so as fully to relieve the consumer, who purchases by the pint, or the pound. The last duty laid on strong beer and ale was three shillings per barrel, which, if taken off, would lessen the purchase only half a farthing per pint, and consequently, would not reach to practical relief.
This being the condition of a great part of the taxes, it will be necessary to look for such others as are free from this embarrassment and where the relief will be direct and visible, and capable of immediate operation.
In the first place, then, the poor-rates are a direct tax which every house-keeper feels, and who knows also, to a farthing, the sum which he pays. The national amount of the whole of the poor-rates is not positively known, but can be procured. Sir John Sinclair, in his History of the Revenue has stated it at L2,100,587. A considerable part of which is expended in litigations, in which the poor, instead of being relieved, are tormented. The expense, however, is the same to the parish from whatever cause it arises.
In Birmingham, the amount of poor-rates is fourteen thousand pounds a year. This, though a large sum, is moderate, compared with the population. Birmingham is said to contain seventy thousand souls, and on a proportion of seventy thousand to fourteen thousand pounds poor-rates, the national amount of poor-rates, taking the population of England as seven millions, would be but one million four hundred thousand pounds. It is, therefore, most probable, that the population of Birmingham is over-rated. Fourteen thousand pounds is the proportion upon fifty thousand souls, taking two millions of poor-rates, as the national amount.
Be it, however, what it may, it is no other than the consequence of excessive burthen of taxes, for, at the time when the taxes were very low, the poor were able to maintain themselves; and there were no poor-rates.*34 In the present state of things a labouring man, with a wife or two or three children, does not pay less than between seven and eight pounds a year in taxes. He is not sensible of this, because it is disguised to him in the articles which he buys, and he thinks only of their dearness; but as the taxes take from him, at least, a fourth part of his yearly earnings, he is consequently disabled from providing for a family, especially, if himself, or any of them, are afflicted with sickness.
The first step, therefore, of practical relief, would be to abolish the poor-rates entirely, and in lieu thereof, to make a remission of taxes to the poor of double the amount of the present poor-rates, viz., four millions annually out of the surplus taxes. By this measure, the poor would be benefited two millions, and the house-keepers two millions. This alone would be equal to a reduction of one hundred and twenty millions of the National Debt, and consequently equal to the whole expense of the American War.
It will then remain to be considered, which is the most effectual mode of distributing this remission of four millions.
It is easily seen, that the poor are generally composed of large families of children, and old people past their labour. If these two classes are provided for, the remedy will so far reach to the full extent of the case, that what remains will be incidental, and, in a great measure, fall within the compass of benefit clubs, which, though of humble invention, merit to be ranked among the best of modern institutions.
Admitting England to contain seven millions of souls; if one-fifth thereof are of that class of poor which need support, the number will be one million four hundred thousand. Of this number, one hundred and forty thousand will be aged poor, as will be hereafter shown, and for which a distinct provision will be proposed.
There will then remain one million two hundred and sixty thousand which, at five souls to each family, amount to two hundred and fifty-two thousand families, rendered poor from the expense of children and the weight of taxes.
The number of children under fourteen years of age, in each of those families, will be found to be about five to every two families; some having two, and others three; some one, and others four: some none, and others five; but it rarely happens that more than five are under fourteen years of age, and after this age they are capable of service or of being apprenticed.
Allowing five children (under fourteen years) to every two families,
The number of children will be 630,000
The number of parents, were they all living, would be 504,000
It is certain, that if the children are provided for, the parents are relieved of consequence, because it is from the expense of bringing up children that their poverty arises.
Having thus ascertained the greatest number that can be supposed to need support on account of young families, I proceed to the mode of relief or distribution, which is,
To pay as a remission of taxes to every poor family, out of the surplus taxes, and in room of poor-rates, four pounds a year for every child under fourteen years of age; enjoining the parents of such children to send them to school, to learn reading, writing, and common arithmetic; the ministers of every parish, of every denomination to certify jointly to an office, for that purpose, that this duty is performed. The amount of this expense will be,
For six hundred and thirty thousand children
at four pounds per annum each L2,520,000
By adopting this method, not only the poverty of the parents will be relieved, but ignorance will be banished from the rising generation, and the number of poor will hereafter become less, because their abilities, by the aid of education, will be greater. Many a youth, with good natural genius, who is apprenticed to a mechanical trade, such as a carpenter, joiner, millwright, shipwright, blacksmith, etc., is prevented getting forward the whole of his life from the want of a little common education when a boy.
I now proceed to the case of the aged.
I divide age into two classes. First, the approach of age, beginning at fifty. Secondly, old age commencing at sixty.
At fifty, though the mental faculties of man are in full vigour, and his judgment better than at any preceding date, the bodily powers for laborious life are on the decline. He cannot bear the same quantity of fatigue as at an earlier period. He begins to earn less, and is less capable of enduring wind and weather; and in those more retired employments where much sight is required, he fails apace, and sees himself, like an old horse, beginning to be turned adrift.
At sixty his labour ought to be over, at least from direct necessity. It is painful to see old age working itself to death, in what are called civilised countries, for daily bread.
To form some judgment of the number of those above fifty years of age, I have several times counted the persons I met in the streets of London, men, women, and children, and have generally found that the average is about one in sixteen or seventeen. If it be said that aged persons do not come much into the streets, so neither do infants; and a great proportion of grown children are in schools and in work-shops as apprentices. Taking, then, sixteen for a divisor, the whole number of persons in England of fifty years and upwards, of both sexes, rich and poor, will be four hundred and twenty thousand.
The persons to be provided for out of this gross number will be husbandmen, common labourers, journeymen of every trade and their wives, sailors, and disbanded soldiers, worn out servants of both sexes, and poor widows.
There will be also a considerable number of middling tradesmen, who having lived decently in the former part of life, begin, as age approaches, to lose their business, and at last fall to decay.
Besides these there will be constantly thrown off from the revolutions of that wheel which no man can stop nor regulate, a number from every class of life connected with commerce and adventure.
To provide for all those accidents, and whatever else may befall, I take the number of persons who, at one time or other of their lives, after fifty years of age, may feel it necessary or comfortable to be better supported, than they can support themselves, and that not as a matter of grace and favour, but of right, at one-third of the whole number, which is one hundred and forty thousand, as stated in a previous page, and for whom a distinct provision was proposed to be made. If there be more, society, notwithstanding the show and pomposity of government, is in a deplorable condition in England.
Of this one hundred and forty thousand, I take one half, seventy thousand, to be of the age of fifty and under sixty, and the other half to be sixty years and upwards. Having thus ascertained the probable proportion of the number of aged persons, I proceed to the mode of rendering their condition comfortable, which is:
To pay to every such person of the age of fifty years, and until he shall arrive at the age of sixty, the sum of six pounds per annum out of the surplus taxes, and ten pounds per annum during life after the age of sixty. The expense of which will be,
Seventy thousand persons, at L6 per annum L 420,000
Seventy thousand persons, at L10 per annum 700,000
———-
L1,120,000
This support, as already remarked, is not of the nature of a charity but of a right. Every person in England, male and female, pays on an average in taxes two pounds eight shillings and sixpence per annum from the day of his (or her) birth; and, if the expense of collection be added, he pays two pounds eleven shillings and sixpence; consequently, at the end of fifty years he has paid one hundred and twenty-eight pounds fifteen shillings; and at sixty one hundred and fifty-four pounds ten shillings. Converting, therefore, his (or her) individual tax in a tontine, the money he shall receive after fifty years is but little more than the legal interest of the net money he has paid; the rest is made up from those whose circumstances do not require them to draw such support, and the capital in both cases defrays the expenses of government. It is on this ground that I have extended the probable claims to one-third of the number of aged persons in the nation.—Is it, then, better that the lives of one hundred and forty thousand aged persons be rendered comfortable, or that a million a year of public money be expended on any one individual, and him often of the most worthless or insignificant character? Let reason and justice, let honour and humanity, let even hypocrisy, sycophancy and Mr. Burke, let George, let Louis, Leopold, Frederic, Catherine, Cornwallis, or Tippoo Saib, answer the question.*35
The sum thus remitted to the poor will be,
To two hundred and fifty-two thousand poor families,
containing six hundred and thirty thousand children L2,520,000
To one hundred and forty thousand aged persons 1,120,000
—————
L3,640,000
There will then remain three hundred and sixty thousand pounds out of the four millions, part of which may be applied as follows:—
After all the above cases are provided for there will still be a number of families who, though not properly of the class of poor, yet find it difficult to give education to their children; and such children, under such a case, would be in a worse condition than if their parents were actually poor. A nation under a well-regulated government should permit none to remain uninstructed. It is monarchical and aristocratical government only that requires ignorance for its support.
Suppose, then, four hundred thousand children to be in this condition, which is a greater number than ought to be supposed after the provisions already made, the method will be:
To allow for each of those children ten shillings a year for the expense of schooling for six years each, which will give them six months schooling each year, and half a crown a year for paper and spelling books.
The expense of this will be annually L250,000.*36
There will then remain one hundred and ten thousand pounds.
Notwithstanding the great modes of relief which the best instituted and best principled government may devise, there will be a number of smaller cases, which it is good policy as well as beneficence in a nation to consider.
Were twenty shillings to be given immediately on the birth of a child, to every woman who should make the demand, and none will make it whose circumstances do not require it, it might relieve a great deal of instant distress.
There are about two hundred thousand births yearly in England; and if claimed by one fourth,
The amount would be L50,000
And twenty shillings to every new-married couple who should claim in like manner. This would not exceed the sum of L20,000.
Also twenty thousand pounds to be appropriated to defray the funeral expenses of persons, who, travelling for work, may die at a distance from their friends. By relieving parishes from this charge, the sick stranger will be better treated.
I shall finish this part of the subject with a plan adapted to the particular condition of a metropolis, such as London.
English
Second. Many taxes are charged on large quantities, such as a barrel, a hogshead, a hundredweight, or a ton. If these taxes were abolished, the saving could not be divided up finely enough to give full relief to someone buying a pint or a pound. The last tax on strong beer and ale was three shillings per barrel. Removing it would reduce the price by only half a farthing per pint, too little to offer any practical relief.
Since this is true of many taxes, we must find others without this problem, where people would see and feel the benefit immediately.
First, poor-rates are a direct tax paid by every householder, who knows exactly how much he pays, down to the farthing. We do not know the precise nationwide total of poor-rates, but it could be found. Sir John Sinclair gives a figure of L2,100,587 in his History of the Revenue. Much of this money is spent on lawsuits that harass the poor instead of helping them. Whatever its cause, the cost to the parish is the same.
In Birmingham, poor-rates total fourteen thousand pounds a year. That is a large sum but modest for the size of the population. Birmingham is said to have seventy thousand people. If seventy thousand people pay fourteen thousand pounds in poor-rates, then, with England's population at seven million, the national total would be just one million four hundred thousand pounds. It is therefore very likely that Birmingham's population is overestimated. If the national total for poor-rates is two million, fourteen thousand pounds would be the share for fifty thousand people.
Whatever the true figure, these poor-rates are simply the result of excessive taxation. When taxes were very low, poor people could support themselves and there were no poor-rates.*34 Today, a working man with a wife and two or three children pays between seven and eight pounds a year in taxes at a minimum. He does not realize it because taxes are hidden in the prices of what he buys. He notices only that things are expensive. But taxes take at least a quarter of his yearly earnings. As a result, he cannot support a family, especially if he or anyone in it falls ill.
The first practical step toward relief, then, is to abolish poor-rates entirely. In their place, use surplus tax revenue to return to poor people twice the current amount of the poor-rates: four million pounds a year. Poor people would gain two million pounds and householders would gain two million. This measure alone would be equivalent to reducing the National Debt by one hundred and twenty million pounds, the full cost of the American War.
We must next decide the best way to distribute these four million pounds in tax relief.
Most poor people belong either to large families with children or to a group of older people who can no longer work. If we provide for both groups, we will address nearly the whole problem. The remaining cases will be occasional ones. Many of them can be handled by mutual-aid clubs, which, despite their modest origins, deserve a place among the best modern institutions.
Suppose England has seven million people. If one-fifth are poor people who need support, that makes one million four hundred thousand. Of these, one hundred and forty thousand are older people in poverty, as I will show later, and I will propose separate support for them.
That leaves one million two hundred and sixty thousand. At five people per family, this comes to two hundred and fifty-two thousand families made poor by the costs of raising children and the weight of taxes.
Across these families, there will be about five children under fourteen for every two families. Some have two and others three; some have one and others four; some have none and others five. More than five children under fourteen in one family is rare. After fourteen they can work as servants or become apprentices.
Allowing five children under fourteen for every two families,
The number of children will be 630,000
The number of parents, if all were alive, would be 504,000
Clearly, supporting the children will also relieve their parents. The cost of raising children is what makes these families poor.
I have now estimated the largest number likely to need support because they have young families. Here is how to provide and distribute that support:
Pay every poor family four pounds a year for each child under fourteen. The payment would come from surplus taxes, as a tax refund replacing poor-rates. Require parents to send these children to school to learn reading, writing, and basic arithmetic. Ministers of every denomination in each parish would jointly certify to an office established for this purpose that the children attend school. The cost would be:
For six hundred and thirty thousand children
at four pounds a year each L2,520,000
This approach would not only ease the parents' poverty. It would also end ignorance among the next generation. There would be fewer poor people in the future because education would improve their ability to earn a living. Many gifted young apprentices in trades such as carpentry, joinery, mill-building, shipbuilding, and blacksmithing are held back for their entire lives because they lacked a little basic education as boys.
I turn now to older people.
I divide aging into two stages. First comes the approach of old age, starting at fifty. Second comes old age itself, starting at sixty.
At fifty, a person's mind is still in full strength, and his judgment is better than ever before. But his physical ability to do hard work is declining. He cannot withstand as much fatigue as he could when younger. He begins to earn less and can endure wind and weather less easily. Jobs carried out indoors that demand good eyesight also become harder. Like an old horse, he sees himself starting to be put out to pasture.
At sixty, no one should have to work from necessity. It is painful to see older people in so-called civilized countries working themselves to death just to eat each day.
To estimate how many people are over fifty, I have several times counted the men, women, and children I met on London's streets. I generally found that about one in sixteen or seventeen were over fifty. Someone might say that older people are seldom out on the streets. But neither are infants, and many older children are at school or apprenticed in workshops. If one in sixteen people is fifty or older, England has four hundred and twenty thousand such people, women and men, rich and poor.
Those who need support out of that total include farmers, ordinary laborers, workers in every trade and their wives, sailors, discharged soldiers, former servants of both sexes who can no longer work, and poor widows.
There will also be quite a few shopkeepers and tradespeople of modest means. They may have lived comfortably in the first part of their lives, but as they age, they begin to lose business and eventually become poor.
Besides them, the unpredictable changes of commerce and risky ventures, which no one can stop or control, will continually leave people from every social group in need.
To cover all such setbacks, and whatever else may happen, I estimate how many people over fifty might at some point need or want more support than they can provide for themselves. They should receive it as a right, not as a favor or charity. I put the number at one-third of all older people, or one hundred and forty thousand. I mentioned this number earlier and proposed separate support for them. If the true number is higher, then, despite all the display and grandeur of government, England's society is in a terrible state.
I estimate that half of this one hundred and forty thousand, or seventy thousand, are fifty to fifty-nine. The other half are sixty or older. Having estimated these numbers, I now explain how to make their lives comfortable:
Pay each qualifying person six pounds a year from the surplus taxes from age fifty up to age sixty, and ten pounds a year for life after sixty. The cost would be:
Seventy thousand people, at L6 a year L 420,000
Seventy thousand people, at L10 a year 700,000
———-
L1,120,000
As I have said, this support is a right, not charity. From birth, every person in England, male or female, pays an average of two pounds eight shillings and sixpence a year in taxes. Including collection costs, each pays two pounds eleven shillings and sixpence. So by age fifty that person has paid one hundred and twenty-eight pounds fifteen shillings; by sixty, one hundred and fifty-four pounds ten shillings. Treat each person's tax payments as an investment in a shared lifetime-income fund. After fifty, what the person receives is only a little more than the legal interest on the net taxes that person has paid. The rest comes from people who do not need to claim this support. In both cases, the original tax payments also cover government expenses. That is why I estimate that one-third of the country's older people may claim this support. Which is better: making one hundred and forty thousand older people's lives comfortable, or spending a million pounds of public money each year on one person who is often worthless or unimportant? Let reason and justice answer; let honor and humanity answer. Let even hypocrisy, flattery, and Mr. Burke answer. Let George, Louis, Leopold, Frederic, Catherine, Cornwallis, or Tippoo Saib answer.*35
The total returned to poor people would be:
For two hundred and fifty-two thousand poor families,
with six hundred and thirty thousand children L2,520,000
For one hundred and forty thousand older people 1,120,000
—————
L3,640,000
That leaves three hundred and sixty thousand pounds out of the four million. Part of it could be used as follows:
Even after providing for all these cases, some families will struggle to educate their children, though they are not strictly poor. Those children would otherwise be worse off than children whose parents actually qualify as poor. A country with a well-run government should not let anyone grow up without an education. Only monarchy and aristocracy need ignorance to stay in power.
Suppose four hundred thousand children are in this position. That is more than we should expect after the help already proposed. Here is what we should do:
Give ten shillings a year toward schooling for each of these children for six years. This will pay for six months of school each year. Give another half a crown a year for paper and spelling books.
The yearly cost would be L250,000.*36
That leaves one hundred and ten thousand pounds.
Even the best-designed government with the best principles cannot prevent every small case of hardship, however much relief it provides. A nation should attend to these cases both as a wise policy and as an act of kindness.
Giving twenty shillings at the birth of a child to every woman who requests it could relieve much immediate hardship. Women who do not need it would not ask for it.
About two hundred thousand children are born each year in England. If one-fourth of the mothers claimed the payment,
The cost would be L50,000
Give twenty shillings as well to every newly married couple who claims it on the same terms. This would cost no more than L20,000.
Also set aside twenty thousand pounds to pay for funerals for people who travel for work and die far from their friends. If parishes no longer have to pay this expense, they will treat sick strangers better.
I will end this part with a plan designed for the particular needs of a large city such as London.
Part II: Chapter V, 6
18th-century English
Cases are continually occurring in a metropolis, different from those which occur in the country, and for which a different, or rather an additional, mode of relief is necessary. In the country, even in large towns, people have a knowledge of each other, and distress never rises to that extreme height it sometimes does in a metropolis. There is no such thing in the country as persons, in the literal sense of the word, starved to death, or dying with cold from the want of a lodging. Yet such cases, and others equally as miserable, happen in London.
Many a youth comes up to London full of expectations, and with little or no money, and unless he get immediate employment he is already half undone; and boys bred up in London without any means of a livelihood, and as it often happens of dissolute parents, are in a still worse condition; and servants long out of place are not much better off. In short, a world of little cases is continually arising, which busy or affluent life knows not of, to open the first door to distress. Hunger is not among the postponable wants, and a day, even a few hours, in such a condition is often the crisis of a life of ruin.
These circumstances which are the general cause of the little thefts and pilferings that lead to greater, may be prevented. There yet remain twenty thousand pounds out of the four millions of surplus taxes, which with another fund hereafter to be mentioned, amounting to about twenty thousand pounds more, cannot be better applied than to this purpose. The plan will then be:
First, To erect two or more buildings, or take some already erected, capable of containing at least six thousand persons, and to have in each of these places as many kinds of employment as can be contrived, so that every person who shall come may find something which he or she can do.
Secondly, To receive all who shall come, without enquiring who or what they are. The only condition to be, that for so much, or so many hours' work, each person shall receive so many meals of wholesome food, and a warm lodging, at least as good as a barrack. That a certain portion of what each person's work shall be worth shall be reserved, and given to him or her, on their going away; and that each person shall stay as long or as short a time, or come as often as he choose, on these conditions.
If each person stayed three months, it would assist by rotation twenty-four thousand persons annually, though the real number, at all times, would be but six thousand. By establishing an asylum of this kind, such persons to whom temporary distresses occur, would have an opportunity to recruit themselves, and be enabled to look out for better employment.
Allowing that their labour paid but one half the expense of supporting them, after reserving a portion of their earnings for themselves, the sum of forty thousand pounds additional would defray all other charges for even a greater number than six thousand.
The fund very properly convertible to this purpose, in addition to the twenty thousand pounds, remaining of the former fund, will be the produce of the tax upon coals, so iniquitously and wantonly applied to the support of the Duke of Richmond. It is horrid that any man, more especially at the price coals now are, should live on the distresses of a community; and any government permitting such an abuse, deserves to be dismissed. This fund is said to be about twenty thousand pounds per annum.
I shall now conclude this plan with enumerating the several particulars, and then proceed to other matters.
The enumeration is as follows:—
First, Abolition of two millions poor-rates.
Secondly, Provision for two hundred and fifty thousand poor families.
Thirdly, Education for one million and thirty thousand children.
Fourthly, Comfortable provision for one hundred and forty thousand aged persons.
Fifthly, Donation of twenty shillings each for fifty thousand births.
Sixthly, Donation of twenty shillings each for twenty thousand marriages.
Seventhly, Allowance of twenty thousand pounds for the funeral expenses of persons travelling for work, and dying at a distance from their friends.
Eighthly, Employment, at all times, for the casual poor in the cities of London and Westminster.
By the operation of this plan, the poor laws, those instruments of civil torture, will be superseded, and the wasteful expense of litigation prevented. The hearts of the humane will not be shocked by ragged and hungry children, and persons of seventy and eighty years of age, begging for bread. The dying poor will not be dragged from place to place to breathe their last, as a reprisal of parish upon parish. Widows will have a maintenance for their children, and not be carted away, on the death of their husbands, like culprits and criminals; and children will no longer be considered as increasing the distresses of their parents. The haunts of the wretched will be known, because it will be to their advantage; and the number of petty crimes, the offspring of distress and poverty, will be lessened. The poor, as well as the rich, will then be interested in the support of government, and the cause and apprehension of riots and tumults will cease.—Ye who sit in ease, and solace yourselves in plenty, and such there are in Turkey and Russia, as well as in England, and who say to yourselves, "Are we not well off?" have ye thought of these things? When ye do, ye will cease to speak and feel for yourselves alone.
The plan is easy in practice. It does not embarrass trade by a sudden interruption in the order of taxes, but effects the relief by changing the application of them; and the money necessary for the purpose can be drawn from the excise collections, which are made eight times a year in every market town in England.
Having now arranged and concluded this subject, I proceed to the next.
Taking the present current expenses at seven millions and an half, which is the least amount they are now at, there will remain (after the sum of one million and an half be taken for the new current expenses and four millions for the before-mentioned service) the sum of two millions; part of which to be applied as follows:
Though fleets and armies, by an alliance with France, will, in a great measure, become useless, yet the persons who have devoted themselves to those services, and have thereby unfitted themselves for other lines of life, are not to be sufferers by the means that make others happy. They are a different description of men from those who form or hang about a court.
A part of the army will remain, at least for some years, and also of the navy, for which a provision is already made in the former part of this plan of one million, which is almost half a million more than the peace establishment of the army and navy in the prodigal times of Charles the Second.
Suppose, then, fifteen thousand soldiers to be disbanded, and that an allowance be made to each of three shillings a week during life, clear of all deductions, to be paid in the same manner as the Chelsea College pensioners are paid, and for them to return to their trades and their friends; and also that an addition of fifteen thousand sixpences per week be made to the pay of the soldiers who shall remain; the annual expenses will be:
To the pay of fifteen thousand disbanded soldiers
at three shillings per week L117,000
Additional pay to the remaining soldiers 19,500
Suppose that the pay to the officers of the
disbanded corps be the same amount as sum allowed
to the men 117,000
———— L253,500
To prevent bulky estimations, admit the same sum
to the disbanded navy as to the army,
and the same increase of pay 253,500
————
Total L507,000
Every year some part of this sum of half a million (I omit the odd seven thousand pounds for the purpose of keeping the account unembarrassed) will fall in, and the whole of it in time, as it is on the ground of life annuities, except the increased pay of twenty-nine thousand pounds. As it falls in, part of the taxes may be taken off; and as, for instance, when thirty thousand pounds fall in, the duty on hops may be wholly taken off; and as other parts fall in, the duties on candles and soap may be lessened, till at last they will totally cease. There now remains at least one million and a half of surplus taxes.
The tax on houses and windows is one of those direct taxes, which, like the poor-rates, is not confounded with trade; and, when taken off, the relief will be instantly felt. This tax falls heavy on the middle class of people. The amount of this tax, by the returns of 1788, was:
Houses and windows: L s. d.
By the act of 1766 385,459 11 7
By the act be 1779 130,739 14 5 1/2
———————————
Total 516,199 6 0 1/2
If this tax be struck off, there will then remain about one million of surplus taxes; and as it is always proper to keep a sum in reserve, for incidental matters, it may be best not to extend reductions further in the first instance, but to consider what may be accomplished by other modes of reform.
Among the taxes most heavily felt is the commutation tax. I shall therefore offer a plan for its abolition, by substituting another in its place, which will effect three objects at once: 1, that of removing the burthen to where it can best be borne; 2, restoring justice among families by a distribution of property; 3, extirpating the overgrown influence arising from the unnatural law of primogeniture, which is one of the principal sources of corruption at elections. The amount of commutation tax by the returns of 1788, was L771,657.
When taxes are proposed, the country is amused by the plausible language of taxing luxuries. One thing is called a luxury at one time, and something else at another; but the real luxury does not consist in the article, but in the means of procuring it, and this is always kept out of sight.
I know not why any plant or herb of the field should be a greater luxury in one country than another; but an overgrown estate in either is a luxury at all times, and, as such, is the proper object of taxation. It is, therefore, right to take those kind tax-making gentlemen up on their own word, and argue on the principle themselves have laid down, that of taxing luxuries. If they or their champion, Mr. Burke, who, I fear, is growing out of date, like the man in armour, can prove that an estate of twenty, thirty, or forty thousand pounds a year is not a luxury, I will give up the argument.
Admitting that any annual sum, say, for instance, one thousand pounds, is necessary or sufficient for the support of a family, consequently the second thousand is of the nature of a luxury, the third still more so, and by proceeding on, we shall at last arrive at a sum that may not improperly be called a prohibitable luxury. It would be impolitic to set bounds to property acquired by industry, and therefore it is right to place the prohibition beyond the probable acquisition to which industry can extend; but there ought to be a limit to property or the accumulation of it by bequest. It should pass in some other line. The richest in every nation have poor relations, and those often very near in consanguinity.
The following table of progressive taxation is constructed on the above principles, and as a substitute for the commutation tax. It will reach the point of prohibition by a regular operation, and thereby supersede the aristocratical law of primogeniture.
TABLE I
A tax on all estates of the clear yearly value of L50,
after deducting the land tax, and up
To L500 0s 3d per pound
From L500 to L1,000 0 6
On the second thousand 0 9
On the third " 1 0
On the fourth " 1 6
On the fifth " 2 0
On the sixth " 3 0
On the seventh " 4 0
On the eighth " 5 0
On the ninth " 6s 0d per pound
On the tenth " 7 0
On the eleventh " 8 0
On the twelfth " 9 0
On the thirteenth " 10 0
On the fourteenth " 11 0
On the fifteenth " 12 0
On the sixteenth " 13 0
On the seventeenth " 14 0
On the eighteenth " 15 0
On the nineteenth " 16 0
On the twentieth " 17 0
On the twenty-first " 18 0
On the twenty-second " 19 0
On the twenty-third " 20 0
The foregoing table shows the progression per pound on every progressive thousand. The following table shows the amount of the tax on every thousand separately, and in the last column the total amount of all the separate sums collected.
TABLE II
An estate of:
L 50 per annum at 3d per pound pays L0 12 6
100 " " " " 1 5 0
200 " " " " 2 10 0
300 " " " " 3 15 0
400 " " " " 5 0 0
500 " " " " 7 5 0
After L500, the tax of 6d. per pound takes place on the second L500; consequently an estate of L1,000 per annum pays L2l, 15s., and so on.
Total amount
For the 1st L500 at 0s 3d per pound L7 5s
English
Cities constantly face problems that differ from those in the countryside. They need a different, or rather an additional, way to help people. In the countryside, even in large towns, people know one another. Hardship never reaches the extremes it sometimes reaches in a city. In the countryside, people do not literally starve to death or die of cold because they have nowhere to sleep. Yet this and other equally miserable things happen in London.
Many young people arrive in London with high hopes and little or no money. Unless they find work at once, they are already halfway to ruin. Boys raised in London with no way to earn a living, often by irresponsible parents, are in an even worse position. Servants who have been out of work for a long time are hardly better off. In short, small problems constantly arise that busy or wealthy people know nothing about. They open the first door to hardship. Hunger cannot be put off. A day, or even a few hours, in such a state can be the turning point toward a ruined life.
These circumstances often cause the small thefts that lead to greater crimes, and they can be prevented. Twenty thousand pounds of the four million in surplus taxes still remains. Together with another fund of about twenty thousand pounds, which I will describe later, it could not be put to better use. Here is the plan:
First, build two or more facilities, or use buildings already standing, with room for at least six thousand people. Provide as many kinds of work as possible in each, so that everyone who arrives can find something he or she can do.
Second, accept everyone who comes, without asking who they are or what they do. The only condition would be this: for a set amount of work or a set number of hours, each person gets a set number of wholesome meals and a warm place to sleep, at least as good as a barracks. Keep aside a portion of the value of each person's work and give it to that person when he or she leaves. On these terms, people may stay as long or as briefly as they wish and return as often as they wish.
If everyone stayed three months, the facilities would help twenty-four thousand people in a year, though only six thousand would be there at any one time. A refuge like this would give people facing temporary hardship a chance to recover and find better work.
Suppose their work paid for only half their support, even after part of their earnings had been set aside for them. An additional forty thousand pounds would still cover all the other costs for more than six thousand people.
A suitable fund for this purpose, besides the remaining twenty thousand pounds, is the revenue from the coal tax. That tax is outrageously and recklessly used to support the Duke of Richmond. With coal at its current price especially, it is appalling that anyone should live off a community's suffering. Any government that allows such an abuse deserves to be removed. This fund is said to bring in about twenty thousand pounds a year.
I will finish this plan by listing its parts, then move on to other matters.
Here is the list:
First, abolish two million pounds in poor-rates.
Second, provide for two hundred and fifty thousand poor families.
Third, educate one million and thirty thousand children.
Fourth, provide a comfortable living for one hundred and forty thousand older people.
Fifth, give twenty shillings each for fifty thousand births.
Sixth, give twenty shillings each for twenty thousand marriages.
Seventh, set aside twenty thousand pounds for the funeral expenses of people who travel for work and die far from their friends.
Eighth, provide work at all times for people who fall into poverty in the cities of London and Westminster.
Under this plan, the poor laws—tools of public cruelty—would be replaced, and the waste of money on lawsuits would stop. Compassionate people would no longer have to see ragged, hungry children or people aged seventy and eighty begging for bread. Poor people near death would no longer be dragged from one parish to another to spend their last moments there, as each parish sought to make another bear the cost. Widows would have money to support their children instead of being carted away like criminals when their husbands died. Children would no longer be seen as adding to their parents' hardship. We would know where people in desperate circumstances live, because it would be in their interest to make themselves known. Minor crimes born of hardship and poverty would decrease. Poor people, like rich people, would then have a stake in supporting the government. The reasons for riots and unrest, and the fear of them, would end. You who live comfortably and enjoy plenty—and there are such people in Turkey and Russia as well as England—and say to yourselves, "Aren't we well off?" have you thought about these things? When you do, you will stop thinking and speaking only for yourselves.
The plan is easy to carry out. It does not disrupt trade by suddenly changing the tax system. It brings relief by changing how the taxes are spent. The necessary money can come from excise taxes, which are collected eight times a year in every market town in England.
I have now set out and finished this subject. I turn to the next.
Suppose current annual expenses are seven and a half million pounds, the lowest estimate of what they now cost. After allowing one and a half million for the new current expenses and four million for the measures just described, two million remains. Part of it should be used as follows:
An alliance with France would make fleets and armies largely unnecessary. But the people who have devoted their lives to those services, and so have become unprepared for other work, must not suffer because of changes that benefit others. They are not like the people who make up a royal court or hang around one.
Part of the army and navy will remain, at least for some years. The earlier part of this plan already sets aside one million pounds for them. That is almost half a million more than the peacetime cost of the army and navy in the wasteful days of Charles the Second.
Suppose fifteen thousand soldiers are discharged. Give each a lifetime allowance of three shillings a week, with no deductions, paid as the Chelsea College pensioners are paid. Let them return to their trades and friends. Also increase the pay of the remaining soldiers by fifteen thousand sixpences a week. The yearly expenses would be:
Pay for fifteen thousand discharged soldiers
at three shillings a week L117,000
Additional pay for the remaining soldiers 19,500
Suppose the pay for officers of the
discharged units equals the amount given
to the men 117,000
———— L253,500
To avoid a long calculation, allow the discharged
navy the same sum as the army,
and the same increase in pay 253,500
————
Total L507,000
Some of this half million pounds will become available every year as recipients die. I leave out the extra seven thousand pounds to keep the calculation simple. Eventually all of it will become available except the twenty-nine thousand pounds in increased pay. As money becomes available, taxes can be removed. For example, when thirty thousand pounds becomes available, the tax on hops could be removed completely. As more becomes available, the taxes on candles and soap could be reduced until they disappear altogether. At least one and a half million pounds in surplus taxes remains.
The tax on houses and windows is a direct tax. Like the poor-rates, it is separate from trade. Remove it, and people will feel the benefit at once. This tax falls heavily on the middle class. According to the returns for 1788, the amount was:
Houses and windows: L s. d.
Under the act of 1766 385,459 11 7
Under the act of 1779 130,739 14 5 1/2
———————————
Total 516,199 6 0 1/2
Removing this tax would leave about one million pounds in surplus taxes. It is always wise to keep some money in reserve for unexpected needs. So it may be best not to cut taxes further at first, but to consider what other reforms can achieve.
One of the taxes people feel most heavily is the commutation tax. I propose abolishing it and replacing it with another tax that would do three things at once: 1, shift the burden to people best able to bear it; 2, bring fairness to families by distributing property; 3, end the excessive influence created by the unnatural law of primogeniture, a major source of corruption in elections. According to the returns for 1788, the commutation tax brought in L771,657.
When taxes are proposed, the country is entertained with attractive talk about taxing luxuries. One thing is called a luxury today and something else tomorrow. But what makes something a luxury is not the thing itself. It is the wealth that lets someone buy it, and that is always left out of the discussion.
I do not see why a plant or herb growing in a field should be more of a luxury in one country than another. But an enormous estate is a luxury in any country, at any time, and is therefore a proper thing to tax. We should take those gentlemen who devise taxes at their word and argue from their own principle of taxing luxuries. If they, or their defender Mr. Burke—who I fear is going out of fashion like the man in armor—can prove that an estate bringing in twenty, thirty, or forty thousand pounds a year is not a luxury, I will drop my argument.
Suppose one thousand pounds a year is necessary or sufficient to support a family. The second thousand is therefore a luxury, the third more so. Continuing this way, we eventually reach an amount that could fairly be called a luxury that ought to be prohibited. It would be unwise to limit property earned through work, so the point at which a prohibition begins should be above what anyone is likely to earn that way. But there should be a limit on property accumulated or passed down by inheritance. It should go to other relatives instead. The richest people in every nation have poor relatives, often close ones.
The following table sets out progressively higher taxes on these principles, as a replacement for the commutation tax. Through its gradual increase, the tax will eventually make very large estates impossible and replace the aristocratic law of primogeniture.
TABLE I
A tax on every estate with a net yearly value of L50,
after subtracting land tax, and up
To L500 0s 3d per pound
From L500 to L1,000 0 6
On the second thousand 0 9
On the third " 1 0
On the fourth " 1 6
On the fifth " 2 0
On the sixth " 3 0
On the seventh " 4 0
On the eighth " 5 0
On the ninth " 6s 0d per pound
On the tenth " 7 0
On the eleventh " 8 0
On the twelfth " 9 0
On the thirteenth " 10 0
On the fourteenth " 11 0
On the fifteenth " 12 0
On the sixteenth " 13 0
On the seventeenth " 14 0
On the eighteenth " 15 0
On the nineteenth " 16 0
On the twentieth " 17 0
On the twenty-first " 18 0
On the twenty-second " 19 0
On the twenty-third " 20 0
The table above gives the tax rate per pound for each successive thousand pounds. The next table gives the tax on each amount separately. Its last column gives the combined total of those separate amounts.
TABLE II
An estate of:
L 50 per year at 3d per pound pays L0 12 6
100 " " " " 1 5 0
200 " " " " 2 10 0
300 " " " " 3 15 0
400 " " " " 5 0 0
500 " " " " 7 5 0
After L500, a tax of 6d. per pound applies to the second L500. An estate earning L1,000 a year therefore pays L2l, 15s., and so on.
Total amount
For the 1st L500 at 0s 3d per pound L7 5s
Part II: Chapter V, 7
18th-century English
2nd " 0 6 14 10 L21 15s
2nd 1000 at 0 9 37 11 59 5
3rd " 1 0 50 0 109 5
(Total amount)
4th 1000 at 1s 6d per pound L75 0s L184 5s
5th " 2 0 100 0 284 5
6th " 3 0 150 0 434 5
7th " 4 0 200 0 634 5
8th " 5 0 250 0 880 5
9th " 6 0 300 0 1100 5
10th " 7 0 350 0 1530 5
11th " 8 0 400 0 1930 5
12th " 9 0 450 0 2380 5
13th " 10 0 500 0 2880 5
14th " 11 0 550 0 3430 5
15th " 12 0 600 0 4030 5
16th " 13 0 650 0 4680 5
17th " 14 0 700 0 5380 5
18th " 15 0 750 0 6130 5
19th " 16 0 800 0 6930 5
20th " 17 0 850 0 7780 5
21st " 18 0 900 0 8680 5
(Total amount)
22nd 1000 at 19s 0d per pound L950 0s L9630 5s
23rd " 20 0 1000 0 10630 5
At the twenty-third thousand the tax becomes 20s. in the pound, and consequently every thousand beyond that sum can produce no profit but by dividing the estate. Yet formidable as this tax appears, it will not, I believe, produce so much as the commutation tax; should it produce more, it ought to be lowered to that amount upon estates under two or three thousand a year.
On small and middling estates it is lighter (as it is intended to be) than the commutation tax. It is not till after seven or eight thousand a year that it begins to be heavy. The object is not so much the produce of the tax as the justice of the measure. The aristocracy has screened itself too much, and this serves to restore a part of the lost equilibrium.
As an instance of its screening itself, it is only necessary to look back to the first establishment of the excise laws, at what is called the Restoration, or the coming of Charles the Second. The aristocratical interest then in power, commuted the feudal services itself was under, by laying a tax on beer brewed for sale; that is, they compounded with Charles for an exemption from those services for themselves and their heirs, by a tax to be paid by other people. The aristocracy do not purchase beer brewed for sale, but brew their own beer free of the duty, and if any commutation at that time were necessary, it ought to have been at the expense of those for whom the exemptions from those services were intended;*37 instead of which, it was thrown on an entirely different class of men.
But the chief object of this progressive tax (besides the justice of rendering taxes more equal than they are) is, as already stated, to extirpate the overgrown influence arising from the unnatural law of primogeniture, and which is one of the principal sources of corruption at elections.
It would be attended with no good consequences to enquire how such vast estates as thirty, forty, or fifty thousand a year could commence, and that at a time when commerce and manufactures were not in a state to admit of such acquisitions. Let it be sufficient to remedy the evil by putting them in a condition of descending again to the community by the quiet means of apportioning them among all the heirs and heiresses of those families. This will be the more necessary, because hitherto the aristocracy have quartered their younger children and connections upon the public in useless posts, places and offices, which when abolished will leave them destitute, unless the law of primogeniture be also abolished or superseded.
A progressive tax will, in a great measure, effect this object, and that as a matter of interest to the parties most immediately concerned, as will be seen by the following table; which shows the net produce upon every estate, after subtracting the tax. By this it will appear that after an estate exceeds thirteen or fourteen thousand a year, the remainder produces but little profit to the holder, and consequently, Will pass either to the younger children, or to other kindred.
TABLE III
Showing the net produce of every estate from one thousand
to twenty-three thousand pounds a year
No of thousand Total tax
per annum subtracted Net produce
L1000 L21 L979
2000 59 1941
3000 109 2891
4000 184 3816
5000 284 4716
6000 434 5566
7000 634 6366
8000 880 7120
9000 1100 7900
10,000 1530 8470
11,000 1930 9070
12,000 2380 9620
13,000 2880 10,120
(No of thousand (Total tax
per annum) subtracted) (Net produce)
14,000 3430 10,570
15,000 4030 10,970
16,000 4680 11,320
17,000 5380 11,620
18,000 6130 11,870
19,000 6930 12,170
20,000 7780 12,220
21,000 8680 12,320
22,000 9630 12,370
23,000 10,630 12,370
N.B. The odd shillings are dropped in this table.
According to this table, an estate cannot produce more than L12,370 clear of the land tax and the progressive tax, and therefore the dividing such estates will follow as a matter of family interest. An estate of L23,000 a year, divided into five estates of four thousand each and one of three, will be charged only L1,129 which is but five per cent., but if held by one possessor, will be charged L10,630.
Although an enquiry into the origin of those estates be unnecessary, the continuation of them in their present state is another subject. It is a matter of national concern. As hereditary estates, the law has created the evil, and it ought also to provide the remedy. Primogeniture ought to be abolished, not only because it is unnatural and unjust, but because the country suffers by its operation. By cutting off (as before observed) the younger children from their proper portion of inheritance, the public is loaded with the expense of maintaining them; and the freedom of elections violated by the overbearing influence which this unjust monopoly of family property produces. Nor is this all. It occasions a waste of national property. A considerable part of the land of the country is rendered unproductive, by the great extent of parks and chases which this law serves to keep up, and this at a time when the annual production of grain is not equal to the national consumption.*38—In short, the evils of the aristocratical system are so great and numerous, so inconsistent with every thing that is just, wise, natural, and beneficent, that when they are considered, there ought not to be a doubt that many, who are now classed under that description, will wish to see such a system abolished.
What pleasure can they derive from contemplating the exposed condition, and almost certain beggary of their younger offspring? Every aristocratical family has an appendage of family beggars hanging round it, which in a few ages, or a few generations, are shook off, and console themselves with telling their tale in almshouses, workhouses, and prisons. This is the natural consequence of aristocracy. The peer and the beggar are often of the same family. One extreme produces the other: to make one rich many must be made poor; neither can the system be supported by other means.
There are two classes of people to whom the laws of England are particularly hostile, and those the most helpless; younger children, and the poor. Of the former I have just spoken; of the latter I shall mention one instance out of the many that might be produced, and with which I shall close this subject.
Several laws are in existence for regulating and limiting work-men's wages. Why not leave them as free to make their own bargains, as the law-makers are to let their farms and houses? Personal labour is all the property they have. Why is that little, and the little freedom they enjoy, to be infringed? But the injustice will appear stronger, if we consider the operation and effect of such laws. When wages are fixed by what is called a law, the legal wages remain stationary, while every thing else is in progression; and as those who make that law still continue to lay on new taxes by other laws, they increase the expense of living by one law, and take away the means by another.
But if these gentlemen law-makers and tax-makers thought it right to limit the poor pittance which personal labour can produce, and on which a whole family is to be supported, they certainly must feel themselves happily indulged in a limitation on their own part, of not less than twelve thousand a-year, and that of property they never acquired (nor probably any of their ancestors), and of which they have made never acquire so ill a use.
Having now finished this subject, I shall bring the several particulars into one view, and then proceed to other matters.
The first eight articles, mentioned earlier, are;
1 Abolition of two millions poor-rates.
2 Provision for two hundred and fifty-two thousand poor families, at the rate of four pounds per head for each child under fourteen years of age; which, with the addition of two hundred and fifty thousand pounds, provides also education for one million and thirty thousand children.
3 Annuity of six pounds (per annum) each for all poor persons, decayed tradesmen, and others (supposed seventy thousand) of the age of fifty years, and until sixty.
4 Annuity of ten pounds each for life for all poor persons, decayed tradesmen, and others (supposed seventy thousand) of the age of sixty years.
5 Donation of twenty shillings each for fifty thousand births.
6 Donation of twenty shillings each for twenty thousand marriages.
7 Allowance of twenty thousand pounds for the funeral expenses of persons travelling for work, and dying at a distance from their friends.
8 Employment at all times for the casual poor in the cities of London and Westminster.
Second Enumeration
9 Abolition of the tax on houses and windows.
10 Allowance of three shillings per week for life to fifteen thousand disbanded soldiers, and a proportionate allowance to the officers of the disbanded corps.
11 Increase of pay to the remaining soldiers of L19,500 annually.
12 The same allowance to the disbanded navy, and the same increase of pay, as to the army.
13 Abolition of the commutation tax.
14 Plan of a progressive tax, operating to extirpate the unjust and unnatural law of primogeniture, and the vicious influence of the aristocratical system.*39
There yet remains, as already stated, one million of surplus taxes. Some part of this will be required for circumstances that do not immediately present themselves, and such part as shall not be wanted, will admit of a further reduction of taxes equal to that amount.
Among the claims that justice requires to be made, the condition of the inferior revenue-officers will merit attention. It is a reproach to any government to waste such an immensity of revenue in sinecures and nominal and unnecessary places and officers, and not allow even a decent livelihood to those on whom the labour falls. The salary of the inferior officers of the revenue has stood at the petty pittance of less than fifty pounds a year for upwards of one hundred years. It ought to be seventy. About one hundred and twenty thousand pounds applied to this purpose, will put all those salaries in a decent condition.
This was proposed to be done almost twenty years ago, but the treasury-board then in being, startled at it, as it might lead to similar expectations from the army and navy; and the event was, that the King, or somebody for him, applied to parliament to have his own salary raised an hundred thousand pounds a year, which being done, every thing else was laid aside.
With respect to another class of men, the inferior clergy, I forbear to enlarge on their condition; but all partialities and prejudices for, or against, different modes and forms of religion aside, common justice will determine, whether there ought to be an income of twenty or thirty pounds a year to one man, and of ten thousand to another. I speak on this subject with the more freedom, because I am known not to be a Presbyterian; and therefore the cant cry of court sycophants, about church and meeting, kept up to amuse and bewilder the nation, cannot be raised against me.
Ye simple men on both sides the question, do you not see through this courtly craft? If ye can be kept disputing and wrangling about church and meeting, ye just answer the purpose of every courtier, who lives the while on the spoils of the taxes, and laughs at your credulity. Every religion is good that teaches man to be good; and I know of none that instructs him to be bad.
All the before-mentioned calculations suppose only sixteen millions and an half of taxes paid into the exchequer, after the expense of collection and drawbacks at the custom-house and excise-office are deducted; whereas the sum paid into the exchequer is very nearly, if not quite, seventeen millions. The taxes raised in Scotland and Ireland are expended in those countries, and therefore their savings will come out of their own taxes; but if any part be paid into the English exchequer, it might be remitted. This will not make one hundred thousand pounds a year difference.
There now remains only the national debt to be considered. In the year 1789, the interest, exclusive of the tontine, was L9,150,138. How much the capital has been reduced since that time the minister best knows. But after paying the interest, abolishing the tax on houses and windows, the commutation tax, and the poor-rates; and making all the provisions for the poor, for the education of children, the support of the aged, the disbanded part of the army and navy, and increasing the pay of the remainder, there will be a surplus of one million.
English
2nd 1,000 at 0s 6d per pound: £14 10s; total £21 15s2nd 1,000 at 0s 9d per pound: £37 11s; total £59 5s3rd 1,000 at 1s 0d per pound: £50 0s; total £109 5s(Total amount)4th 1,000 at 1s 6d per pound: £75 0s; total £184 5s5th 1,000 at 2s 0d per pound: £100 0s; total £284 5s6th 1,000 at 3s 0d per pound: £150 0s; total £434 5s7th 1,000 at 4s 0d per pound: £200 0s; total £634 5s8th 1,000 at 5s 0d per pound: £250 0s; total £880 5s9th 1,000 at 6s 0d per pound: £300 0s; total £1,100 5s10th 1,000 at 7s 0d per pound: £350 0s; total £1,530 5s11th 1,000 at 8s 0d per pound: £400 0s; total £1,930 5s12th 1,000 at 9s 0d per pound: £450 0s; total £2,380 5s13th 1,000 at 10s 0d per pound: £500 0s; total £2,880 5s14th 1,000 at 11s 0d per pound: £550 0s; total £3,430 5s15th 1,000 at 12s 0d per pound: £600 0s; total £4,030 5s16th 1,000 at 13s 0d per pound: £650 0s; total £4,680 5s17th 1,000 at 14s 0d per pound: £700 0s; total £5,380 5s18th 1,000 at 15s 0d per pound: £750 0s; total £6,130 5s19th 1,000 at 16s 0d per pound: £800 0s; total £6,930 5s20th 1,000 at 17s 0d per pound: £850 0s; total £7,780 5s21st 1,000 at 18s 0d per pound: £900 0s; total £8,680 5s(Total amount)22nd 1,000 at 19s 0d per pound: £950 0s; total £9,630 5s23rd 1,000 at 20s 0d per pound: £1,000 0s; total £10,630 5s
At the twenty-third thousand, the tax reaches 20s. in the pound. Every thousand beyond that can bring in a profit only if the estate is divided. This tax may look severe. Still, I do not think it will raise as much as the commutation tax. If it raises more, the rate on estates worth less than two or three thousand a year should be lowered until the total matches that amount.
For small and medium-sized estates, it is lighter than the commutation tax, as intended. It does not become heavy until an estate brings in more than seven or eight thousand a year. The main point is not how much the tax raises but whether the measure is fair. The aristocracy has protected itself from taxes too much. This measure restores some of the lost balance.
For an example of that protection, look back to the first excise laws, introduced at what is called the Restoration, when Charles the Second came to power. The aristocrats then in power replaced the feudal duties they themselves owed with a tax on beer brewed for sale. In other words, they made a deal with Charles to free themselves and their heirs from those duties, paid for with a tax on other people. Aristocrats do not buy beer brewed for sale. They brew their own beer without paying the tax. If replacing those duties was necessary, those gaining the exemptions should have paid for them;*37 instead, the burden fell on a completely different group of people.
But the chief purpose of this progressive tax, besides making taxes fairer, is to eliminate the excessive influence created by the unnatural law of primogeniture, which gives the eldest child the inheritance. That influence is a major cause of corruption in elections.
It would do no good to investigate how estates earning thirty, forty, or fifty thousand a year first arose, especially when trade and manufacturing were not developed enough to allow fortunes like that to be made. It is enough to fix the problem by putting those estates in a position to return to the wider community. This can happen peacefully by dividing them among all the sons and daughters entitled to inherit in those families. That is all the more necessary because the aristocracy has so far put its younger children and relatives in useless public jobs and offices. Once those jobs are abolished, these people will have no support unless primogeniture is also abolished or overridden.
A progressive tax will largely achieve this. The people most directly involved will have a financial reason to divide their estates, as the following table shows. It shows what each estate brings in after the tax is deducted. Once an estate brings in more than thirteen or fourteen thousand a year, the amount beyond that yields little extra income to its owner. It will therefore pass to younger children or other relatives.
TABLE III
What each estate brings in after tax, from one thousand to twenty-three thousand pounds a year
Annual income; Total tax deducted; Income after tax£1,000; £21; £979£2,000; £59; £1,941£3,000; £109; £2,891£4,000; £184; £3,816£5,000; £284; £4,716£6,000; £434; £5,566£7,000; £634; £6,366£8,000; £880; £7,120£9,000; £1,100; £7,900£10,000; £1,530; £8,470£11,000; £1,930; £9,070£12,000; £2,380; £9,620£13,000; £2,880; £10,120Annual income; Total tax deducted; Income after tax£14,000; £3,430; £10,570£15,000; £4,030; £10,970£16,000; £4,680; £11,320£17,000; £5,380; £11,620£18,000; £6,130; £11,870£19,000; £6,930; £12,170£20,000; £7,780; £12,220£21,000; £8,680; £12,320£22,000; £9,630; £12,370£23,000; £10,630; £12,370
Note: The extra shillings are omitted from this table.
The table shows that an estate can bring in no more than £12,370 after land tax and the progressive tax. Dividing such estates will therefore be in the family's interest. An estate earning £23,000 a year, divided into five estates earning four thousand each and one earning three thousand, will owe just £1,129, or five percent. If one person owns the whole estate, it will owe £10,630.
We need not investigate where those estates came from. Whether they should continue in their present form is another matter. It concerns the whole country. The law created the problem of hereditary estates and should provide the solution. Primogeniture should be abolished, not just because it is unnatural and unfair, but because it harms the country. As I said earlier, it denies younger children their rightful share of the inheritance. The public must then pay to support them. The excessive influence created by this unfair monopoly of family property also violates the freedom of elections. That is not all. It wastes national resources. Large parks and hunting grounds, maintained because of this law, leave much of the country's land unproductive. Meanwhile, the annual grain harvest does not meet the country's needs.*38 In short, aristocratic rule has so many serious faults and is so at odds with fairness, wisdom, nature, and kindness that, once they think about them, many people now counted as aristocrats will surely want the system abolished.
What pleasure can they get from seeing their younger children exposed to almost certain poverty? Every aristocratic family has poor relatives depending on it. After a few generations, the family casts them off. They end up telling their stories in almshouses, workhouses, and prisons. That is the natural result of aristocracy. A peer and a beggar often belong to the same family. One extreme creates the other: making one person rich requires making many people poor. There is no other way to keep the system going.
English laws are especially hostile to two groups, both among the most defenseless: younger children and the poor. I have just discussed the first group. I will give one of many possible examples concerning the second, then end this subject.
Several laws set limits on workers' wages. Why not let workers make their own agreements, just as lawmakers can decide what to charge for the use of their farms and houses? Their labor is all the property they have. Why take away that little property and the little freedom they enjoy? The effects of these laws make their unfairness even clearer. When a law fixes wages, the legal wage stays the same while every other cost rises. The lawmakers then impose new taxes. So one law increases living costs, while another takes away the means of meeting them.
If these gentlemen who make laws and taxes think it right to limit the small earnings from a person's labor, which must support a whole family, they should surely be happy to accept a limit on their own income. They would still get no less than twelve thousand a year from property they never earned, and that their ancestors probably never earned either. They have put it to such bad use.
I have finished this subject. I will now put all its parts together before moving on.
The first eight measures, listed earlier, are:
1 Abolish two million pounds in poor rates.
2 Provide for two hundred and fifty-two thousand poor families, paying four pounds per child under fourteen years of age. With an additional two hundred and fifty thousand pounds, this also pays for the education of one million and thirty thousand children.
3 Pay six pounds a year to each poor person, struggling former tradesperson, and others in similar circumstances, estimated at seventy thousand people, from age fifty until sixty.
4 Pay ten pounds a year for life to each poor person, struggling former tradesperson, and others in similar circumstances, estimated at seventy thousand people, from age sixty.
5 Pay twenty shillings each for fifty thousand births.
6 Pay twenty shillings each for twenty thousand marriages.
7 Set aside twenty thousand pounds for the funerals of people who travel in search of work and die far from their friends.
8 Provide work at all times for people who fall into poverty in the cities of London and Westminster.
Second List
9 Abolish the tax on houses and windows.
10 Pay three shillings a week for life to fifteen thousand discharged soldiers, with a proportionate payment to the officers of those discharged units.
11 Increase the annual pay of the soldiers who remain in service by £19,500 in total.
12 Give the discharged navy the same payments as the discharged army, and give those who remain the same pay increase.
13 Abolish the commutation tax.
14 Introduce a progressive tax designed to eliminate the unfair and unnatural law of primogeniture and the harmful influence of the aristocratic system.*39
As I said earlier, one million pounds in tax revenue will still be left over. Some of it will be needed for circumstances we cannot yet foresee. Any amount not needed can be used to cut taxes further by that amount.
Justice also requires attention to lower-ranking tax officials. It reflects badly on any government to spend so much revenue on paid positions with no duties, or on unnecessary positions and officials in name only, while denying a decent living to the people doing the actual work. For more than one hundred years, the salaries of lower-ranking revenue officials have stayed below fifty pounds a year. They should be seventy. About one hundred and twenty thousand pounds would bring all those salaries up to a decent level.
This was proposed almost twenty years ago. But the treasury board at the time was alarmed: the army and navy might expect the same treatment. Instead, the King, or someone acting for him, asked Parliament to raise his own salary by one hundred thousand pounds a year. That was done, and everything else was dropped.
I will not say more here about another group, lower-ranking clergy. Put aside all favoritism and prejudice for or against different kinds of religion. Simple fairness will settle whether one clergyman should receive twenty or thirty pounds a year while another receives ten thousand. I can speak more freely about this because I am known not to be a Presbyterian. Court flatterers therefore cannot use their familiar, empty cry about the established church and other places of worship to attack me. They keep raising that issue to distract and confuse the country.
People on both sides, can you not see what the court is doing? If it can keep you arguing about the established church and other places of worship, you serve every courtier's purpose. Meanwhile, courtiers live on tax money and laugh at how easily you are fooled. Every religion that teaches people to be good is good. I know of none that teaches them to be bad.
All these calculations assume that only sixteen and a half million pounds in taxes reaches the treasury after collection costs and rebates at customs and excise offices. In fact, the sum reaching the treasury is very nearly seventeen million, if not the full amount. Taxes raised in Scotland and Ireland are spent there, so their savings will come from their own taxes. But if any of that money is paid into the English treasury, it could be sent back. This would make less than one hundred thousand pounds a year of difference.
Only the national debt remains to be considered. In 1789, interest on it, excluding the tontine, was £9,150,138. The minister knows best how much of the principal has since been paid off. But after paying interest, abolishing the house and window tax, the commutation tax, and the poor rates, providing for the poor, educating children, supporting older people and those discharged from the army and navy, and increasing the pay of those still serving, one million pounds will still be left over.
Part II: Chapter V, 8
18th-century English
The present scheme of paying off the national debt appears to me, speaking as an indifferent person, to be an ill-concerted, if not a fallacious job. The burthen of the national debt consists not in its being so many millions, or so many hundred millions, but in the quantity of taxes collected every year to pay the interest. If this quantity continues the same, the burthen of the national debt is the same to all intents and purposes, be the capital more or less. The only knowledge which the public can have of the reduction of the debt, must be through the reduction of taxes for paying the interest. The debt, therefore, is not reduced one farthing to the public by all the millions that have been paid; and it would require more money now to purchase up the capital, than when the scheme began.
Digressing for a moment at this point, to which I shall return again, I look back to the appointment of Mr. Pitt, as minister.
I was then in America. The war was over; and though resentment had ceased, memory was still alive.
When the news of the coalition arrived, though it was a matter of no concern to I felt it as a man. It had something in it which shocked, by publicly sporting with decency, if not with principle. It was impudence in Lord North; it was a want of firmness in Mr. Fox.
Mr. Pitt was, at that time, what may be called a maiden character in politics. So far from being hackneyed, he appeared not to be initiated into the first mysteries of court intrigue. Everything was in his favour. Resentment against the coalition served as friendship to him, and his ignorance of vice was credited for virtue. With the return of peace, commerce and prosperity would rise of itself; yet even this increase was thrown to his account.
When he came to the helm, the storm was over, and he had nothing to interrupt his course. It required even ingenuity to be wrong, and he succeeded. A little time showed him the same sort of man as his predecessors had been. Instead of profiting by those errors which had accumulated a burthen of taxes unparalleled in the world, he sought, I might almost say, he advertised for enemies, and provoked means to increase taxation. Aiming at something, he knew not what, he ransacked Europe and India for adventures, and abandoning the fair pretensions he began with, he became the knight-errant of modern times.
It is unpleasant to see character throw itself away. It is more so to see one's-self deceived. Mr. Pitt had merited nothing, but he promised much. He gave symptoms of a mind superior to the meanness and corruption of courts. His apparent candour encouraged expectations; and the public confidence, stunned, wearied, and confounded by a chaos of parties, revived and attached itself to him. But mistaking, as he has done, the disgust of the nation against the coalition, for merit in himself, he has rushed into measures which a man less supported would not have presumed to act.
All this seems to show that change of ministers amounts to nothing. One goes out, another comes in, and still the same measures, vices, and extravagance are pursued. It signifies not who is minister. The defect lies in the system. The foundation and the superstructure of the government is bad. Prop it as you please, it continually sinks into court government, and ever will.
I return, as I promised, to the subject of the national debt, that offspring of the Dutch-Anglo revolution, and its handmaid the Hanover succession.
But it is now too late to enquire how it began. Those to whom it is due have advanced the money; and whether it was well or ill spent, or pocketed, is not their crime. It is, however, easy to see, that as the nation proceeds in contemplating the nature and principles of government, and to understand taxes, and make comparisons between those of America, France, and England, it will be next to impossible to keep it in the same torpid state it has hitherto been. Some reform must, from the necessity of the case, soon begin. It is not whether these principles press with little or much force in the present moment. They are out. They are abroad in the world, and no force can stop them. Like a secret told, they are beyond recall; and he must be blind indeed that does not see that a change is already beginning.
Nine millions of dead taxes is a serious thing; and this not only for bad, but in a great measure for foreign government. By putting the power of making war into the hands of the foreigners who came for what they could get, little else was to be expected than what has happened.
Reasons are already advanced in this work, showing that whatever the reforms in the taxes may be, they ought to be made in the current expenses of government, and not in the part applied to the interest of the national debt. By remitting the taxes of the poor, they will be totally relieved, and all discontent will be taken away; and by striking off such of the taxes as are already mentioned, the nation will more than recover the whole expense of the mad American war.
There will then remain only the national debt as a subject of discontent; and in order to remove, or rather to prevent this, it would be good policy in the stockholders themselves to consider it as property, subject like all other property, to bear some portion of the taxes. It would give to it both popularity and security, and as a great part of its present inconvenience is balanced by the capital which it keeps alive, a measure of this kind would so far add to that balance as to silence objections.
This may be done by such gradual means as to accomplish all that is necessary with the greatest ease and convenience.
Instead of taxing the capital, the best method would be to tax the interest by some progressive ratio, and to lessen the public taxes in the same proportion as the interest diminished.
Suppose the interest was taxed one halfpenny in the pound the first year, a penny more the second, and to proceed by a certain ratio to be determined upon, always less than any other tax upon property. Such a tax would be subtracted from the interest at the time of payment, without any expense of collection.
One halfpenny in the pound would lessen the interest and consequently the taxes, twenty thousand pounds. The tax on wagons amounts to this sum, and this tax might be taken off the first year. The second year the tax on female servants, or some other of the like amount might also be taken off, and by proceeding in this manner, always applying the tax raised from the property of the debt toward its extinction, and not carry it to the current services, it would liberate itself.
The stockholders, notwithstanding this tax, would pay less taxes than they do now. What they would save by the extinction of the poor-rates, and the tax on houses and windows, and the commutation tax, would be considerably greater than what this tax, slow, but certain in its operation, amounts to.
It appears to me to be prudence to look out for measures that may apply under any circumstances that may approach. There is, at this moment, a crisis in the affairs of Europe that requires it. Preparation now is wisdom. If taxation be once let loose, it will be difficult to re-instate it; neither would the relief be so effectual, as if it proceeded by some certain and gradual reduction.
The fraud, hypocrisy, and imposition of governments, are now beginning to be too well understood to promise them any long career. The farce of monarchy and aristocracy, in all countries, is following that of chivalry, and Mr. Burke is dressing aristocracy, in all countries, is following that of chivalry, and Mr. Burke is dressing for the funeral. Let it then pass quietly to the tomb of all other follies, and the mourners be comforted.
The time is not very distant when England will laugh at itself for sending to Holland, Hanover, Zell, or Brunswick for men, at the expense of a million a year, who understood neither her laws, her language, nor her interest, and whose capacities would scarcely have fitted them for the office of a parish constable. If government could be trusted to such hands, it must be some easy and simple thing indeed, and materials fit for all the purposes may be found in every town and village in England.
When it shall be said in any country in the world, my poor are happy; neither ignorance nor distress is to be found among them; my jails are empty of prisoners, my streets of beggars; the aged are not in want, the taxes are not oppressive; the rational world is my friend, because I am the friend of its happiness: when these things can be said, then may that country boast its constitution and its government.
Within the space of a few years we have seen two revolutions, those of America and France. In the former, the contest was long, and the conflict severe; in the latter, the nation acted with such a consolidated impulse, that having no foreign enemy to contend with, the revolution was complete in power the moment it appeared. From both those instances it is evident, that the greatest forces that can be brought into the field of revolutions, are reason and common interest. Where these can have the opportunity of acting, opposition dies with fear, or crumbles away by conviction. It is a great standing which they have now universally obtained; and we may hereafter hope to see revolutions, or changes in governments, produced with the same quiet operation by which any measure, determinable by reason and discussion, is accomplished.
When a nation changes its opinion and habits of thinking, it is no longer to be governed as before; but it would not only be wrong, but bad policy, to attempt by force what ought to be accomplished by reason. Rebellion consists in forcibly opposing the general will of a nation, whether by a party or by a government. There ought, therefore, to be in every nation a method of occasionally ascertaining the state of public opinion with respect to government. On this point the old government of France was superior to the present government of England, because, on extraordinary occasions, recourse could be had what was then called the States General. But in England there are no such occasional bodies; and as to those who are now called Representatives, a great part of them are mere machines of the court, placemen, and dependants.
I presume, that though all the people of England pay taxes, not an hundredth part of them are electors, and the members of one of the houses of parliament represent nobody but themselves. There is, therefore, no power but the voluntary will of the people that has a right to act in any matter respecting a general reform; and by the same right that two persons can confer on such a subject, a thousand may. The object, in all such preliminary proceedings, is to find out what the general sense of a nation is, and to be governed by it. If it prefer a bad or defective government to a reform or choose to pay ten times more taxes than there is any occasion for, it has a right so to do; and so long as the majority do not impose conditions on the minority, different from what they impose upon themselves, though there may be much error, there is no injustice. Neither will the error continue long. Reason and discussion will soon bring things right, however wrong they may begin. By such a process no tumult is to be apprehended. The poor, in all countries, are naturally both peaceable and grateful in all reforms in which their interest and happiness is included. It is only by neglecting and rejecting them that they become tumultuous.
The objects that now press on the public attention are, the French revolution, and the prospect of a general revolution in governments. Of all nations in Europe there is none so much interested in the French revolution as England. Enemies for ages, and that at a vast expense, and without any national object, the opportunity now presents itself of amicably closing the scene, and joining their efforts to reform the rest of Europe. By doing this they will not only prevent the further effusion of blood, and increase of taxes, but be in a condition of getting rid of a considerable part of their present burthens, as has been already stated. Long experience however has shown, that reforms of this kind are not those which old governments wish to promote, and therefore it is to nations, and not to such governments, that these matters present themselves.
In the preceding part of this work, I have spoken of an alliance between England, France, and America, for purposes that were to be afterwards mentioned. Though I have no direct authority on the part of America, I have good reason to conclude, that she is disposed to enter into a consideration of such a measure, provided, that the governments with which she might ally, acted as national governments, and not as courts enveloped in intrigue and mystery. That France as a nation, and a national government, would prefer an alliance with England, is a matter of certainty. Nations, like individuals, who have long been enemies, without knowing each other, or knowing why, become the better friends when they discover the errors and impositions under which they had acted.
English
Speaking as someone with no personal stake, I think the current plan to pay off the national debt is poorly designed, if not outright deceptive. The burden of the debt does not come from the number of millions or hundreds of millions owed. It comes from the taxes collected every year to pay the interest. If those taxes stay the same, the burden on the public stays the same, whether the principal rises or falls. The public can tell that the debt has been reduced only if the taxes that pay its interest are reduced. So all the millions paid off have not reduced the debt's burden on the public by a single farthing. In fact, buying up the remaining principal would cost more now than it did when the plan began.
I will return to this point shortly. First, let me look back at Mr. Pitt's appointment as minister.
I was in America then. The war was over. People were no longer angry, but they still remembered what had happened.
When I heard about the coalition, I felt shocked as a person, though it did not concern me directly. It openly made a joke of decency, if not principle. Lord North showed shamelessness, and Mr. Fox showed a lack of resolve.
At that time, Mr. Pitt was new to politics. Far from being a hardened politician, he did not even seem to know the first secrets of court intrigue. Everything favored him. Anger at the coalition made people support him, and they mistook his inexperience with wrongdoing for virtue. With peace restored, trade and prosperity would have grown on their own. Yet even that growth was credited to him.
By the time he took charge, the storm was over and nothing blocked his way. Getting things wrong would have taken ingenuity, but he managed it. Before long, he proved to be just like the ministers before him. He could have learned from the mistakes that had produced an unmatched burden of taxes. Instead, he went looking for enemies—I could almost say he advertised for them—and provoked situations that would raise taxes. Pursuing some aim he could not even identify, he searched Europe and India for adventures. He abandoned his promising start and became a modern wandering knight.
It is painful to watch a person waste his reputation. It is even more painful to find that you were deceived. Mr. Pitt had achieved nothing, but he seemed to promise a great deal. He showed signs of being above the pettiness and corruption of courts. His apparent openness raised hopes. The public had been stunned, exhausted, and confused by the chaos of political parties. It began to trust him again. But he mistook the country's disgust with the coalition for proof of his own worth. That led him to pursue measures that someone with less support would never have dared to attempt.
All this suggests that changing ministers makes no difference. One leaves and another arrives, but the same policies, vices, and reckless spending continue. It does not matter who the minister is. The fault is in the system. The government is unsound from its foundations to its highest levels. Support it however you like, and it keeps sinking back into rule by the court. It always will.
I return, as promised, to the national debt, born from the Dutch-Anglo revolution, with the Hanoverian succession as its attendant.
It is too late to investigate how the debt began. The people owed the money lent it. Whether it was spent well, wasted, or stolen is not their fault. Still, the country is increasingly examining the nature and principles of government. People are learning about taxes and comparing those of America, France, and England. It will be almost impossible to keep them as unresponsive as they have been. Some reform must soon begin out of necessity. It does not matter whether these principles have much or little force at this moment. They have been made public and have spread through the world. Nothing can stop them. Like a secret once told, they cannot be taken back. Anyone who cannot see that change has already begun must be blind.
Nine million pounds a year in taxes spent on old debts is a serious burden. Much of this debt came from bad government, and especially from government conducted for foreigners. When the power to make war was given to foreigners who came to take what they could get, little else could have been expected.
I have already given reasons why any tax reductions should come from the government's current expenses, not from the money used to pay interest on the national debt. Removing taxes on the poor will relieve them completely and end their discontent. Removing the other taxes I have named will more than repay the country for the entire cost of the foolish American war.
Then only the national debt will remain as a cause of complaint. To remove—or, rather, prevent—that complaint, the holders of government debt would be wise to treat it as property that must bear a share of taxes, like all other property. This would make it more popular and more secure. Much of its present drawback is offset by the capital it keeps available. Such a measure would improve that balance and silence objections.
This can be done gradually, with the greatest possible ease and convenience.
The best approach is not to tax the principal. Tax the interest at a progressively increasing rate instead, and lower public taxes by the same amount as the interest payments fall.
Suppose interest were taxed at one halfpenny in the pound in the first year, a penny more in the second, and then at a set rate of increase to be decided. The rate should always remain lower than any other property tax. This tax could be deducted when interest is paid, without any collection cost.
A halfpenny in the pound would reduce interest payments, and therefore the taxes needed to fund them, by twenty thousand pounds. The tax on wagons raises that amount, so it could be removed in the first year. In the second year, the tax on female servants or another tax raising about the same amount could also be removed. Keep going this way. Always use the tax on debt holdings to pay off the debt itself, not to fund current services. In time, the debt would free the public from its burden.
Even with this tax, the holders of government debt would pay less in taxes than they do now. They would save much more from abolishing poor rates, the tax on houses and windows, and the commutation tax than this slow but steady tax on their interest would cost them.
I think it is wise to prepare measures that will work in whatever circumstances arise. Europe is facing a crisis right now, and preparation is wise. If tax collection is simply abandoned all at once, it will be difficult to restore it. Relief would also be less effective than a definite, gradual reduction.
People are starting to understand the fraud, hypocrisy, and deceit of governments too well for them to continue much longer. Monarchy and aristocracy in every country are becoming a farce, just as chivalry did. Mr. Burke is getting dressed for the funeral. Let them quietly go to the grave with all the other follies, and let those who mourn be comforted.
Before long, England will laugh at itself for sending to Holland, Hanover, Zell, or Brunswick to get men to govern it at a cost of a million pounds a year. These men understood neither its laws, its language, nor its interests. They were barely qualified to be parish constables. If government could be entrusted to them, it must be a simple job indeed. Every English town and village must have people capable of doing it.
A country may boast about its constitution and government when it can say: "My poor people are happy. None of them lives in ignorance or distress. My jails hold no prisoners and my streets have no beggars. Older people have what they need. Taxes are not oppressive. Thinking people around the world are my friends because I care about their happiness." Only when a country can say all that has it earned the right to boast.
In just a few years, we have seen two revolutions, in America and France. America's struggle was long and fierce. In France, the whole country acted together. With no foreign enemy to fight, its revolution took full power as soon as it began. Both examples show that reason and shared interests are the greatest forces available in a revolution. When they have a chance to act, opposition either dies from fear or falls away when people are persuaded. They have now won a strong position everywhere. We may hope that future revolutions, or changes of government, can happen as peacefully as any measure decided through reason and discussion.
When a nation changes its views and habits of thought, it can no longer be governed in the old way. Trying to force what reason should accomplish is both wrong and unwise. Rebellion is the use of force to oppose a nation's general will, whether the force comes from a faction or from the government. Every nation therefore needs a way to find out from time to time what people think of their government. In this respect, the old government of France was better than England's present government. On exceptional occasions, France could call together what was then called the States General. England has no such occasional assembly. And many of its present so-called Representatives are little more than instruments of the court: government appointees and dependents.
I believe that, although everyone in England pays taxes, fewer than one person in a hundred can vote. The members of one house of Parliament represent no one but themselves. So no body has a right to decide a general reform except the people acting voluntarily. If two people have the right to discuss reform, so do a thousand. The purpose of these first steps is to learn what the nation as a whole thinks, and then follow it. If people prefer a bad or flawed government to reform, or choose to pay ten times more tax than they need to, they have that right. Provided the majority imposes no conditions on the minority that it does not also accept for itself, the choice may be mistaken but is not unjust. The mistake will not last long. Reason and discussion will soon put things right, however badly they start. This process need not cause unrest. Poor people in every country are naturally peaceful and grateful when reforms include their interests and happiness. They become restless only when they are ignored and rejected.
The issues now demanding public attention are the French Revolution and the prospect of widespread changes in governments. No European nation has a greater stake in the French Revolution than England. England and France have been enemies for centuries, at enormous expense and with no national purpose. They now have a chance to end that history on friendly terms and work together to reform the rest of Europe. They could prevent more bloodshed and higher taxes. They could also lift a large part of their present burdens, as I have already explained. Long experience shows, however, that old governments do not want reforms like these. These proposals are therefore for the peoples of those countries, not for their governments.
Earlier in this work, I mentioned an alliance among England, France, and America for purposes I would explain later. I cannot speak officially for America. But I have good reason to believe it would consider such an alliance if the governments involved truly represented their nations, rather than acting as courts wrapped in intrigue and secrecy. France as a nation, with a national government, would certainly prefer an alliance with England. Nations are like people. After being enemies for years without knowing each other, or even knowing why they fought, they can become better friends once they recognize the mistakes and deceptions behind their behavior.
Part II: Chapter V, 9
18th-century English
Admitting, therefore, the probability of such a connection, I will state some matters by which such an alliance, together with that of Holland, might render service, not only to the parties immediately concerned, but to all Europe.
It is, I think, certain, that if the fleets of England, France, and Holland were confederated, they could propose, with effect, a limitation to, and a general dismantling of, all the navies in Europe, to a certain proportion to be agreed upon.
First, That no new ship of war shall be built by any power in Europe, themselves included.
Second, That all the navies now in existence shall be put back, suppose to one-tenth of their present force. This will save to France and England, at least two millions sterling annually to each, and their relative force be in the same proportion as it is now. If men will permit themselves to think, as rational beings ought to think, nothing can appear more ridiculous and absurd, exclusive of all moral reflections, than to be at the expense of building navies, filling them with men, and then hauling them into the ocean, to try which can sink each other fastest. Peace, which costs nothing, is attended with infinitely more advantage, than any victory with all its expense. But this, though it best answers the purpose of nations, does not that of court governments, whose habited policy is pretence for taxation, places, and offices.
It is, I think, also certain, that the above confederated powers, together with that of the United States of America, can propose with effect, to Spain, the independence of South America, and the opening those countries of immense extent and wealth to the general commerce of the world, as North America now is.
With how much more glory, and advantage to itself, does a nation act, when it exerts its powers to rescue the world from bondage, and to create itself friends, than when it employs those powers to increase ruin, desolation, and misery. The horrid scene that is now acting by the English government in the East-Indies, is fit only to be told of Goths and Vandals, who, destitute of principle, robbed and tortured the world they were incapable of enjoying.
The opening of South America would produce an immense field of commerce, and a ready money market for manufactures, which the eastern world does not. The East is already a country full of manufactures, the importation of which is not only an injury to the manufactures of England, but a drain upon its specie. The balance against England by this trade is regularly upwards of half a million annually sent out in the East-India ships in silver; and this is the reason, together with German intrigue, and German subsidies, that there is so little silver in England.
But any war is harvest to such governments, however ruinous it may be to a nation. It serves to keep up deceitful expectations which prevent people from looking into the defects and abuses of government. It is the lo here! and the lo there! that amuses and cheats the multitude.
Never did so great an opportunity offer itself to England, and to all Europe, as is produced by the two Revolutions of America and France. By the former, freedom has a national champion in the western world; and by the latter, in Europe. When another nation shall join France, despotism and bad government will scarcely dare to appear. To use a trite expression, the iron is becoming hot all over Europe. The insulted German and the enslaved Spaniard, the Russ and the Pole, are beginning to think. The present age will hereafter merit to be called the Age of Reason, and the present generation will appear to the future as the Adam of a new world.
When all the governments of Europe shall be established on the representative system, nations will become acquainted, and the animosities and prejudices fomented by the intrigue and artifice of courts, will cease. The oppressed soldier will become a freeman; and the tortured sailor, no longer dragged through the streets like a felon, will pursue his mercantile voyage in safety. It would be better that nations should wi continue the pay of their soldiers during their lives, and give them their discharge and restore them to freedom and their friends, and cease recruiting, than retain such multitudes at the same expense, in a condition useless to society and to themselves. As soldiers have hitherto been treated in most countries, they might be said to be without a friend. Shunned by the citizen on an apprehension of their being enemies to liberty, and too often insulted by those who commanded them, their condition was a double oppression. But where genuine principles of liberty pervade a people, every thing is restored to order; and the soldier civilly treated, returns the civility.
In contemplating revolutions, it is easy to perceive that they may arise from two distinct causes; the one, to avoid or get rid of some great calamity; the other, to obtain some great and positive good; and the two may be distinguished by the names of active and passive revolutions. In those which proceed from the former cause, the temper becomes incensed and soured; and the redress, obtained by danger, is too often sullied by revenge. But in those which proceed from the latter, the heart, rather animated than agitated, enters serenely upon the subject. Reason and discussion, persuasion and conviction, become the weapons in the contest, and it is only when those are attempted to be suppressed that recourse is had to violence. When men unite in agreeing that a thing is good, could it be obtained, such for instance as relief from a burden of taxes and the extinction of corruption, the object is more than half accomplished. What they approve as the end, they will promote in the means.
Will any man say, in the present excess of taxation, falling so heavily on the poor, that a remission of five pounds annually of taxes to one hundred and four thousand poor families is not a good thing? Will he say that a remission of seven pounds annually to one hundred thousand other poor families—of eight pounds annually to another hundred thousand poor families, and of ten pounds annually to fifty thousand poor and widowed families, are not good things? And, to proceed a step further in this climax, will he say that to provide against the misfortunes to which all human life is subject, by securing six pounds annually for all poor, distressed, and reduced persons of the age of fifty and until sixty, and of ten pounds annually after sixty, is not a good thing?
Will he say that an abolition of two millions of poor-rates to the house-keepers, and of the whole of the house and window-light tax and of the commutation tax is not a good thing? Or will he say that to abolish corruption is a bad thing?
If, therefore, the good to be obtained be worthy of a passive, rational, and costless revolution, it would be bad policy to prefer waiting for a calamity that should force a violent one. I have no idea, considering the reforms which are now passing and spreading throughout Europe, that England will permit herself to be the last; and where the occasion and the opportunity quietly offer, it is better than to wait for a turbulent necessity. It may be considered as an honour to the animal faculties of man to obtain redress by courage and danger, but it is far greater honour to the rational faculties to accomplish the same object by reason, accommodation, and general consent.*40
As reforms, or revolutions, call them which you please, extend themselves among nations, those nations will form connections and conventions, and when a few are thus confederated, the progress will be rapid, till despotism and corrupt government be totally expelled, at least out of two quarters of the world, Europe and America. The Algerine piracy may then be commanded to cease, for it is only by the malicious policy of old governments, against each other, that it exists.
Throughout this work, various and numerous as the subjects are, which I have taken up and investigated, there is only a single paragraph upon religion, viz. "that every religion is good that teaches man to be good."
I have carefully avoided to enlarge upon the subject, because I am inclined to believe that what is called the present ministry, wish to see contentions about religion kept up, to prevent the nation turning its attention to subjects of government. It is as if they were to say, "Look that way, or any way, but this."
But as religion is very improperly made a political machine, and the reality of it is thereby destroyed, I will conclude this work with stating in what light religion appears to me.
If we suppose a large family of children, who, on any particular day, or particular circumstance, made it a custom to present to their parents some token of their affection and gratitude, each of them would make a different offering, and most probably in a different manner. Some would pay their congratulations in themes of verse and prose, by some little devices, as their genius dictated, or according to what they thought would please; and, perhaps, the least of all, not able to do any of those things, would ramble into the garden, or the field, and gather what it thought the prettiest flower it could find, though, perhaps, it might be but a simple weed. The parent would be more gratified by such a variety, than if the whole of them had acted on a concerted plan, and each had made exactly the same offering. This would have the cold appearance of contrivance, or the harsh one of control. But of all unwelcome things, nothing could more afflict the parent than to know, that the whole of them had afterwards gotten together by the ears, boys and girls, fighting, scratching, reviling, and abusing each other about which was the best or the worst present.
Why may we not suppose, that the great Father of all is pleased with variety of devotion; and that the greatest offence we can act, is that by which we seek to torment and render each other miserable? For my own part, I am fully satisfied that what I am now doing, with an endeavour to conciliate mankind, to render their condition happy, to unite nations that have hitherto been enemies, and to extirpate the horrid practice of war, and break the chains of slavery and oppression is acceptable in his sight, and being the best service I can perform, I act it cheerfully.
I do not believe that any two men, on what are called doctrinal points, think alike who think at all. It is only those who have not thought that appear to agree. It is in this case as with what is called the British constitution. It has been taken for granted to be good, and encomiums have supplied the place of proof. But when the nation comes to examine into its principles and the abuses it admits, it will be found to have more defects than I have pointed out in this work and the former.
As to what are called national religions, we may, with as much propriety, talk of national Gods. It is either political craft or the remains of the Pagan system, when every nation had its separate and particular deity. Among all the writers of the English church clergy, who have treated on the general subject of religion, the present Bishop of Llandaff has not been excelled, and it is with much pleasure that I take this opportunity of expressing this token of respect.
I have now gone through the whole of the subject, at least, as far as it appears to me at present. It has been my intention for the five years I have been in Europe, to offer an address to the people of England on the subject of government, if the opportunity presented itself before I returned to America. Mr. Burke has thrown it in my way, and I thank him. On a certain occasion, three years ago, I pressed him to propose a national convention, to be fairly elected, for the purpose of taking the state of the nation into consideration; but I found, that however strongly the parliamentary current was then setting against the party he acted with, their policy was to keep every thing within that field of corruption, and trust to accidents. Long experience had shown that parliaments would follow any change of ministers, and on this they rested their hopes and their expectations.
Formerly, when divisions arose respecting governments, recourse was had to the sword, and a civil war ensued. That savage custom is exploded by the new system, and reference is had to national conventions. Discussion and the general will arbitrates the question, and to this, private opinion yields with a good grace, and order is preserved uninterrupted.
Some gentlemen have affected to call the principles upon which this work and the former part of Rights of Man are founded, "a new-fangled doctrine." The question is not whether those principles are new or old, but whether they are right or wrong. Suppose the former, I will show their effect by a figure easily understood.
It is now towards the middle of February. Were I to take a turn into the country, the trees would present a leafless, wintery appearance. As people are apt to pluck twigs as they walk along, I perhaps might do the same, and by chance might observe, that a single bud on that twig had begun to swell. I should reason very unnaturally, or rather not reason at all, to suppose this was the only bud in England which had this appearance. Instead of deciding thus, I should instantly conclude, that the same appearance was beginning, or about to begin, every where; and though the vegetable sleep will continue longer on some trees and plants than on others, and though some of them may not blossom for two or three years, all will be in leaf in the summer, except those which are rotten. What pace the political summer may keep with the natural, no human foresight can determine. It is, however, not difficult to perceive that the spring is begun.—Thus wishing, as I sincerely do, freedom and happiness to all nations, I close the Second Part.
English
If such a connection is possible, let me explain how an alliance with Holland as well could help not just its members but all of Europe.
I think that if England, France, and Holland joined their fleets, they could effectively propose limits on every navy in Europe and a general reduction to an agreed size.
First, no European power, including the members of the alliance, would build another warship.
Second, every existing navy would be reduced to, say, one-tenth its present strength. France and England would each save at least two million pounds sterling a year. The relative size of their navies would remain unchanged. If people would think rationally, they would see how absurd it is, even apart from the moral issues, to spend money building warships, filling them with crews, and sending them out to sea to see which side can sink the other fastest. Peace costs nothing and offers far more benefits than even the most expensive victory. But while peace serves the interests of nations, it does not serve court governments. Their usual policy is to invent reasons for taxes, jobs, and offices.
I also think that these allied powers, together with the United States of America, could effectively urge Spain to grant South America independence. They could urge Spain to open those vast, wealthy countries to trade with the whole world, as North America already is.
A country gains far more honor and benefit by using its strength to free others from oppression and make friends than by using it to spread ruin, destruction, and misery. The English government's horrifying actions in the East Indies are the kind of story one expects to hear about the Goths and Vandals. Lacking principles, they robbed and tortured a world whose riches they could not enjoy.
Opening South America would create a vast opportunity for trade and a market that pays cash for manufactured goods, unlike the East. The East already produces many manufactured goods. Importing them not only harms English manufacturers but drains England of silver and gold. Trade with the East regularly costs England more than it brings in. More than half a million pounds a year in silver goes out on East India ships. That trade, together with German intrigue and payments to German rulers, explains why England has so little silver.
But governments like these profit from any war, however ruinous it is for the country. War lets them keep up false expectations that distract people from looking at the faults and abuses of government. They cry, "Look here! Look there!" to entertain and deceive the public.
The revolutions in America and France have created an opportunity greater than any England or Europe has ever had. The first gave freedom a nation to defend it in the western world. The second did the same in Europe. Once another nation joins France, tyranny and bad government will hardly dare show themselves. As people often say, the iron is heating up across Europe. Germans who have been insulted, Spaniards who have been enslaved, Russians, and Poles are starting to think for themselves. People in the future will have reason to call this the Age of Reason. To them, our generation will look like the first human beings in a new world.
Once all European governments are based on representation, nations will come to know one another. The hatred and prejudices stirred up by court intrigues will end. Oppressed soldiers will become free citizens. Sailors will no longer be mistreated and dragged through the streets like criminals; they will safely make voyages for trade. Countries would do better to keep paying their soldiers for life, release them to their freedom and their friends, and stop recruiting. That would be better than spending the same money to keep so many people in a condition that benefits neither society nor themselves. In most countries, soldiers have been treated as if they have no friends. Civilians avoid them because they fear soldiers are enemies of freedom. Commanders insult them all too often. They suffer on both sides. But when a people truly believe in liberty, things are put right: treat soldiers with respect, and they respond in kind.
Revolutions can begin for two different reasons. People may want to escape some great harm, or they may want to achieve some great benefit. We can call these active and passive revolutions. When people revolt to escape harm, they grow angry and bitter. The reform they win at great risk is too often stained by revenge. But when people seek a positive good, they are inspired rather than agitated and approach the matter calmly. Their tools are reason, discussion, persuasion, and conviction. They turn to violence only when someone tries to silence those methods. When people agree that a goal is good if they can achieve it—such as easing the burden of taxes and ending corruption—they have already done more than half the work. Once they approve of the goal, they will support the means to reach it.
With taxes so excessive and so hard on the poor, will anyone say it is bad to give one hundred and four thousand poor families relief from five pounds a year in taxes? Will anyone say it is bad to give one hundred thousand other poor families relief from seven pounds a year, another hundred thousand relief from eight pounds a year, and fifty thousand poor and widowed families relief from ten pounds a year? And to take this further, is it bad to protect people against hardships that can strike anyone? That protection would give every poor person, anyone in distress, and anyone who has lost their livelihood six pounds a year from age fifty until sixty, and ten pounds a year after sixty.
Will anyone say it is bad to abolish two million pounds in poor rates paid by householders, the entire tax on houses and windows, and the commutation tax? Or will anyone say it is bad to end corruption?
If these benefits are worth a peaceful, reasonable revolution that costs nothing, it would be unwise to wait for a disaster that forces a violent one. Reforms are already happening and spreading across Europe. I cannot imagine England letting itself be the last to make them. When a peaceful chance presents itself, taking it is better than waiting until turmoil makes reform unavoidable. It may reflect well on human courage to win change by facing danger. But it reflects far better on our ability to reason to achieve the same result through discussion, compromise, and general agreement.*40
As reforms—or revolutions, whatever you call them—spread among nations, those nations will make alliances and agreements. Once a few have joined together, progress will speed up until tyranny and corrupt government are driven out of at least two parts of the world, Europe and America. We can then order an end to piracy from Algiers. It continues only because old governments use it against one another as part of their spiteful policies.
This work has examined many different subjects. But in all of it, I have written only one paragraph about religion, including the statement "that every religion is good that teaches man to be good."
I have deliberately avoided saying more. I believe those now called the ministry want religious disputes to continue so the nation will not pay attention to government. It is as though they were saying, "Look that way, or any way, but this."
But religion is wrongly used as a political tool, and that destroys what is real in it. So I will end this work by explaining how I see religion.
Imagine a large family of children who have a custom of giving their parents a sign of love and thanks on a particular day or for a particular occasion. Each child would probably give something different, in a different way. Some might offer congratulations in poetry or prose. Others might make little gifts according to their talents or what they thought would please their parents. Perhaps the youngest child, unable to do any of that, would wander into the garden or a field and pick the prettiest flower it could find, even if it was just a common weed. The parent would enjoy this variety more than a plan under which every child brought exactly the same gift. A planned display would seem cold and artificial, or suggest harsh control. But nothing would distress the parent more than learning that all the children later fought among themselves, boys and girls alike. They would hit, scratch, insult, and abuse one another over whose gift was best or worst.
Why not suppose that the great Father of all is pleased by different kinds of worship? Why not suppose that the worst offense we can commit is to torment one another and make one another miserable? For my part, I am sure he approves of what I am doing now. I am trying to bring people together, make their lives happier, unite nations that have been enemies, end the horrible practice of war, and break the chains of slavery and oppression. It is the best service I can give, and I give it gladly.
I do not believe that any two people who think about religious doctrine agree on every point. Only those who have not thought about it seem to agree. The same is true of what people call the British constitution. People have simply assumed it is good and praised it instead of offering proof. When the nation examines its principles and the abuses it allows, people will find even more faults than I have described in this work and its earlier part.
So-called national religions make no more sense than national gods. They are either a political trick or a leftover from paganism, when every nation had its own particular god. Of all the writers among English church clergy who have discussed religion in general, none has surpassed the current Bishop of Llandaff. I am glad to take this opportunity to express my respect for him.
I have now covered the whole subject, at least as far as I can see it now. During the five years I have spent in Europe, I have intended to speak to the people of England about government if I had the chance before returning to America. Mr. Burke gave me that chance, and I thank him. Three years ago, on one occasion, I urged him to propose a fairly elected national convention to examine the condition of the country. But although the direction of Parliament was then strongly against his party, I found that its policy was to keep everything within that corrupt parliamentary system and hope for a lucky turn. Experience had shown that Parliament would follow any change of ministers. That was where his party placed its hopes.
In the past, disputes over governments were settled by the sword, leading to civil war. The new system rejects that savage custom and turns instead to national conventions. Discussion and the general will settle the matter. Individuals accept the result willingly, and public order continues without interruption.
Some gentlemen have tried to call the principles behind this work and the earlier part of Rights of Man "a new-fangled doctrine." What matters is not whether the principles are new or old, but whether they are right or wrong. If they are right, I can explain their effect with an easy example.
It is now nearly the middle of February. If I walked in the countryside, the trees would look bare and wintry. People often pluck twigs as they walk, and I might do so too. I might happen to notice that one bud on my twig had begun to swell. It would make no sense to conclude that it was the only swelling bud in England. I would immediately suppose that the same thing was beginning, or about to begin, everywhere. Some trees and plants will remain dormant longer than others. Some may not bloom for two or three years. Still, all except the rotten ones will have leaves in the summer. No one can predict how closely a political summer will follow the natural one. But it is easy to see that spring has begun. With a sincere wish for the freedom and happiness of all nations, I end the Second Part.
Part II: Appendix
18th-century English
As the publication of this work has been delayed beyond the time intended, I think it not improper, all circumstances considered, to state the causes that have occasioned delay.
The reader will probably observe, that some parts in the plan contained in this work for reducing the taxes, and certain parts in Mr. Pitt's speech at the opening of the present session, Tuesday, January 31, are so much alike as to induce a belief, that either the author had taken the hint from Mr. Pitt, or Mr. Pitt from the author.—I will first point out the parts that are similar, and then state such circumstances as I am acquainted with, leaving the reader to make his own conclusion.
Considering it as almost an unprecedented case, that taxes should be proposed to be taken off, it is equally extraordinary that such a measure should occur to two persons at the same time; and still more so (considering the vast variety and multiplicity of taxes) that they should hit on the same specific taxes. Mr. Pitt has mentioned, in his speech, the tax on Carts and Wagons—that on Female Servantsthe lowering the tax on Candles and the taking off the tax of three shillings on Houses having under seven windows.
Every one of those specific taxes are a part of the plan contained in this work, and proposed also to be taken off. Mr. Pitt's plan, it is true, goes no further than to a reduction of three hundred and twenty thousand pounds; and the reduction proposed in this work, to nearly six millions. I have made my calculations on only sixteen millions and an half of revenue, still asserting that it was "very nearly, if not quite, seventeen millions." Mr. Pitt states it at 16,690,000. I know enough of the matter to say, that he has not overstated it. Having thus given the particulars, which correspond in this work and his speech, I will state a chain of circumstances that may lead to some explanation.
The first hint for lessening the taxes, and that as a consequence flowing from the French revolution, is to be found in the Address and Declaration of the Gentlemen who met at the Thatched-House Tavern, August 20, 1791. Among many other particulars stated in that Address, is the following, put as an interrogation to the government opposers of the French Revolution. "Are they sorry that the pretence for new oppressive taxes, and the occasion for continuing many old taxes will be at an end?"
It is well known that the persons who chiefly frequent the Thatched-House Tavern, are men of court connections, and so much did they take this Address and Declaration respecting the French Revolution, and the reduction of taxes in disgust, that the Landlord was under the necessity of informing the Gentlemen, who composed the meeting of the 20th of August, and who proposed holding another meeting, that he could not receive them.*41
What was only hinted in the Address and Declaration respecting taxes and principles of government, will be found reduced to a regular system in this work. But as Mr. Pitt's speech contains some of the same things respecting taxes, I now come to give the circumstances before alluded to.
The case is: This work was intended to be published just before the meeting of Parliament, and for that purpose a considerable part of the copy was put into the printer's hands in September, and all the remaining copy, which contains the part to which Mr. Pitt's speech is similar, was given to him full six weeks before the meeting of Parliament, and he was informed of the time at which it was to appear. He had composed nearly the whole about a fortnight before the time of Parliament meeting, and had given me a proof of the next sheet. It was then in sufficient forwardness to be out at the time proposed, as two other sheets were ready for striking off. I had before told him, that if he thought he should be straitened for time, I could get part of the work done at another press, which he desired me not to do. In this manner the work stood on the Tuesday fortnight preceding the meeting of Parliament, when all at once, without any previous intimation, though I had been with him the evening before, he sent me, by one of his workmen, all the remaining copy, declining to go on with the work on any consideration.
To account for this extraordinary conduct I was totally at a loss, as he stopped at the part where the arguments on systems and principles of government closed, and where the plan for the reduction of taxes, the education of children, and the support of the poor and the aged begins; and still more especially, as he had, at the time of his beginning to print, and before he had seen the whole copy, offered a thousand pounds for the copy-right, together with the future copy-right of the former part of the Rights of Man. I told the person who brought me this offer that I should not accept it, and wished it not to be renewed, giving him as my reason, that though I believed the printer to be an honest man, I would never put it in the power of any printer or publisher to suppress or alter a work of mine, by making him master of the copy, or give to him the right of selling it to any minister, or to any other person, or to treat as a mere matter of traffic, that which I intended should operate as a principle.
His refusal to complete the work (which he could not purchase) obliged me to seek for another printer, and this of consequence would throw the publication back till after the meeting of Parliament, otherways it would have appeared that Mr. Pitt had only taken up a part of the plan which I had more fully stated.
Whether that gentleman, or any other, had seen the work, or any part of it, is more than I have authority to say. But the manner in which the work was returned, and the particular time at which this was done, and that after the offers he had made, are suspicious circumstances. I know what the opinion of booksellers and publishers is upon such a case, but as to my own opinion, I choose to make no declaration. There are many ways by which proof sheets may be procured by other persons before a work publicly appears; to which I shall add a certain circumstance, which is,
A ministerial bookseller in Piccadilly who has been employed, as common report says, by a clerk of one of the boards closely connected with the ministry (the board of trade and plantation, of which Hawkesbury is president) to publish what he calls my Life, (I wish his own life and those of the cabinet were as good), used to have his books printed at the same printing-office that I employed; but when the former part of Rights of Man came out, he took his work away in dudgeon; and about a week or ten days before the printer returned my copy, he came to make him an offer of his work again, which was accepted. This would consequently give him admission into the printing-office where the sheets of this work were then lying; and as booksellers and printers are free with each other, he would have the opportunity of seeing what was going on.—Be the case, however, as it may, Mr. Pitt's plan, little and diminutive as it is, would have made a very awkward appearance, had this work appeared at the time the printer had engaged to finish it.
I have now stated the particulars which occasioned the delay, from the proposal to purchase, to the refusal to print. If all the Gentlemen are innocent, it is very unfortunate for them that such a variety of suspicious circumstances should, without any design, arrange themselves together.
Having now finished this part, I will conclude with stating another circumstance.
About a fortnight or three weeks before the meeting of Parliament, a small addition, amounting to about twelve shillings and sixpence a year, was made to the pay of the soldiers, or rather their pay was docked so much less. Some Gentlemen who knew, in part, that this work would contain a plan of reforms respecting the oppressed condition of soldiers, wished me to add a note to the work, signifying that the part upon that subject had been in the printer's hands some weeks before that addition of pay was proposed. I declined doing this, lest it should be interpreted into an air of vanity, or an endeavour to excite suspicion (for which perhaps there might be no grounds) that some of the government gentlemen had, by some means or other, made out what this work would contain: and had not the printing been interrupted so as to occasion a delay beyond the time fixed for publication, nothing contained in this appendix would have appeared.
Thomas Paine
English
This work has come out later than I planned. Given the circumstances, I think I should explain why it was delayed.
Readers may notice that parts of my plan to cut taxes look very much like parts of Mr. Pitt's speech at the opening of the present session on Tuesday, January 31. They might think that I got the idea from Mr. Pitt, or that he got it from me. I will first identify the similarities. Then I will tell you the circumstances I know about and leave you to draw your own conclusion.
It is almost unheard of to propose removing taxes, so it is remarkable that two people would think of doing it at the same time. It is even more remarkable that, out of so many different taxes, they would choose the same ones. In his speech, Mr. Pitt mentioned the taxes on carts and wagons and on female servants. He also proposed reducing the tax on candles and removing the three-shilling tax on houses with fewer than seven windows.
Every one of these taxes appears in my plan as a tax to remove. Mr. Pitt's plan, however, cuts taxes by only three hundred and twenty thousand pounds. My plan cuts them by nearly six millions. I based my calculations on revenue of only sixteen and a half millions, though I maintained that the actual figure was "very nearly, if not quite, seventeen millions." Mr. Pitt puts it at 16,690,000. I know enough about the matter to say he has not overstated it. Now that I have identified the similarities between his speech and this work, I will lay out a sequence of events that may help explain them.
The first suggestion that taxes could be reduced as a result of the French Revolution appeared in the Address and Declaration of the Gentlemen who met at the Thatched-House Tavern on August 20, 1791. Among its many points, the Address put this question to the government's opponents of the French Revolution: "Are they sorry that the excuse for new oppressive taxes, and the reason for keeping many old taxes, will come to an end?"
The people who usually go to the Thatched-House Tavern are known to have court connections. They were so offended by this Address and Declaration about the French Revolution and lower taxes that the landlord had to tell the gentlemen who had met on August 20, and who wanted to meet again, that he could not receive them.*41
This work develops into a systematic plan what the Address and Declaration merely suggested about taxes and the principles of government. But Mr. Pitt's speech says some of the same things about taxes. I will now give the circumstances I mentioned earlier.
Here is what happened. I intended to publish this work just before Parliament met. To that end I gave the printer a substantial part of the manuscript in September. I gave him all the rest, including the part resembling Mr. Pitt's speech, a full six weeks before Parliament met. I also told him when the work was due to appear. About two weeks before Parliament met, he had set nearly all of it in type and had given me a proof of the next sheet. The work was far enough along to come out on schedule: two more sheets were ready to be printed. Earlier I had told him that, if he feared he would run short of time, I could have part of the work printed elsewhere. He asked me not to. That was the situation on the Tuesday two weeks before Parliament met. Then, without any warning, although I had seen him the previous evening, he sent one of his workers to return all the remaining manuscript. He refused to continue the work under any circumstances.
I had no idea how to account for this strange behavior. He stopped just where my discussion of systems and principles of government ended and my plan began for cutting taxes, educating children, and supporting poor and elderly people. It was all the more puzzling because, when he first began printing, and before he had seen the entire manuscript, he had offered a thousand pounds for the copyright, along with the future copyright to the first part of Rights of Man. I told the person who brought me that offer that I would not accept it and did not want it repeated. I explained that, although I believed the printer was an honest man, I would never let a printer or publisher own my manuscript and thereby gain the power to suppress or change my work. Nor would I give him the right to sell it to a minister or anyone else. I intended the work to advance a principle, not to become a mere item for trade.
Because he refused to finish a work he could not buy, I had to find another printer. That necessarily postponed publication until after Parliament met. Otherwise people would have seen that Mr. Pitt had adopted only part of a plan I had set out more fully.
I cannot say with certainty whether Mr. Pitt, or anyone else, had seen this work or any part of it. But the way the printer returned it, the precise time he did so, and the offers he had made earlier are suspicious. I know what booksellers and publishers think of such a case, but I choose not to state my own opinion. There are many ways for someone to get proof sheets before a work is published. I will add one particular circumstance:
A bookseller in Piccadilly with ties to the ministry has published what he calls my Life. According to common report, he was employed to do so by a clerk of a government board closely connected with the ministry: the board of trade and plantation, whose president is Hawkesbury. I wish this bookseller's own life and the lives of the cabinet members were as good as mine. He used to have his books printed at the same office I used. But when the first part of Rights of Man came out, he angrily took his work elsewhere. About a week or ten days before the printer returned my manuscript, he came back and offered the printer his business again. The printer accepted. This gave the bookseller access to the printing office, where the sheets of this work were lying. Since booksellers and printers deal openly with each other, he would have had a chance to see what was going on. Whatever happened, Mr. Pitt's plan, small and inadequate as it is, would have looked very awkward if my work had come out when the printer had promised to finish it.
I have now described what delayed the work, from the offer to buy it to the refusal to print it. If all these gentlemen are innocent, it is very unfortunate for them that so many suspicious circumstances happened to come together without anyone planning it.
I will finish by describing one more circumstance.
About two or three weeks before Parliament met, soldiers received a small increase in pay of about twelve shillings and sixpence a year—or, more precisely, their pay was docked by that much less. Some gentlemen knew that this work would include a plan to reform the soldiers' oppressed condition. They wanted me to add a note saying that the section on soldiers had been with the printer for several weeks before the increase was proposed. I refused. Such a note might look like vanity or like an attempt to stir up suspicion, perhaps without cause, that some members of the government had somehow found out what my work would say. If printing had not been interrupted and publication delayed past the intended date, nothing in this appendix would have appeared.
Thomas Paine
Author's Notes to Parts I and II, 1
18th-century English
1 The main and uniform maxim of the judges is, the greater the truth the greater the libel.
2 Since writing the above, two other places occur in Mr. Burke's pamphlet in which the name of the Bastille is mentioned, but in the same manner. In the one he introduces it in a sort of obscure question, and asks: "Will any ministers who now serve such a king, with but a decent appearance of respect, cordially obey the orders of those whom but the other day, in his name, they had committed to the Bastille?" In the other the taking it is mentioned as implying criminality in the French guards, who assisted in demolishing it. "They have not," says he, "forgot the taking the king's castles at Paris." This is Mr. Burke, who pretends to write on constitutional freedom.
3 I am warranted in asserting this, as I had it personally from M. de la Fayette, with whom I lived in habits of friendship for fourteen years.
4 An account of the expedition to Versailles may be seen in No. 13 of the Revolution de Paris containing the events from the 3rd to the 10th of October, 1789.
5 It is a practice in some parts of the country, when two travellers have but one horse, which, like the national purse, will not carry double, that the one mounts and rides two or three miles ahead, and then ties the horse to a gate and walks on. When the second traveller arrives he takes the horse, rides on, and passes his companion a mile or two, and ties again, and so on—Ride and tie.
6 The word he used was renvoye, dismissed or sent away.
7 When in any country we see extraordinary circumstances taking place, they naturally lead any man who has a talent for observation and investigation, to enquire into the causes. The manufacturers of Manchester, Birmingham, and Sheffield, are the principal manufacturers in England. From whence did this arise? A little observation will explain the case. The principal, and the generality of the inhabitants of those places, are not of what is called in England, the church established by law: and they, or their fathers, (for it is within but a few years) withdrew from the persecution of the chartered towns, where test-laws more particularly operate, and established a sort of asylum for themselves in those places. It was the only asylum that then offered, for the rest of Europe was worse.—But the case is now changing. France and America bid all comers welcome, and initiate them into all the rights of citizenship. Policy and interest, therefore, will, but perhaps too late, dictate in England, what reason and justice could not. Those manufacturers are withdrawing, and arising in other places. There is now erecting in Passey, three miles from Paris, a large cotton manufactory, and several are already erected in America. Soon after the rejecting the Bill for repealing the test-law, one of the richest manufacturers in England said in my hearing, "England, Sir, is not a country for a dissenter to live in,—we must go to France." These are truths, and it is doing justice to both parties to tell them. It is chiefly the dissenters that have carried English manufactures to the height they are now at, and the same men have it in their power to carry them away; and though those manufactures would afterwards continue in those places, the foreign market will be lost. There frequently appear in the London Gazette, extracts from certain acts to prevent machines and persons, as far as they can extend to persons, from going out of the country. It appears from these that the ill effects of the test-laws and church-establishment begin to be much suspected; but the remedy of force can never supply the remedy of reason. In the progress of less than a century, all the unrepresented part of England, of all denominations, which is at least an hundred times the most numerous, may begin to feel the necessity of a constitution, and then all those matters will come regularly before them.
8 When the English Minister, Mr. Pitt, mentions the French finances again in the English Parliament, it would be well that he noticed this as an example.
9 Mr. Burke, (and I must take the liberty of telling him that he is very unacquainted with French affairs), speaking upon this subject, says, "The first thing that struck me in calling the States-General, was a great departure from the ancient course";—and he soon after says, "From the moment I read the list, I saw distinctly, and very nearly as it has happened, all that was to follow."—Mr. Burke certainly did not see an that was to follow. I endeavoured to impress him, as well before as after the States-General met, that there would be a revolution; but was not able to make him see it, neither would he believe it. How then he could distinctly see all the parts, when the whole was out of sight, is beyond my comprehension. And with respect to the "departure from the ancient course," besides the natural weakness of the remark, it shows that he is unacquainted with circumstances. The departure was necessary, from the experience had upon it, that the ancient course was a bad one. The States-General of 1614 were called at the commencement of the civil war in the minority of Louis XIII.; but by the class of arranging them by orders, they increased the confusion they were called to compose. The author of L'Intrigue du Cabinet, (Intrigue of the Cabinet), who wrote before any revolution was thought of in France, speaking of the States-General of 1614, says, "They held the public in suspense five months; and by the questions agitated therein, and the heat with which they were put, it appears that the great (les grands) thought more to satisfy their particular passions, than to procure the goods of the nation; and the whole time passed away in altercations, ceremonies and parade."—L'Intrigue du Cabinet, vol. i. p. 329.
10 There is a single idea, which, if it strikes rightly upon the mind, either in a legal or a religious sense, will prevent any man or any body of men, or any government, from going wrong on the subject of religion; which is, that before any human institutions of government were known in the world, there existed, if I may so express it, a compact between God and man, from the beginning of time: and that as the relation and condition which man in his individual person stands in towards his Maker cannot be changed by any human laws or human authority, that religious devotion, which is a part of this compact, cannot so much as be made a subject of human laws; and that all laws must conform themselves to this prior existing compact, and not assume to make the compact conform to the laws, which, besides being human, are subsequent thereto. The first act of man, when he looked around and saw himself a creature which he did not make, and a world furnished for his reception, must have been devotion; and devotion must ever continue sacred to every individual man, as it appears, right to him; and governments do mischief by interfering.
11 See this work, Part I starting at line number 254.—N.B. Since the taking of the Bastille, the occurrences have been published: but the matters recorded in this narrative, are prior to that period; and some of them, as may be easily seen, can be but very little known.
12 See "Estimate of the Comparative Strength of Great Britain," by G. Chalmers.
13 See "Administration of the Finances of France," vol. iii, by M. Neckar.
14 "Administration of the Finances of France," vol. iii.
15 Whether the English commerce does not bring in money, or whether the government sends it out after it is brought in, is a matter which the parties concerned can best explain; but that the deficiency exists, is not in the power of either to disprove. While Dr. Price, Mr. Eden, (now Auckland), Mr. Chalmers, and others, were debating whether the quantity of money in England was greater or less than at the Revolution, the circumstance was not adverted to, that since the Revolution, there cannot have been less than four hundred millions sterling imported into Europe; and therefore the quantity in England ought at least to have been four times greater than it was at the Revolution, to be on a proportion with Europe. What England is now doing by paper, is what she would have been able to do by solid money, if gold and silver had come into the nation in the proportion it ought, or had not been sent out; and she is endeavouring to restore by paper, the balance she has lost by money. It is certain, that the gold and silver which arrive annually in the register-ships to Spain and Portugal, do not remain in those countries. Taking the value half in gold and half in silver, it is about four hundred tons annually; and from the number of ships and galloons employed in the trade of bringing those metals from South-America to Portugal and Spain, the quantity sufficiently proves itself, without referring to the registers.
In the situation England now is, it is impossible she can increase in money. High taxes not only lessen the property of the individuals, but they lessen also the money capital of the nation, by inducing smuggling, which can only be carried on by gold and silver. By the politics which the British Government have carried on with the Inland Powers of Germany and the Continent, it has made an enemy of all the Maritime Powers, and is therefore obliged to keep up a large navy; but though the navy is built in England, the naval stores must be purchased from abroad, and that from countries where the greatest part must be paid for in gold and silver. Some fallacious rumours have been set afloat in England to induce a belief in money, and, among others, that of the French refugees bringing great quantities. The idea is ridiculous. The general part of the money in France is silver; and it would take upwards of twenty of the largest broad wheel wagons, with ten horses each, to remove one million sterling of silver. Is it then to be supposed, that a few people fleeing on horse-back or in post-chaises, in a secret manner, and having the French Custom-House to pass, and the sea to cross, could bring even a sufficiency for their own expenses?
When millions of money are spoken of, it should be recollected, that such sums can only accumulate in a country by slow degrees, and a long procession of time. The most frugal system that England could now adopt, would not recover in a century the balance she has lost in money since the commencement of the Hanover succession. She is seventy millions behind France, and she must be in some considerable proportion behind every country in Europe, because the returns of the English mint do not show an increase of money, while the registers of Lisbon and Cadiz show an European increase of between three and four hundred millions sterling.]
16 That part of America which is generally called New-England, including New-Hampshire, Massachusetts, Rhode-Island, and Connecticut, is peopled chiefly by English descendants. In the state of New-York about half are Dutch, the rest English, Scotch, and Irish. In New-jersey, a mixture of English and Dutch, with some Scotch and Irish. In Pennsylvania about one third are English, another Germans, and the remainder Scotch and Irish, with some Swedes. The States to the southward have a greater proportion of English than the middle States, but in all of them there is a mixture; and besides those enumerated, there are a considerable number of French, and some few of all the European nations, lying on the coast. The most numerous religious denomination are the Presbyterians; but no one sect is established above another, and all men are equally citizens.
17 For a character of aristocracy, the reader is referred to Rights of Man, Part I., starting at line number 1457.
18 The whole amount of the assessed taxes of France, for the present year, is three hundred millions of francs, which is twelve millions and a half sterling; and the incidental taxes are estimated at three millions, making in the whole fifteen millions and a half; which among twenty-four millions of people, is not quite thirteen shillings per head. France has lessened her taxes since the revolution, nearly nine millions sterling annually. Before the revolution, the city of Paris paid a duty of upwards of thirty per cent. on all articles brought into the city. This tax was collected at the city gates. It was taken off on the first of last May, and the gates taken down.
English
1 The judges' consistent guiding rule is that the truer a statement is, the more seriously they treat it as libel.
2 Since writing the passage above, I have found two other places where Mr. Burke mentions the Bastille in his pamphlet. He treats it in much the same way. In one, he raises a rather obscure question: "Will ministers who now serve a king with at least an appearance of respect willingly obey orders from people whom, just the other day, they had sent to the Bastille in his name?" In the other, he mentions its capture as if the French guards who helped tear it down were guilty of a crime. "They have not," he says, "forgot the taking of the king's castles at Paris." This is the Mr. Burke who claims to write about constitutional freedom.
3 I can state this with confidence because M. de la Fayette told me himself. I was his friend for fourteen years.
4 An account of the expedition to Versailles appears in No. 13 of the Revolution de Paris, which covers events from the 3rd to the 10th of October, 1789.
5 In some parts of the country, when two travelers have only one horse, which, like the national purse, cannot carry both at once, they use this method. One rides two or three miles ahead, ties the horse to a gate, and walks on. The second arrives, mounts, rides a mile or two beyond his companion, and ties the horse again. They repeat this process, known as "ride and tie."
6 The word he used was renvoye, meaning dismissed or sent away.
7 When unusual things happen in a country, an observant and inquisitive person naturally asks why. Manchester, Birmingham, and Sheffield are the chief manufacturing centers in England. Why did manufacturing grow there? A little observation explains it. Most of the important residents, and most residents generally, do not belong to what England calls the church established by law. They, or their fathers—for this happened only a few years ago—left the chartered towns to escape persecution, especially the test laws enforced there. They found something like a refuge in those other places. It was the only refuge available then, because the rest of Europe was worse. But things are changing. France and America welcome newcomers and give them full rights of citizenship. England may therefore be driven by self-interest and policy, perhaps too late, to do what reason and justice could not make it do. Manufacturers are leaving England and setting up elsewhere. A large cotton factory is now being built at Passey, three miles from Paris, and several have already been built in America. Soon after the bill to repeal the test law was rejected, one of England's richest manufacturers said in my hearing, "England, Sir, is no country for a dissenter to live in. We must go to France." These things are true, and both sides deserve to be told. Dissenters have been chiefly responsible for bringing English manufacturing to its present level, and those same people can take it abroad. Manufacturing may continue in its old locations, but the foreign market will be lost. The London Gazette often prints extracts from acts intended to stop machines and, as far as the law can reach them, people from leaving the country. This suggests that people are beginning to suspect the harmful effects of test laws and the established church. But force can never do the work of reason. Within less than a century, the unrepresented people of England, of every denomination, who outnumber the represented by at least a hundred to one, may begin to see the need for a constitution. Then all these matters will properly come before them.
8 The next time the English minister, Mr. Pitt, discusses French finances in the English Parliament, he should mention this example.
9 Speaking of this matter, Mr. Burke says, "The first thing that struck me about calling the States-General was a great break from the old practice." I must tell him that he knows very little about French affairs. Soon afterward he says, "As soon as I read the list, I clearly saw everything that would follow, almost exactly as it happened." Mr. Burke certainly did not see everything that would follow. I tried, both before and after the States-General met, to convince him that there would be a revolution. I could neither make him see it nor make him believe it. How could he have clearly seen all the parts when he could not see the whole? I cannot understand it. As for the "break from the old practice," the remark is weak in itself and shows his ignorance of the circumstances. Experience showed that the old practice was bad, so a change was necessary. The States-General of 1614 met at the beginning of a civil war, when Louis XIII. was still a minor. But because its members were organized into separate orders, it increased the disorder it was called to resolve. The author of L'Intrigue du Cabinet (Intrigue of the Cabinet) wrote before anyone expected a revolution in France. Speaking of the States-General of 1614, he says, "They kept the public waiting for five months. The questions debated and the passion with which they were argued show that the great (les grands) cared more about satisfying their private desires than about securing the nation's good. The entire time was spent in quarrels, ceremonies, and display." L'Intrigue du Cabinet, vol. i. p. 329.
10 One idea, properly understood in legal or religious terms, can keep any person, group, or government from going wrong about religion. Before human governments existed, there was, so to speak, an agreement between God and humanity from the beginning of time. No human law or authority can change an individual's relationship to the Creator. Religious devotion is part of that agreement, so it cannot even be made a subject of human law. Laws must comply with this earlier agreement. They must not claim that the agreement has to comply with them: they were made by people and came later. When a person first looked around, saw that he had not created himself, and saw a world prepared for him, his first act must have been devotion. Every individual must always be free to practice devotion as he thinks right. Governments do harm when they interfere.
11 See this work, Part I starting at line number 254. Since the capture of the Bastille, accounts of these events have been published. But what this account records happened before then, and some of it, as is easy to see, can be known to very few people.
12 See "Estimate of the Comparative Strength of Great Britain," by G. Chalmers.
13 See "Administration of the Finances of France," vol. iii, by M. Neckar.
14 "Administration of the Finances of France," vol. iii.
15 Those concerned can best explain whether English trade fails to bring money into the country or the government sends it out afterward. Neither side, though, can deny the shortage. Dr. Price, Mr. Eden (now Auckland), Mr. Chalmers, and others debated whether England had more or less money than it had at the Revolution. They overlooked the fact that, since the Revolution, at least four hundred millions sterling must have entered Europe. For England to have kept pace with Europe, its supply of money should therefore have grown to at least four times what it had been at the Revolution. England is now trying to do with paper money what it could have done with real money if gold and silver had entered the country in the right proportion or had not been sent away. It is trying to replace with paper the balance of money it has lost. The gold and silver brought each year to Spain and Portugal by the registered ships certainly do not stay there. If we assume half the value is in gold and half in silver, the metals amount to about four hundred tons a year. The number of ships and galleons carrying them from South America to Portugal and Spain is enough by itself to establish the quantity, without consulting the registers.
In its present position, England cannot increase its money supply. High taxes reduce not only individuals' property but also the nation's stock of money. They encourage smuggling, which can be carried on only with gold and silver. Through its policies toward the inland powers of Germany and the Continent, the British government has made enemies of all the maritime powers. It therefore has to maintain a large navy. Though its ships are built in England, their supplies must be bought abroad, largely from countries that must be paid in gold and silver. Misleading rumors have circulated in England to make people think it has more money. One says that French refugees have brought great sums. The idea is ridiculous. Most money in France is silver. It would take more than twenty of the largest broad-wheel wagons, each pulled by ten horses, to carry one million sterling in silver. Can anyone suppose that a few people fleeing secretly on horseback or in post-chaises, having to pass French customs and cross the sea, could bring even enough to pay their own expenses?
When people speak of millions in money, they should remember that such sums build up in a country only slowly, over a long time. Even the most economical policy England could adopt now would not recover in a century the balance of money it has lost since the beginning of the Hanoverian succession. England is seventy millions behind France and must be substantially behind every other country in Europe. The returns from the English mint show no increase in money, while the registers at Lisbon and Cadiz show an increase in Europe of between three and four hundred millions sterling.
16 The part of America generally called New-England, including New-Hampshire, Massachusetts, Rhode-Island, and Connecticut, is populated chiefly by descendants of English people. About half the people in the state of New-York are Dutch; the rest are English, Scotch, and Irish. New-jersey has a mix of English and Dutch people, with some Scotch and Irish. About one third of Pennsylvania's people are English, another third German, and the rest Scotch and Irish, with some Swedes. The southern states have a higher share of English people than the middle states, but they also have mixed populations. Beyond those already listed, there are substantial numbers of French people, and small numbers from every European nation, along the coast. Presbyterians are the largest religious denomination. But no sect is established over another, and everyone has equal citizenship.
17 For a description of aristocracy, see Rights of Man, Part I, starting at line number 1457.
18 France's total assessed taxes for the present year are three hundred millions of francs, or twelve and a half millions sterling. Incidental taxes are estimated at three millions, bringing the total to fifteen and a half millions. Spread among twenty-four million people, this is not quite thirteen shillings per person. Since the revolution, France has cut its annual taxes by nearly nine millions sterling. Before the revolution, Paris collected a duty of more than thirty per cent on everything brought into the city. The duty was collected at the city gates. It was abolished on the first of last May, and the gates were taken down.
Author's Notes to Parts I and II, 2
18th-century English
19 What was called the livre rouge, or the red book, in France, was not exactly similar to the Court Calendar in England; but it sufficiently showed how a great part of the taxes was lavished.
20 In England the improvements in agriculture, useful arts, manufactures, and commerce, have been made in opposition to the genius of its government, which is that of following precedents. It is from the enterprise and industry of the individuals, and their numerous associations, in which, tritely speaking, government is neither pillow nor bolster, that these improvements have proceeded. No man thought about government, or who was in, or who was out, when he was planning or executing those things; and all he had to hope, with respect to government, was, that it would let him alone. Three or four very silly ministerial newspapers are continually offending against the spirit of national improvement, by ascribing it to a minister. They may with as much truth ascribe this book to a minister.
21 With respect to the two houses, of which the English parliament is composed, they appear to be effectually influenced into one, and, as a legislature, to have no temper of its own. The minister, whoever he at any time may be, touches it as with an opium wand, and it sleeps obedience.
But if we look at the distinct abilities of the two houses, the difference will appear so great, as to show the inconsistency of placing power where there can be no certainty of the judgment to use it. Wretched as the state of representation is in England, it is manhood compared with what is called the house of Lords; and so little is this nick-named house regarded, that the people scarcely enquire at any time what it is doing. It appears also to be most under influence, and the furthest removed from the general interest of the nation. In the debate on engaging in the Russian and Turkish war, the majority in the house of peers in favor of it was upwards of ninety, when in the other house, which was more than double its numbers, the majority was sixty-three.]
The proceedings on Mr. Fox's bill, respecting the rights of juries, merits also to be noticed. The persons called the peers were not the objects of that bill. They are already in possession of more privileges than that bill gave to others. They are their own jury, and if any one of that house were prosecuted for a libel, he would not suffer, even upon conviction, for the first offense. Such inequality in laws ought not to exist in any country. The French constitution says, that the law is the same to every individual, whether to Protect or to punish. All are equal in its sight.]
22 As to the state of representation in England, it is too absurd to be reasoned upon. Almost all the represented parts are decreasing in population, and the unrepresented parts are increasing. A general convention of the nation is necessary to take the whole form of government into consideration.
23 It is related that in the canton of Berne, in Switzerland, it has been customary, from time immemorial, to keep a bear at the public expense, and the people had been taught to believe that if they had not a bear they should all be undone. It happened some years ago that the bear, then in being, was taken sick, and died too suddenly to have his place immediately supplied with another. During this interregnum the people discovered that the corn grew, and the vintage flourished, and the sun and moon continued to rise and set, and everything went on the same as before, and taking courage from these circumstances, they resolved not to keep any more bears; for, said they, "a bear is a very voracious expensive animal, and we were obliged to pull out his claws, lest he should hurt the citizens." The story of the bear of Berne was related in some of the French newspapers, at the time of the flight of Louis Xvi., and the application of it to monarchy could not be mistaken in France; but it seems that the aristocracy of Berne applied it to themselves, and have since prohibited the reading of French newspapers.
24 It is scarcely possible to touch on any subject, that will not suggest an allusion to some corruption in governments. The simile of "fortifications," unfortunately involves with it a circumstance, which is directly in point with the matter above alluded to.
Among the numerous instances of abuse which have been acted or protected by governments, ancient or modern, there is not a greater than that of quartering a man and his heirs upon the public, to be maintained at its expense.
Humanity dictates a provision for the poor; but by what right, moral or political, does any government assume to say, that the person called the Duke of Richmond, shall be maintained by the public? Yet, if common report is true, not a beggar in London can purchase his wretched pittance of coal, without paying towards the civil list of the Duke of Richmond. Were the whole produce of this imposition but a shilling a year, the iniquitous principle would be still the same; but when it amounts, as it is said to do, to no less than twenty thousand pounds per annum, the enormity is too serious to be permitted to remain. This is one of the effects of monarchy and aristocracy.
In stating this case I am led by no personal dislike. Though I think it mean in any man to live upon the public, the vice originates in the government; and so general is it become, that whether the parties are in the ministry or in the opposition, it makes no difference: they are sure of the guarantee of each other.]
25 In America the increase of commerce is greater in proportion than in England. It is, at this time, at least one half more than at any period prior to the revolution. The greatest number of vessels cleared out of the port of Philadelphia, before the commencement of the war, was between eight and nine hundred. In the year 1788, the number was upwards of twelve hundred. As the State of Pennsylvania is estimated at an eighth part of the United States in population, the whole number of vessels must now be nearly ten thousand.
26 When I saw Mr. Pitt's mode of estimating the balance of trade, in one of his parliamentary speeches, he appeared to me to know nothing of the nature and interest of commerce; and no man has more wantonly tortured it than himself. During a period of peace it has been havocked with the calamities of war. Three times has it been thrown into stagnation, and the vessels unmanned by impressing, within less than four years of peace.
27 Rev. William Knowle, master of the grammar school of Thetford, in Norfolk.
28 Politics and self-interest have been so uniformly connected that the world, from being so often deceived, has a right to be suspicious of public characters, but with regard to myself I am perfectly easy on this head. I did not, at my first setting out in public life, nearly seventeen years ago, turn my thoughts to subjects of government from motives of interest, and my conduct from that moment to this proves the fact. I saw an opportunity in which I thought I could do some good, and I followed exactly what my heart dictated. I neither read books, nor studied other people's opinion. I thought for myself. The case was this:—
During the suspension of the old governments in America, both prior to and at the breaking out of hostilities, I was struck with the order and decorum with which everything was conducted, and impressed with the idea that a little more than what society naturally performed was all the government that was necessary, and that monarchy and aristocracy were frauds and impositions upon mankind. On these principles I published the pamphlet Common Sense. The success it met with was beyond anything since the invention of printing. I gave the copyright to every state in the Union, and the demand ran to not less than one hundred thousand copies. I continued the subject in the same manner, under the title of The Crisis, till the complete establishment of the Revolution.
After the declaration of independence Congress unanimously, and unknown to me, appointed me Secretary in the Foreign Department. This was agreeable to me, because it gave me the opportunity of seeing into the abilities of foreign courts, and their manner of doing business. But a misunderstanding arising between Congress and me, respecting one of their commissioners then in Europe, Mr. Silas Deane, I resigned the office, and declined at the same time the pecuniary offers made by the Ministers of France and Spain, M. Gerald and Don Juan Mirralles.] I had by this time so completely gained the ear and confidence of America, and my own independence was become so visible, as to give me a range in political writing beyond, perhaps, what any man ever possessed in any country, and, what is more extraordinary, I held it undiminished to the end of the war, and enjoy it in the same manner to the present moment. As my object was not myself, I set out with the determination, and happily with the disposition, of not being moved by praise or censure, friendship or calumny, nor of being drawn from my purpose by any personal altercation, and the man who cannot do this is not fit for a public character.
When the war ended I went from Philadelphia to Borden-Town, on the east bank of the Delaware, where I have a small place. Congress was at this time at Prince-Town, fifteen miles distant, and General Washington had taken his headquarters at Rocky Hill, within the neighbourhood of Congress, for the purpose of resigning up his commission (the object for which he accepted it being accomplished), and of retiring to private life. While he was on this business he wrote me the letter which I here subjoin:
"Rocky-Hill, Sept. 10, 1783.
"I have learned since I have been at this place that you are at Borden-Town. Whether for the sake of retirement or economy I know not. Be it for either, for both, or whatever it may, if you will come to this place, and partake with me, I shall be exceedingly happy to see you at it.
"Your presence may remind Congress of your past services to this country, and if it is in my power to impress them, command my best exertions with freedom, as they will be rendered cheerfully by one who entertains a lively sense of the importance of your works, and who, with much pleasure, subscribes himself, Your sincere friend,
G. Washington."
During the war, in the latter end of the year 1780, I formed to myself a design of coming over to England, and communicated it to General Greene, who was then in Philadelphia on his route to the southward, General Washington being then at too great a distance to communicate with immediately. I was strongly impressed with the idea that if I could get over to England without being known, and only remain in safety till I could get out a publication, that I could open the eyes of the country with respect to the madness and stupidity of its Government. I saw that the parties in Parliament had pitted themselves as far as they could go, and could make no new impressions on each other. General Greene entered fully into my views, but the affair of Arnold and Andre happening just after, he changed his mind, under strong apprehensions for my safety, wrote very pressingly to me from Annapolis, in Maryland, to give up the design, which, with some reluctance, I did. Soon after this I accompanied Colonel Lawrens, son of Mr. Lawrens, who was then in the Tower, to France on business from Congress. We landed at L'orient, and while I remained there, he being gone forward, a circumstance occurred that renewed my former design. An English packet from Falmouth to New York, with the Government dispatches on board, was brought into L'orient. That a packet should be taken is no extraordinary thing, but that the dispatches should be taken with it will scarcely be credited, as they are always slung at the cabin window in a bag loaded with cannon-ball, and ready to be sunk at a moment. The fact, however, is as I have stated it, for the dispatches came into my hands, and I read them. The capture, as I was informed, succeeded by the following stratagem:—The captain of the "Madame" privateer, who spoke English, on coming up with the packet, passed himself for the captain of an English frigate, and invited the captain of the packet on board, which, when done, he sent some of his own hands back, and he secured the mail. But be the circumstance of the capture what it may, I speak with certainty as to the Government dispatches. They were sent up to Paris to Count Vergennes, and when Colonel Lawrens and myself returned to America we took the originals to Congress.
English
19 The livre rouge, or red book, in France was not quite the same as England's Court Calendar. But it showed clearly enough how much tax money was wasted.
20 In England, improvements in farming, practical skills, manufacturing, and trade have happened despite the government's habit of following old precedents. They came from the initiative and hard work of individuals and their many associations. To put it in familiar terms, the government gave them neither a pillow nor a bolster. People planning or doing this work did not think about the government or who held office and who did not. All they hoped was that the government would leave them alone. Three or four very foolish newspapers that support the ministry keep insulting the spirit of national progress by crediting a minister for these improvements. They might as well credit a minister for this book.
21 The two houses of the English Parliament seem to be so thoroughly subject to the same influence that they have become one body. As a legislature, Parliament appears to have no independent will. Whichever minister holds office seems to touch it with a wand that puts it to sleep, and it obeys.
But consider the separate abilities of the two houses. The difference is so great that it shows how inconsistent it is to place power where there is no guarantee that it will be used with good judgment. Representation in England is in a miserable state. Even so, the House of Commons is mature compared with the so-called House of Lords. People think so little of the house bearing that misleading name that they rarely ask what it is doing. It also appears to be the most subject to outside influence and the furthest from the nation's general interest. When Parliament debated involvement in the Russian and Turkish war, the majority in favor in the House of Peers was more than ninety. In the other house, which had more than twice as many members, the majority was sixty-three.
The proceedings on Mr. Fox's bill about the rights of juries also deserve attention. The people called peers were not covered by the bill. They already had more privileges than it gave other people. They serve as their own jury. And if a member of their house were prosecuted for libel, he would face no punishment for a first offense even if convicted. Such inequality under the law should exist nowhere. The French constitution says that the law is the same for every person, whether it protects or punishes. Everyone is equal in its eyes.
22 Representation in England is in such an absurd state that there is hardly any point arguing about it. Almost all the areas with representation are losing population, while those without representation are growing. A general convention of the nation must consider the entire form of government.
23 People say that the canton of Berne in Switzerland had long kept a bear at public expense. The people had been taught to think that without a bear they would be ruined. Some years ago the bear fell ill and died too suddenly to be replaced right away. While there was no bear, people found that grain still grew, the grape harvest still flourished, the sun and moon still rose and set, and everything continued as before. Encouraged by this, they decided not to keep any more bears. They said, "A bear eats a great deal and costs a lot. We even had to remove his claws so he would not hurt the citizens." Some French newspapers told the story of Berne's bear when Louis XVI. fled. In France, nobody could miss that the bear stood for monarchy. It seems, though, that Berne's aristocracy thought the story was about them. Since then, they have banned the reading of French newspapers.
24 Almost any subject can remind us of corruption in government. Unfortunately, my comparison to "fortifications" brings to mind something directly relevant to the issue just discussed.
Governments, both ancient and modern, have committed or protected many abuses. One of the worst is making the public support a man and his descendants at public expense.
Humanity requires us to provide for poor people. But what moral or political right does a government have to decide that the person called the Duke of Richmond must be supported by the public? Yet, if common reports are true, even a beggar in London buying his meager portion of coal has to pay toward the Duke of Richmond's public allowance. The principle would be just as unjust if the total collected were only a shilling a year. But when the sum is said to be no less than twenty thousand pounds a year, the abuse is too serious to leave in place. It is one result of monarchy and aristocracy.
I do not raise this case because of any personal dislike. I do think it shameful for anyone to live at public expense, but the fault begins with the government. The practice has become so widespread that it makes no difference whether the people involved support the ministry or the opposition. They can count on each other to protect it.
25 Trade is growing faster in America, proportionally, than in England. It is now at least half again as large as it was at any time before the revolution. Before the war began, the greatest number of vessels to clear the port of Philadelphia was between eight and nine hundred. In 1788, more than twelve hundred cleared it. Pennsylvania is estimated to contain one eighth of the United States population, so the total number of vessels must now be nearly ten thousand.
26 When I saw how Mr. Pitt calculated the balance of trade in one of his speeches to Parliament, I thought he understood nothing about how trade works or what it needs. No one has damaged it more recklessly than he has. Even in peacetime, it has suffered the hardships of war. In less than four years of peace, trade has been stopped three times and ships deprived of their crews through forced enlistment.
27 Rev. William Knowle, master of the grammar school of Thetford, in Norfolk.
28 Politics and self-interest have been linked so often that people have been deceived enough to be justified in distrusting public figures. But I have no worries about that charge as it concerns me. When I first entered public life nearly seventeen years ago, self-interest did not lead me to think about government. Everything I have done since confirms that. I saw a chance to do some good and followed what my heart told me. I did not read books or study other people's opinions. I thought for myself. Here is what happened:
While the old governments in America were suspended, both before and when fighting began, I was struck by how orderly everything remained. It occurred to me that only a little more than what society did naturally was needed from government, and that monarchy and aristocracy were frauds imposed on humanity. These principles led me to publish the pamphlet Common Sense. Its success exceeded anything seen since printing was invented. I gave its copyright to every state in the Union, and demand reached at least one hundred thousand copies. I continued writing on the subject under the title The Crisis until the Revolution was firmly established.
After independence was declared, Congress unanimously appointed me Secretary in the Foreign Department without my knowledge. I welcomed the appointment. It let me observe the abilities of foreign courts and how they worked. But Congress and I disagreed over one of its commissioners then in Europe, Mr. Silas Deane. I resigned my position and at the same time refused offers of money from the French and Spanish ministers, M. Gerald and Don Juan Mirralles. By then I had gained America's attention and trust, and my independence was clear. That gave me more freedom to write on politics than perhaps any man had ever had in any country. More remarkably, I kept that freedom intact through the end of the war and still enjoy it today. My goal was not personal gain. From the start, I resolved, and happily had the temperament, not to be swayed by praise or criticism, friendship or slander. Nor would I let a personal quarrel distract me from my purpose. Anyone who cannot do that is not fit for public life.
When the war ended, I left Philadelphia for Borden-Town on the eastern bank of the Delaware, where I have a small place. Congress was then at Prince-Town, fifteen miles away. General Washington had established his headquarters at Rocky Hill, near Congress. He intended to resign his commission now that the reason he had accepted it was fulfilled and return to private life. While dealing with this, he wrote me the following letter:
"Rocky-Hill, Sept. 10, 1783.
"I have heard since coming here that you are at Borden-Town. I do not know if you are there for privacy or to save money. Whatever the reason, if you will come and stay with me here, I will be very happy to see you.
"Your presence might remind Congress of what you have done for this country. If I can influence them, please feel free to call on me to do everything I can. I will gladly do so, because I deeply value the importance of your writings and take great pleasure in signing myself, Your sincere friend,
G. Washington."
Toward the end of 1780, during the war, I planned to go to England. I told General Greene, who was in Philadelphia on his way south. General Washington was too far away for me to contact him immediately. I strongly believed that if I could enter England unnoticed and stay safe long enough to publish something, I could open people's eyes to the foolishness and madness of their government. The parties in Parliament had already fought each other as hard as they could, with no hope of changing one another's minds. General Greene fully understood my plan. But soon afterward the affair of Arnold and Andre occurred, and he changed his mind. Concerned for my safety, he wrote urgently from Annapolis, Maryland, asking me to abandon the plan. Reluctantly, I did. Soon afterward I accompanied Colonel Lawrens, the son of Mr. Lawrens, who was then held in the Tower, to France on congressional business. We landed at L'orient. While I stayed there and he went ahead, something happened that revived my old plan. An English packet boat traveling from Falmouth to New York was brought into L'orient with government dispatches still aboard. It is not unusual for a packet boat to be captured, but hardly anyone will believe that its dispatches were captured too. They are always kept in a bag with a cannonball, hanging by the cabin window and ready to be sunk instantly. But this is exactly what happened: the dispatches came into my hands, and I read them. I was told that the capture worked through this trick. The captain of the "Madame," a privateer, spoke English. When he reached the packet boat, he pretended to be the captain of an English frigate and invited the packet's captain aboard. Once the captain came over, the privateer sent some of his own crew to the packet and seized the mail. Whatever the precise details of the capture, I can speak with certainty about the government dispatches. They were sent to Count Vergennes in Paris. When Colonel Lawrens and I returned to America, we took the originals to Congress.
Author's Notes to Parts I and II, 3
18th-century English
By these dispatches I saw into the stupidity of the English Cabinet far more than I otherwise could have done, and I renewed my former design. But Colonel Lawrens was so unwilling to return alone, more especially as, among other matters, we had a charge of upwards of two hundred thousand pounds sterling in money, that I gave in to his wishes, and finally gave up my plan. But I am now certain that if I could have executed it that it would not have been altogether unsuccessful.]
29 It is difficult to account for the origin of charter and corporation towns, unless we suppose them to have arisen out of, or been connected with, some species of garrison service. The times in which they began justify this idea. The generality of those towns have been garrisons, and the corporations were charged with the care of the gates of the towns, when no military garrison was present. Their refusing or granting admission to strangers, which has produced the custom of giving, selling, and buying freedom, has more of the nature of garrison authority than civil government. Soldiers are free of all corporations throughout the nation, by the same propriety that every soldier is free of every garrison, and no other persons are. He can follow any employment, with the permission of his officers, in any corporation towns throughout the nation.
30 See Sir John Sinclair's History of the Revenue. The land-tax in 1646 was L2,473,499.
31 Several of the court newspapers have of late made frequent mention of Wat Tyler. That his memory should be traduced by court sycophants and an those who live on the spoil of a public is not to be wondered at. He was, however, the means of checking the rage and injustice of taxation in his time, and the nation owed much to his valour. The history is concisely this:—In the time of Richard Ii. a poll tax was levied of one shilling per head upon every person in the nation of whatever estate or condition, on poor as well as rich, above the age of fifteen years. If any favour was shown in the law it was to the rich rather than to the poor, as no person could be charged more than twenty shillings for himself, family and servants, though ever so numerous; while all other families, under the number of twenty were charged per head. Poll taxes had always been odious, but this being also oppressive and unjust, it excited as it naturally must, universal detestation among the poor and middle classes. The person known by the name of Wat Tyler, whose proper name was Walter, and a tiler by trade, lived at Deptford. The gatherer of the poll tax, on coming to his house, demanded tax for one of his daughters, whom Tyler declared was under the age of fifteen. The tax-gatherer insisted on satisfying himself, and began an indecent examination of the girl, which, enraging the father, he struck him with a hammer that brought him to the ground, and was the cause of his death. This circumstance served to bring the discontent to an issue. The inhabitants of the neighbourhood espoused the cause of Tyler, who in a few days was joined, according to some histories, by upwards of fifty thousand men, and chosen their chief. With this force he marched to London, to demand an abolition of the tax and a redress of other grievances. The Court, finding itself in a forlorn condition, and, unable to make resistance, agreed, with Richard at its head, to hold a conference with Tyler in Smithfield, making many fair professions, courtier-like, of its dispositions to redress the oppressions. While Richard and Tyler were in conversation on these matters, each being on horseback, Walworth, then Mayor of London, and one of the creatures of the Court, watched an opportunity, and like a cowardly assassin, stabbed Tyler with a dagger, and two or three others falling upon him, he was instantly sacrificed. Tyler appears to have been an intrepid disinterested man with respect to himself. All his proposals made to Richard were on a more just and public ground than those which had been made to John by the Barons, and notwithstanding the sycophancy of historians and men like Mr. Burke, who seek to gloss over a base action of the Court by traducing Tyler, his fame will outlive their falsehood. If the Barons merited a monument to be erected at Runnymede, Tyler merited one in Smithfield.
32 I happened to be in England at the celebration of the centenary of the Revolution of 1688. The characters of William and Mary have always appeared to be detestable; the one seeking to destroy his uncle, and the other her father, to get possession of power themselves; yet, as the nation was disposed to think something of that event, I felt hurt at seeing it ascribe the whole reputation of it to a man who had undertaken it as a job and who, besides what he otherwise got, charged six hundred thousand pounds for the expense of the fleet that brought him from Holland. George the First acted the same close-fisted part as William had done, and bought the Duchy of Bremen with the money he got from England, two hundred and fifty thousand pounds over and above his pay as king, and having thus purchased it at the expense of England, added it to his Hanoverian dominions for his own private profit. In fact, every nation that does not govern itself is governed as a job. England has been the prey of jobs ever since the Revolution.
33 Charles, like his predecessors and successors, finding that war was the harvest of governments, engaged in a war with the Dutch, the expense of which increased the annual expenditure to L1,800,000 as stated under the date of 1666; but the peace establishment was but L1,200,000.
34 Poor-rates began about the time of Henry VIII., when the taxes began to increase, and they have increased as the taxes increased ever since.
35 Reckoning the taxes by families, five to a family, each family pays on an average L12 7s. 6d. per annum. To this sum are to be added the poor-rates. Though all pay taxes in the articles they consume, all do not pay poor-rates. About two millions are exempted: some as not being house-keepers, others as not being able, and the poor themselves who receive the relief. The average, therefore, of poor-rates on the remaining number, is forty shillings for every family of five persons, which make the whole average amount of taxes and rates L14 17s. 6d. For six persons L17 17s. For seven persons L2O 16s. 6d. The average of taxes in America, under the new or representative system of government, including the interest of the debt contracted in the war, and taking the population at four millions of souls, which it now amounts to, and it is daily increasing, is five shillings per head, men, women, and children. The difference, therefore, between the two governments is as under:
THE FULL PROJECT GUTENBERG™ LICENSE
England America
L s. d. L s. d.
For a family of five persons 14 17 6 1 5 0
For a family of six persons 17 17 0 1 10 0
For a family of seven persons 20 16 6 1 15 0
36 Public schools do not answer the general purpose of the poor. They are chiefly in corporation towns from which the country towns and villages are excluded, or, if admitted, the distance occasions a great loss of time. Education, to be useful to the poor, should be on the spot, and the best method, I believe, to accomplish this is to enable the parents to pay the expenses themselves. There are always persons of both sexes to be found in every village, especially when growing into years, capable of such an undertaking. Twenty children at ten shillings each (and that not more than six months each year) would be as much as some livings amount to in the remotest parts of England, and there are often distressed clergymen's widows to whom such an income would be acceptable. Whatever is given on this account to children answers two purposes. To them it is education—to those who educate them it is a livelihood.
37 The tax on beer brewed for sale, from which the aristocracy are exempt, is almost one million more than the present commutation tax, being by the returns of 1788, L1,666,152—and, consequently, they ought to take on themselves the amount of the commutation tax, as they are already exempted from one which is almost a million greater.
38 See the Reports on the Corn Trade.
39 When enquiries are made into the condition of the poor, various degrees of distress will most probably be found, to render a different arrangement preferable to that which is already proposed. Widows with families will be in greater want than where there are husbands living. There is also a difference in the expense of living in different counties: and more so in fuel.
Suppose then fifty thousand extraordinary cases, at
the rate of ten pounds per family per annum L500,000
100,000 families, at L8 per family per annum 800,000
100,000 families, at L7 per family per annum 700,000
104,000 families, at L5 per family per annum 520,000
And instead of ten shillings per head for the education
of other children, to allow fifty shillings per family
for that purpose to fifty thousand families 250,000
—————
L2,770,000
140,000 aged persons as before 1,120,000
—————
L3,890,000
This arrangement amounts to the same sum as stated in this work, Part II, line number 1068, including the L250,000 for education; but it provides (including the aged people) for four hundred and four thousand families, which is almost one third of an the families in England.]
40 I know it is the opinion of many of the most enlightened characters in France (there always will be those who see further into events than others), not only among the general mass of citizens, but of many of the principal members of the former National Assembly, that the monarchical plan will not continue many years in that country. They have found out, that as wisdom cannot be made hereditary, power ought not; and that, for a man to merit a million sterling a year from a nation, he ought to have a mind capable of comprehending from an atom to a universe, which, if he had, he would be above receiving the pay. But they wished not to appear to lead the nation faster than its own reason and interest dictated. In all the conversations where I have been present upon this subject, the idea always was, that when such a time, from the general opinion of the nation, shall arrive, that the honourable and liberal method would be, to make a handsome present in fee simple to the person, whoever he may be, that shall then be in the monarchical office, and for him to retire to the enjoyment of private life, possessing his share of general rights and privileges, and to be no more accountable to the public for his time and his conduct than any other citizen.
41 The gentleman who signed the address and declaration as chairman of the meeting, Mr. Horne Tooke, being generally supposed to be the person who drew it up, and having spoken much in commendation of it, has been jocularly accused of praising his own work. To free him from this embarrassment, and to save him the repeated trouble of mentioning the author, as he has not failed to do, I make no hesitation in saying, that as the opportunity of benefiting by the French Revolution easily occurred to me, I drew up the publication in question, and showed it to him and some other gentlemen, who, fully approving it, held a meeting for the purpose of making it public, and subscribed to the amount of fifty guineas to defray the expense of advertising. I believe there are at this time, in England, a greater number of men acting on disinterested principles, and determined to look into the nature and practices of government themselves, and not blindly trust, as has hitherto been the case, either to government generally, or to parliaments, or to parliamentary opposition, than at any former period. Had this been done a century ago, corruption and taxation had not arrived to the height they are now at.
-END OF PART II.-
English
From those dispatches I learned far more about the foolishness of the English Cabinet than I otherwise could have, and I returned to my earlier plan. But Colonel Lawrens very much wanted me to go back with him. In particular, we were responsible for more than two hundred thousand pounds sterling in money, among other things. I gave in to his wishes and finally abandoned my plan. I am now certain, though, that if I had carried it out, it would have had at least some success.
29 It is hard to explain how chartered towns and incorporated towns began, unless they grew out of or were connected to some kind of garrison duty. The period in which they began supports that idea. Most of these towns were once garrisons. When no military garrison was present, the town corporations were responsible for guarding the gates. Their power to admit or reject strangers gave rise to the custom of granting, selling, and buying the freedom of a town. This looks more like the authority of a garrison than ordinary civil government. Soldiers have the freedom of all corporations throughout the nation, just as every soldier may enter any garrison, while other people may not. With their officers' permission, soldiers can take up any occupation in any incorporated town in the country.
30 See Sir John Sinclair's History of the Revenue. The land tax in 1646 was L2,473,499.
31 Several newspapers that support the court have recently mentioned Wat Tyler often. It is no surprise that court flatterers and people who live off public plunder attack his reputation. Yet he helped check the fury and injustice of taxation in his time. The nation owed a great deal to his courage. Here is the story in brief. Under Richard II., a poll tax of one shilling per person was imposed on everyone in the country over the age of fifteen, rich or poor and regardless of rank. If the law favored anyone, it favored the rich. No person could be charged more than twenty shillings for himself, his family, and his servants, however many there were. Families with fewer than twenty people, on the other hand, paid for each person. Poll taxes had always been hated. This one was also oppressive and unfair, so poor and middle-class people naturally despised it everywhere. The man called Wat Tyler, whose actual first name was Walter, was a roofer living in Deptford. When the poll tax collector came to his home, he demanded payment for one of Tyler's daughters. Tyler said she was under fifteen. The collector insisted on checking for himself and began an indecent examination of the girl. Her father was enraged and hit him with a hammer, knocking him to the ground and causing his death. This brought the widespread discontent to a head. Tyler's neighbors took his side. According to some accounts, more than fifty thousand men joined him within a few days and chose him as their leader. With them he marched to London to demand repeal of the tax and relief from other abuses. The court was in a desperate position and could not resist. Richard and his court agreed to meet Tyler at Smithfield, making many fine, courtly promises to end the abuses. Richard and Tyler were talking on horseback when Walworth, then Mayor of London and a creature of the court, saw his chance. Like a cowardly assassin, he stabbed Tyler with a dagger. Two or three other men attacked, and Tyler was killed at once. Tyler seems to have been brave and to have sought no personal benefit. Every proposal he made to Richard rested on a more just and public basis than the barons' demands to John. Historians and men like Mr. Burke flatter those in power by smearing Tyler to excuse the court's disgraceful act. But Tyler's reputation will outlast their lies. If the barons deserved a monument at Runnymede, Tyler deserved one at Smithfield.
32 I happened to be in England for the hundredth anniversary of the Revolution of 1688. William and Mary have always seemed contemptible to me. He sought to destroy his uncle and she her father so they could seize power. Yet the nation wanted to honor the event. It pained me to see all the credit given to a man who treated the undertaking as a paid job. Beyond everything else he received, he charged six hundred thousand pounds for the fleet that carried him from Holland. George the First was just as greedy as William. He used two hundred and fifty thousand pounds obtained from England, beyond his salary as king, to buy the Duchy of Bremen. Having bought it with England's money, he added it to his Hanoverian territories for his own benefit. In fact, every nation that does not govern itself is run as a money-making job for someone else. England has been exploited in this way ever since the Revolution.
33 Charles, like the kings before and after him, saw that governments could profit from war and went to war with the Dutch. The expense raised annual spending to L1,800,000, as recorded under 1666. But peacetime spending was only L1,200,000.
34 Taxes to support poor people began around the time of Henry VIII., when other taxes started to rise. They have risen along with other taxes ever since.
35 If we calculate taxes by family and count five people per family, each family pays an average of L12 7s. 6d. a year. We must add the poor-rates to this. Everyone pays taxes on the things they consume, but not everyone pays poor-rates. About two million people are exempt: some do not run a household, some cannot afford to pay, and some are themselves poor people receiving help. Thus the remaining families pay an average of forty shillings in poor-rates for every five people. Their combined average taxes and poor-rates are L14 17s. 6d. For six people the amount is L17 17s.; for seven, L20 16s. 6d. In America, under the new representative system, the average tax is five shillings per person—man, woman, or child—even including interest on the debt incurred in the war. This assumes a population of four million, its present size, which grows daily. The difference between the two governments is as follows:
England AmericaL s. d. L s. d.For a family of five people 14 17 6 1 5 0For a family of six people 17 17 0 1 10 0For a family of seven people 20 16 6 1 15 0
36 Public schools do not meet poor people's general needs. They are mostly in incorporated towns, so people from smaller towns and villages cannot attend, or lose a great deal of time traveling there if they can. For education to help poor people, it must be available where they live. I believe the best way to provide it is to enable parents to pay the costs themselves. In every village there are always people, both women and men, able to teach children, especially people getting older. Twenty children paying ten shillings each for no more than six months a year would bring in as much as some clergy positions pay in the most remote parts of England. Clergymen's widows often face hardship and would welcome that income. Money given to children for this purpose does two things: it gives the children an education and their teachers a living.
37 The tax on beer brewed for sale, from which the aristocracy is exempt, is nearly one million higher than the present commutation tax. According to the returns for 1788, it is L1,666,152. Since they are already exempt from a tax nearly a million higher, the aristocracy ought to pay the commutation tax themselves.
38 See the Reports on the Corn Trade.
39 Investigations into the condition of poor people will probably find different degrees of need. A different distribution of help may therefore be better than the one I have already proposed. Widows with families need more help than families with living husbands. Living costs also differ by county, especially the cost of fuel.
Suppose, then, fifty thousand cases of exceptional need, atten pounds per family each year L500,000100,000 families at L8 per family each year 800,000100,000 families at L7 per family each year 700,000104,000 families at L5 per family each year 520,000And instead of ten shillings per child for the educationof other children, fifty shillings per family forfifty thousand families 250,000————————L2,770,000140,000 elderly people, as before 1,120,000————————L3,890,000
This arrangement costs the same amount given in this work, Part II, line number 1068, including L250,000 for education. But it provides for four hundred and four thousand families, including elderly people. That is almost one third of all families in England.
40 I know that many of the most thoughtful people in France, both ordinary citizens and leading members of the former National Assembly, believe its monarchy will not last many more years. Some people will always see further ahead than others. These people have realized that wisdom cannot be passed down by inheritance, and power should not be either. A man deserving a million sterling a year from a nation would have to be able to understand everything from an atom to a universe. If he could do that, he would be above accepting the pay. But they did not want to seem to push the nation faster than its own reason and interests would lead it. In every conversation on this subject that I have attended, people have said that when the country as a whole is ready for change, the fair and generous course would be to give the person then holding the monarchy a substantial gift of property outright. Whoever that person is could then retire to private life, enjoy the same general rights and privileges as others, and be no more answerable to the public for his time and conduct than any other citizen.
41 Mr. Horne Tooke signed the address and declaration as chairman of the meeting. People generally assume that he wrote it, and because he has praised it so much, they have jokingly accused him of praising his own work. To spare him this embarrassment and the repeated trouble of naming its author, which he has always done, I will say plainly that I wrote it. I saw how people could benefit from the French Revolution, drafted the publication, and showed it to him and several other gentlemen. They approved it fully, held a meeting to make it public, and contributed fifty guineas to pay for advertising. I believe that more men in England now act without self-interest and are determined to examine the nature and practices of government for themselves than at any earlier time. They will not blindly trust the government as a whole, Parliament, or the parliamentary opposition, as people have done until now. Had people acted this way a century ago, corruption and taxes would not have reached their present levels.
End of Part II.