Volume III Part 20 (1/2)

I shall here only consider it as a transfer of property. On the policy of that transfer I shall trouble you with a few thoughts.

In every prosperous community something more is produced than goes to the immediate support of the producer. This surplus forms the income of the landed capitalist. It will be spent by a proprietor who does not labor. But this idleness is itself the spring of labor, this repose the spur to industry. The only concern for the state is, that the capital taken in rent from the land should be returned again to the industry from whence it came, and that its expenditure should be with the least possible detriment to the morals of those who expend it and to those of the people to whom it is returned.

In all the views of receipt, expenditure, and personal employment, a sober legislator would carefully compare the possessor whom he was recommended to expel with the stranger who was proposed to fill his place. Before the inconveniences are incurred which _must_ attend all violent revolutions in property through extensive confiscation, we ought to have some rational a.s.surance that the purchasers of the confiscated property will be in a considerable degree more laborious, more virtuous, more sober, less disposed to extort an unreasonable proportion of the gains of the laborer, or to consume on themselves a larger share than is fit for the measure of an individual,--or that they should be qualified to dispense the surplus in a more steady and equal mode, so as to answer the purposes of a politic expenditure, than the old possessors, call those possessors bishops, or canons, or commendatory abbots, or monks, or what you please. The monks are lazy. Be it so. Suppose them no otherwise employed than by singing in the choir. They are as usefully employed as those who neither sing nor say,--as usefully even as those who sing upon the stage. They are as usefully employed as if they worked from dawn to dark in the innumerable servile, degrading, unseemly, unmanly, and often most unwholesome and pestiferous occupations to which by the social economy so many wretches are inevitably doomed. If it were not generally pernicious to disturb the natural course of things, and to impede in any degree the great wheel of circulation which is turned by the strangely directed labor of these unhappy people, I should be infinitely more inclined forcibly to rescue them from their miserable industry than violently to disturb the tranquil repose of monastic quietude. Humanity, and perhaps policy, might better justify me in the one than in the other. It is a subject on which I have often reflected, and never reflected without feeling from it. I am sure that no consideration, except the necessity of submitting to the yoke of luxury and the despotism of fancy, who in their own imperious way will distribute the surplus product of the soil, can justify the toleration of such trades and employments in a well-regulated state. But for this purpose of distribution, it seems to me that the idle expenses of monks are quite as well directed as the idle expenses of us lay loiterers.

When the advantages of the possession and of the project are on a par, there is no motive for a change. But in the present case, perhaps, they are not upon a par, and the difference is in favor of the possession. It does not appear to me that the expenses of those whom you are going to expel do in fact take a course so directly and so generally leading to vitiate and degrade and render miserable those through whom they pa.s.s as the expenses of those favorites whom you are intruding into their houses. Why should the expenditure of a great landed property, which is a dispersion of the surplus product of the soil, appear intolerable to you or to me, when it takes its course through the acc.u.mulation of vast libraries, which are the history of the force and weakness of the human mind,--through great collections of ancient records, medals, and coins, which attest and explain laws and customs,--through paintings and statues, that, by imitating Nature, seem to extend the limits of creation,--through grand monuments of the dead, which continue the regards and connections of life beyond the grave,--through collections of the specimens of Nature, which become a representative a.s.sembly of all the cla.s.ses and families of the world, that by disposition facilitate, and by exciting curiosity open, the avenues to science? If by great permanent establishments all these objects of expense are better secured from the inconstant sport of personal caprice and personal extravagance, are they worse than if the same tastes prevailed in scattered individuals? Does not the sweat of the mason and carpenter, who toil in order to partake the sweat of the peasant, flow as pleasantly and as salubriously in the construction and repair of the majestic edifices of religion as in the painted booths and sordid sties of vice and luxury? as honorably and as profitably in repairing those sacred works which grow h.o.a.ry with innumerable years as on the momentary receptacles of transient voluptuousness,--in opera-houses, and brothels, and gaming-houses, and club-houses, and obelisks in the Champ de Mars?

Is the surplus product of the olive and the vine worse employed in the frugal sustenance of persons whom the fictions of a pious imagination raise to dignity by construing in the service of G.o.d than in pampering the innumerable mult.i.tude of those who are degraded by being made useless domestics, subservient to the pride of man? Are the decorations of temples an expenditure less worthy a wise man than ribbons, and laces, and national c.o.c.kades, and pet.i.t maisons, and pet.i.t soupers, and all the innumerable fopperies and follies in which opulence sports away the burden of its superfluity?

We tolerate even these,--not from love of them, but for fear of worse.

We tolerate them, because property and liberty, to a degree, require that toleration. But why proscribe the other, and surely, in every point of view, the more laudable use of estates? Why, through the violation of all property, through an outrage upon every principle of liberty, forcibly carry them from the better to the worse?

This comparison between the new individuals and the old corps is made upon a supposition that no reform could be made in the latter. But, in a question of reformation, I always consider corporate bodies, whether sole or consisting of many, to be much more susceptible of a public direction, by the power of the state, in the use of their property, and in the regulation of modes and habits of life in their members, than private citizens ever can be, or perhaps ought to be; and this seems to me a very material consideration for those who undertake anything which merits the name of a politic enterprise.--So far as to the estates of monasteries.

With regard to the estates possessed by bishops and canons and commendatory abbots, I cannot find out for what reason some landed estates may not be held otherwise than by inheritance. Can any philosophic spoiler undertake to demonstrate the positive or the comparative evil of having a certain, and that, too, a large, portion of landed property pa.s.sing in succession through persons whose t.i.tle to it is, always in theory and often in fact, an eminent degree of piety, morals, and learning; a property which by its destination, in their turn, and on the score of merit, gives to the n.o.blest families renovation and support, to the lowest the means of dignity and elevation; a property, the tenure of which is the performance of some duty, (whatever value you may choose to set upon that duty,) and the character of whose proprietors demands at least an exterior decorum and gravity of manners,--who are to exercise a generous, but temperate hospitality,--part of whose income they are to consider as a trust for charity,--and who, even when they fail in their trust, when they slide from their character, and degenerate into a mere common secular n.o.bleman or gentleman, are in no respect worse than those who may succeed them in their forfeited possessions? Is it better that estates should be held by those who have no duty than by those who have one? by those whose character and destination point to virtues than by those who have no rule and direction in the expenditure of their estates but their own will and appet.i.te? Nor are these estates held altogether in the character or with the evils supposed inherent in mortmain. They pa.s.s from hand to hand with a more rapid circulation than any other. No excess is good, and therefore too great a proportion of landed property may be held officially for life; but it does not seem to me of material injury to any common wealth that there should exist some estates that have a chance of being acquired by other means than the previous acquisition of money.

This letter is grown to a great length, though it is, indeed, short with regard to the infinite extent of the subject. Various avocations have from time to time called my mind from the subject. I was not sorry to give myself leisure to observe whether in the proceedings of the National a.s.sembly I might not find reasons to change or to qualify some of my first sentiments. Everything has confirmed me more strongly in my first opinions. It was my original purpose to take a view of the principles of the National a.s.sembly with regard to the great and fundamental establishments, and to compare the whole of what you have subst.i.tuted in the place of what you have destroyed with the several members of our British Const.i.tution. But this plan is of greater extent than at first I computed, and I find that you have little desire to take the advantage of any examples. At present I must content myself with some remarks upon your establishments, reserving for another time what I proposed to say concerning the spirit of our British monarchy, aristocracy, and democracy, as practically they exist.

I have taken a view of what has been done by the governing power in France. I have certainly spoke of it with freedom. Those whose principle it is to despise the ancient, permanent sense of mankind, and to set up a scheme of society on new principles, must naturally expect that such of us who think better of the judgment of the human race than, of theirs should consider both them and their devices as men and schemes upon their trial. They must take it for granted that we attend much to their reason, but not at all to their authority. They have not one of the great influencing prejudices of mankind in their favor. They avow their hostility to opinion. Of course they must expect no support from that influence, which, with every other authority, they have deposed from the seat of its jurisdiction.

I can never consider this a.s.sembly as anything else than a voluntary a.s.sociation of men who have availed themselves of circ.u.mstances to seize upon the power of the state. They have not the sanction and authority of the character under which they first met. They have a.s.sumed another of a very different nature, and have completely altered and inverted all the relations in which they originally stood. They do not hold the authority they exercise under any const.i.tutional law of the state. They have departed from the instructions of the people by whom they were sent; which instructions, as the a.s.sembly did not act in virtue of any ancient usage or settled law, were the sole source of their authority. The most considerable of their acts have not been done by great majorities; and in this sort of near divisions, which carry only the constructive authority of the whole, strangers will consider reasons as well as resolutions.

If they had set up this new, experimental government as a necessary subst.i.tute for an expelled tyranny, mankind would antic.i.p.ate the time of prescription, which through long usage mellows into legality governments that were violent in their commencement. All those who have affections which lead them to the conservation of civil order would recognize, even in its cradle, the child as legitimate, which has been produced from those principles of cogent expediency to which all just governments owe their birth, and on which they justify their continuance. But they will be late and reluctant in giving any sort of countenance to the operations of a power which has derived its birth from no law and no necessity, but which, on the contrary, has had its origin in those vices and sinister practices by which the social union is often disturbed and sometimes destroyed. This a.s.sembly has hardly a year's prescription. We have their own word for it that they have made a revolution. To make a revolution is a measure which, _prima fronte_, requires an apology. To make a revolution is to subvert the ancient state of our country; and no common reasons are called for to justify so violent a proceeding. The sense of mankind authorizes us to examine into the mode of acquiring new power, and to criticize on the use that is made of it, with less awe and reverence than that which is usually conceded to a settled and recognized authority.

In obtaining and securing their power, the a.s.sembly proceeds upon principles the most opposite from those which appear to direct them in the use of it. An observation on this difference will let us into the true spirit of their conduct. Everything which they have done, or continue to do, in order to obtain and keep their power, is by the most common arts. They proceed exactly as their ancestors of ambition have done before them. Trace them through all their artifices, frauds, and violences, you can find nothing at all that is new. They follow precedents and examples with the punctilious exactness of a pleader.

They never depart an iota from the authentic formulas of tyranny and usurpation. But in all the regulations relative to the public good the spirit has been the very reverse of this. There they commit the whole to the mercy of untried speculations; they abandon the dearest interests of the public to those loose theories to which none of them would choose to trust the slightest of his private concerns. They make this difference, because in their desire of obtaining and securing power they are thoroughly in earnest; there they travel in the beaten road. The public interests, because about them they have no real solicitude, they abandon wholly to chance: I say to chance, because their schemes have nothing in experience to prove their tendency beneficial.

We must always see with a pity not unmixed with respect the errors of those who are timid and doubtful of themselves with regard to points wherein the happiness of mankind is concerned. But in these gentlemen there is nothing of the tender parental solicitude which fears to cut up the infant for the sake of an experiment. In the vastness of their promises and the confidence of their predictions they far outdo all the boasting of empirics. The arrogance of their pretensions in a manner provokes and challenges us to an inquiry into their foundation.

I am convinced that there are men of considerable parts among the popular leaders in the National a.s.sembly. Some of them display eloquence in their speeches and their writings. This cannot be without powerful and cultivated talents. But eloquence may exist without a proportionable degree of wisdom. When I speak of ability, I am obliged to distinguish.

What they have done towards the support of their system bespeaks no ordinary men. In the system itself, taken as the scheme of a republic constructed for procuring the prosperity and security of the citizen, and for promoting the strength and grandeur of the state, I confess myself unable to find out anything which displays, in a single instance, the work of a comprehensive and disposing mind, or even the provisions of a vulgar prudence. Their purpose everywhere seems to have been to evade and slip aside from _difficulty_. This it has been the glory of the great masters in all the arts to confront, and to overcome,--and when they had overcome the first difficulty, to turn it into an instrument for new conquests over new difficulties: thus to enable them to extend the empire of their science, and even to push forward, beyond the reach of their original thoughts, the landmarks of the human understanding itself. Difficulty is a severe instructor, set over us by the supreme ordinance of a parental Guardian and Legislator, who knows us better than we know ourselves, as He loves us better too. _Pater ipse colendi haud facilem esse viam voluit_. He that wrestles with us strengthens our nerves and sharpens our skill. Our antagonist is our helper. This amicable conflict with difficulty obliges us to an intimate acquaintance with our object, and compels us to consider it in all its relations. It will not suffer us to be superficial. It is the want of nerves of understanding for such a task, it is the degenerate fondness for tricking short-outs and little fallacious facilities, that has in so many parts of the world created governments with arbitrary powers. They have created the late arbitrary monarchy of France. They have created the arbitrary republic of Paris. With them defects in wisdom are to be supplied by the plenitude of force. They get nothing by it. Commencing their labors on a principle of sloth, they have the common fortune of slothful men. The difficulties, which they rather had eluded than escaped, meet them again in their course; they multiply and thicken on them; they are involved, through a labyrinth of confused detail, in an industry without limit and without direction; and in conclusion, the whole of their work becomes feeble, vicious, and insecure.

It is this inability to wrestle with difficulty which has obliged the arbitrary a.s.sembly of France to commence their schemes of reform with abolition and total destruction.[120] But is it in destroying and pulling down that skill is displayed? Your mob can do this as well at least as your a.s.semblies. The shallowest understanding, the rudest hand, is more than equal to that task. Rage and frenzy will pull down more in half an hour than prudence, deliberation, and foresight can build up in a hundred years. The errors and defects of old establishments are visible and palpable. It calls for little ability to point them out; and where absolute power is given, it requires but a word wholly to abolish the vice and the establishment together. The same lazy, but restless disposition, which loves sloth and hates quiet, directs these politicians, when they come to work for supplying the place of what they have destroyed. To make everything the reverse of what they have seen is quite as easy as to destroy. No difficulties occur in what has never been tried. Criticism is almost baffled in discovering the defects of what has not existed; and eager enthusiasm and cheating hope have all the wide field of imagination, in which they may expatiate with little or no opposition.

At once to preserve and to reform is quite another thing. When the useful parts of an old establishment are kept, and what is superadded is to be fitted to what is retained, a vigorous mind, steady, persevering attention, various powers of comparison and combination, and the resources of an understanding fruitful in expedients are to be exercised; they are to be exercised in a continued conflict with the combined force of opposite vices, with the obstinacy that rejects all improvement, and the levity that is fatigued and disgusted with everything of which it is in possession. But you may object,--”A process of this kind is slow. It is not fit for an a.s.sembly which glories in performing in a few months the work of ages. Such a mode of reforming, possibly, might take up many years.” Without question it might; and it ought. It is one of the excellences of a method in which time is amongst the a.s.sistants, that its operation is slow, and in some cases almost imperceptible. If circ.u.mspection and caution are a part of wisdom, when we work only upon inanimate matter, surely they become a part of duty too, when the subject of our demolition and construction is not brick and timber, but sentient beings, by the sudden alteration of whose state, condition, and habits, mult.i.tudes may be rendered miserable. But it seems as if it were the prevalent opinion in Paris, that an unfeeling heart and an undoubting confidence are the sole qualifications for a perfect legislator. Far different are my ideas of that high office. The true lawgiver ought to have a heart full of sensibility. He ought to love and respect his kind, and to fear himself. It may be allowed to his temperament to catch his ultimate object with an intuitive glance; but his movements towards it ought to be deliberate. Political arrangement, as it is a work for social ends, is to be only wrought by social means.

There mind must conspire with mind. Time is required to produce that union of minds which alone can produce all the good we aim at. Our patience will achieve more than our force. If I might venture to appeal to what is so much out of fas.h.i.+on in Paris,--I mean to experience,--I should tell you, that in my course I have known, and, according to my measure, have cooperated with great men; and I have never yet seen any plan which has not been mended by the observations of those who were much inferior in understanding to the person who took the lead in the business. By a slow, but well-sustained progress, the effect of each step is watched; the good or ill success of the first gives light to us in the second; and so, from light to light, we are conducted with safety through the whole series. We see that the parts of the system do not clash. The evils latent in the most promising contrivances are provided for as they arise. One advantage is as little as possible sacrificed to another. We compensate, we reconcile, we balance. We are enabled to unite into a consistent whole the various anomalies and contending principles that are found in the minds and affairs of men. From hence arises, not an excellence in simplicity, but one far superior, an excellence in composition. Where the great interests of mankind are concerned through a long succession of generations, that succession ought to be admitted into some share in the councils which are so deeply to affect them. If justice requires this, the work itself requires the aid of more minds than one age can furnish. It is from this view of things that the best legislators have been often satisfied with the establishment of some sure, solid, and ruling principle in government,--a power like that which some of the philosophers have called a plastic Nature; and having fixed the principle, they have left it afterwards to its own operation.

To proceed in this manner, that is, to proceed with a presiding principle and a prolific energy, is with me the criterion of profound wisdom. What your politicians think the marks of a bold, hardy genius are only proofs of a deplorable want of ability. By their violent haste, and their defiance of the process of Nature, they are delivered over blindly to every projector and adventurer, to every alchemist and empiric. They despair of turning to account anything that is common.

Diet is nothing in their system of remedy. The worst of it is, that this their despair of curing common distempers by regular methods arises not only from defect of comprehension, but, I fear, from some malignity of disposition. Your legislators seem to have taken their opinions of all professions, ranks, and offices from the declamations and buffooneries of satirists,--who would themselves be astonished, if they were held to the letter of their own descriptions. By listening only to these, your leaders regard all things only on the side of their vices and faults, and view those vices and faults under every color of exaggeration. It is undoubtedly true, though it may seem paradoxical,--but, in general, those who are habitually employed in finding and displaying faults are unqualified for the work of reformation; because their minds are not only unfurnished with patterns of the fair and good, but by habit they come to take no delight in the contemplation of those things. By hating vices too much, they come to love men too little. It is therefore not wonderful that they should be indisposed and unable to serve them. From hence arises the complexional disposition of some of your guides to pull everything in pieces. At this malicious game they display the whole of their _quadrimanous_ activity. As to the rest, the paradoxes of eloquent writers, brought forth purely as a sport of fancy, to try their talents, to rouse attention, and excite surprise, are taken up by these gentlemen, not in the spirit of the original authors, as means of cultivating their taste and improving their style: these paradoxes become with them serious grounds of action, upon which they proceed in regulating the most important concerns of the state. Cicero ludicrously describes Cato as endeavoring to act in the commonwealth upon the school paradoxes which exercised the wits of the junior students in the Stoic philosophy. If this was true of Cato, these gentlemen copy after him in the manner of some persons who lived about his time,--_pede nudo Catonem_. Mr. Hume told me that he had from Rousseau himself the secret of his principles of composition. That acute, though eccentric observer, had perceived, that, to strike and interest the public, the marvellous must be produced; that the marvellous of the heathen mythology had long since lost its effects; that giants, magicians, fairies, and heroes of romance, which succeeded, had exhausted the portion of credulity which belonged to their age; that now nothing was left to a writer but that species of the marvellous, which might still be produced, and with as great an effect as ever, though in another way,--that is, the marvellous in life, in manners, in characters, and in extraordinary situations, giving rise to new and unlooked-for strokes in politics and morals. I believe, that, were Rousseau alive, and in one of his lucid intervals, he would be shocked at the practical frenzy of his scholars, who in their paradoxes are servile imitators, and even in their incredulity discover an implicit faith.

Men who undertake considerable things, even in a regular way, ought to give us ground to presume ability. But the physician of the state, who, not satisfied with the cure of distempers, undertakes to regenerate const.i.tutions, ought to show uncommon powers. Some very unusual appearances of wisdom ought to display themselves on the face of the designs of those who appeal to no practice and who copy after no model.

Has any such been manifested? I shall take a view (it shall for the subject be a very short one) of what the a.s.sembly has done, with regard, first, to the const.i.tution of the legislature; in the next place, to that of the executive power; then to that of the judicature; afterwards to the model of the army; and conclude with the system of finance: to see whether we can discover in any part of their schemes the portentous ability which may justify these bold undertakers in the superiority which they a.s.sume over mankind.

It is in the model of the sovereign and presiding part of this new republic that we should expect their grand display. Here they were to prove their t.i.tle to their proud demands. For the plan itself at large, and for the reasons on which it is grounded, I refer to the journals of the a.s.sembly of the 29th of September, 1789, and to the subsequent proceedings which have made any alterations in the plan. So far as in a matter somewhat confused I can see light, the system remains substantially as it has been originally framed. My few remarks will be such as regard its spirit, its tendency, and its fitness for framing a popular commonwealth, which they profess theirs to be, suited to the ends for which any commonwealth, and particularly such a commonwealth, is made. At the same time I mean to consider its consistency with itself and its own principles.

Old establishments are tried by their effects. If the people are happy, united, wealthy, and powerful, we presume the rest. We conclude that to be good from whence good is derived. In old establishments various correctives have been found for their aberrations from theory. Indeed, they are the results of various necessities and expediences. They are not often constructed after any theory: theories are rather drawn from them. In them we often see the end best obtained, where the means seem not perfectly reconcilable to what we may fancy was the original scheme.

The means taught by experience may be better suited to political ends than those contrived in the original project. They again react upon the primitive const.i.tution, and sometimes improve the design itself, from which they seem to have departed. I think all this might be curiously exemplified in the British Const.i.tution. At worst, the errors and deviations of every kind in reckoning are found and computed, and the s.h.i.+p proceeds in her course. This is the case of old establishments; but in a new and merely theoretic system, it is expected that every contrivance shall appear, on the face of it, to answer its ends, especially where the projectors are no way embarra.s.sed with an endeavor to accommodate the new building to an old one, either in the walls or on the foundations.

The French builders, clearing away as mere rubbish whatever they found, and, like their ornamental gardeners, forming everything into an exact level, propose to rest the whole local and general legislature on three bases of three different kinds,--one geometrical, one arithmetical, and the third financial; the first of which they call _the basis of territory_; the second, _the basis of population_; and the third, _the basis of contribution_. For the accomplishment of the first of these purposes, they divide the area of their country into eighty-three pieces, regularly square, of eighteen leagues by eighteen. These large divisions are called _Departments_. These they portion, proceeding by square measurement, into seventeen hundred and twenty districts, called _Communes_. These again they subdivide, still proceeding by square measurement, into smaller districts, called _Cantons_, making in all 6,400.