Volume V Part 13 (2/2)

Jacobinism is the revolt of the enterprising talents of a country against its property. When private men form themselves into a.s.sociations for the purpose of destroying the preexisting laws and inst.i.tutions of their country,--when they secure to themselves an army by dividing amongst the people of no property the estates of the ancient and lawful proprietors,--when a state recognizes those acts,--when it does not make confiscations for crimes, but makes crimes for confiscations,--when it has its princ.i.p.al strength and all its resources in such a violation of property,--when it stands chiefly upon such a violation, ma.s.sacring by judgments, or otherwise, those who make any struggle for their old legal government, and their legal, hereditary, or acquired possessions,--I call this _Jacobinism by Establishment_.

I call it _Atheism by Establishment_, when any state, as such, shall not acknowledge the existence of G.o.d as a moral governor of the world,--when it shall offer to Him no religious or moral wors.h.i.+p,--when it shall abolish the Christian religion by a regular decree,--when it shall persecute, with a cold, unrelenting, steady cruelty, by every mode of confiscation, imprisonment, exile, and death, all its ministers,--when it shall generally shut up or pull down churches,--when the few buildings which remain of this kind shall be opened only for the purpose of making a profane apotheosis of monsters whose vices and crimes have no parallel amongst men, and whom all other men consider as objects of general detestation and the severest animadversion of law. When, in the place of that religion of social benevolence and of individual self-denial, in mockery of all religion, they inst.i.tute impious, blasphemous, indecent theatric rites, in honor of their vitiated, perverted reason, and erect altars to the personification of their own corrupted and b.l.o.o.d.y republic,--when schools and seminaries are founded at public expense to poison mankind, from generation to generation, with the horrible maxims of this impiety,--when, wearied out with incessant martyrdom, and the cries of a people hungering and thirsting for religion, they permit it only as a tolerated evil,--I call this _Atheism by Establishment_.

When to these establishments of Regicide, of Jacobinism, and of Atheism, you add the _correspondent system of manners_, no doubt can be left on the mind of a thinking man concerning their determined hostility to the human race. Manners are of more importance than laws. Upon them, in a great measure, the laws depend. The law touches us but here and there, and now and then. Manners are what vex or soothe, corrupt or purify, exalt or debase, barbarize or refine us, by a constant, steady, uniform, insensible operation, like that of the air we breathe in. They give their whole form and color to our lives. According to their quality, they aid morals, they supply them, or they totally destroy them. Of this the new French legislators were aware; therefore, with the same method, and under the same authority, they settled a system of manners, the most licentious, prost.i.tute, and abandoned that ever has been known, and at the same time the most coa.r.s.e, rude, savage, and ferocious. Nothing in the Revolution, no, not to a phrase or a gesture, not to the fas.h.i.+on of a hat or a shoe, was left to accident. All has been the result of design; all has been matter of inst.i.tution. No mechanical means could be devised in favor of this incredible system of wickedness and vice, that has not been employed. The n.o.blest pa.s.sions, the love of glory, the love of country, have been debauched into means of its preservation and its propagation. All sorts of shows and exhibitions, calculated to inflame and vitiate the imagination and pervert the moral sense, have been contrived. They have sometimes brought forth five or six hundred drunken women calling at the bar of the a.s.sembly for the blood of their own children, as being Royalists or Const.i.tutionalists. Sometimes they have got a body of wretches, calling themselves fathers, to demand the murder of their sons, boasting that Rome had but one Brutus, but that they could show five hundred. There were instances in which they inverted and retaliated the impiety, and produced sons who called for the execution of their parents. The foundation of their republic is laid in moral paradoxes. Their patriotism is always prodigy. All those instances to be found in history, whether real or fabulous, of a doubtful public spirit, at which morality is perplexed, reason is staggered, and from which affrighted Nature recoils, are their chosen and almost sole examples for the instruction of their youth.

The whole drift of their inst.i.tution is contrary to that of the wise legislators of all countries, who aimed at improving instincts into morals, and at grafting the virtues on the stock of the natural affections. They, on the contrary, have omitted no pains to eradicate every benevolent and n.o.ble propensity in the mind of men. In their culture it is a rule always to graft virtues on vices. They think everything unworthy of the name of public virtue, unless it indicates violence on the private. All their new inst.i.tutions (and with them everything is new) strike at the root of our social nature. Other legislators, knowing that marriage is the origin of all relations, and consequently the first element of all duties, have endeavored by every art to make it sacred. The Christian religion, by confining it to the pairs, and by rendering that relation indissoluble, has by these two things done more towards the peace, happiness, settlement, and civilization of the world than by any other part in this whole scheme of Divine wisdom. The direct contrary course has been taken in the synagogue of Antichrist,--I mean in that forge and manufactory of all evil, the sect which predominated in the Const.i.tuent a.s.sembly of 1789.

Those monsters employed the same or greater industry to desecrate and degrade that state, which other legislators have used to render it holy and honorable. By a strange, uncalled-for declaration, they p.r.o.nounced that marriage was no better than a common civil contract. It was one of their ordinary tricks, to put their sentiments into the mouths of certain personated characters, which they theatrically exhibited at the bar of what ought to be a serious a.s.sembly. One of these was brought out in the figure of a prost.i.tute, whom they called by the affected name of ”a mother without being a wife.” This creature they made to call for a repeal of the incapacities which in civilized states are put upon b.a.s.t.a.r.ds. The prost.i.tutes of the a.s.sembly gave to this their puppet the sanction of their greater impudence. In consequence of the principles laid down, and the manners authorized, b.a.s.t.a.r.ds were not long after put on the footing of the issue of lawful unions. Proceeding in the spirit of the first authors of their Const.i.tution, succeeding a.s.semblies went the full length of the principle, and gave a license to divorce at the mere pleasure of either party, and at a month's notice. With them the matrimonial connection is brought into so degraded a state of concubinage, that I believe none of the wretches in London who keep warehouses of infamy would give out one of their victims to private custody on so short and insolent a tenure. There was, indeed, a kind of profligate equity in giving to women the same licentious power. The reason they a.s.signed was as infamous as the act: declaring that women had been too long under the tyranny of parents and of husbands. It is not necessary to observe upon the horrible consequences of taking one half of the species wholly out of the guardians.h.i.+p and protection of the other.

The practice of divorce, though in some countries permitted, has been discouraged in all. In the East, polygamy and divorce are in discredit; and the manners correct the laws. In Rome, whilst Rome was in its integrity, the few causes allowed for divorce amounted in effect to a prohibition. They were only three. The arbitrary was totally excluded; and accordingly some hundreds of years pa.s.sed without a single example of that kind. When manners were corrupted, the laws were relaxed; as the latter always follow the former, when they are not able to regulate them or to vanquish them. Of this circ.u.mstance the legislators of vice and crime were pleased to take notice, as an inducement to adopt their regulation: holding out an hope that the permission would as rarely be made use of. They knew the contrary to be true; and they had taken good care that the laws should be well seconded by the manners. Their law of divorce, like all their laws, had not for its object the relief of domestic uneasiness, but the total corruption of all morals, the total disconnection of social life.

It is a matter of curiosity to observe the operation of this encouragement to disorder. I have before me the Paris paper correspondent to the usual register of births, marriages, and deaths.

Divorce, happily, is no regular head of registry amongst civilized nations. With the Jacobins it is remarkable that divorce is not only a regular head, but it has the post of honor. It occupies the first place in the list. In the three first months of the year 1793 the number of divorces in that city amounted to 562; the marriages were 1785: so that the proportion of divorces to marriages was not much less than one to three: a thing unexampled, I believe, among mankind. I caused an inquiry to be made at Doctors' Commons concerning the number of divorces, and found that all the divorces (which, except by special act of Parliament, are separations, and not proper divorces) did not amount in all those courts, and in an hundred years, to much more than one fifth of those that pa.s.sed in the single city of Paris in three months. I followed up the inquiry relative to that city through several of the subsequent months, until I was tired, and found the proportions still the same.

Since then I have heard that they have declared for a revisal of these laws: but I know of nothing done. It appears as if the contract that renovates the world was under no law at all. From this we may take our estimate of the havoc that has been made through all the relations of life. With the Jacobins of France, vague intercourse is without reproach; marriage is reduced to the vilest concubinage; children are encouraged to cut the throats of their parents; mothers are taught that tenderness is no part of their character, and, to demonstrate their attachment to their party, that they ought to make no scruple to rake with their b.l.o.o.d.y hands in the bowels of those who came from their own.

To all this let us join the practice of _cannibalism_, with which, in the proper terms, and with the greatest truth, their several factions accuse each other. By cannibalism I mean their devouring, as a nutriment of their ferocity, some part of the bodies of those they have murdered, their drinking the blood of their victims, and forcing the victims themselves to drink the blood of their kindred slaughtered before their faces. By cannibalism I mean also to signify all their nameless, unmanly, and abominable insults on the bodies of those they slaughter.

As to those whom they suffer to die a natural death, they do not permit them to enjoy the last consolations of mankind, or those rights of sepulture which indicate hope, and which mere Nature has taught to mankind, in all countries, to soothe the afflictions and to cover the infirmity of mortal condition. They disgrace men in the entry into life, they vitiate and enslave them through the whole course of it, and they deprive them of all comfort at the conclusion of their dishonored and depraved existence. Endeavoring to persuade the people that they are no better than beasts, the whole body of their inst.i.tution tends to make them beasts of prey, furious and savage. For this purpose the active part of them is disciplined into a ferocity which has no parallel. To this ferocity there is joined not one of the rude, unfas.h.i.+oned virtues which accompany the vices, where the whole are left to grow up together in the rankness of uncultivated Nature. But nothing is left to Nature in their systems.

The same discipline which hardens their hearts relaxes their morals.

Whilst courts of justice were thrust out by revolutionary tribunals, and silent churches were only the funeral monuments of departed religion, there were no fewer than nineteen or twenty theatres, great and small, most of them kept open at the public expense, and all of them crowded every night. Among the gaunt, haggard forms of famine and nakedness, amidst the yells of murder, the tears of affliction, and the cries of despair, the song, the dance, the mimic scene, the buffoon laughter, went on as regularly as in the gay hour of festive peace. I have it from good authority, that under the scaffold of judicial murder, and the gaping planks that poured down blood on the spectators, the s.p.a.ce was hired out for a show of dancing dogs. I think, without concert, we have made the very same remark, on reading some of their pieces, which, being written for other purposes, let us into a view of their social life. It struck us that the habits of Paris had no resemblance to the finished virtues, or to the polished vice, and elegant, though not blameless luxury, of the capital of a great empire. Their society was more like that of a den of outlaws upon a doubtful frontier,--of a lewd tavern for the revels and debauches of banditti, a.s.sa.s.sins, bravoes, smugglers, and their more desperate paramours, mixed with bombastic players, the refuse and rejected offal of strolling theatres, puffing out ill-sorted verses about virtue, mixed with the licentious and blasphemous songs proper to the brutal and hardened course of life belonging to that sort of wretches. This system of manners in itself is at war with all orderly and moral society, and is in its neighborhood unsafe. If great bodies of that kind were anywhere established in a bordering territory, we should have a right to demand of their governments the suppression of such a nuisance. What are we to do, if the government and the whole community is of the same description? Yet that government has thought proper to invite ours to lay by its unjust hatred, and to listen to the voice of humanity as taught by their example.

The operation of dangerous and delusive first principles obliges us to have recourse to the true ones. In the intercourse between nations, we are apt to rely too much on the instrumental part. We lay too much weight upon the formality of treaties and compacts. We do not act much more wisely, when we trust to the interests of men as guaranties of their engagements. The interests frequently tear to pieces the engagements, and the pa.s.sions trample upon both. Entirely to trust to either is to disregard our own safety, or not to know mankind. Men are not tied to one another by papers and seals. They are led to a.s.sociate by resemblances, by conformities, by sympathies. It is with nations as with individuals. Nothing is so strong a tie of amity between nation and nation as correspondence in laws, customs, manners, and habits of life.

They have more than the force of treaties in themselves. They are obligations written in the heart. They approximate men to men without their knowledge, and sometimes against their intentions. The secret, unseen, but irrefragable bond of habitual intercourse holds them together, even when their perverse and litigious nature sets them to equivocate, scuffle, and fight about the terms of their written obligations.

As to war, if it be the means of wrong and violence, it is the sole means of justice amongst nations. Nothing can banish it from the world.

They who say otherwise, intending to impose upon us, do not impose upon themselves. But it is one of the greatest objects of human wisdom to mitigate those evils which we are unable to remove. The conformity and a.n.a.logy of which I speak, incapable, like everything else, of preserving perfect trust and tranquillity among men, has a strong tendency to facilitate accommodation, and to produce a generous oblivion of the rancor of their quarrels. With this similitude, peace is more of peace, and war is less of war. I will go further. There have been periods of time in which communities apparently in peace with each other have been more perfectly separated than in later times many nations in Europe have been in the course of long and b.l.o.o.d.y wars. The cause must be sought in the similitude throughout Europe of religion, laws, and manners. At bottom, these are all the same. The writers on public law have often called this _aggregate_ of nations a commonwealth. They had reason. It is virtually one great state, having the same basis of general law, with some diversity of provincial customs and local establishments. The nations of Europe have had the very same Christian religion, agreeing in the fundamental parts, varying a little in the ceremonies and in the subordinate doctrines. The whole of the polity and economy of every country in Europe has been derived from the same sources. It was drawn from the old Germanic or Gothic Custumary,--from the feudal inst.i.tutions, which must be considered as an emanation from that Custumary; and the whole has been improved and digested into system and discipline by the Roman law. From hence arose the several orders, with or without a monarch, (which are called States,) in every European country; the strong traces of which, where monarchy predominated, were never wholly extinguished or merged in despotism. In the few places where monarchy was cast off, the spirit of European monarchy was still left. Those countries still continued countries of States,--that is, of cla.s.ses, orders, and distinctions, such as had before subsisted, or nearly so. Indeed, the force and form of the inst.i.tution called States continued in greater perfection in those republican communities than under monarchies. From all those sources arose a system of manners and of education which was nearly similar in all this quarter of the globe,--and which softened, blended, and harmonized the colors of the whole. There was little difference in the form of the universities for the education of their youth, whether with regard to faculties, to sciences, or to the more liberal and elegant kinds of erudition. From this resemblance in the modes of intercourse, and in the whole form and fas.h.i.+on of life, no citizen of Europe could be altogether an exile in any part of it. There was nothing more than a pleasing variety to recreate and instruct the mind, to enrich the imagination, and to meliorate the heart. When a man travelled or resided, for health, pleasure, business, or necessity, from his own country, he never felt himself quite abroad.

The whole body of this new scheme of manners, in support of the new scheme of polities, I consider as a strong and decisive proof of determined ambition and systematic hostility. I defy the most refining ingenuity to invent any other cause for the total departure of the Jacobin Republic from every one of the ideas and usages, religious, legal, moral, or social, of this civilized world, and for her tearing herself from its communion with such studied violence, but from a formed resolution of keeping no terms with that world. It has not been, as has been falsely and insidiously represented, that these miscreants had only broke with their old government. They made a schism with the whole universe, and that schism extended to almost everything, great and small. For one, I wish, since it is gone thus far, that the breach had been so complete as to make all intercourse impracticable: but, partly by accident, partly by design, partly from the resistance of the matter, enough is left to preserve intercourse, whilst amity is destroyed or corrupted in its principle.

This violent breach of the community of Europe we must conclude to have been made (even if they had not expressly declared it over and over again) either to force mankind into an adoption of their system or to live in perpetual enmity with a community the most potent we have ever known. Can any person imagine, that, in offering to mankind this desperate alternative, there is no indication of a hostile mind, because men in possession of the ruling authority are supposed to have a right to act without coercion in their own territories? As to the right of men to act anywhere according to their pleasure, without any moral tie, no such right exists. Men are never in a state of _total_ independence of each other. It is not the condition of our nature: nor is it conceivable how any man can pursue a considerable course of action without its having some effect upon others, or, of course, without producing some degree of responsibility for his conduct. The _situations_ in which men relatively stand produce the rules and principles of that responsibility, and afford directions to prudence in exacting it.

Distance of place does not extinguish the duties or the rights of men; but it often renders their exercise impracticable. The same circ.u.mstance of distance renders the noxious effects of an evil system in any community less pernicious. But there are situations where this difficulty does not occur, and in which, therefore, those duties are obligatory and these rights are to be a.s.serted. It has ever been the method of public jurists to draw a great part of the a.n.a.logies on which they form the law of nations from the principles of law which prevail in civil community. Civil laws are not all of them merely positive. Those which are rather conclusions of legal reason than matters of statutable provision belong to universal equity, and are universally applicable.

Almost the whole praetorian law is such. There is a _law of neighborhood_ which does not leave a man perfect master on his own ground. When a neighbor sees a _new erection_, in the nature of a nuisance, set up at his door, he has a right to represent it to the judge, who, on his part, has a right to order the work to be stayed, or, if established, to be removed. On this head the parent law is express and clear, and has made many wise provisions, which, without destroying, regulate and restrain the right of _owners.h.i.+p_ by the right of _vicinage_. No _innovation_ is permitted that may redound, even secondarily, to the prejudice of a neighbor. The whole doctrine of that important head of praetorian law, ”_De novi operis nunciatione_,” is founded on the principle, that no _new_ use should be made of a man's private liberty of operating upon his private property, from whence a detriment may be justly apprehended by his neighbor. This law of denunciation is prospective. It is to antic.i.p.ate what is called _d.a.m.num infectum_ or _d.a.m.num nondum factum_, that is, a damage justly apprehended, but not actually done. Even before it is clearly known whether the innovation be damageable or not, the judge is competent to issue a prohibition to innovate until the point can be determined. This prompt interference is grounded on principles favorable to both parties. It is preventive of mischief difficult to be repaired, and of ill blood difficult to be softened. The rule of law, therefore, which comes before the evil is amongst the very best parts of equity, and justifies the promptness of the remedy; because, as it is well observed, ”_Res d.a.m.ni infecti celeritatem desiderat, et periculosa est dilatio_.” This right of denunciation does not hold, when things continue, however inconveniently to the neighborhood, according to the _ancient_ mode. For there is a sort of presumption against novelty, drawn out of a deep consideration of human nature and human affairs; and the maxim of jurisprudence is well laid down, ”_Vetustas pro lege semper habetur_.”

Such is the law of civil vicinity. Now where there is no const.i.tuted judge, as between independent states there is not, the vicinage itself is the natural judge. It is, preventively, the a.s.sertor of its own rights, or, remedially, their avenger. Neighbors are presumed to take cognizance of each other's acts. ”_Vicini vicinorum facta praesumuntur seire_.” This principle, which, like the rest, is as true of nations as of individual men, has bestowed on the grand vicinage of Europe a duty to know and a right to prevent any capital innovation which may amount to the erection of a dangerous nuisance.[32] Of the importance of that innovation, and the mischief of that nuisance, they are, to be sure, bound to judge not litigiously: but it is in their competence to judge.

They have uniformly acted on this right. What in civil society is a ground of action in politic society is a ground of war. But the exercise of that competent jurisdiction is a matter of moral prudence. As suits in civil society, so war in the political, must ever be a matter of great deliberation. It is not this or that particular proceeding, picked out here and there, as a subject of quarrel, that will do. There must be an aggregate of mischief. There must be marks of deliberation; there must be traces of design; there must be indications of malice; there must be tokens of ambition. There must be force in the body where they exist; there must be energy in the mind. When all these circ.u.mstances combine, or the important parts of them, the duty of the vicinity calls for the exercise of its competence: and the rules of prudence do not restrain, but demand it.

In describing the nuisance erected by so pestilential a manufactory, by the construction of so infamous a brothel, by digging a night-cellar for such thieves, murderers, and house-breakers as never infested the world, I am so far from aggravating, that I have fallen infinitely short of the evil. No man who has attended to the particulars of what has been done in France, and combined them with the principles there a.s.serted, can possibly doubt it. When I compare with this great cause of nations the trifling points of honor, the still more contemptible points of interest, the light ceremonies, the undefinable punctilios, the disputes about precedency, the lowering or the hoisting of a sail, the dealing in a hundred or two of wildcat-skins on the other side of the globe, which have often kindled up the flames of war between nations, I stand astonished at those persons who do not feel a resentment, not more natural than politic, at the atrocious insults that this monstrous compound offers to the dignity of every nation, and who are not alarmed with what it threatens to their safety.

I have therefore been decidedly of opinion, with our declaration at Whitehall in the beginning of this war, that the vicinage of Europe had not only a right, but an indispensable duty and an exigent interest, to denunciate this new work, before it had produced the danger we have so sorely felt, and which we shall long feel. The example of what is done by France is too important not to have a vast and extensive influence; and that example, backed with its power, must bear with great force on those who are near it, especially on those who shall recognize the pretended republic on the principle upon which it now stands. It is not an old structure, which you have found as it is, and are not to dispute of the original end and design with which it had been so fas.h.i.+oned. It is a recent wrong, and can plead no prescription. It violates the rights upon which not only the community of France, but those on which all communities are founded. The principles on which they proceed are _general_ principles, and are as true in England as in any other country. They who (though with the purest intentions) recognize the authority of these regicides and robbers upon principle justify their acts, and establish them as precedents. It is a question not between France and England; it is a question between property and force. The property claims; and its claim has been allowed. The property of the nation is the nation. They who ma.s.sacre, plunder, and expel the body of the proprietary are murderers and robbers. The state, in its essence, must be moral and just: and it may be so, though a tyrant or usurper should be accidentally at the head of it. This is a thing to be lamented: but this notwithstanding, the body of the commonwealth may remain in all its integrity and be perfectly sound in its composition.

The present case is different. It is not a revolution in government. It is not the victory of party over party. It is a destruction and decomposition of the whole society; which never can be made of right by any faction, however powerful, nor without terrible consequences to all about it, both in the act and in the example. This pretended republic is founded in crimes, and exists by wrong and robbery; and wrong and robbery, far from a t.i.tle to anything, is war with mankind. To be at peace with robbery is to be an accomplice with it.

Mere locality does not const.i.tute a body politic. Had Cade and his gang got possession of London, they would not have been the lord mayor, aldermen, and common council. The body politic of France existed in the majesty of its throne, in the dignity of its n.o.bility, in the honor of its gentry, in the sanct.i.ty of its clergy, in the reverence of its magistracy, in the weight and consideration due to its landed property in the several bailliages, in the respect due to its movable substance represented by the corporations of the kingdom. All these particular _molecules_ united form the great ma.s.s of what is truly the body politic in all countries. They are so many deposits and receptacles of justice; because they can only exist by justice. Nation is a moral essence, not a geographical arrangement, or a denomination of the nomenclator. France, though out of her territorial possession, exists; because the sole possible claimant, I mean the proprietary, and the government to which the proprietary adheres, exists and claims. G.o.d forbid, that if you were expelled from your house by ruffians and a.s.sa.s.sins, that I should call the material walls, doors, and windows of ---- the ancient and honorable family of ----! Am I to transfer to the intruders, who, not content to turn you out naked to the world, would rob you of your very name, all the esteem and respect I owe to you? The Regicides in France are not France. France is out of her bounds, but the kingdom is the same.

To ill.u.s.trate my opinions on this subject, let us suppose a case, which, after what has happened, we cannot think absolutely impossible, though the augury is to be abominated, and the event deprecated with our most ardent prayers. Let us suppose, then, that our gracious sovereign was sacrilegiously murdered; his exemplary queen, at the head of the matronage of this land, murdered in the same manner; that those princesses whose beauty and modest elegance are the ornaments of the country, and who are the leaders and patterns of the ingenuous youth of their s.e.x, were put to a cruel and ignominious death, with hundreds of others, mothers and daughters, ladies of the first distinction; that the Prince of Wales and the Duke of York, princes the hope and pride of the nation, with all their brethren, were forced to fly from the knives of a.s.sa.s.sins; that the whole body of our excellent clergy were either ma.s.sacred or robbed of all and transported; the Christian religion, in all its denominations, forbidden and persecuted; the law totally, fundamentally, and in all its parts, destroyed; the judges put to death by revolutionary tribunals; the peers and commons robbed to the last acre of their estates, ma.s.sacred, if they stayed, or obliged to seek life in flight, in exile, and in beggary; that the whole landed property should share the very same fate; that every military and naval officer of honor and rank, almost to a man, should be placed in the same description of confiscation and exile; that the princ.i.p.al merchants and bankers should be drawn out, as from an hen-coop, for slaughter; that the citizens of our greatest and most flouris.h.i.+ng cities, when the hand and the machinery of the hangman were not found sufficient, should have been collected in the public squares and ma.s.sacred by thousands with cannon; if three hundred thousand others should have been doomed to a situation worse than death in noisome and pestilential prisons. In such a case, is it in the faction of robbers I am to look for my country?

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