Part 1 (1/2)

Liberty In The Nineteenth Century.

by Frederic May Holland.

PREFACE

THIS book is a result of having studied the development of political and religious liberty for forty years. How well I have selected my authorities the reader can judge. I will merely say that I have mentioned no writer whom I have not studied carefully. The sun-dial has been so far my model that victories in the cause of freedom are more prominent than defeats in the pages that follow. It did not seem necessary to give much s.p.a.ce to familiar authors, though I should have liked to do justice to Buckle, George Eliot, and Swinburne.

I regret that I have been unable to tell at any adequate length how the Republic which was proclaimed at Paris in 1870 has survived longer than any other government set up in France during the century. Its enemies have been voted down repeatedly everywhere; the schools have been made free from ecclesiastical control; and the hostility of the clergy has been suppressed by the Pope. The French are still too fond of military glory, and too ignorant of the value of personal liberty and local self-government; but rapid advance in freedom is already possible under the Const.i.tution of 1884. Not only France, but also Great Britain, Canada, and Australia, give proof that the time has gone by when Americans had any right to claim, as they did in my boyhood, to be the only people able to govern themselves.

If any nation can maintain a free press, just laws, and elections of local magistrates, it ought to enjoy these rights, however slight may be its fitness for becoming a real republic; and the suppression of such rights by Cromwell and Napoleon cannot be pardoned consistently by any friend to liberty. Napoleon's chief guilt, as I must here mention, was in ordering the expulsion from office by soldiers, in 1797, of representatives of the people who were striving to maintain liberty at home and establish peace abroad. If there were any necessity for his usurpation two years later, it was largely of his own making. Despotism had already been made tolerable, however, even during the first Republic, by the national fondness for war. This is according to a principle which is taught by Herbert Spencer, and which is ill.u.s.trated in the following pages by many instances from the history of France and other nations. The horrors of the Reign of Terror may be explained, though not excused, by the greatness of the danger from invaders as well as rebels. And there were very few cases of punis.h.i.+ng differences merely about religion by the guillotine.

I have also tried to show how the centralising tendencies of a government are strengthened by the wish of its citizens to gain private advantages by state aid. John Stuart Mill and Herbert Spencer have published timely warnings against the danger of checking the development of individual energy and ability by meddlesome laws. Whether the power of the government ought to be reduced to the narrow limits proposed by these great thinkers, is a question which has been discussed at some length in my last chapter. It is there suggested that such a reduction would be much more practicable in the case of national than of local governments. It is not likely to be made anywhere at present; but it might be well for reformers to try to restrict the operations of governments according to the following rule: nothing to be undertaken by a national government which can be done as well by munic.i.p.alities; and nothing to be attempted by either a local or central government which can be done as well by private citizens, acting singly or in voluntary a.s.sociations. This rule would justify towns and cities in taking such care of roads, streets, and schools as is not sanctioned by Spencer; but it would leave munic.i.p.alities free to decide the question whether they ought to carry on gas- and water-works, electric roads, and other enterprises according to the merits of each special case. Here in America internal improvements seem to be the proper charge of the State, rather than of the nation; but whether the former has any right to enforce Sunday laws, and the latter to impose protective tariffs, are questions which I have taken the liberty of discussing thoroughly.

Herbert Spencer should not be held responsible for any opinions not printed plainly as his. Most of the instances of the working of Sunday statutes were taken from a religious newspaper ent.i.tled The American Sentinel. Among very recent cases are these. A Georgian was sentenced on May 16, 1899, to pay a fine of twenty dollars or spend six months in the chain-gang for working on his farm. That same month a clergyman was arrested in Mississippi, merely for taking a little exercise with a hoe in his garden. In 1898, a farmer in the State of New York was arrested for picking a few apples from one of his own trees. The total number of Sabbath-breakers arrested that year in New York City is estimated at a thousand; and there were nearly four thousand arrests for Sunday trading in England and Wales in 1897.

The principle of giving each citizen every opportunity of development compatible with the general welfare, is so plainly irreconcilable with Socialism, that I have thought it well to give several instances of the fact that a man seldom does his best work except for his own benefit and that of his family. Even the exceptionally energetic and conscientious founders of New England did not raise food enough until it was agreed that ”They should set corne, every man for his own particular.” Another difficulty in the way of state Socialism is that the requisite number of competent managers could not be found after the abolition of the compet.i.tive system. It is that which brings forward men of unusual ability and energy, though scarcely in sufficient numbers. Socialism would increase the demand, but lessen the supply. Spencer calls it ”the coming slavery.” It might better be called a slavery which is becoming obsolete. Our existing system of industry certainly needs improvement; but this will have to be made by following the laws of social science.

Their action has done much during the present century to improve the condition of the poor; and we may trust that it will do more hereafter.

The nineteenth might be called the philanthropic century, if that t.i.tle did not belong also to the eighteenth.

The latter has the peculiar merit of doing so much to abolish persecution that there have been comparatively few instances during the period covered by this book. Much more has been done during the last hundred years to extend political than religious liberty; but I have not neglected to mention the most active champions of the great principle, that human rights ought not to be affected by individual differences about theology. If there is too little agitation at present for this principle in the United States, it is largely on account of an unfortunate occurrence of which I have written at some length in the last chapter but one. Here I had the valuable a.s.sistance of Francis E.

Abbot, Ph.D., author of _Scientific Theism_, and Benjamin F. Underwood.

If the words, ”militant liberals,” had been used in this chapter, they would express my meaning more plainly than the term ”aggressive.”

The least pleasant part of my work has been the pointing out defects in a system of philosophy, ethics, and theology which I once delighted to honour. As valuable results may have been reached by the metaphysical method as by the scientific; but if the latter is right the former is certainly wrong. When we find so consistent and warmhearted a Transcendentalist as Miss Cobbe placing pantheism and scepticism among ”the greatest of sins” (see her _Religious Duty_, pp. 19, 65, and 100), we may suspect that this philosophy aggravated Carlyle's natural bitterness against opponents. There has been comparatively little intolerance among American intuitionalists, thanks to the genial influence of Emerson.

F. M. H.

August, 1899.

LIBERTY IN THE NINETEENTH CENTURY

CHAPTER I. NAPOLEON AND HIS WORK

I. France had been freed by the Revolution from many ghosts of kingly, feudal, and priestly privileges; but she was still the prey of the most deadly of vampires,--military glory. The followers of this fatal guide had driven the party of peace and liberty from power by force and fraud, and found a ruler after their own hearts in the conqueror who, in 1804, became the Emperor Napoleon.

Thus was established what some metaphysicians suppose to be the best form of government,--an enlightened despotism. The autocrat knew that he had risen to power as the most popular champion of political equality; and he gave this democratic principle such additional authority that it has continued supreme in France. Her sons are still equals before the law, owners of the land they till, exempt from taxes levied for the benefit of any privileged cla.s.s, and free to choose their own career and mode of wors.h.i.+p. This is due in great part to the usurper who reduced representative government to an empty sh.e.l.l, and who centralised the administration of schools, police, streets, roads, and bridges, and all other local concerns even more completely than had ever been done before the Revolution.

He knew the real needs of France well enough to give her peace with all her enemies; but scarcely had he signed the last treaty when he took possession of Switzerland, and continued to annex territory, in defiance of the protests of the British ministers that he was making peace impossible. War was declared by them in 1803 and kept up against him for eleven years continuously, with occasional a.s.sistance from Russia, Austria, Prussia, Spain, and other countries. This was a period of great glory for France, but also of great suffering. Her boundaries were enlarged; but her most patriotic citizens were slaughtered in foreign lands; her s.h.i.+pping was swept away by British cruisers; her people were hindered in obtaining American grain, British cloth, and other necessaries of life, in exchange for wine, silk, lace, and other luxuries; the Emperor could not supervise the prefects who managed, or mismanaged, all internal interests, and who were responsible to him alone; freedom of the press was prohibited; and all the arts of peace decayed.

This was the price which France paid for Auster-litz, Jena, and other famous victories over Russia, Austria, and Prussia, which in 1807 brought peace with every enemy but England, and made Napoleon master, either directly through his prefects, or indirectly through tributary kings, not only of France but of the Netherlands, Denmark, Switzerland, Spain, Venice with the rest of Italy, and about three-fourths of Germany, including one-half of what had formerly been Prussian territory. Eight years from the usurpation in 1799 brought him to his zenith: eight years later, he was at Saint Helena.

His German, Swiss, and Italian subjects gained political equality, and also the permanent advantage of the code which bears his name. It had really been made by his lawyers, on foundations laid by the Convention.

Throughout his dominions, Jew, Catholic, and Protestant became equals before the law. The fact that these reforms survived his authority proves that they could have been established without it. They were unavoidable results of the eighteenth century.

How little he was influenced by philanthropy is shown by his driving into exile a statesman named Stein, who had abolished serfdom in Prussia, and made it equally possible for the members of all cla.s.ses to buy land and choose occupations. The establishment of the Empire had been preceded by the revival of slavery in several colonies where it had been abolished by the Convention. It was for helping the Haytians preserve their independence by heroic resistance, that Toussaint was sent by Napoleon to die in prison. The conquered nations in Europe were handed over from one master to another, without being even invited to consent; but what was still more oppressive was inability to exchange their own products for cloth and hardware from England, grain from the United States, coffee and sugar from the West Indies, and many other articles whose lack was keenly felt. This trouble was largely due to the blockade kept up by British s.h.i.+ps; but Napoleon was so ignorant of the advantage of commerce to both parties engaged in it as to suppose he could conquer England by a plan which really injured only himself and his subjects. He forbade all importation from Great Britain and her colonies wherever he had power or even influence; and many of the prohibited goods were taken from merchants and destroyed without compensation. Germany suffered also from having her manufactures forbidden to compete with the French. The latter asked in vain for freer trade, and were told by Napoleon that he understood their business better than they did. Countless outrages on prominent individuals helped the growth of disaffection.

II. The British ministry retaliated against Napoleon's attack on the right to trade freely, with a success which led to a great outrage on individual liberty in the United States. The war with Europe gave much of the world's commerce to American s.h.i.+ps; but they were forbidden by Great Britain, in 1806, to trade with some of their best customers unless they stopped to pay tribute in her ports. The seizures for disobedience increased the anger which had been long felt against the British for impressing sailors on board of American s.h.i.+ps. Three thousand citizens of the United States had been forced into a hostile navy before the refusal of our frigate, _Chesapeake_, in 1807, to submit to a search brought on a b.l.o.o.d.y contest.

Napoleon was then at the height of his power; and Great Britain was fighting against him single-handed. It was an unusually good time for declaring a war which soon proved inevitable in defence of merchants'