IT MAY NOT BE UNNECESSARY to inform the reader that the following Reflections had their origin in a correspondence between the Author and a very young gentleman at Paris, who did him the honor of desiring his opinion upon the important transactions which then, and ever since, have so much occupied the attention of all men. An answer was written some time in the month of October 1789, but it was kept back upon prudential considerations. That letter is alluded to in the beginning of the following sheets. It has been since forwarded to the person to whom it was addressed. The reasons for the delay in sending it were assigned in a short letter to the same gentleman. This produced on his part a new and pressing application for the Author's sentiments.
The Author began a second and more full discussion on the subject. This he had some thoughts of publishing early in the last spring; but, the matter gaining upon him, he found that what he had undertaken not only far exceeded the measure of a letter, but that its importance required rather a more detailed consideration than at that time he had any leisure to bestow upon it. However, having thrown down his first thoughts in the form of a letter, and, indeed, when he sat down to write, having intended it for a private letter, he found it difficult to change the form of address when his sentiments had grown into a greater extent and had received another direction. A different plan, he is sensible, might be more favorable to a commodious division and distribution of his matter.
DEAR SIR,
You are pleased to call again, and with some earnestness, for my thoughts on the late proceedings in France. I will not give you reason to imagine that I think my sentiments of such value as to wish myself to be solicited about them. They are of too little consequence to be very anxiously either communicated or withheld. It was from attention to you, and to you only, that I hesitated at the time when you first desired to receive them. In the first letter I had the honor to write to you, and which at length I send, I wrote neither for, nor from, any description of men, nor shall I in this. My errors, if any, are my own. My reputation alone is to answer for them.
You see, Sir, by the long letter I have transmitted to you, that though I do most heartily wish that France may be animated by a spirit of rational liberty, and that I think you bound, in all honest policy, to provide a permanent body in which that spirit may reside, and an effectual organ by which it may act, it is my misfortune to entertain great doubts concerning several material points in your late transactions.
YOU IMAGINED, WHEN YOU WROTE LAST, that I might possibly be reckoned among the approvers of certain proceedings in France, from the solemn public seal of sanction they have received from two clubs of gentlemen in London, called the Constitutional Society and the Revolution Society.
I certainly have the honor to belong to more clubs than one, in which the constitution of this kingdom and the principles of the glorious Revolution are held in high reverence, and I reckon myself among the most forward in my zeal for maintaining that constitution and those principles in their utmost purity and vigor. It is because I do so, that I think it necessary for me that there should be no mistake. Those who cultivate the memory of our Revolution and those who are attached to the constitution of this kingdom will take good care how they are involved with persons who, under the pretext of zeal toward the Revolution and constitution, too frequently wander from their true principles and are ready on every occasion to depart from the firm but cautious and deliberate spirit which produced the one, and which presides in the other. Before I proceed to answer the more material particulars in your letter, I shall beg leave to give you such information as I have been able to obtain of the two clubs which have thought proper, as bodies, to interfere in the concerns of France, first assuring you that I am not, and that I have never been, a member of either of those societies.
The first, calling itself the Constitutional Society, or Society for Constitutional Information, or by some such title, is, I believe, of seven or eight years standing. The institution of this society appears to be of a charitable and so far of a laudable nature; it was intended for the circulation, at the expense of the members, of many books which few others would be at the expense of buying, and which might lie on the hands of the booksellers, to the great loss of an useful body of men. Whether the books, so charitably circulated, were ever as charitably read is more than I know. Possibly several of them have been exported to France and, like goods not in request here, may with you have found a market. I have heard much talk of the lights to be drawn from books that are sent from hence. What improvements they have had in their passage (as it is said some liquors are meliorated by crossing the sea) I cannot tell; but I never heard a man of common judgment or the least degree of information speak a word in praise of the greater part of the publications circulated by that society, nor have their proceedings been accounted, except by some of themselves, as of any serious consequence.
Your National Assembly seems to entertain much the same opinion that I do of this poor charitable club. As a nation, you reserved the whole stock of your eloquent acknowledgments for the Revolution Society, when their fellows in the Constitutional were, in equity, entitled to some share. Since you have selected the Revolution Society as the great object of your national thanks and praises, you will think me excusable in making its late conduct the subject of my observations. The National Assembly of France has given importance to these gentlemen by adopting them; and they return the favor by acting as a committee in England for extending the principles of the National Assembly. Henceforward we must consider them as a kind of privileged persons, as no inconsiderable members in the diplomatic body. This is one among the revolutions which have given splendor to obscurity, and distinction to undiscerned merit. Until very lately I do not recollect to have heard of this club. I am quite sure that it never occupied a moment of my thoughts, nor, I believe, those of any person out of their own set. I find, upon inquiry, that on the anniversary of the Revolution in 1688, a club of dissenters, but of what denomination I know not, have long had the custom of hearing a sermon in one of their churches; and that afterwards they spent the day cheerfully, as other clubs do, at the tavern. But I never heard that any public measure or political system, much less that the merits of the constitution of any foreign nation, had been the subject of a formal proceeding at their festivals, until, to my inexpressible surprise, I found them in a sort of public capacity, by a congratulatory address, giving an authoritative sanction to the proceedings of the National Assembly in France.
In the ancient principles and conduct of the club, so far at least as they were declared, I see nothing to which I could take exception. I think it very probable that for some purpose new members may have entered among them, and that some truly Christian politicians, who love to dispense benefits but are careful to conceal the hand which distributes the dole, may have made them the instruments of their pious designs. Whatever I may have reason to suspect concerning private management, I shall speak of nothing as of a certainty but what is public.
For one, I should be sorry to be thought, directly or indirectly, concerned in their proceedings. I certainly take my full share, along with the rest of the world, in my individual and private capacity, in speculating on what has been done or is doing on the public stage in any place ancient or modern; in the republic of Rome or the republic of Paris; but having no general apostolical mission, being a citizen of a particular state and being bound up, in a considerable degree, by its public will, I should think it at least improper and irregular for me to open a formal public correspondence with the actual government of a foreign nation, without the express authority of the government under which I live.
I should be still more unwilling to enter into that correspondence under anything like an equivocal description, which to many, unacquainted with our usages, might make the address, in which I joined, appear as the act of persons in some sort of corporate capacity acknowledged by the laws of this kingdom and authorized to speak the sense of some part of it. On account of the ambiguity and uncertainty of unauthorized general descriptions, and of the deceit which may be practiced under them, and not from mere formality, the House of Commons would reject the most sneaking petition for the most trifling object, under that mode of signature to which you have thrown open the folding doors of your presence chamber, and have ushered into your National Assembly with as much ceremony and parade, and with as great a bustle of applause, as if you have been visited by the whole representative majesty of the whole English nation. If what this society has thought proper to send forth had been a piece of argument, it would have signified little whose argument it was. It would be neither the more nor the less convincing on account of the party it came from. But this is only a vote and resolution. It stands solely on authority; and in this case it is the mere authority of individuals, few of whom appear. Their signatures ought, in my opinion, to have been annexed to their instrument. The world would then have the means of knowing how many they are; who they are; and of what value their opinions may be, from their personal abilities, from their knowledge, their experience, or their lead and authority in this state. To me, who am but a plain man, the proceeding looks a little too refined and too ingenious; it has too much the air of a political strategem adopted for the sake of giving, under a high-sounding name, an importance to the public declarations of this club which, when the matter came to be closely inspected, they did not altogether so well deserve. It is a policy that has very much the complexion of a fraud.
I flatter myself that I love a manly, moral, regulated liberty as well as any gentleman of that society, be he who he will; and perhaps I have given as good proofs of my attachment to that cause in the whole course of my public conduct. I think I envy liberty as little as they do to any other nation. But I cannot stand forward and give praise or blame to anything which relates to human actions, and human concerns, on a simple view of the object, as it stands stripped of every relation, in all the nakedness and solitude of metaphysical abstraction. Circumstances (which with some gentlemen pass for nothing) give in reality to every political principle its distinguishing color and discriminating effect. The circumstances are what render every civil and political scheme beneficial or noxious to mankind. Abstractedly speaking, government, as well as liberty, is good; yet could I, in common sense, ten years ago, have felicitated France on her enjoyment of a government (for she then had a government) without inquiry what the nature of that government was, or how it was administered? Can I now congratulate the same nation upon its freedom? Is it because liberty in the abstract may be classed amongst the blessings of mankind, that I am seriously to felicitate a madman, who has escaped from the protecting restraint and wholesome darkness of his cell, on his restoration to the enjoyment of light and liberty? Am I to congratulate a highwayman and murderer who has broke prison upon the recovery of his natural rights? This would be to act over again the scene of the criminals condemned to the galleys, and their heroic deliverer, the metaphysic Knight of the Sorrowful Countenance.
When I see the spirit of liberty in action, I see a strong principle at work; and this, for a while, is all I can possibly know of it. The wild gas, the fixed air, is plainly broke loose; but we ought to suspend our judgment until the first effervescence is a little subsided, till the liquor is cleared, and until we see something deeper than the agitation of a troubled and frothy surface. I must be tolerably sure, before I venture publicly to congratulate men upon a blessing, that they have really received one. Flattery corrupts both the receiver and the giver, and adulation is not of more service to the people than to kings. I should, therefore, suspend my congratulations on the new liberty of France until I was informed how it had been combined with government, with public force, with the discipline and obedience of armies, with the collection of an effective and well-distributed revenue, with morality and religion, with the solidity of property, with peace and order, with civil and social manners. All these (in their way) are good things, too, and without them liberty is not a benefit whilst it lasts, and is not likely to continue long. The effect of liberty to individuals is that they may do what they please; we ought to see what it will please them to do, before we risk congratulations which may be soon turned into complaints. Prudence would dictate this in the case of separate, insulated, private men, but liberty, when men act in bodies, is power. Considerate people, before they declare themselves, will observe the use which is made of power and particularly of so trying a thing as new power in new persons of whose principles, tempers, and dispositions they have little or no experience, and in situations where those who appear the most stirring in the scene may possibly not be the real movers.
ALL these considerations, however, were below the transcendental dignity of the Revolution Society. Whilst I continued in the country, from whence I had the honor of writing to you, I had but an imperfect idea of their transactions. On my coming to town, I sent for an account of their proceedings, which had been published by their authority, containing a sermon of Dr. Price, with the Duke de Rochefoucault's and the Archbishop of Aix's letter, and several other documents annexed. The whole of that publication, with the manifest design of connecting the affairs of France with those of England by drawing us into an imitation of the conduct of the National Assembly, gave me a considerable degree of uneasiness. The effect of that conduct upon the power, credit, prosperity, and tranquility of France became every day more evident. The form of constitution to be settled for its future polity became more clear. We are now in a condition to discern, with tolerable exactness, the true nature of the object held up to our imitation. If the prudence of reserve and decorum dictates silence in some circumstances, in others prudence of a higher order may justify us in speaking our thoughts. The beginnings of confusion with us in England are at present feeble enough, but, with you, we have seen an infancy still more feeble growing by moments into a strength to heap mountains upon mountains and to wage war with heaven itself. Whenever our neighbor's house is on fire, it cannot be amiss for the engines to play a little on our own. Better to be despised for too anxious apprehensions than ruined by too confident a security.
Solicitous chiefly for the peace of my own country, but by no means unconcerned for yours, I wish to communicate more largely what was at first intended only for your private satisfaction. I shall still keep your affairs in my eye and continue to address myself to you. Indulging myself in the freedom of epistolary intercourse, I beg leave to throw out my thoughts and express my feelings just as they arise in my mind, with very little attention to formal method. I set out with the proceedings of the Revolution Society, but I shall not confine myself to them. Is it possible I should? It appears 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. The most wonderful things are brought about, in many instances by means the most absurd and ridiculous, in the most ridiculous modes, and apparently by the most contemptible instruments. Everything seems out of nature in this strange chaos of levity and ferocity, and of all sorts of crimes jumbled together with all sorts of follies. In viewing this monstrous tragicomic scene, the most opposite passions necessarily succeed and sometimes mix with each other in the mind: alternate contempt and indignation, alternate laughter and tears, alternate scorn and horror.
It cannot, however, be denied that to some this strange scene appeared in quite another point of view. Into them it inspired no other sentiments than those of exultation and rapture. They saw nothing in what has been done in France but a firm and temperate exertion of freedom, so consistent, on the whole, with morals and with piety as to make it deserving not only of the secular applause of dashing Machiavellian politicians, but to render it a fit theme for all the devout effusions of sacred eloquence.
On the forenoon of the fourth of November last, Doctor Richard Price, a non-conforming minister of eminence, preached, at the dissenting meeting house of the Old Jewry, to his club or society, a very extraordinary miscellaneous sermon, in which there are some good moral and religious sentiments, and not ill expressed, mixed up in a sort of porridge of various political opinions and reflections; but the Revolution in France is the grand ingredient in the cauldron. I consider the address transmitted by the Revolution Society to the National Assembly, through Earl Stanhope, as originating in the principles of the sermon and as a corollary from them. It was moved by the preacher of that discourse. It was passed by those who came reeking from the effect of the sermon without any censure or qualification, expressed or implied. If, however, any of the gentlemen concerned shall wish to separate the sermon from the resolution, they know how to acknowledge the one and to disavow the other. They may do it: I cannot.
For my part, I looked on that sermon as the public declaration of a man much connected with literary caballers and intriguing philosophers, with political theologians and theological politicians both at home and abroad. I know they set him up as a sort of oracle, because, with the best intentions in the world, he naturally philippizes and chants his prophetic song in exact unison with their designs.
That sermon is in a strain which I believe has not been heard in this kingdom, in any of the pulpits which are tolerated or encouraged in it, since the year 1648, when a predecessor of Dr. Price, the Rev. Hugh Peters, made the vault of the king's own chapel at St. James's ring with the honor and privilege of the saints, who, with the "high praises of God in their mouths, and a two-edged sword in their hands, were to execute judgment on the heathen, and punishments upon the people; to bind their kings with chains, and their nobles with fetters of iron".* Few harangues from the pulpit, except in the days of your league in France or in the days of our Solemn League and Covenant in England, have ever breathed less of the spirit of moderation than this lecture in the Old Jewry. Supposing, however, that something like moderation were visible in this political sermon, yet politics and the pulpit are terms that have little agreement. No sound ought to be heard in the church but the healing voice of Christian charity. The cause of civil liberty and civil government gains as little as that of religion by this confusion of duties. Those who quit their proper character to assume what does not belong to them are, for the greater part, ignorant both of the character they leave and of the character they assume. Wholly unacquainted with the world in which they are so fond of meddling, and inexperienced in all its affairs on which they pronounce with so much confidence, they have nothing of politics but the passions they excite. Surely the church is a place where one day's truce ought to be allowed to the dissensions and animosities of mankind.
* Psalm CXLIX.
This pulpit style, revived after so long a discontinuance, had to me the air of novelty, and of a novelty not wholly without danger. I do not charge this danger equally to every part of the discourse. The hint given to a noble and reverend lay divine, who is supposed high in office in one of our universities,* and other lay divines "of rank and literature" may be proper and seasonable, though somewhat new. If the noble Seekers should find nothing to satisfy their pious fancies in the old staple of the national church, or in all the rich variety to be found in the well-assorted warehouses of the dissenting congregations, Dr. Price advises them to improve upon non-conformity and to set up, each of them, a separate meeting house upon his own particular principles.*(2) It is somewhat remarkable that this reverend divine should be so earnest for setting up new churches and so perfectly indifferent concerning the doctrine which may be taught in them. His zeal is of a curious character. It is not for the propagation of his own opinions, but of any opinions. It is not for the diffusion of truth, but for the spreading of contradiction. Let the noble teachers but dissent, it is no matter from whom or from what. This great point once secured, it is taken for granted their religion will be rational and manly. I doubt whether religion would reap all the benefits which the calculating divine computes from this "great company of great preachers". It would certainly be a valuable addition of nondescripts to the ample collection of known classes, genera and species, which at present beautify the hortus siccus of dissent. A sermon from a noble duke, or a noble marquis, or a noble earl, or baron bold would certainly increase and diversify the amusements of this town, which begins to grow satiated with the uniform round of its vapid dissipations. I should only stipulate that these new Mess-Johns in robes and coronets should keep some sort of bounds in the democratic and leveling principles which are expected from their titled pulpits. The new evangelists will, I dare say, disappoint the hopes that are conceived of them. They will not become, literally as well as figuratively, polemic divines, nor be disposed so to drill their congregations that they may, as in former blessed times, preach their doctrines to regiments of dragoons and corps of infantry and artillery. Such arrangements, however favorable to the cause of compulsory freedom, civil and religious, may not be equally conducive to the national tranquility. These few restrictions I hope are no great stretches of intolerance, no very violent exertions of despotism.
* Discourse on the Love of our Country, Nov. 4, 1789, by Dr. Richard Price, 3d ed., pp. 17, 18.
*(2) "Those who dislike that mode of worship which is prescribed by public authority, ought, if they can find no worship out of the church which they approve, to set up a separate worship for themselves; and by doing this, and giving an example of a rational and manly worship, men of weight from their rank and literature may do the greatest service to society and the world".- P 18, Dr. Price's Sermon.
BUT I MAY SAY of our preacher "utinam nugis tota illa dedisset tempora saevitiae".- All things in this his fulminating bull are not of so innoxious a tendency. His doctrines affect our constitution in its vital parts. He tells the Revolution Society in this political sermon that his Majesty "is almost the only lawful king in the world because the only one who owes his crown to the choice of his people." As to the kings of the world, all of whom (except one) this archpontiff of the rights of men, with all the plenitude and with more than the boldness of the papal deposing power in its meridian fervor of the twelfth century, puts into one sweeping clause of ban and anathema and proclaims usurpers by circles of longitude and latitude, over the whole globe, it behooves them to consider how they admit into their territories these apostolic missionaries who are to tell their subjects they are not lawful kings. That is their concern. It is ours, as a domestic interest of some moment, seriously to consider the solidity of the only principle upon which these gentlemen acknowledge a king of Great Britain to be entitled to their allegiance.
This doctrine, as applied to the prince now on the British throne, either is nonsense and therefore neither true nor false, or it affirms a most unfounded, dangerous, illegal, and unconstitutional position. According to this spiritual doctor of politics, if his Majesty does not owe his crown to the choice of his people, he is no lawful king. Now nothing can be more untrue than that the crown of this kingdom is so held by his Majesty. Therefore, if you follow their rule, the king of Great Britain, who most certainly does not owe his high office to any form of popular election, is in no respect better than the rest of the gang of usurpers who reign, or rather rob, all over the face of this our miserable world without any sort of right or title to the allegiance of their people. The policy of this general doctrine, so qualified, is evident enough. The propagators of this political gospel are in hopes that their abstract principle (their principle that a popular choice is necessary to the legal existence of the sovereign magistracy) would be overlooked, whilst the king of Great Britain was not affected by it. In the meantime the ears of their congregations would be gradually habituated to it, as if it were a first principle admitted without dispute. For the present it would only operate as a theory, pickled in the preserving juices of pulpit eloquence, and laid by for future use. Condo et compono quae mox depromere possim. By this policy, whilst our government is soothed with a reservation in its favor, to which it has no claim, the security which it has in common with all governments, so far as opinion is security, is taken away.
Thus these politicians proceed whilst little notice is taken of their doctrines; but when they come to be examined upon the plain meaning of their words and the direct tendency of their doctrines, then equivocations and slippery constructions come into play. When they say the king owes his crown to the choice of his people and is therefore the only lawful sovereign in the world, they will perhaps tell us they mean to say no more than that some of the king's predecessors have been called to the throne by some sort of choice, and therefore he owes his crown to the choice of his people. Thus, by a miserable subterfuge, they hope to render their proposition safe by rendering it nugatory. They are welcome to the asylum they seek for their offense, since they take refuge in their folly. For if you admit this interpretation, how does their idea of election differ from our idea of inheritance?
And how does the settlement of the crown in the Brunswick line derived from James the First come to legalize our monarchy rather than that of any of the neighboring countries? At some time or other, to be sure, all the beginners of dynasties were chosen by those who called them to govern. There is ground enough for the opinion that all the kingdoms of Europe were, at a remote period, elective, with more or fewer limitations in the objects of choice. But whatever kings might have been here or elsewhere a thousand years ago, or in whatever manner the ruling dynasties of England or France may have begun, the king of Great Britain is, at this day, king by a fixed rule of succession according to the laws of his country; and whilst the legal conditions of the compact of sovereignty are performed by him (as they are performed), he holds his crown in contempt of the choice of the Revolution Society, who have not a single vote for a king amongst them, either individually or collectively, though I make no doubt they would soon erect themselves into an electoral college if things were ripe to give effect to their claim. His Majesty's heirs and successors, each in his time and order, will come to the crown with the same contempt of their choice with which his Majesty has succeeded to that he wears.
Whatever may be the success of evasion in explaining away the gross error of fact, which supposes that his Majesty (though he holds it in concurrence with the wishes) owes his crown to the choice of his people, yet nothing can evade their full explicit declaration concerning the principle of a right in the people to choose; which right is directly maintained and tenaciously adhered to. All the oblique insinuations concerning election bottom in this proposition and are referable to it. Lest the foundation of the king's exclusive legal title should pass for a mere rant of adulatory freedom, the political divine proceeds dogmatically to assert* that, by the principles of the Revolution, the people of England have acquired three fundamental rights, all which, with him, compose one system and lie together in one short sentence, namely, that we have acquired a right:
(1) to choose our own governors.
(2) to cashier them for misconduct.
(3) to frame a government for ourselves.
This new and hitherto unheard-of bill of rights, though made in the name of the whole people, belongs to those gentlemen and their faction only. The body of the people of England have no share in it. They utterly disclaim it. They will resist the practical assertion of it with their lives and fortunes. They are bound to do so by the laws of their country made at the time of that very Revolution which is appealed to in favor of the fictitious rights claimed by the Society which abuses its name.
* Discourse on the Love of our Country, by Dr. Price, p. 34.
THESE GENTLEMEN OF THE OLD JEWRY, in all their reasonings on the Revolution of 1688, have a revolution which happened in England about forty years before and the late French revolution, so much before their eyes and in their hearts that they are constantly confounding all the three together. It is necessary that we should separate what they confound. We must recall their erring fancies to the acts of the Revolution which we revere, for the discovery of its true principles. If the principles of the Revolution of 1688 are anywhere to be found, it is in the statute called the Declaration of Right. In that most wise, sober, and considerate declaration, drawn up by great lawyers and great statesmen, and not by warm and inexperienced enthusiasts, not one word is said, nor one suggestion made, of a general right "to choose our own governors, to cashier them for misconduct, and to form a government for ourselves".
This Declaration of Right (the act of the 1st of William and Mary, sess. 2, ch. 2) is the cornerstone of our constitution as reinforced, explained, improved, and in its fundamental principles for ever settled. It is called, "An Act for declaring the rights and liberties of the subject, and for settling the succession of the crown". You will observe that these rights and this succession are declared in one body and bound indissolubly together.
A few years after this period, a second opportunity offered for asserting a right of election to the crown. On the prospect of a total failure of issue from King William, and from the Princess, afterwards Queen Anne, the consideration of the settlement of the crown and of a further security for the liberties of the people again came before the legislature. Did they this second time make any provision for legalizing the crown on the spurious revolution principles of the Old Jewry? No. They followed the principles which prevailed in the Declaration of Right, indicating with more precision the persons who were to inherit in the Protestant line. This act also incorporated, by the same policy, our liberties and an hereditary succession in the same act. Instead of a right to choose our own governors, they declared that the succession in that line (the Protestant line drawn from James the First), was absolutely necessary "for the peace, quiet, and security of the realm", and that it was equally urgent on them "to maintain a certainty in the succession thereof, to which the subjects may safely have recourse for their protection". Both these acts, in which are heard the unerring, unambiguous oracles of revolution policy, instead of countenancing the delusive, gipsy predictions of a "right to choose our governors", prove to a demonstration how totally adverse the wisdom of the nation was from turning a case of necessity into a rule of law.
Unquestionably, there was at the Revolution, in the person of King William, a small and a temporary deviation from the strict order of a regular hereditary succession; but it is against all genuine principles of jurisprudence to draw a principle from a law made in a special case and regarding an individual person. Privilegium non transit in exemplum. If ever there was a time favorable for establishing the principle that a king of popular choice was the only legal king, without all doubt it was at the Revolution. Its not being done at that time is a proof that the nation was of opinion it ought not to be done at any time. There is no person so completely ignorant of our history as not to know that the majority in parliament of both parties were so little disposed to anything resembling that principle that at first they were determined to place the vacant crown, not on the head of the Prince of Orange, but on that of his wife Mary, daughter of King James, the eldest born of the issue of that king, which they acknowledged as undoubtedly his. It would be to repeat a very trite story, to recall to your memory all those circumstances which demonstrated that their accepting King William was not properly a choice; but to all those who did not wish, in effect, to recall King James or to deluge their country in blood and again to bring their religion, laws, and liberties into the peril they had just escaped, it was an act of necessity, in the strictest moral sense in which necessity can be taken.
In the very act in which for a time, and in a single case, parliament departed from the strict order of inheritance in favor of a prince who, though not next, was, however, very near in the line of succession, it is curious to observe how Lord Somers, who drew the bill called the Declaration of Right, has comported himself on that delicate occasion. It is curious to observe with what address this temporary solution of continuity is kept from the eye, whilst all that could be found in this act of necessity to countenance the idea of an hereditary succession is brought forward, and fostered, and made the most of, by this great man and by the legislature who followed him. Quitting the dry, imperative style of an act of parliament, he makes the Lords and Commons fall to a pious, legislative ejaculation and declare that they consider it "as a marvellous providence and merciful goodness of God to this nation to preserve their said Majesties' royal persons most happily to reign over us on the throne of their ancestors, for which, from the bottom of their hearts, they return their humblest thanks and praises".- The legislature plainly had in view the act of recognition of the first of Queen Elizabeth, chap. 3rd, and of that of James the First, chap. 1st, both acts strongly declaratory of the inheritable nature of the crown; and in many parts they follow, with a nearly literal precision, the words and even the form of thanksgiving which is found in these old declaratory statutes.
The two Houses, in the act of King William, did not thank God that they had found a fair opportunity to assert a right to choose their own governors, much less to make an election the only lawful title to the crown. Their having been in a condition to avoid the very appearance of it, as much as possible, was by them considered as a providential escape. They threw a politic, well-wrought veil over every circumstance tending to weaken the rights which in the meliorated order of succession they meant to perpetuate, or which might furnish a precedent for any future departure from what they had then settled forever. Accordingly, that they might not relax the nerves of their monarchy, and that they might preserve a close conformity to the practice of their ancestors, as it appeared in the declaratory statutes of Queen Mary* and Queen Elizabeth, in the next clause they vest, by recognition, in their Majesties all the legal prerogatives of the crown, declaring "that in them they are most fully, rightfully, and entirely invested, incorporated, united, and annexed". In the clause which follows, for preventing questions by reason of any pretended titles to the crown, they declare (observing also in this the traditionary language, along with the traditionary policy of the nation, and repeating as from a rubric the language of the preceding acts of Elizabeth and James,) that on the preserving "a certainty in the succession thereof, the unity, peace, and tranquillity of this nation doth, under God, wholly depend".
* 1st Mary, sess. 3, ch. 1.
They knew that a doubtful title of succession would but too much resemble an election, and that an election would be utterly destructive of the "unity, peace, and tranquillity of this nation", which they thought to be considerations of some moment. To provide for these objects and, therefore, to exclude for ever the Old Jewry doctrine of "a right to choose our own governors", they follow with a clause containing a most solemn pledge, taken from the preceding act of Queen Elizabeth, as solemn a pledge as ever was or can be given in favor of an hereditary succession, and as solemn a renunciation as could be made of the principles by this Society imputed to them: The Lords spiritual and temporal, and Commons, do, in the name of all the people aforesaid, most humbly and faithfully submit themselves, their heirs and posterities for ever; and do faithfully promise that they will stand to maintain, and defend their said Majesties, and also the limitation of the crown, herein specified and contained, to the utmost of their powers, etc. etc.
So far is it from being true that we acquired a right by the Revolution to elect our kings that, if we had possessed it before, the English nation did at that time most solemnly renounce and abdicate it, for themselves and for all their posterity forever. These gentlemen may value themselves as much as they please on their whig principles, but I never desire to be thought a better whig than Lord Somers, or to understand the principles of the Revolution better than those, by whom it was brought about, or to read in the Declaration of Right any mysteries unknown to those whose penetrating style has engraved in our ordinances, and in our hearts, the words and spirit of that immortal law.
It is true that, aided with the powers derived from force and opportunity, the nation was at that time, in some sense, free to take what course it pleased for filling the throne, but only free to do so upon the same grounds on which they might have wholly abolished their monarchy and every other part of their constitution. However, they did not think such bold changes within their commission. It is indeed difficult, perhaps impossible, to give limits to the mere abstract competence of the supreme power, such as was exercised by parliament at that time, but the limits of a moral competence subjecting, even in powers more indisputably sovereign, occasional will to permanent reason and to the steady maxims of faith, justice, and fixed fundamental policy, are perfectly intelligible and perfectly binding upon those who exercise any authority, under any name or under any title, in the state. The House of Lords, for instance, is not morally competent to dissolve the House of Commons, no, nor even to dissolve itself, nor to abdicate, if it would, its portion in the legislature of the kingdom. Though a king may abdicate for his own person, he cannot abdicate for the monarchy. By as strong, or by a stronger reason, the House of Commons cannot renounce its share of authority. The engagement and pact of society, which generally goes by the name of the constitution, forbids such invasion and such surrender. The constituent parts of a state are obliged to hold their public faith with each other and with all those who derive any serious interest under their engagements, as much as the whole state is bound to keep its faith with separate communities. Otherwise competence and power would soon be confounded and no law be left but the will of a prevailing force. On this principle the succession of the crown has always been what it now is, an hereditary succession by law; in the old line it was a succession by the common law; in the new, by the statute law operating on the principles of the common law, not changing the substance, but regulating the mode and describing the persons. Both these descriptions of law are of the same force and are derived from an equal authority emanating from the common agreement and original compact of the state, communi sponsione reipublicae, and as such are equally binding on king and people, too, as long as the terms are observed and they continue the same body politic.
It is far from impossible to reconcile, if we do not suffer ourselves to be entangled in the mazes of metaphysic sophistry, the use both of a fixed rule and an occasional deviation: the sacredness of an hereditary principle of succession in our government with a power of change in its application in cases of extreme emergency. Even in that extremity (if we take the measure of our rights by our exercise of them at the Revolution), the change is to be confined to the peccant part only, to the part which produced the necessary deviation; and even then it is to be effected without a decomposition of the whole civil and political mass for the purpose of originating a new civil order out of the first elements of society.
A state without the means of some change is without the means of its conservation. Without such means it might even risk the loss of that part of the constitution which it wished the most religiously to preserve. The two principles of conservation and correction operated strongly at the two critical periods of the Restoration and Revolution, when England found itself without a king. At both those periods the nation had lost the bond of union in their ancient edifice; they did not, however, dissolve the whole fabric. On the contrary, in both cases they regenerated the deficient part of the old constitution through the parts which were not impaired. They kept these old parts exactly as they were, that the part recovered might be suited to them. They acted by the ancient organized states in the shape of their old organization, and not by the organic moleculae of a disbanded people. At no time, perhaps, did the sovereign legislature manifest a more tender regard to that fundamental principle of British constitutional policy than at the time of the Revolution, when it deviated from the direct line of hereditary succession. The crown was carried somewhat out of the line in which it had before moved, but the new line was derived from the same stock. It was still a line of hereditary descent, still an hereditary descent in the same blood, though an hereditary descent qualified with Protestantism. When the legislature altered the direction, but kept the principle, they showed that they held it inviolable.
On this principle, the law of inheritance had admitted some amendment in the old time, and long before the era of the Revolution. Some time after the Conquest, great questions arose upon the legal principles of hereditary descent. It became a matter of doubt whether the heir per capita or the heir per stirpes was to succeed; but whether the heir per capita gave way when the heirdom per stirpes took place, or the Catholic heir when the Protestant was preferred, the inheritable principle survived with a sort of immortality through all transmigrations- multosque per annos stat fortuna domus, et avi numerantur avorum. This is the spirit of our constitution, not only in its settled course, but in all its revolutions. Whoever came in, or however he came in, whether he obtained the crown by law or by force, the hereditary succession was either continued or adopted.
The gentlemen of the Society for Revolution see nothing in that of 1688 but the deviation from the constitution; and they take the deviation from the principle for the principle. They have little regard to the obvious consequences of their doctrine, though they must see that it leaves positive authority in very few of the positive institutions of this country. When such an unwarrantable maxim is once established, that no throne is lawful but the elective, no one act of the princes who preceded this era of fictitious election can be valid. Do these theorists mean to imitate some of their predecessors who dragged the bodies of our ancient sovereigns out of the quiet of their tombs? Do they mean to attaint and disable backward all the kings that have reigned before the Revolution, and consequently to stain the throne of England with the blot of a continual usurpation? Do they mean to invalidate, annul, or to call into question, together with the titles of the whole line of our kings, that great body of our statute law which passed under those whom they treat as usurpers, to annul laws of inestimable value to our liberties- of as great value at least as any which have passed at or since the period of the Revolution? If kings who did not owe their crown to the choice of their people had no title to make laws, what will become of the statute de tallagio non concedendo?- of the petition of right? - of the act of habeas corpus? Do these new doctors of the rights of men presume to assert that King James the Second, who came to the crown as next of blood, according to the rules of a then unqualified succession, was not to all intents and purposes a lawful king of England before he had done any of those acts which were justly construed into an abdication of his crown? If he was not, much trouble in parliament might have been saved at the period these gentlemen commemorate. But King James was a bad king with a good title, and not an usurper. The princes who succeeded, according to the act of parliament which settled the crown on the Electress Sophia and on her descendants, being Protestants, came in as much by a title of inheritance as King James did. He came in according to the law as it stood at his accession to the crown; and the princes of the House of Brunswick came to the inheritance of the crown, not by election, but by the law as it stood at their several accessions of Protestant descent and inheritance, as I hope I have shown sufficiently.
The law by which this royal family is specifically destined to the succession is the act of the 12th and 13th of King William. The terms of this act bind "us and our heirs, and our posterity, to them, their heirs, and their posterity", being Protestants, to the end of time, in the same words as the Declaration of Right had bound us to the heirs of King William and Queen Mary. It therefore secures both an hereditary crown and an hereditary allegiance. On what ground, except the constitutional policy of forming an establishment to secure that kind of succession which is to preclude a choice of the people forever, could the legislature have fastidiously rejected the fair and abundant choice which our country presented to them and searched in strange lands for a foreign princess from whose womb the line of our future rulers were to derive their title to govern millions of men through a series of ages?
The Princess Sophia was named in the act of settlement of the 12th and 13th of King William for a stock and root of inheritance to our kings, and not for her merits as a temporary administratrix of a power which she might not, and in fact did not, herself ever exercise. She was adopted for one reason, and for one only, because, says the act, "the most excellent Princess Sophia, Electress and Duchess Dowager of Hanover, is daughter of the most excellent Princess Elizabeth, late Queen of Bohemia, daughter of our late sovereign lord King James the First, of happy memory, and is hereby declared to be the next in succession in the Protestant line etc., etc., and the crown shall continue to the heirs of her body, being Protestants." This limitation was made by parliament, that through the Princess Sophia an inheritable line not only was to be continued in future, but (what they thought very material) that through her it was to be connected with the old stock of inheritance in King James the First, in order that the monarchy might preserve an unbroken unity through all ages and might be preserved (with safety to our religion) in the old approved mode by descent, in which, if our liberties had been once endangered, they had often, through all storms and struggles of prerogative and privilege, been preserved. They did well. No experience has taught us that in any other course or method than that of an hereditary crown our liberties can be regularly perpetuated and preserved sacred as our hereditary right. An irregular, convulsive movement may be necessary to throw off an irregular, convulsive disease. But the course of succession is the healthy habit of the British constitution. Was it that the legislature wanted, at the act for the limitation of the crown in the Hanoverian line, drawn through the female descendants of James the First, a due sense of the inconveniences of having two or three, or possibly more, foreigners in succession to the British throne? No!- they had a due sense of the evils which might happen from such foreign rule, and more than a due sense of them. But a more decisive proof cannot be given of the full conviction of the British nation that the principles of the Revolution did not authorize them to elect kings at their pleasure, and without any attention to the ancient fundamental principles of our government, than their continuing to adopt a plan of hereditary Protestant succession in the old line, with all the dangers and all the inconveniences of its being a foreign line full before their eyes and operating with the utmost force upon their minds.
A few years ago I should be ashamed to overload a matter so capable of supporting itself by the then unnecessary support of any argument; but this seditious, unconstitutional doctrine is now publicly taught, avowed, and printed. The dislike I feel to revolutions, the signals for which have so often been given from pulpits; the spirit of change that is gone abroad; the total contempt which prevails with you, and may come to prevail with us, of all ancient institutions when set in opposition to a present sense of convenience or to the bent of a present inclination: all these considerations make it not unadvisable, in my opinion, to call back our attention to the true principles of our own domestic laws; that you, my French friend, should begin to know, and that we should continue to cherish them. We ought not, on either side of the water, to suffer ourselves to be imposed upon by the counterfeit wares which some persons, by a double fraud, export to you in illicit bottoms as raw commodities of British growth, though wholly alien to our soil, in order afterwards to smuggle them back again into this country, manufactured after the newest Paris fashion of an improved liberty.
The people of England will not ape the fashions they have never tried, nor go back to those which they have found mischievous on trial. They look upon the legal hereditary succession of their crown as among their rights, not as among their wrongs; as a benefit, not as a grievance; as a security for their liberty, not as a badge of servitude. They look on the frame of their commonwealth, such as it stands, to be of inestimable value, and they conceive the undisturbed succession of the crown to be a pledge of the stability and perpetuity of all the other members of our constitution.
I shall beg leave, before I go any further, to take notice of some paltry artifices which the abettors of election, as the only lawful title to the crown, are ready to employ in order to render the support of the just principles of our constitution a task somewhat invidious. These sophisters substitute a fictitious cause and feigned personages, in whose favor they suppose you engaged whenever you defend the inheritable nature of the crown. It is common with them to dispute as if they were in a conflict with some of those exploded fanatics of slavery, who formerly maintained what I believe no creature now maintains, "that the crown is held by divine hereditary and indefeasible right".- These old fanatics of single arbitrary power dogmatized as if hereditary royalty was the only lawful government in the world, just as our new fanatics of popular arbitrary power maintain that a popular election is the sole lawful source of authority. The old prerogative enthusiasts, it is true, did speculate foolishly, and perhaps impiously too, as if monarchy had more of a divine sanction than any other mode of government; and as if a right to govern by inheritance were in strictness indefeasible in every person who should be found in the succession to a throne, and under every circumstance, which no civil or political right can be. But an absurd opinion concerning the king's hereditary right to the crown does not prejudice one that is rational and bottomed upon solid principles of law and policy. If all the absurd theories of lawyers and divines were to vitiate the objects in which they are conversant, we should have no law and no religion left in the world. But an absurd theory on one side of a question forms no justification for alleging a false fact or promulgating mischievous maxims on the other.
THE SECOND CLAIM of the Revolution Society is "a right of cashiering their governors for misconduct". Perhaps the apprehensions our ancestors entertained of forming such a precedent as that "of cashiering for misconduct" was the cause that the declaration of the act, which implied the abdication of King James, was, if it had any fault, rather too guarded and too circumstantial.* But all this guard and all this accumulation of circumstances serves to show the spirit of caution which predominated in the national councils in a situation in which men irritated by oppression, and elevated by a triumph over it, are apt to abandon themselves to violent and extreme courses; it shows the anxiety of the great men who influenced the conduct of affairs at that great event to make the Revolution a parent of settlement, and not a nursery of future revolutions.
* "That King James the Second, having endeavored to subvert the constitution of the kingdom by breaking the original contract between king and people, and, by the advice of Jesuits and other wicked persons, having violated the fundamental laws, and having withdrawn himself out of the kingdom, hath abdicated the Government, and the throne is thereby vacant".
No government could stand a moment if it could be blown down with anything so loose and indefinite as an opinion of "misconduct". They who led at the Revolution grounded the virtual abdication of King James upon no such light and uncertain principle. They charged him with nothing less than a design, confirmed by a multitude of illegal overt acts, to subvert the Protestant church and state, and their fundamental, unquestionable laws and liberties; they charged him with having broken the original contract between king and people. This was more than misconduct. A grave and overruling necessity obliged them to take the step they took, and took with infinite reluctance, as under that most rigorous of all laws. Their trust for the future preservation of the constitution was not in future revolutions. The grand policy of all their regulations was to render it almost impracticable for any future sovereign to compel the states of the kingdom to have again recourse to those violent remedies. They left the crown what, in the eye and estimation of law, it had ever been-perfectly irresponsible. In order to lighten the crown still further, they aggravated responsibility on ministers of state. By the statute of the 1st of King William, sess. 2nd, called "the act for declaring the rights and liberties of the subject, and for settling the succession of the crown", they enacted that the ministers should serve the crown on the terms of that declaration. They secured soon after the frequent meetings of parliament, by which the whole government would be under the constant inspection and active control of the popular representative and of the magnates of the kingdom. In the next great constitutional act, that of the 12th and 13th of King William, for the further limitation of the crown and better securing the rights and liberties of the subject, they provided "that no pardon under the great seal of England should be pleadable to an impeachment by the Commons in parliament". The rule laid down for government in the Declaration of Right, the constant inspection of parliament, the practical claim of impeachment, they thought infinitely a better security, not only for their constitutional liberty, but against the vices of administration, than the reservation of a right so difficult in the practice, so uncertain in the issue, and often so mischievous in the consequences, as that of "cashiering their governors".
Dr. Price, in this sermon,* condemns very properly the practice of gross, adulatory addresses to kings. Instead of this fulsome style, he proposes that his Majesty should be told, on occasions of congratulation, that "he is to consider himself as more properly the servant than the sovereign of his people". For a compliment, this new form of address does not seem to be very soothing. Those who are servants in name, as well as in effect, do not like to be told of their situation, their duty, and their obligations. The slave, in the old play, tells his master, "Haec commemoratio est quasi exprobatio". It is not pleasant as compliment; it is not wholesome as instruction. After all, if the king were to bring himself to echo this new kind of address, to adopt it in terms, and even to take the appellation of Servant of the People as his royal style, how either he or we should be much mended by it I cannot imagine. I have seen very assuming letters, signed "Your most obedient, humble servant". The proudest denomination that ever was endured on earth took a title of still greater humility than that which is now proposed for sovereigns by the Apostle of Liberty. Kings and nations were trampled upon by the foot of one calling himself "the Servant of Servants"; and mandates for deposing sovereigns were sealed with the signet of "the Fisherman".
* Pp. 22-24.
I should have considered all this as no more than a sort of flippant, vain discourse, in which, as in an unsavory fume, several persons suffer the spirit of liberty to evaporate, if it were not plainly in support of the idea and a part of the scheme of "cashiering kings for misconduct". In that light it is worth some observation.
Kings, in one sense, are undoubtedly the servants of the people because their power has no other rational end than that of the general advantage; but it is not true that they are, in the ordinary sense (by our constitution, at least), anything like servants; the essence of whose situation is to obey the commands of some other and to be removable at pleasure. But the king of Great Britain obeys no other person; all other persons are individually, and collectively too, under him and owe to him a legal obedience. The law, which knows neither to flatter nor to insult, calls this high magistrate not our servant, as this humble divine calls him, but "our sovereign Lord the king"; and we, on our parts, have learned to speak only the primitive language of the law, and not the confused jargon of their Babylonian pulpits.
As he is not to obey us, but as we are to obey the law in him, our constitution has made no sort of provision toward rendering him, as a servant, in any degree responsible. Our constitution knows nothing of a magistrate like the Justicia of Aragon, nor of any court legally appointed, nor of any process legally settled, for submitting the king to the responsibility belonging to all servants. In this he is not distinguished from the Commons and the Lords, who, in their several public capacities, can never be called to an account for their conduct, although the Revolution Society chooses to assert, in direct opposition to one of the wisest and most beautiful parts of our constitution, that "a king is no more than the first servant of the public, created by it, and responsible to it"
Ill would our ancestors at the Revolution have deserved their fame for wisdom if they had found no security for their freedom but in rendering their government feeble in its operations, and precarious in its tenure; if they had been able to contrive no better remedy against arbitrary power than civil confusion. Let these gentlemen state who that representative public is to whom they will affirm the king, as a servant, to be responsible. It will then be time enough for me to produce to them the positive statute law which affirms that he is not.
The ceremony of cashiering kings, of which these gentlemen talk so much at their ease, can rarely, if ever, be performed without force. It then becomes a case of war, and not of constitution. Laws are commanded to hold their tongues amongst arms, and tribunals fall to the ground with the peace they are no longer able to uphold. The Revolution of 1688 was obtained by a just war, in the only case in which any war, and much more a civil war, can be just. Justa bella quibus necessaria. The question of dethroning or, if these gentlemen like the phrase better, "cashiering kings" will always be, as it has always been, an extraordinary question of state, and wholly out of the law- a question (like all other questions of state) of dispositions and of means and of probable consequences rather than of positive rights. As it was not made for common abuses, so it is not to be agitated by common minds. The speculative line of demarcation where obedience ought to end and resistance must begin is faint, obscure, and not easily definable. It is not a single act, or a single event, which determines it. Governments must be abused and deranged, indeed, before it can be thought of; and the prospect of the future must be as bad as the experience of the past. When things are in that lamentable condition, the nature of the disease is to indicate the remedy to those whom nature has qualified to administer in extremities this critical, ambiguous, bitter potion to a distempered state. Times and occasions and provocations will teach their own lessons. The wise will determine from the gravity of the case; the irritable, from sensibility to opp ression; the high-minded, from disdain and indignation at abusive power in unworthy hands; the brave and bold, from the love of honorable danger in a generous cause; but, with or without right, a revolution will be the very last resource of the thinking and the good.
THE third head of right, asserted by the pulpit of the Old Jewry, namely, the "right to form a government for ourselves", has, at least, as little countenance from anything done at the Revolution, either in precedent or principle, as the two first of their claims. The Revolution was made to preserve our ancient, indisputable laws and liberties and that ancient constitution of government which is our only security for law and liberty. If you are desirous of knowing the spirit of our constitution and the policy which predominated in that great period which has secured it to this hour, pray look for both in our histories, in our records, in our acts of parliament, and journals of parliament, and not in the sermons of the Old Jewry and the after-dinner toasts of the Revolution Society. In the former you will find other ideas and another language. Such a claim is as ill-suited to our temper and wishes as it is unsupported by any appearance of authority. The very idea of the fabrication of a new government is enough to fill us with disgust and horror. We wished at the period of the Revolution, and do now wish, to derive all we possess as an inheritance from our forefathers. Upon that body and stock of inheritance we have taken care not to inoculate any cyon alien to the nature of the original plant. All the reformations we have hitherto made have proceeded upon the principle of reverence to antiquity; and I hope, nay, I am persuaded, that all those which possibly may be made hereafter will be carefully formed upon analogical precedent, authority, and example.
Our oldest reformation is that of Magna Charta. You will see that Sir Edward Coke, that great oracle of our law, and indeed all the great men who follow him, to Blackstone,* are industrious to prove the pedigree of our liberties. They endeavor to prove that the ancient charter, the Magna Charta of King John, was connected with another positive charter from Henry I, and that both the one and the other were nothing more than a reaffirmance of the still more ancient standing law of the kingdom. In the matter of fact, for the greater part these authors appear to be in the right; perhaps not always; but if the lawyers mistake in some particulars, it proves my position still the more strongly, because it demonstrates the powerful prepossession toward antiquity, with which the minds of all our lawyers and legislators, and of all the people whom they wish to influence, have been always filled, and the stationary policy of this kingdom in considering their most sacred rights and franchises as an inheritance.
* See Blackstone's Magna Charta, printed at Oxford, 1759.
In the famous law of the 3rd of Charles I, called the Petition of Right, the parliament says to the king, "Your subjects have inherited this freedom", claiming their franchises not on abstract principles "as the rights of men", but as the rights of Englishmen, and as a patrimony derived from their forefathers. Selden and the other profoundly learned men who drew this Petition of Right were as well acquainted, at least, with all the general theories concerning the "rights of men" as any of the discoursers in our pulpits or on your tribune; full as well as Dr. Price or as the Abbe Sieyes. But, for reasons worthy of that practical wisdom which superseded their theoretic science, they preferred this positive, recorded, hereditary title to all which can be dear to the man and the citizen, to that vague speculative right which exposed their sure inheritance to be scrambled for and torn to pieces by every wild, litigious spirit.
The same policy pervades all the laws which have since been made for the preservation of our liberties. In the 1st of William and Mary, in the famous statute called the Declaration of Right, the two Houses utter not a syllable of "a right to frame a government for themselves". You will see that their whole care was to secure the religion, laws, and liberties that had been long possessed, and had been lately endangered. "Taking* into their most serious consideration the best means for making such an establishment, that their religion, laws, and liberties might not be in danger of being again subverted", they auspicate all their proceedings by stating as some of those best means, "in the first place" to do "as their ancestors in like cases have usually done for vindicating their ancient rights and liberties, to declare"- and then they pray the king and queen "that it may be declared and enacted that all and singular the rights and liberties asserted and declared are the true ancient and indubitable rights and liberties of the people of this kingdom".
* W. and M.
You will observe that from Magna Charta to the Declaration of Right it has been the uniform policy of our constitution to claim and assert our liberties as an entailed inheritance derived to us from our forefathers, and to be transmitted to our posterity- as an estate specially belonging to the people of this kingdom, without any reference whatever to any other more general or prior right. By this means our constitution preserves a unity in so great a diversity of its parts. We have an inheritable crown, an inheritable peerage, and a House of Commons and a people inheriting privileges, franchises, and liberties from a long line of ancestors.
This policy appears to me to be the result of profound reflection, or rather the happy effect of following nature, which is wisdom without reflection, and above it. A spirit of innovation is generally the result of a selfish temper and confined views. People will not look forward to posterity, who never look backward to their ancestors. Besides, the people of England well know that the idea of inheritance furnishes a sure principle of conservation and a sure principle of transmission, without at all excluding a principle of improvement. It leaves acquisition free, but it secures what it acquires. Whatever advantages are obtained by a state proceeding on these maxims are locked fast as in a sort of family settlement, grasped as in a kind of mortmain forever. By a constitutional policy, working after the pattern of nature, we receive, we hold, we transmit our government and our privileges in the same manner in which we enjoy and transmit our property and our lives. The institutions of policy, the goods of fortune, the gifts of providence are handed down to us, and from us, in the same course and order. Our political system is placed in a just correspondence and symmetry with the order of the world and with the mode of existence decreed to a permanent body composed of transitory parts, wherein, by the disposition of a stupendous wisdom, molding together the great mysterious incorporation of the human race, the whole, at one time, is never old or middle-aged or young, but, in a condition of unchangeable constancy, moves on through the varied tenor of perpetual decay, fall, renovation, and progression. Thus, by preserving the method of nature in the conduct of the state, in what we improve we are never wholly new; in what we retain we are never wholly obsolete. By adhering in this manner and on those principles to our forefathers, we are guided not by the superstition of antiquarians, but by the spirit of philosophic analogy. In this choice of inheritance we have given to our frame of polity the image of a relation in blood, binding up the constitution of our country with our dearest domestic ties, adopting our fundamental laws into the bosom of our family affections, keeping inseparable and cherishing with the warmth of all their combined and mutually reflected charities our state, our hearths, our sepulchres, and our altars.
Through the same plan of a conformity to nature in our artificial institutions, and by calling in the aid of her unerring and powerful instincts to fortify the fallible and feeble contrivances of our reason, we have derived several other, and those no small, benefits from considering our liberties in the light of an inheritance. Always acting as if in the presence of canonized forefathers, the spirit of freedom, leading in itself to misrule and excess, is tempered with an awful gravity. This idea of a liberal descent inspires us with a sense of habitual native dignity which prevents that upstart insolence almost inevitably adhering to and disgracing those who are the first acquirers of any distinction. By this means our liberty becomes a noble freedom. It carries an imposing and majestic aspect. It has a pedigree and illustrating ancestors. It has its bearings and its ensigns armorial. It has its gallery of portraits, its monumental inscriptions, its records, evidences, and titles. We procure reverence to our civil institutions on the principle upon which nature teaches us to revere individual men: on account of their age and on account of those from whom they are descended. All your sophisters cannot produce anything better adapted to preserve a rational and manly freedom than the course that we have pursued, who have chosen our nature rather than our speculations, our breasts rather than our inventions, for the great conservatories and magazines of our rights and privileges.
YOU MIGHT, IF YOU PLEASED, have profited of our example and have given to your recovered freedom a correspondent dignity. Your privileges, though discontinued, were not lost to memory. Your constitution, it is true, whilst you were out of possession, suffered waste and dilapidation; but you possessed in some parts the walls and in all the foundations of a noble and venerable castle. You might have repaired those walls; you might have built on those old foundations. Your constitution was suspended before it was perfected, but you had the elements of a constitution very nearly as good as could be wished. In your old states you possessed that variety of parts corresponding with the various descriptions of which your community was happily composed; you had all that combination and all that opposition of interests; you had that action and counteraction which, in the natural and in the political world, from the reciprocal struggle of discordant powers, draws out the harmony of the universe. These opposed and conflicting interests which you considered as so great a blemish in your old and in our present constitution interpose a slosely inspected, they did not altogether so well deserve. It is a policy that has very much the complexion of a fraud.
I flatter myself that I love a manly, moral, regulated liberty as well as any gentleman of that society, be he who he will; and perhaps I have given as good proofs of my attachment to that cause in the whole course of my public conduct. I think I envy liberty as little as they do to any other nation. But I cannot stand forward and give praise or blame to anything which relates to human actions, and human concerns, on a simple view of the object, as it stands stripped of every relation, in all the nakedness and solitude of metaphysical abstraction. Circumstances (which with some gentlemen pass for nothing) give in reality to every political principle its distinguishing color and discriminating effect. The circumstances are what render every civil and political scheme beneficial or noxious to mankind. Abstractedly speaking, government, as well as liberty, is good; yet could I, in common sense, ten years ago, have felicitated France on her enjoyment of a government (for she then had a government) without inquiry what the nature of that government was, or how it was administered? Can I now congratulate the same nation upon its freedom? Is it because liberty in the abstract may be classed amongst the blessings of mankind, that I am seriously to felicitate a madman, who has escaped from the protecting restraint and wholesome darkness of his cell, on his restoration to the enjoyment of light and liberty? Am I to congratulate a highwayman and murderer who has broke prison upon the recovery of his natural rights? This would be to act over again the scene of the criminals condemned to the galleys, and their heroic deliverer, the metaphysic Knight of the Sorrowful Countenance.
When I see the spirit of liberty in action, I see a strong principle at work; and this, for a while, is all I can possibly know of it. The wild gas, the fixed air, is plainly broke loose; but we ought to suspend our judgment until the first effervescence is a little subsided, till the liquor is cleared, and until we see something deeper than the agitation of a troubled and frothy surface. I must be tolerably sure, before I venture publicly to congratulate men upon a blessing, that they have really received one. Flattery corrupts both the receiver and the giver, and adulation is not of more service to the people than to kings. I should, therefore, suspend my congratulations on the new liberty of France until I was informed how it had been combined with government, with public force, with the discipline and obedience of armies, with the collection of an effective and well-distributed revenue, with morality and religion, with the solidity of property, with peace and order, with civil and social manners. All these (in their way) are good things, too, and without them liberty is not a benefit whilst it lasts, and is not likely to continue long. The effect of liberty to individuals is that they may do what they please; we ought to see what it will please them to do, before we risk congratulations which may be soon turned into complaints. Prudence would dictate this in the case of separate, insulated, private men, but liberty, when men act in bodies, is power. Considerate people, before they declare themselves, will observe the use which is made of power and particularly of so trying a thing as new power in new persons of whose principles, tempers, and dispositions they have little or no experience, and in situations where those who appear the most stirring in the scene may possibly not be the real movers.
ALL these considerations, however, were below the transcendental dignity of the Revolution Society. Whilst I continued in the country, from whence I had the honor of writing to you, I had but an imperfect idea of their transactions. On my coming to town, I sent for an account of their proceedings, which had been published by their authority, containing a sermon of Dr. Price, with the Duke de Rochefoucault's and the Archbishop of Aix's letter, and several other documents annexed. The whole of that publication, with the manifest design of connecting the affairs of France with those of England by drawing us into an imitation of the conduct of the National Assembly, gave me a considerable degree of uneasiness. The effect of that conduct upon the power, credit, prosperity, and tranquility of France became every day more evident. The form of constitution to be settled for its future polity became more clear. We are now in a condition to discern, with tolerable exactness, the true nature of the object held up to our imitation. If the prudence of reserve and decorum dictates silence in some circumstances, in others prudence of a higher order may justify us in speaking our thoughts. The beginnings of confusion with us in England are at present feeble enough, but, with you, we have seen an infancy still more feeble growing by moments into a strength to heap mountains upon mountains and to wage war with heaven itself. Whenever our neighbor's house is on fire, it cannot be amiss for the engines to play a little on our own. Better to be despised for too anxious apprehensions than ruined by too confident a security.
Solicitous chiefly for the peace of my own country, but by no means unconcerned for yours, I wish to communicate more largely what was at first intended only for your private satisfaction. I shall still keep your affairs in my eye and continue to address myself to you. Indulging myself in the freedom of epistolary intercourse, I beg leave to throw out my thoughts and express my feelings just as they arise in my mind, with very little attention to formal method. I set out with the proceedings of the Revolution Society, but I shall not confine myself to them. Is it possible I should? It appears 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. The most wonderful things are brought about, in many instances by means the most absurd and ridiculous, in the most ridiculous modes, and apparently by the most contemptible instruments. Everything seems out of nature in this strange chaos of levity and ferocity, and of all sorts of crimes jumbled together with all sorts of follies. In viewing this monstrous tragicomic scene, the most opposite passions necessarily succeed and sometimes mix with each other in the mind: alternate contempt and indignation, alternate laughter and tears, alternate scorn and horror.
It cannot, however, be denied that to some this strange scene appeared in quite another point of view. Into them it inspired no other sentiments than those of exultation and rapture. They saw nothing in what has been done in France but a firm and temperate exertion of freedom, so consistent, on the whole, with morals and with piety as to make it deserving not only of the secular applause of dashing Machiavellian politicians, but to render it a fit theme for all the devout effusions of sacred eloquence.
On the forenoon of the fourth of November last, Doctor Richard Price, a non-conforming minister of eminence, preached, at the dissenting meeting house of the Old Jewry, to his club or society, a very extraordinary miscellaneous sermon, in which there are some good moral and religious sentiments, and not ill expressed, mixed up in a sort of porridge of various political opinions and reflections; but the Revolution in France is the grand ingredient in the cauldron. I consider the address transmitted by the Revolution Society to the National Assembly, through Earl Stanhope, as originating in the principles of the sermon and as a corollary from them. It was moved by the preacher of that discourse. It was passed by those who came reeking from the effect of the sermon without any censure or qualification, expressed or implied. If, however, any of the gentlemen concerned shall wish to separate the sermon from the resolution, they know how to acknowledge the one and to disavow the other. They may do it: I cannot.
For my part, I looked on that sermon as the public declaration of a man much connected with literary caballers and intriguing philosophers, with political theologians and theological politicians both at home and abroad. I know they set him up as a sort of oracle, because, with the best intentions in the world, he naturally philippizes and chants his prophetic song in exact unison with their designs.
That sermon is in a strain which I believe has not been heard in this kingdom, in any of the pulpits which are tolerated or encouraged in it, since the year 1648, when a predecessor of Dr. Price, the Rev. Hugh Peters, made the vault of the king's own chapel at St. James's ring with the honor and privilege of the saints, who, with the "high praises of God in their mouths, and a two-edged sword in their hands, were to execute judgment on the heathen, and punishments upon the people; to bind their kings with chains, and their nobles with fetters of iron".* Few harangues from the pulpit, except in the days of your league in France or in the days of our Solemn League and Covenant in England, have ever breathed less of the spirit of moderation than this lecture in the Old Jewry. Supposing, however, that something like moderation were visible in this political sermon, yet politics and the pulpit are terms that have little agreement. No sound ought to be heard in the church but the healing voice of Christian charity. The cause of civil liberty and civil government gains as little as that of religion by this confusion of duties. Those who quit their proper character to assume what does not belong to them are, for the greater part, ignorant both of the character they leave and of the character they assume. Wholly unacquainted with the world in which they are so fond of meddling, and inexperienced in all its affairs on which they pronounce with so much confidence, they have nothing of politics but the passions they excite. Surely the church is a place where one day's truce ought to be allowed to the dissensions and animosities of mankind.
* Psalm CXLIX.
This pulpit style, revived after so long a discontinuance, had to me the air of novelty, and of a novelty not wholly without danger. I do not charge this danger equally to every part of the discourse. The hint given to a noble and reverend lay divine, who is supposed high in office in one of our universities,* and other lay divines "of rank and literature" may be proper and seasonable, though somewhat new. If the noble Seekers should find nothing to satisfy their pious fancies in the old staple of the national church, or in all the rich variety to be found in the well-assorted warehouses of the dissenting congregations, Dr. Price advises them to improve upon non-conformity and to set up, each of them, a separate meeting house upon his own particular principles.*(2) It is somewhat remarkable that this reverend divine should be so earnest for setting up new churches and so perfectly indifferent concerning the doctrine which may be taught in them. His zeal is of a curious character. It is not for the propagation of his own opinions, but of any opinions. It is not for the diffusion of truth, but for the spreading of contradiction. Let the noble teachers but dissent, it is no matter from whom or from what. This great point once secured, it is taken for granted their religion will be rational and manly. I doubt whether religion would reap all the benefits which the calculating divine computes from this "great company of great preachers". It would certainly be a valuable addition of nondescripts to the ample collection of known classes, genera and species, which at present beautify the hortus siccus of dissent. A sermon from a noble duke, or a noble marquis, or a noble earl, or baron bold would certainly increase and diversify the amusements of this town, which begins to grow satiated with the uniform round of its vapid dissipations. I should only stipulate that these new Mess-Johns in robes and coronets should keep some sort of bounds in the democratic and leveling principles which are expected from their titled pulpits. The new evangelists will, I dare say, disappoint the hopes that are conceived of them. They will not become, literally as well as figuratively, polemic divines, nor be disposed so to drill their congregations that they may, as in former blessed times, preach their doctrines to regiments of dragoons and corps of infantry and artillery. Such arrangements, however favorable to the cause of compulsory freedom, civil and religious, may not be equally conducive to the national tranquility. These few restrictions I hope are no great stretches of intolerance, no very violent exertions of despotism.
* Discourse on the Love of our Country, Nov. 4, 1789, by Dr. Richard Price, 3d ed., pp. 17, 18.
*(2) "Those who dislike that mode of worship which is prescribed by public authority, ought, if they can find no worship out of the church which they approve, to set up a separate worship for themselves; and by doing this, and giving an example of a rational and manly worship, men of weight from their rank and literature may do the greatest service to society and the world".- P 18, Dr. Price's Sermon.
BUT I MAY SAY of our preacher "utinam nugis tota illa dedisset tempora saevitiae".- All things in this his fulminating bull are not of so innoxious a tendency. His doctrines affect our constitution in its vital parts. He tells the Revolution Society in this political sermon that his Majesty "is almost the only lawful king in the world because the only one who owes his crown to the choice of his people." As to the kings of the world, all of whom (except one) this archpontiff of the rights of men, with all the plenitude and with more than the boldness of the papal deposing power in its meridian fervor of the twelfth century, puts into one sweeping clause of ban and anathema and proclaims usurpers by circles of longitude and latitude, over the whole globe, it behooves them to consider how they admit into their territories these apostolic missionaries who are to tell their subjects they are not lawful kings. That is their concern. It is ours, as a domestic interest of some moment, seriously to consider the solidity of the only principle upon which these gentlemen acknowledge a king of Great Britain to be entitled to their allegiance.
This doctrine, as applied to the prince now on the British throne, either is nonsense and therefore neither true nor false, or it affirms a most unfounded, dangerous, illegal, and unconstitutional position. According to this spiritual doctor of politics, if his Majesty does not owe his crown to the choice of his people, he is no lawful king. Now nothing can be more untrue than that the crown of this kingdom is so held by his Majesty. Therefore, if you follow their rule, the king of Great Britain, who most certainly does not owe his high office to any form of popular election, is in no respect better than the rest of the gang of usurpers who reign, or rather rob, all over the face of this our miserable world without any sort of right or title to the allegiance of their people. The policy of this general doctrine, so qualified, is evident enough. The propagators of this political gospel are in hopes that their abstract principle (their principle that a popular choice is necessary to the legal existence of the sovereign magistracy) would be overlooked, whilst the king of Great Britain was not affected by it. In the meantime the ears of their congregations would be gradually habituated to it, as if it were a first principle admitted without dispute. For the present it would only operate as a theory, pickled in the preserving juices of pulpit eloquence, and laid by for future use. Condo et compono quae mox depromere possim. By this policy, whilst our government is soothed with a reservation in its favor, to which it has no claim, the security which it has in common with all governments, so far as opinion is security, is taken away.
Thus these politicians proceed whilst little notice is taken of their doctrines; but when they come to be examined upon the plain meaning of their words and the direct tendency of their doctrines, then equivocations and slippery constructions come into play. When they say the king owes his crown to the choice of his people and is therefore the only lawful sovereign in the world, they will perhaps tell us they mean to say no more than that some of the king's predecessors have been called to the throne by some sort of choice, and therefore he owes his crown to the choice of his people. Thus, by a miserable subterfuge, they hope to render their proposition safe by rendering it nugatory. They are welcome to the asylum they seek for their offense, since they take refuge in their folly. For if you admit this interpretation, how does their idea of election differ from our idea of inheritance?
And how does the settlement of the crown in the Brunswick line derived from James the First come to legalize our monarchy rather than that of any of the neighboring countries? At some time or other, to be sure, all the beginners of dynasties were chosen by those who called them to govern. There is ground enough for the opinion that all the kingdoms of Europe were, at a remote period, elective, with more or fewer limitations in the objects of choice. But whatever kings might have been here or elsewhere a thousand years ago, or in whatever manner the ruling dynasties of England or France may have begun, the king of Great Britain is, at this day, king by a fixed rule of succession according to the laws of his country; and whilst the legal conditions of the compact of sovereignty are performed by him (as they are performed), he holds his crown in contempt of the choice of the Revolution Society, who have not a single vote for a king amongst them, either individually or collectively, though I make no doubt they would soon erect themselves into an electoral college if things were ripe to give effect to their claim. His Majesty's heirs and successors, each in his time and order, will come to the crown with the same contempt of their choice with which his Majesty has succeeded to that he wears.
Whatever may be the success of evasion in explaining away the gross error of fact, which supposes that his Majesty (though he holds it in concurrence with the wishes) owes his crown to the choice of his people, yet nothing can evade their full explicit declaration concerning the principle of a right in the people to choose; which right is directly maintained and tenaciously adhered to. All the oblique insinuations concerning election bottom in this proposition and are referable to it. Lest the foundation of the king's exclusive legal title should pass for a mere rant of adulatory freedom, the political divine proceeds dogmatically to assert* that, by the principles of the Revolution, the people of England have acquired three fundamental rights, all which, with him, compose one system and lie together in one short sentence, namely, that we have acquired a right:
(1) to choose our own governors.
(2) to cashier them for misconduct.
(3) to frame a government for ourselves.
This new and hitherto unheard-of bill of rights, though made in the name of the whole people, belongs to those gentlemen and their faction only. The body of the people of England have no share in it. They utterly disclaim it. They will resist the practical assertion of it with their lives and fortunes. They are bound to do so by the laws of their country made at the time of that very Revolution which is appealed to in favor of the fictitious rights claimed by the Society which abuses its namright "to choose our own governors, to cashier them for misconduct, and to form a government for ourselves".
This Declaration of Right (the act of the 1st of William and Mary, sess. 2, ch. 2) is the cornerstone of our constitution as reinforced, explained, improved, and in its fundamental principles for ever settled. It is called, "An Act for declaring the rights and liberties of the subject, and for settling the succession of the crown". You will observe that these rights and this succession are declared in one body and bound indissolubly together.
A few years after this period, a second opportunity offered for asserting a right of election to the crown. On the prospect of a total failure of issue from King William, and from the Princess, afterwards Queen Anne, the consideration of the settlement of the crown and of a further security for the liberties of the people again came before the legislature. Did they this second time make any provision for legalizing the crown on the spurious revolution principles of the Old Jewry? No. They followed the principles which prevailed in the Declaration of Right, indicating with more precision the persons who were to inherit in the Protestant line. This act also incorporated, by the same policy, our liberties and an hereditary succession in the same act. Instead of a right to choose our own governors, they declared that the succession in that line (the Protestant line drawn from James the First), was absolutely necessary "for the peace, quiet, and security of the realm", and that it was equally urgent on them "to maintain a certainty in the succession thereof, to which the subjects may safely have recourse for their protection". Both these acts, in which are heard the unerring, unambiguous oracles of revolution policy, instead of countenancing the delusive, gipsy predictions of a "right to choose our governors", prove to a demonstration how totally adverse the wisdom of the nation was from turning a case of necessity into a rule of law.
Unquestionably, there was at the Revolution, in the person of King William, a small and a temporary deviation from the strict order of a regular hereditary succession; but it is against all genuine principles of jurisprudence to draw a principle from a law made in a special case and regarding an individual person. Privilegium non transit in exemplum. If ever there was a time favorable for establishing the principle that a king of popular choice was the only legal king, without all doubt it was at the Revolution. Its not being done at that time is a proof that the nation was of opinion it ought not to be done at any time. There is no person so completely ignorant of our history as not to know that the majority in parliament of both parties were so little disposed to anything resembling that principle that at first they were determined to place the vacant crown, not on the head of the Prince of Orange, but on that of his wife Mary, daughter of King James, the eldest born of the issue of that king, which they acknowledged as undoubtedly his. It would be to repeat a very trite story, to recall to your memory all those circumstances which demonstrated that their accepting King William was not properly a choice; but to all those who did not wish, in effect, to recall King James or to deluge their country in blood and again to bring their religion, laws, and liberties into the peril they had just escaped, it was an act of necessity, in the strictest moral sense in which necessity can be taken.
In the very act in which for a time, and in a single case, parliament departed from the strict order of inheritance in favor of a prince who, though not next, was, however, very near in the line of succession, it is curious to observe how Lord Somers, who drew the bill called the Declaration of Right, has comported himself on that delicate occasion. It is curious to observe with what address this temporary solution of continuity is kept from the eye, whilst all that could be found in this act of necessity to countenance the idea of an hereditary succession is brought forward, and fostered, and made the most of, by this great man and by the legislature who followed him. Quitting the dry, imperative style of an act of parliament, he makes the Lords and Commons fall to a pious, legislative ejaculation and declare that they consider it "as a marvellous providence and merciful goodness of God to this nation to preserve their said Majesties' royal persons most happily to reign over us on the throne of their ancestors, for which, from the bottom of their hearts, they return their humblest thanks and praises".- The legislature plainly had in view the act of recognition of the first of Queen Elizabeth, chap. 3rd, and of that of James the First, chap. 1st, both acts strongly declaratory of the inheritable nature of the crown; and in many parts they follow, with a nearly literal precision, the words and even the form of thanksgiving which is found in these old declaratory statutes.
The two Houses, in the act of King William, did not thank God that they had found a fair opportunity to assert a right to choose their own governors, much less to make an election the only lawful title to the crown. Their having been in a condition to avoid the very appearance of it, as much as possible, was by them considered as a providential escape. They threw a politic, well-wrought veil over every circumstance tending to weaken the rights which in the meliorated order of succession they meant to perpetuate, or which might furnish a precedent for any future departure from what they had then settled forever. Accordingly, that they might not relax the nerves of their monarchy, and that they might preserve a close conformity to the practice of their ancestors, as it appeared in the declaratory statutes of Queen Mary* and Queen Elizabeth, in the next clause they vest, by recognition, in their Majesties all the legal prerogatives of the crown, declaring "that in them they are most fully, rightfully, and entirely invested, incorporated, united, and annexed". In the clause which follows, for preventing questions by reason of any pretended titles to the crown, they declare (observing also in this the traditionary language, along with the traditionary policy of the nation, and repeating as from a rubric the language of the preceding acts of Elizabeth and James,) that on the preserving "a certainty in the succession thereof, the unity, peace, and tranquillity of this nation doth, under God, wholly depend".
* 1st Mary, sess. 3, ch. 1.
They knew that a doubtful title of succession would but too much resemble an election, and that an election would be utterly destructive of the "unity, peace, and tranquillity of this nation", which they thought to be considerations of some moment. To provide for these objects and, therefore, to exclude for ever the Old Jewry doctrine of "a right to choose our own governors", they follow with a clause containing a most solemn pledge, taken from the preceding act of Queen Elizabeth, as solemn a pledge as ever was or can be given in favor of an hereditary succession, and as solemn a renunciation as could be made of the principles by this Society imputed to them: The Lords spiritual and temporal, and Commons, do, in the name of all the people aforesaid, most humbly and faithfully submit themselves, their heirs and posterities for ever; and do faithfully promise that they will stand to maintain, and defend their said Majesties, and also the limitation of the crown, herein specified and contained, to the utmost of their powers, etc. etc.
So far is it from being true that we acquired a right by the Revolution to elect our kings that, if we had possessed it before, the English nation did at that time most solemnly renounce and abdicate it, for themselves and for all their posterity forever. These gentlemen may value themselves as much as they please on their whig principles, but I never desire to be thought a better whig than Lord Somers, or to understand the principles of the Revolution better than those, by whom it was brought about, or to read in the Declaration of Right any mysteries unknown to those whose penetrating style has engraved in our ordinances, and in our hearts, the words and spirit of that immortal law.
It is true that, aided with the powers derived from force and opportunity, the nation was at that time, in some sense, free to take what course it pleased for filling the throne, but only free to do so upon the same grounds on which they might have wholly abolished their monarchy and every other part of their constitution. However, they did not think such bold changes within their commission. It is indeed difficult, perhaps impossible, to give limits to the mere abstract competence of the supreme power, such as was exercised by parliament at that time, but the limits of a moral competence subjecting, even in powers more indisputably sovereign, occasional will to permanent reason and to the steady maxims of faith, justice, and fixed fundamental policy, are perfectly intelligible and perfectly binding upon those who exercise any authority, under any name or under any title, in the state. The House of Lords, for instance, is not morally competent to dissolve the House of Commons, no, nor even to dissolve itself, nor to abdicate, if it would, its portion in the legislature of the kingdom. Though a king may abdicate for his own person, he cannot abdicate for the monarchy. By as strong, or by a stronger reason, the House of Commons cannot renounce its share of authority. The engagement and pact of society, which generally goes by the name of the constitution, forbids such invasion and such surrender. The constituent parts of a state are obliged to hold their public faith with each other and with all those who derive any serious interest under their engagements, as much as the whole state is bound to keep its faith with separate communities. Otherwise competence and power would soon be confounded and no law be left but the will of a prevailing force. On this principle the succession of the crown has always been what it now is, an hereditary succession by law; in the old line it was a succession by the common law; in the new, by the statute law operating on the principles of the common law, not changing the substance, but regulating the mode and describing the persons. Both these descriptions of law are of the same force and are derived from an equal authority emanating from the common agreement and original compact of the state, communi sponsione reipublicae, and as such are equally binding on king and people, too, as long as the terms are observed and they continue the same body politic.
It is far from impossible to reconcile, if we do not suffer ourselves to be entangled in the mazes of metaphysic sophistry, the use both of a fixed rule and an occasional deviation: the sacredness of an hereditary principle of succession in our government with a power of change in its application in cases of extreme emergency. Even in that extremity (if we take the measure of our rights by our exercise of them at the Revolution), the change is to be confined to the peccant part only, to the part which produced the necessary deviation; and even then it is to be effected without a decomposition of the whole civil and political mass for the purpose of originating a new civil order out of the first elements of society.
A state without the means of some change is without the means of its conservation. Without such means it might even risk the loss of that part of the constitution which it wished the most religiously to preserve. The two principles of conservation and correction operated strongly at the two critical periods of the Restoration and Revolution, when England found itself without a king. At both those periods the nation had lost the bond of union in their ancient edifice; they did not, however, dissolve the whole fabric. On the contrary, in both cases they regenerated the deficient part of the old constitution through the parts which were not impaired. They kept these old parts exactly as they were, that the part recovered might be suited to them. They acted by the ancient organized states in the shape of their old organization, and not by the organic moleculae of a disbanded people. At no time, perhaps, did the sovereign legislature manifest a more tender regard to that fundamental principle of British constitutional policy than at the time of the Revolution, when it deviated from the direct line of hereditary succession. The crown was carried somewhat out of the line in which it had before moved, but the new line was derived from the same stock. It was still a line of hereditary descent, still an hereditary descent in the same blood, though an hereditary descent qualified with Protestantism. When the legislature altered the direction, but kept the principle, they showed that they held it inviolable.
On this principle, the law of inheritance had admitted some amendment in the old time, and long before the era of the Revolution. Some time after the Conquest, great questions arose upon the legal principles of hereditary descent. It became a matter of doubt whether the heir per capita or the heir per stirpes was to succeed; but whether the heir per capita gave way when the heirdom per stirpes took place, or the Catholic heir when the Protestant was preferred, the inheritable principle survived with a sort of immortality through all transmigrations- multosque per annos stat fortuna domus, et avi numerantur avorum. This is the spirit of our constitution, not only in its settled course, but in all its revolutions. Whoever came in, or however he came in, whether he obtained the crown by law or by force, the hereditary succession was either continued or adopted.
The gentlemen of the Society for Revolution see nothing in that of 1688 but the deviation from the constitution; and they take the deviation from the principle for the principle. They have little regard to the obvious consequences of their doctrine, though they must see that it leaves positive authority in very few of the positive institutions of this country. When such an unwarrantable maxim is once established, that no throne is lawful but the elective, no one act of the princes who preceded this era of fictitious election can be valid. Do these theorists mean to imitate some of their predecessors who dragged the bodies of our ancient sovereigns out of the quiet of their tombs? Do they mean to attaint and disable backward all the kings that have reigned before the Revolution, and consequently to stain the throne of England with the blot of a continual usurpation? Do they mean to invalidate, annul, or to call into question, together with the titles of the whole line of our kings, that great body of our statute law which passed under those whom they treat as usurpers, to annul laws of inestimable value to our liberties- of as great value at least as any which have passed at or since the period of the Revolution? If kings who did not owe their crown to the choice of their people had no title to make laws, what will become of the statute de tallagio non concedendo?- of the petition of right? - of the act of habeas corpus? Do these new doctors of the rights of men presume to assert that King James the Second, who came to the crown as next of blood, according to the rules of a then unqualified succession, was not to all intents and purposes a lawful king of England before he had done any of those acts which were justly construed into an abdication of his crown? If he was not, much trouble in parliament might have been saved at the period these gentlemen commemorate. But King James was a bad king with a good title, and not an usurper. The princes who succeeded, according to the act of parliament which settled the crown on the Electress Sophia and on her descendants, being Protestants, came in as much by a title of inheritance as King James did. He came in according to the law as it stood at his accession to the crown; and the princes of the House of Brunswick came to the inheritance of the crown, not by election, but by the law as it stood at their several accessions of Protestant descent and inheritance, as I hope I have shown sufficiently.
The law by which this royal family is specifically destined to the succession is the act of the 12th and 13th of King William. The terms of this act bind "us and our heirs, and our posterity, to them, their heirs, and their posterity", being Protestants, to the end of time, in the same words as the Declaration of Right had bound us to the heirs of King William and Queen Mary. It therefore secures both an hereditary crown and an hereditary allegiance. On what ground, except the constitutional policy of forming an establishment to secure that kind of succession which is to preclude a choice of the people forever, could the legislature have fastidiously rejected the fair and abundant choice which our country presented to them and searched in strange lands for a foreign princess from whose womb the line of our future rulers were to derive their title to govern millions of men through a series of ages?
The Princess Sophia was named in the act of settlement of the 12th and 13th of King William for a stock and root of inheritance to our kings, and not for her merits as a temporary administratrix of a power which she might not, and in fact did not, herself ever exercise. She was adopted for one reason, and for one only, because, says the act, "the most excellent Princess Sophia, Electress and Duchess Dowager of Hanover, is daughter of the most excellent Princess Elizabeth, late Queen of Bohemia, daughter of our late sovereign lord King James the First, of happy memory, and is hereby declared to be the next in succession in the Protestant line etc., etc., and the crown shall continue to the heirs of her body, being Protestants." This limitation was made by parliament, that through the Princess Sophia an inheritable line not only was to be continued in future, but (what they thought very material) that through her it was to be connected with the old stock of inheritance in King James the First, in order that the monarchy might preserve an unbroken unity through all ages and might be preserved (with safety to our religion) in the old approved mode by descent, in which, if our liberties had been once endangered, they had often, through all storms and struggles of prerogative and privilege, been preserved. They did well. No experience has taught us that in any other course or method than that of an hereditary crown our liberties can be regularly perpetuated and preserved sacred as our hereditary right. An irregular, convulsive movement may be necessary to throw off an irregular, convulsive disease. But the course of succession is the healthy habit of the British constitution. Was it that the legislature wanted, at the act for the limitation of the crown in the Hanoverian line, drawn through the female descendants of James the First, a due sense of the inconveniences of having two or three, or possibly more, foreigners in succession to the British throne? No!- they had a due sense of the evils which might happen from such foreign rule, and more than a due sense of them. But a more decisive proof cannot be given of the full conviction of the British nation that the principles of the Revolution did not authorize them to elect kings at their pleasure, and without any attention to the ancient fundamental principles of our government, than their continuing to adopt a plan of hereditary Protestant succession in the old line, with all the dangers and all the inconveniences of its being a foreign line full before their eyes and operating with the utmost force upon their minds.
A few years ago I should be ashamed to overload a matter so capable of supporting itself by the then unnecessary support of any argument; but this seditious, unconstitutional doctrine is now publicly taught, avowed, and printed. The dislike I feel to revolutions, the signals for which have so often been given from pulpits; the spirit of change that is gone abroad; the total contempt which prevails with you, and may come to prevail with us, of all ancient institutions when set in opposition to a present sense of convenience or to the bent of a present inclination: all these considerations make it not unadvisable, in my opinion, to call back our attention to the true principles of our own domestic laws; that you, my French friend, should begin to know, and that we should continue to cherish them. We ought not, on either side of the water, to suffer ourselves to be imposed upon by the counterfeit wares which some persons, by a double fraud, export to you in illicit bottoms as raw commodities of British growth, though wholly alien to our soil, in order afterwards to smuggle them back again into this country, manufactured after the newest Paris fashion of an improved liberty.
The people of England will not ape the fashions they have never tried, nor go back to those which they have found mischievous on trial. They look upon the legal hereditary succession of their crown as among their rights, not as among their wrongs; as a benefit, not as a grievance; as a security for their liberty, not as a badge of servitude. They look on the frame of their commonwealth, such as it stands, to be of inestimable value, and they conceive the undisturbed succession of the crown to be a pledge of the stability and perpetuity of all the other members of our constitution.
I shall beg leave, before I go any further, to take notice of some paltry artifices which the abettors of election, as the only lawful title to the crown, are ready to employ in order to render the support of the just principles of our constitution a task somewhat invidious. These sophisters substitute a fictitious cause and feigned personages, in whose favor they suppose you engaged whenever you defend the inheritable nature of the crown. It is common with them to dispute as if they were in a conflict with some of those exploded fanatics of slavery, who formerly maintained what I believe no creature now maintains, "that the crown is held by divine hereditary and indefeasible right".- These old fanatics of single arbitrary power dogmatized as if hereditary royalty was the only lawful government in the world, just as our new fanatics of popular arbitrary power maintain that a popular election is the sole lawful source of authority. The old prerogative enthusiasts, it is true, did speculate foolishly, and perhaps impiously too, as if monarchy had more of a divine sanction than any other mode of government; and as if a right to govern by inheritance were in strictness indefeasible in every person who should be found in the succession to a throne, and under every circumstance, which no civil or political right can be. But an absurd opinion concerning the king's hereditary right to the crown does not prejudice one that is rational and bottomed upon solid principles of law and policy. If all the absurd theories of lawyers and divines were to vitiate the objects in which they are conversant, we should have no law and no religion left in the world. But an absurd theory on one side of a question forms no justification for alleging a false fact or promulgating mischievous maxims on the other.
THE SECOND CLAIM of the Revolution Society is "a right of cashiering their governors for misconduct". Perhaps the apprehensions our ancestors entertained of forming such a precedent as that "of cashiering for misconduct" was the cause that the declaration of the act, which implied the abdication of King James, was, if it had any fault, rather too guarded and too circumstantial.* But all this guard and all this accumulation of circumstances serves to show the spirit of caution which predominated in the national councils in a situation in which men irritated by oppression, and elevated by a triumph over it, are apt to abandon themselves to violent and extreme courses; it shows the anxiety of the great men who influenced the conduct of affairs at that great event to make the Revolution a parent of settlement, and not a nursery of future revolutions.
* "That King James the Second, having endeavored to subvert the constitution of the kingdom by breaking the original contract between king and people, and, by the advice of Jesuits and other wicked persons, having violated the fundamental laws, and having withdrawn himself out of the kingdom, hath abdicated the Government, and the throne is thereby vacant".
No government could stand a moment if it could be blown down with anything so loose and indefinite as an opinion of "misconduct". They who led at the Revolution grounded the virtual abdication of King James upon no such light and uncertain principle. They charged him with nothing less than a design, confirmed by a multitude of illegal overt acts, to subvert the Protestant church and state, and their fundamental, unquestionable laws and liberties; they charged him with having broken the original contract between king and people. This was more than misconduct. A grave and overruling necessity obliged them to take the step they took, and took with infinite reluctance, as under that most rigorous of all laws. Their trust for the future preservation of the constitution was not in future revolutions. The grand policy of all their regulations was to render it almost impracticable for any future sovereign to compel the states of the kingdom to have again recourse to those violent remedies. They left the crown what, in the eye and estimation of law, it had ever been-perfectly irresponsible. In order to lighten the crown still further, they aggravated responsibility on ministers of state. By the statute of the 1st of King William, sess. 2nd, called "the act for declaring the rights and liberties of the subject, and for settling the succession of the crown", they enacted that the ministers should serve the crown on the terms of that declaration. They secured soon after the frequent meetings of parliament, by which the whole government would be under the constant inspection and active control of the popular representative and of the magnates of the kingdom. In the next great constitutional act, that of the 12th and 13th of King William, for the further limitation of the crown and better securing the rights and liberties of the subject, they provided "that no pardon under the great seal of England should be pleadable to an impeachment by the Commons in parliament". The rule laid down for government in the Declaration of Right, the constant inspection of parliament, the practical claim of impeachment, they thought infinitely a better security, not only for their constitutional liberty, but against the vices of administration, than the reservation of a right so difficult in the practice, so uncertain in the issue, and often so mischievous in the consequences, as that of "cashiering their governors".
Dr. Price, in this sermon,* condemns very properly the practice of gross, adulatory addresses to kings. Instead of this fulsome style, he proposes that his Majesty should be told, on occasions of congratulation, that "he is to consider himself as more properly the servant than the sovereign of his people". For a compliment, this new form of address does not seem to be very soothing. Those who are servants in name, as well as in effect, do not like to be told of their situation, their duty, and their obligations. The slave, in the old play, tells his master, "Haec commemoratio est quasi exprobatio". It is not pleasant as compliment; it is not wholesome as instruction. After all, if the king were to bring himself to echo this new kind of address, to adopt it in terms, and even to take the appellation of Servant of the People as his royal style, how either he or we should be much mended by it I cannot imagine. I have seen very assuming letters, signed "Your most obedient, humble servant". The proudest denomination that ever was endured on earth took a title of still greater humility than that which is now proposed for sovereigns by the Apostle of Liberty. Kings and nations were trampled upon by the foot of one calling himself "the Servant of Servants"; and mandates for deposing sovereigns were sealed with the signet of "the Fisherman".
* Pp. 22-24.
I should have considered all this as no more than a sort of flippant, vain discourse, in which, as in an unsavory fume, several persons suffer the spirit of liberty to evaporate, if it were not plainly in support of the idea and a part of the scheme of "cashiering kings for misconduct". In that light it is worth some observation.
Kings, in one sense, are undoubtedly the servants of the people because their power has no other rational end than that of the general advantage; but it is not true that they are, in the ordinary sense (by our constitution, at least), anything like servants; the essence of whose situation is to obey the commands of some other and to be removable at pleasure. But the king of Great Britain obeys no other person; all other persons are individually, and collectively too, under him and owe to him a legal obedience. The law, which knows neither to flatter nor to insult, calls this high magistrate not our servant, as this humble divine calls him, but "our sovereign Lord the king"; and we, on our parts, have learned to speak only the primitive language of the law, and not the confused jargon of their Babylonian pulpits.
As he is not to obey us, but as we are to obey the law in him, our constitution has made no sort of provision toward rendering him, as a servant, in any degree responsible. Our constitution knows nothing of a magistrate like the Justicia of Aragon, nor of any court legally appointed, nor of any process legally settled, for submitting the king to the responsibility belonging to all servants. In this he is not distinguished from the Commons and the Lords, who, in their several public capacities, can never be called to an account for their conduct, although the Revolution Society chooses to assert, in direct opposition to one of the wisest and most beautiful parts of our constitution, that "a king is no more than the first servant of the public, created by it, and responsible to it"
Ill would our ancestors at the Revolution have deserved their fame for wisdom if they had found no security for their freedom but in rendering their government feeble in its operations, and precarious in its tenure; if they had been able to contrive no better remedy against arbitrary power than civil confusion. Let these gentlemen state who that representative public is to whom they will affirm the king, as a servant, to be responsible. It will then be time enough for me to produce to them the positive statute law which affirms that he is not.
The ceremony of cashiering kings, of which these gentlemen talk so much at their ease, can rarely, if ever, be performed without force. It then becomes a case of war, and not of constitution. Laws are commanded to hold their tongues amongst arms, and tribunals fall to the ground with the peace they are no longer able to uphold. The Revolution of 1688 was obtained by a just war, in the only case in which any war, and much more a civil war, can be just. Justa bella quibus necessaria. The question of dethroning or, if these gentlemen like the phrase better, "cashiering kings" will always be, as it has always been, an extraordinary question of state, and wholly out of the law- a question (like all other questions of state) of dispositions and of means and of probable consequences rather than of positive rights. As it was not made for common abuses, so it is not to be agitated by common minds. The speculative line of demarcation where obedience ought to end and resistance must begin is faint, obscure, and not easily definable. It is not a single act, or a single event, which determines it. Governments must be abused and deranged, indeed, before it can be thought of; and the prospect of the future must be as bad as the experience of the past. When things are in that lamentable condition, the nature of the disease is to indicate the remedy to those whom nature has qualified to administer in extremities this critical, ambiguous, bitter potion to a distempered state. Times and occasions and provocations will teach their own lessons. The wise will determine from the gravity of the case; the irritable, from sensibility to oppts of their industry and to the means of making their industry fruitful. They have a right to the acquisitions of their parents, to the nourishment and improvement of their offspring, to instruction in life, and to consolation in death. Whatever each man can separately do, without trespassing upon others, he has a right to do for himself; and he has a right to a fair portion of all which society, with all its combinations of skill and force, can do in his favor. In this partnership all men have equal rights, but not to equal things. He that has but five shillings in the partnership has as good a right to it as he that has five hundred pounds has to his larger proportion. But he has not a right to an equal dividend in the product of the joint stock; and as to the share of power, authority, and direction which each individual ought to have in the management of the state, that I must deny to be amongst the direct original rights of man in civil society; for I have in my contemplation the civil social man, and no other. It is a thing to be settled by convention.
If civil society be the offspring of convention, that convention must be its law. That convention must limit and modify all the descriptions of constitution which are formed under it. Every sort of legislative, judicial, or executory power are its creatures. They can have no being in any other state of things; and how can any man claim under the conventions of civil society rights which do not so much as suppose its existence- rights which are absolutely repugnant to it? One of the first motives to civil society, and which becomes one of its fundamental rules, is that no man should be judge in his own cause. By this each person has at once divested himself of the first fundamental right of uncovenanted man, that is, to judge for himself and to assert his own cause. He abdicates all right to be his own governor. He inclusively, in a great measure, abandons the right of self-defense, the first law of nature. Men cannot enjoy the rights of an uncivil and of a civil state together. That he may obtain justice, he gives up his right of determining what it is in points the most essential to him. That he may secure some liberty, he makes a surrender in trust of the whole of it.
Government is not made in virtue of natural rights, which may and do exist in total independence of it, and exist in much greater clearness and in a much greater degree of abstract perfection; but their abstract perfection is their practical defect. By having a right to everything they want everything. Government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. Among these wants is to be reckoned the want, out of civil society, of a sufficient restraint upon their passions. Society requires not only that the passions of individuals should be subjected, but that even in the mass and body, as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection. This can only be done by a power out of themselves, and not, in the exercise of its function, subject to that will and to those passions which it is its office to bridle and subdue. In this sense the restraints on men, as well as their liberties, are to be reckoned among their rights. But as the liberties and the restrictions vary with times and circumstances and admit to infinite modifications, they cannot be settled upon any abstract rule; and nothing is so foolish as to discuss them upon that principle.
The moment you abate anything from the full rights of men, each to govern himself, and suffer any artificial, positive limitation upon those rights, from that moment the whole organization of government becomes a consideration of convenience. This it is which makes the constitution of a state and the due distribution of its powers a matter of the most delicate and complicated skill. It requires a deep knowledge of human nature and human necessities, and of the things which facilitate or obstruct the various ends which are to be pursued by the mechanism of civil institutions. The state is to have recruits to its strength, and remedies to its distempers. What is the use of discussing a man's abstract right to food or medicine? The question is upon the method of procuring and administering them. In that deliberation I shall always advise to call in the aid of the farmer and the physician rather than the professor of metaphysics.
The science of constructing a commonwealth, or renovating it, or reforming it, is, like every other experimental science, not to be taught a priori. Nor is it a short experience that can instruct us in that practical science, because the real effects of moral causes are not always immediate; but that which in the first instance is prejudicial may be excellent in its remoter operation, and its excellence may arise even from the ill effects it produces in the beginning. The reverse also happens: and very plausible schemes, with very pleasing commencements, have often shameful and lamentable conclusions. In states there are often some obscure and almost latent causes, things which appear at first view of little moment, on which a very great part of its prosperity or adversity may most essentially depend. The science of government being therefore so practical in itself and intended for such practical purposes- a matter which requires experience, and even more experience than any person can gain in his whole life, however sagacious and observing he may be - it is with infinite caution that any man ought to venture upon pulling down an edifice which has answered in any tolerable degree for ages the common purposes of society, or on building it up again without having models and patterns of approved utility before his eyes.
These metaphysic rights entering into common life, like rays of light which pierce into a dense medium, are by the laws of nature refracted from their straight line. Indeed, in the gross and complicated mass of human passions and concerns the primitive rights of men undergo such a variety of refractions and reflections that it becomes absurd to talk of them as if they continued in the simplicity of their original direction. The nature of man is intricate; the objects of society are of the greatest possible complexity; and, therefore, no simple disposition or direction of power can be suitable either to man's nature or to the quality of his affairs. When I hear the simplicity of contrivance aimed at and boasted of in any new political constitutions, I am at no loss to decide that the artificers are grossly ignorant of their trade or totally negligent of their duty. The simple governments are fundamentally defective, to say no worse of them. If you were to contemplate society in but one point of view, all these simple modes of polity are infinitely captivating. In effect each would answer its single end much more perfectly than the more complex is able to attain all its complex purposes. But it is better that the whole should be imperfectly and anomalously answered than that, while some parts are provided for with great exactness, others might be totally neglected or perhaps materially injured by the over-care of a favorite member.
The pretended rights of these theorists are all extremes; and in proportion as they are metaphysically true, they are morally and politically false. The rights of men are in a sort of middle, incapable of definition, but not impossible to be discerned. The rights of men in governments are their advantages; and these are often in balances between differences of good, 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.
By these theorists the right of the people is almost always sophistically confounded with their power. The body of the community, whenever it can come to act, can meet with no effectual resistance; but till power and right are the same, the whole body of them has no right inconsistent with virtue, and the first of all virtues, prudence. Men have no right to what is not reasonable and to what is not for their benefit; for though a pleasant writer said, liceat perire poetis, when one of them, in cold blood, is said to have leaped into the flames of a volcanic revolution, ardentem frigidus Aetnam insiluit, I consider such a frolic rather as an unjustifiable poetic license than as one of the franchises of Parnassus; and whether he was a poet, or divine, or politician that chose to exercise this kind of right, I think that more wise, because more charitable, thoughts would urge me rather to save the man than to preserve his brazen slippers as the monuments of his folly.
The kind of anniversary sermons to which a great part of what I write refers, if men are not shamed out of their present course in commemorating the fact, will cheat many out of the principles, and deprive them of the benefits, of the revolution they commemorate. I confess to you, Sir, I never liked this continual talk of resistance and revolution, or the practice of making the extreme medicine of the constitution its daily bread. It renders the habit of society dangerously valetudinary; it is taking periodical doses of mercury sublimate and swallowing down repeated provocatives of cantharides to our love of liberty.
This distemper of remedy, grown habitual, relaxes and wears out, by a vulgar and prostituted use, the spring of that spirit which is to be exerted on great occasions. It was in the most patient period of Roman servitude that themes of tyrannicide made the ordinary exercise of boys at school- cum perimit saevos classis numerosa tyrannos. In the ordinary state of things, it produces in a country like ours the worst effects, even on the cause of that liberty which it abuses with the dissoluteness of an extravagant speculation. Almost all the high-bred republicans of my time have, after a short space, become the most decided, thorough-paced courtiers; they soon left the business of a tedious, moderate, but practical resistance to those of us whom, in the pride and intoxication of their theories, they have slighted as not much better than Tories. Hypocrisy, of course, delights in the most sublime speculations, for, never intending to go beyond speculation, it costs nothing to have it magnificent. But even in cases where rather levity than fraud was to be suspected in these ranting speculations, the issue has been much the same. These professors, finding their extreme principles not applicable to cases which call only for a qualified or, as I may say, civil and legal resistance, in such cases employ no resistance at all. It is with them a war or a revolution, or it is nothing. Finding their schemes of politics not adapted to the state of the world in which they live, they often come to think lightly of all public principle, and are ready, on their part, to abandon for a very trivial interest what they find of very trivial value. Some, indeed, are of more steady and persevering natures, but these are eager politicians out of parliament who have little to tempt them to abandon their favorite projects. They have some change in the church or state, or both, constantly in their view. When that is the case, they are always bad citizens and perfectly unsure connections. For, considering their speculative designs as of infinite value, and the actual arrangement of the state as of no estimation, they are at best indifferent about it. They see no merit in the good, and no fault in the vicious, management of public affairs; they rather rejoice in the latter, as more propitious to revolution. They see no merit or demerit in any man, or any action, or any political principle any further than as they may forward or retard their design of change; they therefore take up, one day, the most violent and stretched prerogative, and another time the wildest democratic ideas of freedom, and pass from one to the other without any sort of regard to cause, to person, or to party.
IN FRANCE, you are now in the crisis of a revolution and in the transit from one form of government to another- you cannot see that character of men exactly in the same situation in which we see it in this country. With us it is militant; with you it is triumphant; and you know how it can act when its power is commensurate to its will. I would not be supposed to confine those observations to any description of men or to comprehend all men of any description within them- No! far from it. I am as incapable of that injustice as I am of keeping terms with those who profess principles of extremities and who, under the name of religion, teach little else than wild and dangerous politics. The worst of these politics of revolution is this: they temper and harden the breast in order to prepare it for the desperate strokes which are sometimes used in extreme occasions. But as these occasions may never arrive, the mind receives a gratuitous taint; and the moral sentiments suffer not a little when no political purpose is served by the depravation. This sort of people are so taken up with their theories about the rights of man that they have totally forgotten his nature. Without opening one new avenue to the understanding, they have succeeded in stopping up those that lead to the heart. They have perverted in themselves, and in those that attend to them, all the well-placed sympathies of the human breast.
This famous sermon of the Old Jewry breathes nothing but this spirit through all the political part. Plots, massacres, assassinations seem to some people a trivial price for obtaining a revolution. Cheap, bloodless reformation, a guiltless liberty appear flat and vapid to their taste. There must be a great change of scene; there must be a magnificent stage effect; there must be a grand spectacle to rouse the imagination grown torpid with the lazy enjoyment of sixty years' security and the still unanimating repose of public prosperity. The preacher found them all in the French Revolution. This inspires a juvenile warmth through his whole frame. His enthusiasm kindles as he advances; and when he arrives at his peroration it is in a full blaze. Then viewing, from the Pisgah of his pulpit, the free, moral, happy, flourishing and glorious state of France as in a bird's-eye landscape of a promised land, he breaks out into the following rapture: What an eventful period is this! I am thankful that I have lived to it; I could almost say, Lord, now lettest thou thy servant depart in peace, for mine eyes have seen thy salvation.- I have lived to see a diffusion of knowledge, which has undermined superstition and error.- I have lived to see the rights of men better understood than ever; and nations panting for liberty which seemed to have lost the idea of it.- I have lived to see thirty millions of people, indignant and resolute, spurning at slavery, and demanding liberty with an irresistible voice. Their king led in triumph and an arbitrary monarch surrendering himself to his subjects.*
* Another of these reverend gentlemen, who was witness to some of the spectacles which Paris has lately exhibited, expresses himself thus:- "A king dragged in submissive triumph by his conquering subjects, is one of those appearances of grandeur which seldom rise in the prospect of human affairs, and which, during the remainder of my life, I shall think of with wonder and gratification". These gentlemen agree marvelously in their feelings.
Before I proceed further, I have to remark that Dr. Price seems rather to overvalue the great acquisitions of light which he has obtained and diffused in this age. The last century appears to me to have been quite as much enlightened. It had, though in a different place, a triumph as memorable as that of Dr. Price; and some of the great preachers of that period partook of it as eagerly as he has done in the triumph of France. On the trial of the Rev. Hugh Peters for high treason, it was deposed that, when King Charles was brought to London for his trial, the Apostle of Liberty in that day conducted the triumph. "I saw", says the witness, "his Majesty in the coach with six horses, and Peters riding before the king, triumphing". Dr. Price, when he talks as if he had made a discovery, only follows a precedent, for after the commencement of the king's trial this precursor, the same Dr. Peters, concluding a long prayer at the Royal Chapel at Whitehall (he had very triumphantly chosen his place), said, "I have prayed and preached these twenty years; and now I may say with old Simeon, Lord, now lettest thou thy servant depart in peace, for mine eyes have seen thy salvation".* Peters had not the fruits of his prayer, for he neither departed so soon as he wished, nor in peace. He became (what I heartily hope none of his followers may be in this country) himself a sacrifice to the triumph which he led as pontiff.
* State Trials, vol. ii, pp. 360, 363.
They dealt at the Restoration, perhaps, too hardly with this poor good man. But we owe it to his memory and his sufferings that he had as much illumination and as much zeal, and had as effectually undermined all the superstition and error which might impede the great business he was engaged in, as any who follow and repeat after him in this age, which would assume to itself an exclusive title to the knowledge of the rights of men and all the glorious consequences of that knowledge.
After this sally of the preacher of the Old Jewry, which differs only in place and time, but agrees perfectly with the spirit and letter of the rapture of 1648, the Revolution Society, the fabricators of governments, the heroic band of cashierers of monarchs, electors of sovereigns, and leaders of kings in triumph, strutting with a proud consciousness of the diffusion of knowledge of which every member had obtained so large a share in the donative, were in haste to make a generous diffusion of the knowledge they had thus gratuitously received. To make this bountiful communication, they adjourned from the church in the Old Jewry to the London Tavern, where the same Dr. Price, in whom the fumes of his oracular tripod were not entirely evaporated, moved and carried the resolution or address of congratulation transmitted by Lord Stanhope to the National Assembly of France.
I find a preacher of the gospel profaning the beautiful and prophetic ejaculation, commonly called "nunc dimittis", made on the first presentation of our Saviour in the Temple, and applying it with an inhuman and unnatural rapture to the most horrid, atrocious, and afflicting spectacle that perhaps ever was exhibited to the pity and indignation of mankind. This "leading in triumph", a thing in its best form unmanly and irreligious, which fills our preacher with such unhallowed transports, must shock, I believe, the moral taste of every well-born mind. Several English were the stupefied and indignant spectators of that triumph. It was (unless we have been strangely deceived) a spectacle more resembling a procession of American savages, entering into Onondaga after some of their murders called victories and leading into hovels hung round with scalps their captives, overpowered with the scoffs and buffets of women as ferocious as themselves, much more than it resembled the triumphal pomp of a civilized martial nation - if a civilized nation, or any men who had a sense of generosity, were capable of a personal triumph over the fallen and afflicted.
THIS, MY DEAR SIR, was not the triumph of France. I must believe that, as a nation, it overwhelmed you with shame and horror. I must believe that the National Assembly find themselves in a state of the greatest humiliation in not being able to punish the authors of this triumph or the actors in it, and that they are in a situation in which any inquiry they may make upon the subject must be destitute even of the appearance of liberty or impartiality. The apology of that assembly is found in their situation; but when we approve what they must bear, it is in us the degenerate choice of a vitiated mind.
With a compelled appearance of deliberation, they vote under the dominion of a stern necessity. They sit in the heart, as it were, of a foreign republic: they have their residence in a city whose constitution has emanated neither from the charter of their king nor from their legislative power. There they are surrounded by an army not raised either by the authority of their crown or by their command, and which, if they should order to dissolve itself, would instantly dissolve them. There they sit, after a gang of assassins had driven away some hundreds of the members, whilst those who held the same moderate principles, with more patience or better hope, continued every day exposed to outrageous insults and murderous threats. There a majority, sometimes real, sometimes pretended, captive itself, compels a captive king to issue as royal edicts, at third hand, the polluted nonsense of their most licentious and giddy coffeehouses. It is notorious that all their measures are decided before they are debated. It is beyond doubt that, under the terror of the bayonet and the lamp-post and the torch to their houses, they are obliged to adopt all the crude and desperate measures suggested by clubs composed of a monstrous medley of all conditions, tongues, and nations. Among these are found persons, in comparison of whom Catiline would be thought scrupulous and Cethegus a man of sobriety and moderation. Nor is it in these clubs alone that the public measures are deformed into monsters. They undergo a previous distortion in academies, intended as so many seminaries for these clubs, which are set up in all the places of public resort. In these meetings of all sorts every counsel, in proportion as it is daring and violent and perfidious, is taken for the mark of superior genius. Humanity and compassion are ridiculed as the fruits of superstition and ignorance. Tenderness to individuals is considered as treason to the public. Liberty is always to be estimated perfect, as property is rendered insecure. Amidst assassination, massacre, and confiscation, perpetrated or meditated, they are forming plans for the good order of future society. Embracing in their arms the carcasses of base criminals and promoting their relations on the title of their offences, they drive hundreds of virtuous persons to the same end, by forcing them to subsist by beggary or by crime.
The Assembly, their organ, acts before them the farce of deliberation with as little decency as liberty. They act like the comedians of a fair before a riotous audience; they act amidst the tumultuous cries of a mixed mob of ferocious men, and of women lost to shame, who, according to their insolent fancies, direct, control, applaud, explode them, and sometimes mix and take their seats amongst them, domineering over them with a strange mixture of servile petulance and proud, presumptuous authority. As they have inverted order in all things, the gallery is in the place of the house. This assembly, which overthrows kings and kingdoms, has not even the physiognomy and aspect of a grave legislative body- nec color imperii, nec frons ulla senatus. They have a power given to them, like that of the evil principle, to subvert and destroy, but none to construct, except such machines as may be fitted for further subversion and further destruction.
WHO is it that admires, and from the heart is attached to, national representative assemblies, but must turn with horror and disgust from such a profane burlesque, and abominable perversion of that sacred institute? Lovers of monarchy, lovers of republics must alike abhor it. The members of your assembly must themselves groan under the tyranny of which they have all the shame, none of the direction, and little of the profit. I am sure many of the members who compose even the majority of that body must feel as I do, notwithstanding the applauses of the Revolution Society. Miserable king! miserable assembly! How must that assembly be silently scandalized with those of their members who could call a day which seemed to blot the sun out of heaven "un beau jour!"* How must they be inwardly indignant at hearing others who thought fit to declare to them "that the vessel of the state would fly forward in her course toward regeneration with more speed than ever", from the stiff gale of treason and murder which preceded our preacher's triumph! What must they have felt whilst, with outward patience and inward indignation, they heard, of the slaughter of innocent gentlemen in their houses, that "the blood spilled was not the most pure!" What must they have felt, when they were besieged by complaints of disorders which shook their country to its foundations, at being compelled coolly to tell the complainants that they were under the protection of the law, and that they would address the king (the captive king) to cause the laws to be enforced for their protection; when the enslaved ministers of that captive king had formally notified to them that there were neither law nor authority nor power left to protect? What must they have felt at being obliged, as a felicitation on the present new year, to request their captive king to forget the stormy period of the last, on account of the great good which he was likely to produce to his people; to the complete attainment of which good they adjourned the practical demonstrations of their loyalty, assuring him of their obedience when he should no longer possess any authority to command?
* 6th of October, 1789.
This address was made with much good nature and affection, to be sure. But among the revolutions in France must be reckoned a considerable revolution in their ideas of politeness. In England we are said to learn manners at second-hand from your side of the water, and that we dress our behavior in the frippery of France. If so, we are still in the old cut and have not so far conformed to the new Parisian mode of good breeding as to think it quite in the most refined strain of delicate compliment (whether in condolence or congratulation) to say, to the most humiliated creature that crawls upon the earth, that great public benefits are derived from the murder of his servants, the attempted assassination of himself and of his wife, and the mortification, disgrace, and degradation that he has personally suffered. It is a topic of consolation which our ordinary of Newgate would be too humane to use to a criminal at the foot of the gallows. I should have thought that the hangman of Paris, now that he is liberalized by the vote of the National Assembly and is allowed his rank and arms in the herald's college of the rights of men, would be too generous, too gallant a man, too full of the sense of his new dignity to employ that cutting consolation to any of the persons whom the lese nation might bring under the administration of his executive power.
A man is fallen indeed when he is thus flattered. The anodyne draught of oblivion, thus drugged, is well calculated to preserve a galling wakefulness and to feed the living ulcer of a corroding memory. Thus to administer the opiate potion of amnesty, powdered with all the ingredients of scorn and contempt, is to hold to his lips, instead of "the balm of hurt minds", the cup of human misery full to the brim and to force him to drink it to the dregs.
Yielding to reasons at least as forcible as those which were so delicately urged in the compliment on the new year, the king of France will probably endeavor to forget these events and that compliment. But history, who keeps a durable record of all our acts and exercises her awful censure over the proceedings of all sorts of sovereigns, will not forget either those events or the era of this liberal refinement in the intercourse of mankind. History will record that on the morning of the 6th of 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. From this sleep the queen was first startled by the sentinel at her door, who cried out to her to save herself by flight- that this was the last proof of fidelity he could give- that they were upon him, and he was dead. Instantly he was cut down. A band of cruel ruffians and assassins, reeking with his blood, rushed into the chamber of the queen and pierced with a hundred strokes of bayonets and poniards the bed, from whence this persecuted woman had but just time to fly almost naked, and, through ways unknown to the murderers, had escaped to seek refuge at the feet of a king and husband not secure of his own life for a moment.
This king, to say no more of him, and this queen, and their infant children (who once would have been the pride and hope of a great and generous people) were then forced to abandon the sanctuary of the most splendid palace in the world, which they left swimming in blood, polluted by massacre and strewed with scattered limbs and mutilated carcasses. Thence they were conducted into the capital of their kingdom.
Two had been selected from the unprovoked, unresisted, promiscuous slaughter, which was made of the gentlemen of birth and family who composed the king's body guard. These two gentlemen, with all the parade of an execution of justice, were cruelly and publicly dragged to the block and beheaded in the great court of the palace. Their heads were stuck upon spears and led the procession, whilst the royal captives who followed in the train were slowly moved along, amidst the horrid yells, and shrilling screams, and frantic dances, and infamous contumelies, and all the unutterable abominations of the furies of hell in the abused shape of the vilest of women. After they had been made to taste, drop by drop, more than the bitterness of death in the slow torture of a journey of twelve miles, protracted to six hours, they were, under a guard composed of those very soldiers who had thus conducted them through this famous triumph, lodged in one of the old palaces of Paris, now converted into a bastille for kings.
Is this a triumph to be consecrated at altars? to be commemorated with grateful thanksgiving? to be offered to the divine humanity with fervent prayer and enthusiastic ejaculation?- These Theban and Thracian orgies, acted in France and applauded only in the Old Jewry, I assure you, kindle prophetic enthusiasm in the minds but of very few people in this kingdom, although a saint and apostle, who may have revelations of his own and who has so completely vanquished all the mean superstitions of the heart, may incline to think it pious and decorous to compare it with the entrance into the world of the Prince of Peace, proclaimed in a holy temple by a venerable sage, and not long before not worse announced by the voice of angels to the quiet innocence of shepherds.
At first I was at a loss to account for this fit of unguarded transport. I knew, indeed, that the sufferings of monarchs make a delicious repast to some sort of palates. There were reflections which might serve to keep this appetite within some bounds of temperance. But when I took one circumstance into my consideration, I was obliged to confess that much allowance ought to be made for the Society, and that the temptation was too strong for common discretion - I mean, the circumstance of the Io Paean of the triumph, the animating cry which called "for all the BISHOPS to be hanged on the lampposts",* might well have brought forth a burst of enthusiasm on the foreseen consequences of this happy day. I allow to so much enthusiasm some little deviation from prudence. I allow this prophet to break forth into hymns of joy and thanksgiving on an event which appears like the precursor of the Millennium and the projected fifth monarchy in the destruction of all church establishments.
* "Tous les Eveques a la lanterne".
There was, however, (as in all human affairs there is) in the midst of this joy something to exercise the patience of these worthy gentlemen and to try the long-suffering of their faith. The actual murder of the king and queen, and their child, was wanting to the other auspicious circumstances of this "beautiful day". The actual murder of the bishops, though called for by so many holy ejaculations, was also wanting. A group of regicide and sacrilegious slaughter was indeed boldly sketched, but it was only sketched. It unhappily was left unfinished in this great history-piece of the massacre of innocents. What hardy pencil of a great master from the school of the rights of man will finish it is to be seen hereafter. The age has not yet the complete benefit of that diffusion of knowledge that has undermined superstition and error; and the king of France wants another object or two to consign to oblivion, in consideration of all the good which is to arise from his own sufferings and the patriotic crimes of an enlightened age.*
* It is proper here to refer to a letter written upon this subject by an eye witness. That eye witness was one of the most honest, intelligent, and eloquent members of the National Assembly, one of the most active and zealous reformers of the state. He was obliged to secede from the Assembly; and he afterwards became a voluntary exile, on account of the horrors of this pious triumph and the dispositions of men who, profiting of crimes, if not causing them, have taken the lead in public affairs.
Extract of M. de Lally Tollendal's Second Letter to a Friend.
"Parlons du parti que j'ai pris; il est bien justifie dans ma conscience.- Ni cette ville coupable, ni cette assemblee plus coupable encore, ne meritoient que je me justifie; mais j'ai a coeur que vous, et les personnes qui pensent comme vous, ne me condamnent pas.- Ma sante, je vous jure, me rendoit mes fonctions impossibles; mais meme en les mettant de cote il a ete au-dessus de mes forces de supporter plus long-tems l'horreur que me causoit ce sang,- ces tetes - cette reine presque egorgee,- ce roi,- amene esclave,- entrant a Paris, au milieu de ses assassins, et precede des tetes de ses malheureux gardes.- Ces perfides jannissaires, ces assassins, ces femmes cannibales, ce cri de, TOUS LES EVEQUES A LA LANTERNE, dans le moment ou le roi entre sa capitale avec deux eveques de son conseil dans sa voiture. Un coup de fusil, que j'ai vu tirer dans un des carosses de la reine. M. Bailly appellant cela un beau jour. L'assemblee ayant declare froidement le matin, qu'il n'etoit pas de sa dignite d'aller toute entiere environner le roi. M. Mirabeau disant impunement dans cette assemblee, que le vaisseau de l'etat, loin d'etre arrete dans sa course, s'elanceroit avec plus de rapidite que jamais vers sa regeneration. M. Barnave, riant avec lui, quand des flots de sang couloient autour de nous. Le vertueux Mounier(*) echappant par miracle a vingt assassins, qui avoient voulu faire de sa tete un trophee de plus.
"Voila ce qui me fit jurer de ne plus mettre le pied dans cette caverne d'Antropophages ou je n'avois plus de force d'elever la voix, ou depuis six semaines je l'avois elevŽe en vain. Moi, Mounier, et tous les honnetes gens, ont le dernier effort a faire pour le bien etoit (sic) d'en sortir. Aucune idŽe de crainte ne s'est approchŽe de moi. Je rougirois de m'en defendre. J'avois encore recu sur la route de la part de ce peuple, moins coupable que ceux qui l'ont enivre de fureur, des acclamations, et des applaudissements, dont d'autres auroient ete flattes, et qui m'ont fait fremir. C'est a l'indignation, c'est a l'horreur, c'est aux convulsions physiques, que se seul aspect du sang me fait eprouver que j'ai cede. On brave une seule mort; on la brave plusieurs fois, quand elle peut etre utile. Mais aucune puissance sous le Ciel, mais aucune opinion publique ou privee n'ont le droit de me condamner a souffrir inutilement mille supplices par minute, et a perir de desespoir, de rage, au milieu des triomphes, du crime que je n'ai pu arreter. Ils me proscriront, ils confisqueront mes biens. Je labourerai la terre, et je ne les verrai plus.- Voila ma justification. Vous pouvez la lire, la montrer, la laisser copier; tant pis pour ceux qui ne la comprendront pas; ce ne sera alors moi qui auroit eu tort de la leur donner".
This military man had not so good nerves as the peaceable gentleman of the Old Jewry.- See Mons. Mounier's narrative of these transactions; a man also of honour and virtue, and talents, and therefore a fugitive.
(*) N.B. Mr. Mounier was then speaker of the National Assembly. He has since been obliged to live in exile, though one of the firmest assertors of liberty.
Although this work of our new light and knowledge did not go to the length that in all probability it was intended it should be carried, yet I must think that such treatment of any human creatures must be shocking to any but those who are made for accomplishing revolutions. But I cannot stop here. Influenced by the inborn feelings of my nature, and not being illuminated by a single ray of this new-sprung modern light, I confess to you, Sir, that the exalted rank of the persons suffering, and particularly the sex, the beauty, and the amiable qualities of the descendant of so many kings and emperors, with the tender age of royal infants, insensible only through infancy and innocence of the cruel outrages to which their parents were exposed, instead of being a subject of exultation, adds not a little to any sensibility on that most melancholy occasion.
I hear that the august person who was the principal object of our preacher's triumph, though he supported himself, felt much on that shameful occasion. As a man, it became him to feel for his wife and his children, and the faithful guards of his person that were massacred in cold blood about him; as a prince, it became him to feel for the strange and frightful transformation of his civilized subjects, and to be more grieved for them than solicitous for himself. It derogates little from his fortitude, while it adds infinitely to the honor of his humanity. I am very sorry to say it, very sorry indeed, that such personages are in a situation in which it is not unbecoming in us to praise the virtues of the great.
I hear, and I rejoice to hear, that the great lady, the other object of the triumph, has borne that day (one is interested that beings made for suffering should suffer well), and that she bears all the succeeding days, that she bears the imprisonment of her husband, and her own captivity, and the exile of her friends, and the insulting adulation of addresses, and the whole weight of her accumulated wrongs, with a serene patience, in a manner suited to her rank and race, and becoming the offspring of a sovereign distinguished for her piety and her courage; that, like her, she has lofty sentiments; that she feels with the dignity of a Roman matron; that in the last extremity she will save herself from the last disgrace; and that, if she must fall, she will fall by no ignoble hand.
It is now sixteen or seventeen years since I saw the queen of France, then the dauphiness, at Versailles, and surely never lighted on this orb, which she hardly seemed to touch, a more delightful vision. I saw her just above the horizon, decorating and cheering the elevated sphere she just began to move in- glittering like the morning star, full of life and splendor and joy. Oh! what a revolution! and what a heart must I have to contemplate without emotion that elevation and that fall! Little did I dream when she added titles of veneration to those of enthusiastic, distant, respectful love, that she should ever be obliged to carry the sharp antidote against disgrace concealed in that bosom; little did I dream that I should have lived to see such disasters fallen upon her in a nation of gallant men, in a nation of men of honor and of cavaliers. I thought ten thousand swords must have leaped from their scabbards to avenge even a look that threatened her with insult. But the age of chivalry is gone. That of sophisters, economists; and calculators has succeeded; and the glory of Europe is extinguished forever. Never, never more shall we behold that generous loyalty to rank and sex, that proud submission, that dignified obedience, that subordination of the heart which kept alive, even in servitude itself, the spirit of an exalted freedom. The unbought grace of life, the cheap defense of nations, the nurse of manly sentiment and heroic enterprise, is gone! It is gone, that sensibility of principle, that chastity of honor which felt a stain like a wound, which inspired courage whilst it mitigated ferocity, which ennobled whatever it touched, and under which vice itself lost half its evil by losing all its grossness.
THIS mixed system of opinion and sentiment had its origin in the ancient chivalry; and the principle, though varied in its appearance by the varying state of human affairs, subsisted and influenced through a long succession of generations even to the time we live in. If it should ever be totally extinguished, the loss I fear will be great. It is this which has given its character to modern Europe. It is this which has distinguished it under all its forms of government, and distinguished it to its advantage, from the states of Asia and possibly from those states which flourished in the most brilliant periods of the antique world. It was this which, without confounding ranks, had produced a noble equality and handed it down through all the gradations of social life. It was this opinion which mitigated kings into companions and raised private men to be fellows with kings. Without force or opposition, it subdued the fierceness of pride and power, it obliged sovereigns to submit to the soft collar of social esteem, compelled stern authority to submit to elegance, and gave a domination, vanquisher of laws, to be subdued by manners.
But now all is to be changed. All the pleasing illusions which made power gentle and obedience liberal, which harmonized the different shades of life, and which, by a bland assimilation, incorporated into politics the sentiments which beautify and soften private society, are to be dissolved by this new conquering empire of light and reason. All the decent drapery of life is to be rudely torn off. All the super-added ideas, furnished from the wardrobe of a moral imagination, which the heart owns and the understanding ratifies as necessary to cover the defects of our naked, shivering nature, and to raise it to dignity in our own estimation, are to be exploded as a ridiculous, absurd, and antiquated fashion.
On this scheme of things, a king is but a man, a queen is but a woman; a woman is but an animal, and an animal not of the highest order. All homage paid to the sex in general as such, and without distinct views, is to be regarded as romance and folly. Regicide, and parricide, and sacrilege are but fictions of superstition, corrupting jurisprudence by destroying its simplicity. The murder of a king, or a queen, or a bishop, or a father are only common homicide; and if the people are by any chance or in any way gainers by it, a sort of homicide much the most pardonable, and into which we ought not to make too severe a scrutiny.
On the scheme of this barbarous philosophy, which is the offspring of cold hearts and muddy understandings, and which is as void of solid wisdom as it is destitute of all taste and elegance, laws are to be supported only by their own terrors and by the concern which each individual may find in them from his own private speculations or can spare to them from his own private interests. In the groves of their academy, at the end of every vista, you see nothing but the gallows. Nothing is left which engages the affections on the part of the commonwealth. On the principles of this mechanic philosophy, our institutions can never be embodied, if I may use the expression, in persons, so as to create in us love, veneration, admiration, or attachment. But that sort of reason which banishes the affections is incapable of filling their place. These public affections, combined with manners, are required sometimes as supplements, sometimes as correctives, always as aids to law. The precept given by a wise man, as well as a great critic, for the construction of poems is equally true as to states:- Non satis est pulchra esse poemata, dulcia sunto. There ought to be a system of manners in every nation which a well-informed mind would be disposed to relish. To make us love our country, our country ought to be lovely.
But power, of some kind or other, will survive the shock in which manners and opinions perish; and it will find other and worse means for its support. The usurpation which, in order to subvert ancient institutions, has destroyed ancient principles will hold power by arts similar to those by which it has acquired it. When the old feudal and chivalrous spirit of fealty, which, by freeing kings from fear, freed both kings and subjects from the precautions of tyranny, shall be extinct in the minds of men, plots and assassinations will be anticipated by preventive murder and preventive confiscation, and that long roll of grim and bloody maxims which form the political code of all power not standing on its own honor and the honor of those who are to obey it. Kings will be tyrants from policy when subjects are rebels from principle.
When ancient opinions and rules of life are taken away, the loss cannot possibly be estimated. From that moment we have no compass to govern us; nor can we know distinctly to what port we steer. Europe, undoubtedly, taken in a mass, was in a flourishing condition the day on which your revolution was completed. How much of that prosperous state was owing to the spirit of our old manners and opinions is not easy to say; but as such causes cannot be indifferent in their operation, we must presume that on the whole their operation was beneficial.
We are but too apt to consider things in the state in which we find them, without sufficiently adverting to the causes by which they have been produced and possibly may be upheld. Nothing is more certain than that our manners, our civilization, and all the good things which are connected with manners and with civilization have, in this European world of ours, depended for ages upon two principles and were, indeed, the result of both combined: I mean the spirit of a gentleman and the spirit of religion. The nobility and the clergy, the one by profession, the other by patronage, kept learning in existence, even in the midst of arms and confusions, and whilst governments were rather in their causes than formed. Learning paid back what it received to nobility and to priesthood, and paid it with usury, by enlarging their ideas and by furnishing their minds. Happy if they had all continued to know their indissoluble union and their proper place! Happy if learning, not debauched by ambition, had been satisfied to continue the instructor, and not aspired to be the master! Along with its natural protectors and guardians, learning will be cast into the mire and trodden down under the hoofs of a swinish* multitude.
* See the fate of Bailly and Condorcet, supposed to be here particularly alluded to. Compare the circumstances of the trial and execution of the former with this prediction.
If, as I suspect, modern letters owe more than they are always willing to own to ancient manners, so do other interests which we value full as much as they are worth. Even commerce and trade and manufacture, the gods of our economical politicians, are themselves perhaps but creatures, are themselves but effects which, as first causes, we choose to worship. They certainly grew under the same shade in which learning flourished. They, too, may decay with their natural protecting principles. With you, for the present at least, they all threaten to disappear together. Where trade and manufactures are wanting to a people, and the spirit of nobility and religion remains, sentiment supplies, and not always ill supplies, their place; but if commerce and the arts should be lost in an experiment to try how well a state may stand without these old fundamental principles, what sort of a thing must be a nation of gross, stupid, ferocious, and, at the same time, poor and sordid barbarians, destitute of religion, honor, or manly pride, possessing nothing at present, and hoping for nothing hereafter?
I wish you may not be going fast, and by the shortest cut, to that horrible and disgustful situation. Already there appears a poverty of conception, a coarseness, and a vulgarity in all the proceedings of the Assembly and of all their instructors. Their liberty is not liberal. Their science is presumptuous ignorance. Their humanity is savage and brutal.
It is not clear whether in England we learned those grand and decorous principles and manners, of which considerable traces yet remain, from you or whether you took them from us. But to you, I think, we trace them best. You seem to me to be gentis incunabula nostrae. France has always more or less influenced manners in England; and when your fountain is choked up and polluted, the stream will not run long, or not run clear, with us or perhaps with any nation. This gives all Europe, in my opinion, but too close and connected a concern in what is done in France. Excuse me, therefore, if I have dwelt too long on the atrocious spectacle of the 6th of October, 1789, or have given too much scope to the reflections which have arisen in my mind on occasion of the most important of all revolutions, which may be dated from that day- I mean a revolution in sentiments, manners, and moral opinions. As things now stand, with everything respectable destroyed without us, and an attempt to destroy within us every principle of respect, one is almost forced to apologize for harboring the common feelings of men.
WHY do I feel so differently from the Reverend Dr. Price and those of his lay flock who will choose to adopt the sentiments of his discourse?- For this plain reason: because it is natural I should; because we are so made as to be affected at such spectacles with melancholy sentiments upon the unstable condition of mortal prosperity and the tremendous uncertainty of human greatness; because in those natural feelings we learn great lessons; because in events like these our passions instruct our reason; because when kings are hurled from their thrones by the Supreme Director of this great drama and become the objects of insult to the base and of pity to the good, we behold such disasters in the moral as we should behold a miracle in the physical order of things. We are alarmed into reflection; our minds (as it has long since been observed) are purified by terror and pity, our weak, unthinking pride is humbled under the dispensations of a mysterious wisdom. Some tears might be drawn from me if such a spectacle were exhibited on the stage. I should be truly ashamed of finding in myself that superficial, theatric sense of painted distress whilst I could exult over it in real life. With such a perverted mind I could never venture to show my face at a tragedy. People would think the tears that Garrick formerly, or that Siddons not long since, have extorted from me were the tears of hypocrisy; I should know them to be the tears of folly.
Indeed, the theatre is a better school of moral sentiments than churches, where the feelings of humanity are thus outraged. Poets who have to deal with an audience not yet graduated in the school of the rights of men and who must apply themselves to the moral constitution of the heart would not dare to produce such a triumph as a matter of exultation. There, where men follow their natural impulses, they would not bear the odious maxims of a Machiavellian policy, whether applied to the attainments of monarchical or democratic tyranny. They would reject them on the modern as they once did on the ancient stage, where they could not bear even the hypothetical proposition of such wickedness in the mouth of a personated tyrant, though suitable to the character he sustained. No theatric audience in Athens would bear what has been borne in the midst of the real tragedy of this triumphal day: a principal actor weighing, as it were, in scales hung in a shop of horrors, so much actual crime against so much contingent advantage; and after putting in and out weights, declaring that the balance was on the side of the advantages. They would not bear to see the crimes of new democracy posted as in a ledger against the crimes of old despotism, and the book-keepers of politics finding democracy still in debt, but by no means unable or unwilling to pay the balance. In the theater, the first intuitive glance, without any elaborate process of reasoning, will show that this method of political computation would justify every extent of crime. They would see that on these principles, even where the very worst acts were not perpetrated, it was owing rather to the fortune of the conspirators than to their parsimony in the expenditure of treachery and blood. They would soon see that criminal means once tolerated are soon preferred. They present a shorter cut to the object than through the highway of the moral virtues. Justifying perfidy and murder for public benefit, public benefit would soon become the pretext, and perfidy and murder the end, until rapacity, malice, revenge, and fear more dreadful than revenge could satiate their insatiable appetites. Such must be the consequences of losing, in the splendor of these triumphs of the rights of men, all natural sense of wrong and right.
But the reverend pastor exults in this "leading in triumph", because truly Louis the Sixteenth was "an arbitrary monarch"; that is, in other words, neither more nor less than because he was Louis the Sixteenth, and because he had the misfortune to be born king of France, with the prerogatives of which a long line of ancestors and a long acquiescence of the people, without any act of his, had put him in possession. A misfortune it has indeed turned out to him that he was born king of France. But misfortune is not crime, nor is indiscretion always the greatest guilt. I shall never think that a prince the acts of whose whole reign was a series of concessions to his subjects, who was willing to relax his authority, to remit his prerogatives, to call his people to a share of freedom not known, perhaps not desired, by their ancestors- such a prince, though he should be subjected to the common frailties attached to men and to princes, though he should have once thought it necessary to provide force against the desperate designs manifestly carrying on against his person and the remnants of his authority- though all this should be taken into consideration, I shall be led with great difficulty to think he deserves the cruel and insulting triumph of Paris and of Dr. Price. I tremble for the cause of liberty from such an example to kings. I tremble for the cause of humanity in the unpunished outrages of the most wicked of mankind. But there are some people of that low and degenerate fashion of mind, that they look up with a sort of complacent awe and admiration to kings who know to keep firm in their seat, to hold a strict hand over their subjects, to assert their prerogative, and, by the awakened vigilance of a severe despotism, to guard against the very first approaches to freedom. Against such as these they never elevate their voice. Deserters from principle, listed with fortune, they never see any good in suffering virtue, nor any crime in prosperous usurpation.
If it could have been made clear to me that the king and queen of France (those I mean who were such before the triumph) were inexorable and cruel tyrants, that they had formed a deliberate scheme for massacring the National Assembly (I think I have seen something like the latter insinuated in certain publications), I should think their captivity just. If this be true, much more ought to have been done, but done, in my opinion, in another manner. The punishment of real tyrants is a noble and awful act of justice; and it has with truth been said to be consolatory to the human mind. But if I were to punish a wicked king, I should regard the dignity in avenging the crime. Justice is grave and decorous, and in its punishments rather seems to submit to a necessity than to make a choice. Had Nero, or Agrippina, or Louis the Eleventh, or Charles the Ninth been the subject; if Charles the Twelfth of Sweden, after the murder of Patkul, or his predecessor Christina, after the murder of Monaldeschi, had fallen into your hands, Sir, or into mine, I am sure our conduct would have been different.
If the French king, or king of the French (or by whatever name he is known in the new vocabulary of your constitution), has in his own person and that of his queen really deserved these unavowed, but unavenged, murderous attempts and those frequent indignities more cruel than murder, such a person would ill deserve even that subordinate executory trust which I understand is to be placed in him, nor is he fit to be called chief in a nation which he has outraged and oppressed. A worse choice for such an office in a new commonwealth than that of a deposed tyrant could not possibly be made. But to degrade and insult a man as the worst of criminals and afterwards to trust him in your highest concerns as a faithful, honest, and zealous servant is not consistent to reasoning, nor prudent in policy, nor safe in practice. Those who could make such an appointment must be guilty of a more flagrant breach of trust than any they have yet committed against the people. As this is the only crime in which your leading politicians could have acted inconsistently, I conclude that there is no sort of ground for these horrid insinuations. I think no better of all the other calumnies.
IN ENGLAND, we give no credit to them. We are generous enemies; we are faithful allies. We spurn from us with disgust and indignation the slanders of those who bring us their anecdotes with the attestation of the flower-de-luce on their shoulder. We have Lord George Gordon fast in Newgate; and neither his being a public proselyte to Judaism, nor his having, in his zeal against Catholic priests and all sorts of ecclesiastics, raised a mob (excuse the term, it is still in use here) which pulled down all our prisons, have preserved to him a liberty of which he did not render himself worthy by a virtuous use of it. We have rebuilt Newgate and tenanted the mansion. We have prisons almost as strong as the Bastille for those who dare to libel the queens of France. In this spiritual retreat, let the noble libeller remain. Let him there meditate on his Talmud until he learns a conduct more becoming his birth and parts, and not so disgraceful to the ancient religion to which he has become a proselyte; or until some persons from your side of the water, to please your new Hebrew brethren, shall ransom him. He may then be enabled to purchase with the old boards of the synagogue and a very small poundage on the long compound interest of the thirty pieces of silver (Dr. Price has shown us what miracles compound interest will perform in 1790 years,), the lands which are lately discovered to have been usurped by the Gallican church. Send us your Popish archbishop of Paris, and we will send you our Protestant Rabbin. We shall treat the person you send us in exchange like a gentleman and an honest man, as he is; but pray let him bring with him the fund of his hospitality, bounty, and charity, and, depend upon it, we shall never confiscate a shilling of that honorable and pious fund, nor think of enriching the treasury with the spoils of the poor-box.
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