"All that you will see in this wonderful island is the result of the laws of Minos. The education which the children receive renders the body healthy and robust. They are accustomed, from the first, to a frugal and laborious life; it is supposed that all the pleasures of sense enervate the body and the mind; no other pleasure is presented to them but that of being invincible by virtue, that of acquiring much glory.... there _they_ punish three vices which go unpunished amongst other people--ingrat.i.tude, dissimulation, and avarice. As to pomp and dissipation, there is no need to punish these, for they are unknown in Crete...... No costly furniture, no magnificent clothing, no delicious feasts, no gilded palaces are allowed."

It is thus that Mentor prepares his scholar to mould and manipulate, doubtless with the most philanthropic intentions, the people of Ithaca, and, to confirm him in these ideas, he gives him the example of Salentum.

It is thus that we receive our first political notions. We are taught to treat men very much as Oliver de Serres teaches farmers to manage and to mix the soil.

_Montesquieu_.--"To sustain the spirit of commerce, it is necessary that all the laws should favour it; that these same laws, by their regulations in dividing the fortunes in proportion as commerce enlarges them, should place every poor citizen in sufficiently easy circ.u.mstances to enable him to work like the others, and every rich citizen in such mediocrity that he must work, in order to retain or to acquire."

Thus the laws are to dispose of all fortunes.

"Although, in a democracy, real equality be the soul of the State, yet it is so difficult to establish, that an extreme exactness in this matter would not always be desirable. It is sufficient that a census be established to reduce or fix the differences to a certain point. After which, it is for particular laws to equalise, as it were, the inequality, by burdens imposed upon the rich, and reliefs granted to the poor."

Here, again, we see the equalisation of fortunes by law, that is, by force.

"There were, in Greece, two kinds of republics. One was military, as Lacedaemon; the other commercial, as Athens. In the one it was wished (by whom?) that the citizens should be idle: in the other, the love of labour was encouraged.

"It is worth our while to pay a little attention to the extent of genius required by these legislators, that we may see how, by confounding all the virtues, they showed their wisdom to the world.

Lycurgus, blending theft with the spirit of justice, the hardest slavery with extreme liberty, the most atrocious sentiments with the greatest moderation, gave stability to his city. He seemed to deprive it of all its resources, arts, commerce, money, and walls; there Was ambition without the hope of rising; there were natural sentiments where the individual was neither child, nor husband, nor father. Chast.i.ty even was deprived of modesty. _By this road Sparta was led on to grandeur and to glory_.

"The phenomenon which we observe in the inst.i.tutions of Greece has been seen in the midst of the _degeneracy and corruption of our modern times_. An honest legislator has formed a people where probity has appeared as natural as bravery among the Spartans. Mr.

Penn is a true Lycurgus, and although the former had peace for his object, and the latter war, they resemble each other in the singular path along which they have led _their_ people, in their influence over free men, in the prejudices which they have overcome, the pa.s.sions they have subdued.

"Paraguay furnishes us with another example. _Society_ has been accused of the crime of regarding the pleasure of commanding as the only good of life; but it will always be a n.o.ble thing to govern men by making them happy.

"_Those who desire to form similar inst.i.tutions_, will establish community of property, as in the republic of Plato, the same reverence which he enjoined for the G.o.ds, separation from strangers for the preservation of morality, and make the city and not the citizens create commerce: they should give our arts without our luxury, our wants without our desires."

Vulgar infatuation may exclaim, if it likes:--"It is Montesquieu!

magnificent! sublime!" I am not afraid to express my opinion, and to say:--"What! you have the face to call that fine? It is frightful! it is abominable! and these extracts, which I might multiply, show that, according to Montesquieu, the persons, the liberties, the property, mankind itself, are nothing but materials to exercise the sagacity of lawgivers."

_Rousseau_.--Although this politician, the paramount authority of the Democrats, makes the social edifice rest upon the _general will_, no one has so completely admitted the hypothesis of the entire pa.s.siveness of human nature in the presence of the lawgiver:--

"If it is true that a great prince is a rare thing, how much more so must a great lawgiver be? The former has only to follow the pattern proposed to him by the latter. _This latter is the mechanician who invents the machine_; the former is merely the workman who sets it in motion."

And what part have men to act in all this? That of the machine, which is set in motion; or rather, are they not the brute matter of which the machine is made? Thus, between the legislator and the prince, between the prince and his subjects, there are the same relations as those which exist between the agricultural writer and the agriculturist, the agriculturist and the clod. At what a vast height, then, is the politician placed, who rules over legislators themselves, and teaches them their trade in such imperative terms as the following:--

"Would you give consistency to the State? Bring the extremes together as much as possible. Suffer neither wealthy persons nor beggars.

"If the soil is poor and barren, or the country too much confined for the inhabitants, turn to industry and the arts, whose productions you will exchange for the provisions which you require.... On a good soil, if _you are short_ of inhabitants, give all your attention to agriculture, which multiplies men, and _banish_ the arts, which only serve to depopulate the country....

Pay attention to extensive and convenient coasts. _Cover the sea_ with vessels, and you will have a brilliant and short existence. If your seas wash only inaccessible rocks, let the people _be barbarous_, and eat fish; they will live more quietly, perhaps better, and, most certainly, more happily. In short, besides those maxims which are common to all, every people has its own particular circ.u.mstances, which demand a legislation peculiar to itself.

"It was thus that the Hebrews formerly, and the Arabs more recently, had religion for their princ.i.p.al object; that of the Athenians was literature; that of Carthage and Tyre, commerce; of Rhodes, naval affairs; of Sparta, war; and of Rome, virtue. The author of the 'Spirit of Laws' has shown the art _by which the legislator should frame his inst.i.tutions towards each of these objects_.... But if the legislator, mistaking his object, should take up a principle different from that which arises from the nature of things; if one should tend to slavery, and the other to liberty; if one to wealth, and the other to population; one to peace, and the other to conquests; the laws will insensibly become enfeebled, the Const.i.tution will be impaired, and the State will be subject to incessant agitations until it is destroyed, or becomes changed, and invincible Nature regains her empire."

But if Nature is sufficiently invincible to _regain_ its empire, why does not Kousseau admit that it had no need of the legislator to _gain_ its empire from the beginning? Why does he not allow that, by obeying their own impulse, men would, of themselves, apply agriculture to a fertile district, and commerce to extensive and commodious coasts, without the interference of a Lycurgus, a Solon, or a Rousseau, who would undertake it at the risk of _deceiving themselves_?

Be that as it may, we see with what a terrible responsibility Rousseau invests inventors, inst.i.tutors, conductors, and manipulators of societies. He is, therefore, very exacting with regard to them.

"He who dares to undertake the inst.i.tutions of a people, ought to feel that he can, as it were, transform every individual, who is by himself a perfect and solitary whole, receiving his life and being from a larger whole of which he forms a part; he must feel that he can change the const.i.tution of man, to fortify it, and subst.i.tute a partial and moral existence for the physical and independent one which we have all received from nature. In a word, he must deprive man of his own powers, to give him others which are foreign to him."

Poor human nature! What would become of its dignity if it were entrusted to the disciples of Rousseau?

_Raynal_.--"The climate, that is, the air and the soil, is the first element for the legislator. _His_ resources prescribe to him his duties. First, he must consult _his_ local position. A population dwelling upon maritime sh.o.r.es must have laws fitted for navigation.... If the colony is located in an inland region, a legislator must provide for the nature of the soil, and for its degree of fertility....

"It is more especially in the distribution of property that the wisdom of legislation will appear. As a general rule, and in every country, when a new colony is founded, land should be given to each man, sufficient for the support of his family....

"In an uncultivated island, which _you_ are colonizing with children, it will only be needful to let the germs of truth expand in the developments of reason! But when _you_ establish old people in a new country, the skill consists in _only allowing it_ those injurious opinions and customs which it is impossible to cure and correct. If _you_ wish to prevent them from being perpetuated, you will act upon the rising generation by a general and public education of the children. A prince, or legislator, ought never to found a colony without previously sending wise men there to instruct the youth.... In a new colony, every facility is open to the precautions of the legislator who desires _to purify the tone and the manners of the people_. If he has genius and virtue, the lands and the men which are _at his disposal_ will inspire his soul with a plan of society which a writer can only vaguely trace, and in a way which would be subject to the instability of all hypotheses, which are varied and complicated by an infinity of circ.u.mstances too difficult to foresee and to combine."

One would think it was a professor of agriculture who was saying to his pupils--"The climate is the only rule for the agriculturist. _His_ resources dictate to him his duties. The first thing he has to consider is his local position. If he is on a clayey soil, he must do so and so.

If he has to contend with sand, this is the way in which he must set about it. Every facility is open to the agriculturist who wishes to clear and improve his soil. If he only has the skill, the manure which he has _at his disposal_ will suggest to him a plan of operation, which a professor can only vaguely trace, and in a way that would be subject to the uncertainty of all hypotheses, which vary and are complicated by an infinity of circ.u.mstances too difficult to foresee and to combine."

But, oh! sublime writers, deign to remember sometimes that this clay, this sand, this manure, of which you are disposing in so arbitrary a manner, are men, your equals, intelligent and free beings like yourselves, who have received from G.o.d, as you have, the faculty of seeing, of foreseeing, of thinking, and of judging for themselves!

_Mably_. (He is supposing the laws to be worn out by time and by the neglect of security, and continues thus):--

"Under these circ.u.mstances, we must be convinced that the springs of Government are relaxed. _Give them_ a new tension (it is the reader who is addressed), and the evil will be remedied.... Think lees of punishing the faults than of encouraging the virtues _which you want_. By this method you will bestow upon _your republic_ the vigour of youth. Through ignorance of this, a free people has lost its liberty! But if the evil has made so much way that the ordinary magistrates are unable to remedy it effectually, _have recourse_ to an extraordinary magistracy, whose time should be short, and its power considerable. The imagination of the citizens requires to be impressed."

In this style he goes on through twenty volumes.

There was a time when, under the influence of teaching like this, which is the root of cla.s.sical education, every one was for placing himself beyond and above mankind, for the sake of arranging, organising, and inst.i.tuting it in his own way.

_Condillac_.--"Take upon yourself, my lord, the character of Lycurgus or of Solon. Before you finish reading this essay, amuse yourself with giving laws to some wild people in America or in Africa. Establish these roving men in fixed dwellings; teach them to keep flocks.... Endeavour to develop the social qualities which nature has implanted in them.... Make them begin to practise the duties of humanity.... Cause the pleasures of the pa.s.sions to become distasteful to them by punishments, and you will see these barbarians, with every plan of your legislation, lose a vice and gain a virtue.

"All these people have had laws. But few among them have been happy. Why is this? Because legislators have almost always been ignorant of the object of society, which is, to unite families by a common interest.

"Impartiality in law consists in two things:--in establishing equality in the fortunes and in the dignity of the citizens.... In proportion to the degree of equality established by the laws, the dearer will they become to every citizen.... How can avarice, ambition, dissipation, idleness, sloth, envy, hatred, or jealousy, agitate men who are equal in fortune and dignity, and to whom the laws leave no hope of disturbing their equality?

"What has been told you of the republic of Sparta ought to enlighten you on this question. No other State has had laws more in accordance with the order of nature or of equality."

It is not to be wondered at that the 17th and 18th centuries should have looked upon the human race as inert matter, ready to receive everything, form, figure, impulse, movement, and life, from a great prince, or a great legislator, or a great genius. These ages were reared in the study of antiquity, and antiquity presents everywhere, in Egypt, Persia, Greece, and Rome, the spectacle of a few men moulding mankind according to their fancy, and mankind to this end enslaved by force or by imposture. And what does this prove? That because men and society are improvable, error, ignorance, despotism, slavery, and superst.i.tion must be more prevalent in early times. The mistake of the writers quoted above, is not that they have a.s.serted this fact, but that they have proposed it, as a rule, for the admiration and imitation of future generations. Their mistake has been, with an inconceivable absence of discernment, and upon the faith of a puerile conventionalism, that they have admitted what is inadmissible, viz., the grandeur, dignity, morality, and well-being of the artificial societies of the ancient world; they have not understood that time produces and spreads enlightenment; and that in proportion to the increase of enlightenment, right ceases to be upheld by force, and society regains possession of herself.

And, in fact, what is the political work which we are endeavouring to promote? It is no other than the instinctive effort of every people towards liberty. And what is liberty, whose name can make every heart beat, and which can agitate the world, but the union of all liberties, the liberty of conscience, of instruction, of a.s.sociation, of the press, of locomotion, of labour, and of exchange; in other words, the free exercise, for all, of all the inoffensive faculties; and again, in other words, the destruction of all despotisms, even of legal despotism, and the reduction of law to its only rational sphere, which is to regulate the individual right of legitimate defence, or to repress injustice?

This tendency of the human race, it must be admitted, is greatly thwarted, particularly in our country, by the fatal disposition, resulting from cla.s.sical teaching, and common to all politicians, of placing themselves beyond mankind, to arrange, organise, and regulate it, according to their fancy.

For whilst society is struggling to realise liberty, the great men who place themselves at its head, imbued with the principles of the seventeenth and eighteenth centuries, think only of subjecting it to the philanthropic despotism of their social inventions, and making it bear with docility, according to the expression of Rousseau, the yoke of public felicity, as pictured in their own imaginations.

This was particularly the case in 1789. No sooner was the old system destroyed, than society was to be submitted to other artificial arrangements, always with the same starting-point--the omnipotence of the law.

_Saint Just_.--"The legislator commands the future. It is for him to _will_ for the good of mankind. It is for him to make men what he wishes them to be."

_Robespierre_.--"The function of Government is to direct the physical and moral powers of the nation towards the object of its inst.i.tution."

_Billaud Varennes_.--"A people who are to be restored to liberty must be formed anew. Ancient prejudices must be destroyed, antiquated customs changed, depraved affections corrected, inveterate vices eradicated. For this, a strong force and a vehement impulse will be necessary.... Citizens, the inflexible austerity of Lycurgus created the firm basis of the Spartan republic. The feeble and trusting disposition of Solon plunged Athens into slavery. This parallel contains the whole science of Government."

_Lepelletier._--"Considering the extent of human degradation, I am convinced of the necessity of effecting an entire regeneration of the race, and, if I may so express myself, of creating a new people."

Men, therefore, are nothing but raw material. It is not for them to _will their own improvement_. They are not capable of it; according to Saint Just, it is only the legislator who is. Men are merely to be what he _wills_ that they should be. According to Robespierre, who copies Rousseau literally, the legislator is to begin by a.s.signing the aim of the _inst.i.tutions of the nation_. After this, the Government has only to direct all its _physical_ and _moral forces_ towards this end. All this time the nation itself is to remain perfectly pa.s.sive; and Billaud Varennes would teach us that it ought to have no prejudices, affections, nor wants, but such as are authorised by the legislator. He even goes so far as to say that the inflexible austerity of a man is the basis of a republic.

We have seen that, in cases where the evil is so great that the ordinary magistrates are unable to remedy it, Mably recommends a dictatorship, to promote virtue. "_Have recourse_," says he, "to an extraordinary magistracy, whose time shall be short, and his power considerable. The imagination of the people requires to be impressed." This doctrine has not been neglected. Listen to Robespierre:--

"The principle of the Republican Government is virtue, and the means to be adopted, during its establishment, is terror. We want to subst.i.tute, in our country, morality for egotism, probity for honour, principles for customs, duties for decorum, the empire of reason for the tyranny of fashion, contempt of vice for contempt of misfortune, pride for insolence, greatness of soul for vanity, love of glory for love of money, good people for good company, merit for intrigue, genius for wit, truth for glitter, the charm of happiness for the weariness of pleasure, the greatness of man for the littleness of the great, a magnanimous, powerful, happy people, for one that is easy, frivolous, degraded; that is to say, we would subst.i.tute all the virtues and miracles of a republic for all the vices and absurdities of monarchy."