" u sISVEI ISITY GF CAL! - A A' r LO S A NGE LES Sis^ - . ; &;fK -V ^<&p-'s/4',- : ' "':": '^\;^^i:Jij:r^:' ; |jjgj| ; ' -r"r^'3 :'o. " ;--_->-'- .'.-.-; i ~ "^ - ^.v,.-^- ^ 3; . _ = VINDICIM GALLICJE. DEFENCE FRENCH REVOLUTION AND ITS ENGLISH ADMIRERS, AGAINST THE ACCUSATIONS OF THE RIGHT HON. EDMUND BURKE ; INCLUDING SOME STRICTURES ON THE LATE PRODUCTION OF MONS. DE CALONNE. By JAMES MACKINTOSH, of Lincoln's inn, esquire. THE FOURTH EDITION, WITH ADDITIONS. LONDON: PRINTED FOR G. G. J. AND J. ROBINSON, PATERNOSTER -ROW. 2 :'_ 1 - 1 1 x 79 2 - .DC ADVERTISEMENT. HAD 1 forcfccn the fize to which the following volume ivas to grow, or the obflaclcs that were to retard its completion, J Jhould probably have fljrunk from the undertaking \ and perhaps I may now be fuppofed to owe an apology for of' fering it to the Public, after the able and majlerly Publications to which this controverfy has given occafion. Afany parts of it bear internal marks of having been written fome months ago, by allujions to circumjlances which are now changed ; but as they did not affett the reafoning, I was not folicitous to alter them. For the latenefs of its appearance, I find a confolation in the knowledge, that refpcclable Works on the fame fubjefi are fill txpetled by the Public ; and the number of my fellow- labourers or.ly Juggcjls the rcfieftion that too many minds cannot be em- ployed on a controverfy fo immenfe as to pre fait the mojl various ajpetls to different underfandings, and fo important, that the more correil flatemcnt of oyiefatl, c> the more fucccfsful illuf- tration of one argument, will at leaf refcue a book from tit imputation of having been written in vain. Little Ealing, Middlefex, April 26, 1 79 1. ADVER- ADVERTISEMENT to the THIRD EDITION. / NOFF ' prefcnt the following Work to the Public a third time, rendered, I hope, lefs unworthy of their favor. - Of Literary Criticifm // does not become me to quejlion thejujlice, but Moral Animadverfion I feel it due ts my fc If to notice. 'The vulgar clamor which has been raifed with fuch malig- nant art againjl the friends of Freedom, as the apojllcs of turbu- lence and f edition, has not even f pared the obfeuriiy of my name. To f rangers I can only vindicate myfelf by defying the authors of fuch clamors to dif cover one paffage in this volume not in the highejl degree favorable to peace andjlab'e government. Thofe to whom I am known would, I believe, be fow to impute any fentiments of violence to a temper which the partiality of my friends muji confefs to be indolent, and the hojlility of enemies will not deny to be mild. I have been accufed, ^valuable friends, of treating with un- generous levity the misfortunes of the Royal lamily of France. "They will not hoxve-cer fappofe me capable of deliberately vio- lating the faerednefs of mifcry in a palace ;r a cottage \ and I fncerely lament that Ifnouldhave been betrayed into exprejpons .ubich admitted that conjiruc'iim. Little Ealing, Augufl 28, T 7 g T , INTRODUCTION. THE late opinions of Mr. Burke fur- niihed more matter of aftcnimment to thofe who had diftantlvobferved, than to thofe who had correctly examined the fyftem of his former political life. An abhorrence for abftract politics, a predilection for ariftocracy, and a dread of innovation, have ever been among the moil: facred articles of his public creed. It was not likely that at his age he mould aban- don to the invaiionof audacious novelties, opi- nions which he had received Co early, and maintained fo long, which had been fortified bv the applaufe of the great, and the aflent of the wife, which he had dictated to fo many illuftrious pupils, and fupported againll: io many diitinguifhed opponents. Men who early attain eminence, repofe in their flril A creed, ( H ) creed. They neglect the progrefs of the hu- man mind fubfequent to its adoption, anal when, as in the preientcafe, it has burfr. forth into action, they regard it as a transient mad- nefs, worthy only of pity or derifion. They miflake it for a mountain torrent that will pafs away with the ftorm that gave it birth. They know not that it is the ftream of hu- man opinion in omne volubilis avum, which the acceflion of every day will fwcll, which is dcflined to fweep into the fame oblivion the refi fiance of learned fophiftry, and of powerful oppreluon. But there jflill remained ample matter of aflonimment in the Philippic of Mr. Burke. Ke might deplore the fanguinary excefles he might deride the vilionary policy that feemcd to him to tarnifli the luftre of the Revolution, but it was hard to have fnppofed that he mould have exhaufted againft it every epithet of contumely and opprobrium that language ( m ) can furnifhto indignation ; that the rage of his declamation mould not for one moment have been fufpended ; that his heart mould not be- tray one faint glow of triumph, at the fplendid and glorious delivery of fo great a people. All was invective the authors, and admirers of the Revolution every man who did not execrate it, even his own moil enlightened and aecomplifhed friends, were devoted to odium and ignominy. This fpeech did not iioop to argument the whole was dogmatical and authoritative ; the caufe feemed decided without dilcuition ; the anathema fulminated before trial. But the ground of the opinions of this famous fpeech, which, if we may believe a foreign journalifr, will form an epoch in the hiftory of the eccen- tricities of the human mind, was impatiently expected in a work foon after announced. The name of the author, the importance of the lubject, and the angularity of his opinions, A 2 all ( iv ) all contributed to inflame the public curiofity, which though it languifhed in a fubfequenfc delay, has been revived by the appearance, and will be rewarded by the perufai of the work. It is certainly in every refpect a perform- ance, of which to form a correct eftimate, would prove one of the mo ft arduous efforts of critical (kill. " We fcarcely can praife it, " or blame it too much." Argument every where dextrous and fpecious, fometirnes grave and profound, cloathed in the moft rich and various imagery, and aided by the moil pa- thetic and picturefque defcription, fpeaks the opulence and the powers of that mind, of which a^e has neither dimmed the diicern- merit nor enfeebled the fancy, neither repref- fed the ardor, nor narrowed the range. Vi- rulent encomiums on urbanity, and inflamma- tory harangues againft violence ; homilies of moral and religious myfticifm, better adapted to ( v ) to the amufement than to the conviction of an incredulous age, though they may roufe the languor of attention, can never be dignified by the approbation of the under (landing. Of the Senate and people of France, his language is fuch as might have been expected to a country which his fancy has peopled only with plots, aiTaflinations, and maflacres, and all the brood of dire chimeras which are the offspring of a prolific imagination, goaded by an ardent and deluded feniibility. The glimpfes of benevolence, which irradiate this gloom of invcCTive, ariie only from generous illufion, from miiguided and mifplaced companion his eloquence is not at leifure to deplore the fate of beggared artizans, and famifhed pea- sants, the victims of fufpended induftry, and languishing commerce. The feniibility which iccms feared by the homely miferies of the vulgar, is attracted only by the fplendid Sor- rows of royalty, and agonizes at the ilen- A 3 deref: ( vi ) dereft pang that aflails the heart of fottifhnefs cr proftitution, if they are placed by fortune on a throne. 4 To the Engliili friends of French freedom, his language is contemptuous, illiberal, and fcurrilous. In one of the ebbings of his fervor, he is difpofed not to difpute " their good in- Ci tentions." But he abounds in intemperate fallies, in ungenerous inclinations, which wifdom ought to have checked, as ebullitions- of pailion, which genius ought to have dii- dained, as weapons of controversy. The arrangement of his work is as lingular as the matter. Availing himfelf of all the privileges of cpifcolary effufion, in their ut- moft latitude and laxity, he interrupts, dif- mifTes, and relumes argument at pleafure. His inbject is as exteniive as political fcience his allufions and excurfions reach almoft every resfion of human knowledge. It muft be ( vii ) be confefled that in this mifcellaneous and de- lultory warfare, the fuperiority of a man of genius over common men is infinite. He can cover the moff. ignominious retreat by a bril- liant allufion. He can parade his arguments with mafferly generalfhip, where they are ftrong. He can efcape from an untenable pofition into a fplendid declamation. He can lap the mod; impregnable conviction by pathos, and put to flight a hofr. of fyllogyfms with a fheer. Abfolved from the laws of vulvar me- thod, he can advance a group of magnificent horrors to makea breach in our hearts, through which the mod undifciplined rabble of argu- ments may enter in triumph. Analyfis and method, like the difcipline and armour of modern nations, correct in fome rneafure the inequalities of controverfial dex- teritVs and level on the intellectual field the giant and the dwarf. Let us then analyfe the production of Mr. Burke, and difminmg what A 4 is ( viii ) is extraneous and ornamental, we fhall diicover certain leading quefrions, of which the deci- fion is indifpenfible to the point at hTue* The natural order of thefe topics will dic- tate the method of reply. Mr. Burke, availing himfelf of the indefinite and equivocal term, Revolution, has altogether reprobated that tranfaclion. The firfl queftion, therefore, that arifes, regards the general expediency and neceffitv of a Revolution in France. This is .- followed by the difcuflion of the compofition and conduct of the National Aflembly, of the popular exceffes which attended the Revolu- tion, and the New ConfHtution that is to refult from it. The conduct of its Englifh admirers forms the lair, topic, though it is with rhetorical inverfion firft treated by Mr. Burke, as if the propriety of approbation mould be de- termined before the difcuflion of the merit or demerit of what was approved. In perfuance of ( xi ) of this analyfis, the following feclions will comprife the fubftance of our refutation. SecT:. I. The General Expediency and Necef- fity of a Revolution in France. II. The Compoftion and Character of the "Na- tional Jlfembly considered. III. The Popular Excejfes which attended, or followed the Revolution. IV. The new Conjlitution of France. V '. TheConducl of its Englijh Admirer sji fifed. With this reply to Mr. Burke will be mino'led fome ftrictures on the late publication of M. Calonne. That miniiter, who has for fome time exhibited to the eyes of indignant Europe the inecbele of an exiled robber living in ( x ) in the roll fplendid impunity, has, with an effrontery that beggars invective, affumed in his work the tone of afflicted patriotifm, and delivers his polluted Philippics as the oracles of perfecuted virtue. His work is more methodical than that of his coadjutor, Mr. Burke*. Of his financial calculations it may be remarked, that in a work profclTedly popular they afford the ftrongefl prefumption of fraud. Their extent and in- tricacy feem contrived to extort afTent from * It cannot be denied that the produclion of M. Calonne is, " eloquent, able," and certainly very " infrructive" in what regards his own character and defigns. But it con- tains one infhnce of hiflorical ignorance fo egregious, that I. cannot reiift quoting: it. In his Ion"' difcuffion of the pre- venfions of the Affembly to the tit!:: of a National Conven- tion, he deduces the origin of that word from Scotland, where lie inf/rms us, p. 328, " On lui donna le nom dc Convention Lcoffoife, le rcfultat de fes deliberations fut anpelle Covenant, &: ceux qui Tavoient foufcrit ou qui y ad- heroient Covenanter* ' /" public ( xi ) public indolence, for men will rather be- lieve than examine them. His inferences are fo outrageoufly incredible, that mod men of ienfe will think it more fafe to truft their own plain conclufions than to enter fuch a laby- rinth of financial fophifhy. The only part of his production that here demands reply, is that which relates to gene- ral political queftions. Remarks on what he has offered concerning them will naturally find a place under the correfponding lections of the Reply to Mr. Burke. Its moft impor- tant view is neither literary nor argaimcnta- tive. It appeals to judgments more deciiive than thofe ofcriticiim, and aims at wielchn^ weapons more formidable than thofe of logic. It is the manifefto of a Counter Revolution, and its obvious object is to inflame cverv paf- (ion and interefc, real orfuppofel, that V received any mock in the cftabliihment of freedom. He prober the h-leedino; wounds or ( *" ) the princes, the nobility, the prieflhood, and the great judicial ariftocracy. He adjures one body by its dignity degraded, another by its inheritance plundered, and a third by its au- thority deftroyed, to repair to the holy banner of his philanthropic ciulade. Confident in the protection of all the monarchs of Europe, whom he alarms for the fecurity of their thrones, and having infured the moderation of a fanatical rabble, by giving out among them the favage war-whoop of atheifm, he already fancies himfelf in full march to Paris, not to re-inflate the depofed defpotifm (for he dif- claims the purpofe, and who would not truft. fuch virtuous difavowals ! \) but at the head of this army of priefls, mercenaries and fana- tics, to dictate, as the tutelar genius of France. the efTablifhment of a juft and temperate free- dom, obtained without commotion and with- out carnage, and equally hoftile to the inte- rfiled ambition of dema;02;ues and the law- h ib authority of kings, Crufades ( xiii ) Crufades were an efrervefcence of chivalry, and the modern St. Francis has a knight for the conduct of thefe crufaders, who will con- vince Mr. Burke, that the a?e of chivalry is not pail, nor the glory of Europe gone for ever. The Comte d'Artois*, that fcyon wor- thy of Henry the Great, the rival of the Bay- ards and Sidneys, the new model of French Knighthood, is to ifTue from Turin with ten thoufand cavaliers, to deliver the peerlefs and immaculate Antonietta of Auftria from the durance vile in which me has lo Ions: been immured in the Thuilleries, from the fvvords of the difcourteous knights of Paris, and the fpells of the fable wizards of democracy. * Ce digne rcjeton dn grand Henri Calonnc, p. 413. Un 'jiGitvcau modHc de la Cbevalerie Fr&ncoife. Ibk!. p. 114. flNDICIJE GALLICjE, SECTION I. ^he General Expediency and Neajjity of a Revolution hi France. T is aflerted in many paffages * of Air. Burke's work, though no where with that preciiion which the importance of the ai- iertion demanded, that the French Revolution was not only in its parts reprehensible, but in the whole was abfurd, inexpedient, and unjuft; vet he has no where exactly informed us what he underftands by the term. The French Revolution, in its moll: popular icnfc^, perhaps would be underflcod in England to ' :1 r. : l^li 23 ; 2 43> an ^ many otl:cr paffages. coniill ( 16 ) confifl of thofe fplendid events that formed the prominent portion of its exterior, the Parifian revolt, the capture of the Baftile, and the iubmiffion of the Kins;. But thefe memorable events, though they flrengthened and accele- rated, could not conftitute a Political Revo- lution. It muir. have been a change of Go- vernment, but even limited to that meaning, it is equivocal and wide. It is capable of three fenfes. The King's recognition of the rights of the States Gene- ral to a fhare in the legiflation, was a change in the actual government of France, where the whole legiflative and executive power had, without the fhadow of interruption, for nearly two centuries been enjoyed by the Crown ; in that fenfe the meeting of the States-Gene- ral was the Revolution, and the 5th of May wasitsaera. The union of the three Orders in one afTcmbly was a moil important change in the forms and fpirit of the legiflature. This too ( K ) too may be called the Revolution, and the 23d of Jnne will be its sera. This bodv, thus united, are forming a new Conftitution. This may be alfo called a 'Revolution, becaufe it is of all the political changes the moil: im- portant, and its epoch will be determined by the concluiion of the labours of the National. Affembly. Thus equivocal is the import of Air. Burke's exprefuons. To extricate them from this ambiguity, a rapid furvey of thefe events will be neceiTary. It will prove too the faircft and mod forcible confutation of his arru- meats. It will bed; demondrate the necef- fity and jufiice oi all tree fucceflive changes in the State of France, which formed the mixed mafs called the Revolution. It will difcriminatc legiflative acls from popular ex- ceffes, and diiiinguim tranfient confulion from permanent eftablilhment. It will evince the futility and fallacy of attributing to the B confpiracv ( 8 ) conlpiracy of individuals, or bodies, a Revo* lution which, whether it be benificial or inju- rious, was produced only by general caufes, where the moil confpicuous individual pro- duced little real effect. The Constitution of France refembled in the earlier fiages of its progrefs the other Go- thic governments of Europe. The hiflory of its decline and the caufes of its extinction are abundantly known. Its infancy and youth were like thofe of the Englifh government. The Cbar,:p dc Mars, and the V, r ittenagcmot+ the tumultuous aiTem-elies of r dc conquerors, were in both i t untnes m ! :ed down into re- prcid lUlUvc oou.es. nut tne cluwiiraii or the feu ' . ' ' .:.- / ha] :; in LYance before Commerce :. ! elevate ! any other clais of ci- t',x r , iut: ".. e, its power .' \ i Ivcd on \\'v;\\ the co; ! '.) of the e - !'s ( : tn.c states v. ;. .',; ..-'..;-.'.. "... !' . 111 1 . roj i liailtiCc'. The;.. ( *9 ) Their momentary re-appearance under Henry [II. and Louis XIII. icrved only to illuftratc their indgniricance. Their total difufe fpeedily fucceeded. The intrufion of any popular voice was not likely to be tolerated in the reign of Louis XIV. a reign which has been fo often cele- brated as the zenith of warlike and literary fplendor, but which has always appeared to me to be the confummation of whatever is afflicting and degrading in the hiftory of the human race. Talent feemed, in that reign, robbed of the confcious elevation, of the erect and manly port, which is its nobleft afiociate and its lure ft indication. The mild purity of Fenelon*, the lofty fpirit of Bofiuct, the maf- culinc mind of Boileau, the fublime fervor of Corncille, were confounded by the conta- " And Cambray, worthy of a happier doom, : - The virtuous flave of Lads and of Rome." B 2 gioa ( 2= ) gion of ignominious and indifcriminate ferti- lity. It feemed as if the " reprefentative " majefry" of" the genius and intellect of man were proftrated before the mrine of a fanguinary and diffolute tyrant, who prac- tifed the corruption cf Courts without their mildnefs, and incurred the guilt of wars with-' out their glory. His highefl praife is to have fupported the ftage trick of Royalty with effect ; and it is furelv difficult to conceive any character more odious and deipicable, than that of a puny libertine, who, under the frown of a ftrurnpet, or a monk, ifTues the mandate that is to murder virtuous citizens, to delolate happy and peaceful hamlets, to wring agonizing t ears f r0 m widows and or- phans. Heroifm has a fpleudor that almofi: atones for its exceffes ; but what (hall we think of him, who, from the luxurious and daftardly fecurity in which he wallows at Verfailles? i fiiies with calm and cruel apathy his orders to butcher the Proteftants of Languedoc, or to ( 21 ) to lay in allies the villages of the Palatinate ? On the recollection of fuch fcenes, as a fcho- lar, I blufh for the proftitution of letters; as a man, I blufh for the patience of humanity. But the defpotiim of this reign was preg- nant with the great events which have figna- lizecl our age. It foftered that literature which was one day deifined to deftroy it. Its pro- fligate conquefts have eventually proved the acquifitions of humanity; and the ufurpations of Louis XIV. have ierved only to add a larger portion to the great body of freemen. The fpirit of its policy was inherited by the fucceeding reign. The rage cf conqueft, re- prefTed for a while by the torpid delpotiim of Fleury, burn 1 forth with renovated violence in the latter part of the reign of Louis XV. France, exhaufted alike by the misfortunes of one war and the victories of another, groaned under a weight of imooft and debt, which it equally difficult to remedy or to endure. B 3 The ( 2a ) The profligate expedients were exhautled by which fuccefiive Minifiers had attempted to avert the great crilis, in which the credit and power of the government mull; perifh. The wife and benevolent admmifTration of M. Turgot, though long enough for his glorv, was too fhort, and perhaps too early for thofe falutary and grand reforms which his genius J O vj had conceived, and his virtue would have ef- fected. The afpcct of purity and talent fpread a natural alarm among the minions of a Court,, and ihey caiily iucceeded in the expulllon of fuch rare and obnoxious intruders. The magnificent ambition of M. clc Ver- gennes, the brilliant, profufe and rapacious ca- reer of AT. de Calonnc, the feeble and irrefo- lute violence or M. Brienne, all contributed their mare to iwell this financial embarrafY- r riant. The ccjiat, or inferiority of the re- .--. : .'. to toe expenditure, at length rofe to the ( *3 > the enormous fum or" 115 millions of livres, or about 4,750,000/. annually*. This was a difproportion between income and expence with which no government, and no individual, could lone; continue to exiit. In this exigency there was no expedient left, but to guarantee the ruined credit of bankrupt defpotifm by the (auction of the na- tional voice. The States General were a dan- gerous mode of collectino; it. Recourfe was therefore had to the Aflembly of the Not- j, a mode well known in the hiftory of France, in which the King fummoned a number of individuals, {elected, at his difcre- '" For this we have the authority ot M. de Calonne him- felf. See his late publication, page 56. This was the account prefented to the Notables in April, 1 7C7. I le, indeed, makes fome- deductions on account of part of this cL fu.i being cx- pirable. But this is of no confequence to our purpole, vvhich is to view the influence ot the prcfiiit urgency, the political, not the finrincial (late oi' the queflion. B t tion, ( 24 ) tion, from the mafs, to adviie him in great emergencies. They were little better than a popular Privy Council. They were neither recognized nor protected by law. Their pre- carious and fubordinate e:;iitence hung on the nod of defpotiim. The..' were called together by M. Calorme, who Iras now the inconfiirent arrogance to boaft of the fchemes which he laid before them, as the model of the AfTembly whom he trainees. He propofed, it is true, the equalization of import, an;! the abolition of the pecuniary exenw:dons of the Nobility and C\, - ;i /; :.. .1 the diilcrcnce between his fyftem and' t:. at or the Mlemlfiy, is onlv in what make." fa: lole dntmeaon in human actions lis cud. Jth would have clei'troyed the privi- ' ..: Orders, as (fallacies to defpotifm. T'hev have denroyed them, as derogations from frcv-dom. The o i oi b;s plans was to fa- ef sac Vifccil oj-^ieiiiOn. The motive of i 'heirs ( 25 ) is to fortify general liberty. They have levelled all Frenchmen as men he would have level- led them all as flaves. The Aflembly of the Notables, however, foon give a memorable proof, how dangerous are all public meetings of men, even without legal powers of controul, to the permanence cfdefpotifm. They had been aflemblcd bv M. Calonnc to admire the plausibility and fplendour of his fpcculations, and to veil the extent and atrocity of his rapine. But the fallacy of the one, and the profligacy of the other, were detected with equal eafe. Illuf- trious a:id accomplished orators, who have fincc found a nobler Iphere for their talents, hi .1 more free and powerful Aflembly, cx- pofed this plunderer to the Notables. Detefted bv the Nobles and Clergy, of whole privi- ieees he had fu7s;cftcd the abolition ; under- mined in the favour of the Queen, bv his e.t;.:ck on one of her favourites (Bretcuil) ; expo led ( 26 ) exposed to the fury of the people, and dreading the terrors of judicial profecution, he fpeedily fought refuge in England, without the recol- lection of one virtue, or the applaufe of one party, to confole his retreat*. Tin:." did the Notables deitroy their creator Little appeared to be done to a iuperficia obferver ; but to a diicerning eye, all was done; for the dethroned authority of Public opinion was restored. The Succeeding Mini- itc;-;--, uniiiftructed by the example of their prcdcceiTers, by the deftruclion of Public dit, and tlic iermentation of the popular :rdnd, hazarded meafures of a frill more pre- I offerou? and ] erilous defcription. The ufur- ,,.;! :i oi 1 >mc (hare in : hc Sovereignty by the iV.:-] lament o; Pari; hatl become popular arid .;,.'. e, oceanic :. tendency was iiieful, " . '" >or. t-?o, C\ :. torn. i. p. i^- ( 27 ) and its exercife virtuous. That body had, as it is well known, claimed a right, which, in fact, amounted to a negative on all the acts of the Kins;. They contended, that their re- sifterinp" his Edicts was necefiarvto irive them force. They would, in that cafe, have pof- fefled the lame marc of legiflation with the King of England. It is unneceflary to defcant on the hiftorical fallacy, and political incxpediencv, of doc- trines, which ihould veft in a narrow arifto- cracy of lawyers, who had bought their places, fuch extenfive powers. It cannot be denied that their refinance had often proved ialntaiy, and was forae feeble check on the capricious wantonncis of defpotic exaction. But the temerity of the Miniiter now afiigned them a more important part. They refuted to regifter two edicts for the creation of im- ports. They averred, that the power oi im- paling taxes was vcfted onlv in the National Reprefentatives, ( 28 ) Reprefentatives, and they claimed the imme- diate convocation of the States General of the kingdom. The Miniifer banifhed them to Troyes. But he loon found how much the French were changed from that abject and frivolous people, which had io often endured the exile of its magiilrates. Paris exhibited the tumult and clamour of a London mob. The cabinet, which could neither advance nor recede with iafety, had recourfe to the expedient of a comoiiliory re Qiil ration. The Duke of Orleans, and the magiflrates who protected again ft this execrable mockery, were exiled or impriioutd. But all thefe hacknied expedients of defbotiim were in vain. Thefe frxuggles, which merit notice only as they illuflrate the progreihve energy of Public opi- nion, were followed by events full lefs equi- vocal. Lcitrcs dc Cachet were illucd ao;ainft M. M. d'Eprcfmenil ^ Goejiard. They took, rcfuce in the faiichaary of juilice, and the Par- liament ( 29 ) liament pronounced them under the fafeguard of the law and the King. A deputation was fent to Verfailles, to intreat his Majefty to liften to (age counfels. Paris expected, with impatient folicitude, the refult of this deputa- tion : when towards midnight, a body of 2000 troops marched to the palace were the Par- liament were ieated, and their Commander, entering into the Court of Peers, demanded his victims. A loud and unanimous acclama- tion replied, " We are all (TILprefmenil ^ ii GocjlardV Thcfe masillrates lurrendered themfelves, and the fatellite of defpotifm led them off in triumph, amid the execrations of an aroufed and indignant people, Thcfe fpc cracks were not without their ef- fect. 1 he i-jirit of refinance fnread daily over France. The intermediate commiflion of the States of Bretagnc, the States of Dauphine. and many other public bodies, began to affume a new and menacing tone. The Cabinet cl i T- iolved ( 3 ) folved in its own feeblenefs, and M. Neckar was recalled. That Miniiter, probably up- right, and not illiberal, but narrow, pufillani- mous, and entangled by the habits of detail* in which he had been reared, pofTeiTed not that erect and intrepid fpirit, thole enlarged and original views, which adapt themfelves to new combinations of circumftances, and fway in the great convulfions of human affairs. Accuflomcd to the tranquil accuracy of com- merce, or the elegant amufements of litera- ture, he was, " called on to ride in the whirl- wind, and direct, the florin." He feemed fu- perior to his privacy while he was limited * The late celebrated Dr. Adam Smith, always held this opinion of Neckar, whom he had known intimately when a Banker in Paris. He predicted the fall of his fame when his talents fhould be brought to the toft, and always empha- tically' laid, " He is hut a man of detail." At a time when the commercial abilities oi Mr. Eden, the prefent .Lore- Auckland, were the theme of profufe eulogy, Dr. Smith characterized him in the lame words, ( 3' ) to it, and would have been adjudged by hiftoi) equal to his elevation had he never been ele- vated *. The reputation of few men, it is true, has been expofed to lb ieverc a tefl ; and a generous obferver will be difpofed to fcrutinize lefs rigidly the claims of a Statef- man, who has retired with the applaufe of no party, who is detefted by the ariilocracy as the instrument of their ruin, and defpifed by the democratic leaders for pufillanimous and fluctuating policy. But had the character of M. Neckar pof- feffed more originality or deciiion, it could have had little influence on the fate of France, The minis of men had received an impulfe. Individual aid and individual opposition were equally vain. His views, no doubt, extended only to palliation ; but he was involved in a ' Alajor Privato zilfus dam prlvatas fait & omnium con- /-./.< iitpax Imperil n'.fi ImpcraJJct. Tac, 11 ream ( r- ") ftream of opinions and events, of which no force could refill: the cun-ent, and no wifdoni adequately predict the termination. He is re- prefented by M. Calonne as the Lord Sunder- land of Louis XVJ. feducins; the Kins: to de- ftroy his own power. But he had neither ge- nius nor boldnefs for fuch deiigns. To return to our rapid furvey. -The Au- tumn of 1788 was peculiarly diftinguimed by the enlightened and difmterefled patriotifm of the States of Dauphine. They furnimedj in many refpecls, a model for the future Se- nate of France. Like them they deliberated amidft the terrors of minifterial vengeance and military execution. They annihilated the ab- iurd and deftruclive defiincliou of Orders, the three cilates were melted into a Provincial Af- fembly; and they declared, that the right of impofing taxes refided ultimately in the States General of France. They voted a deputation to the King to folicit the convocation of that Aflembly* ( 33 ) AfTembly. They were emuloufly imitated by all the provinces that ftill retained the fhadow of Provincial States. The States of Lan* guedoc, of Vela)-, and Vivarois, the Tiers Etat of Provence, and all the Municipalities of Bretagne, adopted fimilar reiolutions. In Provence and Bretagne, where the Nobles and Clergy, trembling for their privileges, jnd the Parliaments for their jurifdiction, at- tempted a feeble refinance, the fermentation was peculiarly ih'ong. Seme eiHmate of the fervor of public fentiment may be formed from the reception of the Count de Mirabeau in his native Province, where the BurgefFes of Aix affirmed him a body- tion of thought, and the frequency of thofe numerous afTemblies, where men learn their force, and compare their wrongs*, ever make a great capital the heart that circulates emo- tion and opinion to the extremities of an em- pire. No fooner had the convocation of the States General been announced, than the batteries of the prefs were opened. Pamphlet fucceeded pamphlet, furpafiing each other in boldnefs and elevation; and the advance of Paris to li^ht and freedom wac greater in three months than it had been in almoft as many centuries. * Coift < iriji , .: isi .-.:./ f>: -clinch accendere. Tac. C v Doctrines ( 3') Doctrines* were univerfally received in. May, which in January would have been deemed treafonable, and which in March were derided as the viiions of a few deluded fanatics. It was amid this rapid difFunon of light, and increafing fervor of public fentiment, that the States General of France affembled at Verfailles on the 5th of May, 1 789 ; a day which will probably be accounted by pofte- rity one of the moil memorable in the annals of the human race. Any detail of the parade * The principles of freedom had long been underftood 8 perhaps better than in any country of the world, by the phiiofophers of France. It was as natural that they fhoukl have been more diligently cultivated in that kingdom than in England, as that the feience of medicine fhould be Mi understood and valued among fimple and vigorous, than among luxurious and enfeebled nations. But the progrefs which we have noticed was among the lefs inftructed part of fociety, and ( 39 and ceremonial of their Afiembly would be totally foreign to cur purpofe, which is not to narrate events, but to fcize their fpirit, and to mark their influence on the political pro- orefs from which the Revolution was to arife. The preliminary operation neceffary to confli- tute the Afiembly gave rife to the fir ft great JO o queftion The mode of authenticating the commifiions of the Deputies. It was con- tended by the Clergy and Nobles, that ac- cording; to ancient ufage, each Order mould feparatelv fcrutinize and authenticate the com- mifiions of its own Deputies. It was argued by the Commons, that, on general principles, all Orders, having an equal intereft. in the purity of the national reprefentative, had an equal right to take cognizance of the authen- ticity of the commifiions of all the members who compofe it, and therefore to fcrutinize them in common. To the authority of pre- cedent it was anfvvered, that it would eftablifh too much : for in the ancient States, their ex- ( ' i animation ( 40 ) amination of powers was Subordinate to the reviiioii of Royal Commiflaries, a fubje&ion too degrading and injurious for the free and vigilant fpirit of an enlightened age. This controversy involved another of more magni- tude and importance. If the Orders united hi this fcrutiny, they were likely to continue 111 one Afiembly ; the feparate voices of the two fir ft Orders would be annihilated, and the im- portance of the Nobility and Clergy reduced to that of their individual fuffragcs. This great Revolution was obvioufly medU tatcd by the leaders of the Commons. They were Seconded in the Chamber of the No- blelTe bv a minority eminentlv diftingaufhed for rank, character, and talent. The ohiure and ufeful portion of the Clergy were, from their Situation, acceffible to popular fentiment, and naturally coaieiccd with the Commons.' Many who favoured the dhijion of the Legis- lature in the ordinary arrangements of Go- vernment, ( 4i ) yerament, were convinced that the grand and radical reforms, which the fituation of France demanded, could only be affected by its union as one A (Terribly*. So many prejudices were to be vanquished, fo many difficulties to be furmounted, fuch obftinate habits to be extir- pated, and fo formidable a power to be re- * 111 n'eft pas douteux que pour aujourd'hui, que pour *' cctte premiere tenue une Ciiambre Unique n'ait ete " preferable & peut-etre nccejfaire. II y avoit tant Jc diffi- ** cultes a furmonter, tant de prejuges a vaincre, tant de *' facrifices a faire, de fi vieilles habitudes a deraciner, une l ' puifTance fi forte a contenir, en un mot, tant a detruire & *' prefque tout a crccr" " Ce nouvel ordre de chofes que c ' vcus avez fait eclore, tout cela vous en etes bien furs n'a '' jamais pu naitre que dela reunion de tuutes les perfonnes, *' de tons le fentiments, 6c de tous les cceurs." Difcours de M. tally Tolcndahl a CAjJcmblee Rationale, 3 1 Aout, 1789, dans fes Pieces Jujlifieanfs, p. 105 6. This pal- fage is in more than one refpedt remarkable. It fully evinces the convi&ion of the Author, tbat changes were neceffary great enough to delerve the name of a Revolution ; and, confidering the refpecl of Mr. Burke for his authority, ought to have weight with him. filled, ( 4* ) lifted, that there was an obvious neceffity to concentrate the force of the reforming body. In a great Revolution, every expedient ought to facilitate change. In an eflablimed Go- \-ernment, everv thing; ought to render it dif- ficult. Hence the divifion of a Ligiflature, which in an eilablifhed Government, may give a beneficial frability to the laws, mufr, in a moment of Revolution, be proportionally injurious, by fortifying abufe and unnerving reform. In a Revolution, the enemies of freedom are external, and all powers are there- fore to be united. Under an eftablifhment her enemies are internal, and power is there- fore to be divided. But befides this general confideration, the flate of France furniihed others of more lo- cal and temporary cogency. The States Ge- neral, acting by feparate Orders, were a body from which no fubftantial reform could be hoped. The two nrft Orders were interefted in ( 43 ) %i\ the perpetuity of every abufe that was to be reformed. Their pofTeflion of two equal and independent voices muff, have rendered the exertions of the Commons impotent and nugatory, and a colluhon between the Af- lembly and the Crown would probably have limited its illufive reforms to fome forry pal- liatives, the price of financial difembarrafT- ment. The flate of a nation lulled into com- placent fervitude by fuch petty conceffions, is far more hopelefs than the ftate of thofe who groan under the mofr. galling hope of defpotifm, and the condition of France would have been more irremediable than ever. Such reafonings produced an univerfal conviction, that the quefHon, whether the States General were to vote individually, or in Orders, was a quefHon, whether they were or were not to produce any important benefit. Guided by thefe views, and animated by public fupport, the Commons adhered inflexibly to their prin- ciple of incorporating the three Orders. They adopted ( 44 ) adopted a provifory organization, but ftudi- oufly declined whatever might feem to fup- pofe legal exiftence, or to arrogate conftitu- tional powers. The Nobles, lels politic or timid, declared themfelves a legally confti- tuted Order, and proceeded to difcufs the great objects of their convocation. The Clergy affected to preferve a mediatorial character, and to conciliate the difcordant claims of the two hoftile Orders. The Commons, faithful to their fyftem, remained in a wife and maf- terly inactivity, which tacitly reproached the arrogant afiumption of the Nobles, while it left no pretext to calumniate their own con- duel; ; gave time for the encreafe of popular fervor, and diiTreffed the Court by the delay of financial aid. Several conciliatory plans were propofed by the Minifter, and rejected by the haughtinefs of the Nobility and the policy of i'r: Commons. Thus ( 45 ) Thus parTed the period between the 5th of May and the 12th of June, when the popular leaders, animated by public lupport, and con- fcious of the maturity of their iehemes, af- iumed a more refolute tone. The Third Efhte commenced the fcrutiny of commiflions, iummc:?cd the Nobles and Clergy to repair to the Hall of the States General, and reielved that the abfenceofthe Deputies of feme diftricls and claiTes of citi- zens could not preclude them, who formed the reprefentatives of ninety-fix hundred parts of the nation, from conltituting thcmfelves into : National Affcmbly. Thefc deciiive meafures betrayed the de- figns of the Court, and fully illuftrate that bounty and liberality for which Lewis XVL Iras been io idly celebrated. That feeble Prince, whofe public character varied with every fluctuation in his Cabinet, the mftru- ment ( 4 ) ment alike of the ambition of Vcrgennes, the prodigality of Calonne, and the oftentatious popularity of Neckar, had hitherto yielded to the embarrafTment of the finances, and the clamor of the people. The cabal that re- tained its afcendant over his mind, permitted conceflions which they hoped to make vain, and flattered themfelves with frnfr rating, by the context, of ftru soling Orders, all idea of 'JO O ' fubftantial reform. No fooner did the Al~ fembly betray any fymptom of activity and vigor, than their alarms became confpicuous in the Roval conduct. The Comte d'Artois, and the other Princes of the Blood, publiihed the boldeft manifestoes againft the Aflembly; the credit of M. Neckar at Court declined everv dav ; the Rovalifts in the Chamber of the Noblcffe fpoke of nothing lcfs than an impeachment of the Commons for high-trea- fon, and an immediate difioiution of the States ; a vaft military force and a tremendous artillery were collected from all parts of the kingdom towards ( 47 ) towards Verfailles and Paris, and under thefe menacing and inaufpicious circumflances, the meeting of the States General was pro- hibited by the King's order till a Royal Sef- fion, which was deflined for the 2 2d but held on the 23d of June. The Commons, on repairing to their Hall on the 20th, found it inverted with foldiers, and themfelves ex 4 eluded from it by the point of the bayonet. They were fummoned by their Prelldent to a tennis -Court, where they were reduced to hold their affembly, and which they rendered famous as the fcene of their unanimous and memorable oath, never to feparate -till they had atchieved the regeneration of France, The Royal Se/Jion thus announced, corre- fponded with the new tone of the Court. Its exterior was marked by the gloomy and fero- cious haughtinefs of defpotifm. The Royal puppet was now evidently moved by different perfons from thole who had prompted its 1 pecCii ( 48 ) fpeech at the opening of the States. He pro-' bably fpoke both with the fame fpirit and the fame heart, and felt as little firmnefs under the cloak of arrogance, as he had been con- fcious of fenfibility amidft his profefiions of affection. He was probably as feeble in the one as he had been cold in the other ; but his language is fome criterion of the fyflemofhis prompters. This fpeech was diitinguiihcd by infultiflg Condeiceniion and oftentatious menace. He fpoke not as the Chief of a free nation to its fovereio;n Leeiflaturc, but as a Sultan to his Divan. He annulled and prefcribed delibera- tions at pleafure. He affected to reprefent his will as the rule of their conduct, mid his bounty as the fource of their freedom. Nor was the matter of his harangue lefs injurious than its manner was offentive. Inftcad of containing any conceffion important to public hbertv, it indicated a relapfe into a more lofty defpotifni ( 49 ) defpotifm than had before marked his preten- fions. Tithes, feudal, and feignorial rights, he confecrated as the moft inviolable pro- perty ; and of Lettres de Cachet themfelves, by recommending the regulation, he obvi- oufly condemned the abolition. The diitinction of Orders he confidered as effcntial to the Conflitution of the kingdom, and their pre- ient union as only legitimate by his permif- fion. He concluded with commanding them to feparate, and to affemble on the next day in the Halls of their refpective Orders. The Commons, however, inflexibly ad- hering to their principles, and conceiving themfelves conftituted as a National Affem- bly, treated thefe threats and injunctions with, equal neglect. They remained afTembled in the Hall, which the other Orders had quitted, in obedience to the Royal command ; and when the Marquis de Breze, the King's Maf- ter of Ceremonies, reminded them of his D Majefty's ( 50 ) Majefty's orders, he was anfwered by M. Eaiii:, with Spartan energy, " The Nation " affembled has no Orders to receive." They proceeded tapafs refclutions declaratory of adherence to their former decrees, and of the perfonal inviolability of the members. The Royal Seffion, which the Ariftocratic party had expected with iuch triumph and confidence, proved the ievereir. blow to their caufe. Forty-nine members of the Nobility, at the head of whom was M. de Clermont Tonnerre, repaired on the 26th of June to the Affembly*. The popular enthuliafm was inflamed to iuch a degree, that alarms were either felt or affected, for the fafety of the Kins:, if the Union of Orders was delayed. The union was accordingly reiolved on, and * It defcrves remark, ihrt in this number were Noble - n 1 ti w ;>" have ever been ccniidered as of the moderate party. Of the. j mav be mentioned M. M. Lally, Viricu, and Clermont To:mene, none of whom certainlv can be ac- ,- fed of democratic enthufiafm. the ( 5' ) the Duke of Luxemburg, Proficient of the Nobility, was authorized by his Majeily to announce to his Order the requeft. and even command of the King, to unite themfelves with the other Orders. He remonftrated with the King on the fatal confequences of this ftep. The Nobility, he remarked, were not fighting their own battles, but thofe of the Crown. The iupport of the Monarchy was infcperably connected with the divifion of the States Ge- neral. Divided, that body was fubject to the Crown united, its authority was fovereign, and its force irrefiftible*. The King was not, however, maken by thefe considerations, and on the following day, in an official letter to the Preiidents of the Nobility and Clerg-y, he notified his pleaiure. A gloomy and re- Thefe remarks of M. tie Luxemburg are equivalent to a thoufand defenfes of the Revolutionists again ft Mr. Burke. Thev unanfwerably prove that the divifion of Orders was Supported only as necefTary to pal fy the efFcrts of the Legislature againft the Defpotifm. D 2 luchnt ( 5* ) luctant obedience was yielded to this man- date, and the union of the National Repre- fentatives at length promifed fome hope to France. But the general fyftem of the Government formed a fufpicious and tremendous contraft with this applauded conceffion. New hordes of foreign mercenaries were fummoned to the blockade of Paris and Verfailles, from the remoteft provinces ; an immenfe train of artillery was difpofed in all the avenues of thefe cities ; and feventy thoufand men already in- verted the Legiflature and Capital of France, when the laft blow was hazarded ao-ainft. the public hopes, by the ignominious banifhment of M. Neckar. Events followed the moll: unexampled and memorable in the annals of mankind, which hiftory will record and im- mortalize, but, on which, the object of the political rcafoner is onlv to fpeculate. France was on the brink of civil war. The Prq- vincc^ ( 53 ) vinces were ready to march immenfe bodies to the refcue of their Reprefentatives. The Courtiers and their minions, Princes and Princefles, male and female favorites, crowded to the camps with which they had inverted Verfailles, and ftimulated the ferocious cruelty of their mercenaries, by carefles, by largefTes, and by promifes. Mean time the people of Paris revolted, the French foldiery felt that they were citizens, and the fabric of Defpo- tifm fell to the ground. Thefe foldiers, whom pofterity will cele- brate for patriotic heroifm, are ftigmatized by Mr. Burke as " bale hireling deferters," who fold their King for an increafe of pay*. * Mr. Burke is fanctioned in this opinion by an autho- rity not the mofr. reipectable, that of his late countryman Count Dalton, Commander of the Auftrian troops in the Netherlands. In September, 1789, he addreffed the Regiment dc Llgne, at BrurTels, in thefe terms, " J'efpere que vous '* n'imiterex jamais ces laches Francois qui ont abandonne " Ieur Souverain !" D 3 This ( 54 ) This portion he every where afTerts or infl- nuates ; but nothing fccms more falfe. Had the defection been confined to Paris, there might have been fome fpecioufnefs in the ac- cufation. The Exchequer of a faction might have been equal to the corruption of the guards. The activity of intrigue might have feduced by promiie, the troops cantoned in the neighbourhood of the capital. But what policy, or fortune, could pervade by their agents, or donatives, an army of 150,000 men, difperfed over fo great a monarchy as France. The fpirit of refiftance to uncivic commands broke forth at once in every part of the empire. The garrifons of the cities of Rennes, Bourdeaux, Lyons, and Grenoble, refufed, almofl at the fame moment, to refill the virtuous infurreclion of their fellow citi- zens. No largefTes could have feduced, no intrigues could have reached i'o vail and di- vided a body. Nothing but fympathy with the national fpirit could have produced their noble ( 55 ) noble di (obedience. The remark of Mr. Hume is here moil applicable, that what de- pends on a flw may be often attributed to chance (fcci'et clrcumftances) but that the ac- tions of great bodies muff, be ever afcribed to general caufes. It. was the appreheniion of Montejquieu, that the fpirit of increafing ar- mies would terminate in converting Europe into an immenfe camp, in changing our arti- zans and cultivators into military lavages, and reviving the age of Attila and Genghis. Events are our preceptors, and France has taught us that this evil contains in itfelf its own remedy and limit. A domeftic army can- not be increafed without increafing the num- ber of its ties with the people, and of the channels by which popular fentiment may enter. Every man who is added to the army is a new link that unites it to the nation. If ail citizens were compelled to become foldiers, all foldiers mull of ncceflity adopt the feelings of citizens, and the defpots cannot increase their D 4 army ( 56 ) army without admitting into it a greater number of men interested to deftroy them. A fmall army may have fentiments different from the great body of the people, and no in- tcreft in common with them, but a numerous foldiery cannot. This is the barrier which Nature has oppofed to the increafe of armies. They cannot be numerous enough to enflave the people, without becoming the people it- felf. The effects of this truth have been hi- therto confpicuous only in the military defec- tion of France, becaufe the enlightened fenfe of general interefr. has been fo much more diffufed in that nation than in any other de- fpotic monarchy of Europe. But they mufl be felt by all. An elaborate difcipline may for a while in Germany debafe and brutalize foldiers too much to receive any imprefiions from their fellow men artificial and local in- ftitutions are, however, too feeble to refill: the energy of natural caufes. The conftitution of man furvives the tranfient fafhions of def- potifm, ( 57 ) potifm, and the hiftory of the next century will probably evince on how frail and totter- ing a bails the military tyrannies of Europe ftand. The pretended feduction of the French troops by the promife of the increafed pay, i-s in evcrv view contradicted by facts. This in- creafe of pay did not originate in the Af- fembly. It was not therefore any part of their policy It was prefcribed to them by the inftructions of their conftituents, before the meeting: of the States*. It could not there- fore be the project of any cabal of demagogues to feduce the army ; it was the decifive and unanimous voice of the nation, and if there was any confpiracy, it mufr. have been that f the people. What had the demagogues * I appeal to M. Calonne, as an authority beyond fuf- picion on this iubje6t. See his Summary of the Caihcrs, ot in illusions. Art 73. " L' Augmentation de la Pale du ' Scldat." Calonne, p. 390, to ( 53 ) to offer. The foldiery knew that the States mud, in obedience to their inftruetions, in- creafe their pay. An increafe of pay there- fore, was no temptation to fell their King, for of that they felt themfelves already fecure, as the national voice had prefcribed it. It was in fact a neceflary part of the fyflem which was to raife the army to a budy of refpectable citizens, from a gang of mendicant ruffians. It mufl infallibly operate to limit the in- creafe of armies in the north. This influence has been already felt in the Netherlands, which fortune feems to have reftored to Leopold, that they might furnifh a fchool of revolt to German foldicrs. The Auftrian troops have there murmured at their compa- rative indigence, and fupported their plea for increafe of pay by the example of France. The fame example mull operate on the other armies of Europe. The folicitations of armed petitioners mufl be heard. The indigent de- fpots ( 59 ) fpots of Germany and the North will feel a limit to their military ra^e, in the fcantinefs of their Exchequer. They will be compelled to reduce the number, and increafe the pay of their armies, and a new barrier will be op- pofed to the progrefs of that depopulation and barbarifm, which philofophers had dreaded from the rapid increafe of military force. Thefe remarks on the fpirit which actuated the French armv in their unexampled, mif- conceived, and calumniated conduct, are pe- culiarly important, as they ierve to illuftrate a principle, which cannot too frequently be p relented to view, that in the French Revo- lution all is to be attributed to General caufes influencing the whole body of the people, and fllmoil nothing to the fchemes and the afcen- riant of individuals. But to return to our rapid (ketch. It was at the moment of the Parifian revolt, and of the defection of the army, that the whole power ( 6o ) power of France devolved on the National Affembly. It is at that moment, therefore, that the difcufiion commences, whether that body ought to have re~efrablifhed and re- formed the Government which events had fab- verted, or to have proceeded to the emibliih- ment of a new Constitution, on the general principles of reafon and freedom. The arm of the ancient Government had been palfied, and its power reduced to formality, by events over which the Affembly poiTefTed no con- troul. It was theirs to decide, not whether the monarchy was to be iubverted, for that had been already effected, but whether, from its ruins, fragments were to be collected for the re-conilrucuon of the political edifice. Thev had been affembled as an ordinary Legiflature under exilting laws. They were transform ; 1 by thefe events into a National Convention, and vefled with powers to oreanize a Government. It is in vain that their ( 6i ) their adverfaries conteft. this affertion, by ap- pealing to the deficiency of forms'*. It is in vain to demand the les:al inftrument that changed their Conflitution, and extended their powers. Accurate forms in the convey- ance of power are prefcribed by the wifdom of law, in the regular administration of States. But great Revolutions are too im- menfe for technical formality. All the fanc- tion that can be hoped for in fuch events, is the voice of the people, however informally and irregularly exprelTed. This cannot ' be This circumftanee is fhortly ftated by Mr. Burke, v ' I can never eonfider this Affembly as any thing elfe than *' a voluntary afibciation of men, who have availed them- ** felves of circum fiances to feize upon the power of the " State. They do not hold the authority they exercife un- ' 4 der any Conftitutional law of the State. They have de- *' parted from the inftru&ions of the people that fent them, t; &c." Burke, p. 242 3. The fame argument is treated by M. Calonne, in an expanded memorial of 44 pages* apainit the pretentions of the Affembly to be a convention, with much unavailing ingenuity and labour,- See his Work from p. 314 to 358. ( & ) pretended to have been wanting in France* Every other fbecies of authority was annihi- lated by popular acts, but that of the States General. On them, therefore, devolved the duty of exercifing their unlimited* truit, ac~ * A diflin&ion made by Mr. Burke between the abftraSt and moral competency of a Legiflature (p. 27) has been much extolled by his admirers. To me it feems only a novel and objectionable mode of diflinguiming between a right and the expediency of ufing it. But the mode of illus- trating the distinction is far more pernicious than a mere novelty of phrafe. This moral competence is iubject, lays our author, to " faith, juftice, and fixed fundamental po- " licy." Thus illuftrated, the diftinction appears liable tc a double objection, It is falfe that the abfratl competence of a Legiflature extends to the violation of faith and juftice. It is falfe that its motet:, competence does not extend to the mofr fundamental policy, and thus to confound fundamental policy with faith and juftice, tor tl ^ fake of Stigmatizing innovators, is to flab the vitals of morality. There is only one maxim of policy truly fundamental the good of the go- verned and the (lability ot that maxim, rightly underftcod, demonstrates the mutability of all policy that is Subordinate to it. cording ( 63 ) cording!: to their heft views of general intereft. Their enemies have, even in their invectives, confefled the fubfequent adherence of the people, for they have inveighed againft it as the infatuation of a dire fanaticifm. The au- thority of the Aflembly was then flril con- ferred on it by public confidence, and its acts have been fince ratified by public approbation. Nothing can betray a difpofition to puny and technical fophiirry more lirongly, than to ob- ferve with M. Calonne, that this ratification, to be valid, ought to have been made by France, not in her new organization of mu- nicipalities, but in her ancient divifion of bailliages and provinces. The fame indivi- duals act in both forms. The approbation of the men legitimates the Government. It is of no importance, whether they are affembled as bailliages, or as municipalities. If this latitude of informality, this fubjection of laws to their principle, and of Government to its iource, are not permitted in Revolutions, ( 64 ) how are we to juftify the afTumed authority of the Englifh Convention of 1688 ? " They *' did not hold the authority they exercifed '* under any conftitutional law of the State." They were not even legally elected , as, it muft be confefTed, was the cafe with the French Afc fembly. An evident though irregular ratifi- cation by the people, alone legitimated their acts. Yet they pofTefTed, by the confeffion of Mr. Burke, an authority only limited by pru- dence and virtue. Had the people of Eng- land given injirudlions to the Members of that Convention, its ultimate meafures would pro- bably have departed as much from them as the French AiTembly have deviated from thofe of their conflituents, and the public acquiefcence in the deviation would, in all likelihood, have Veen the fame. It will be conferTed by any man who has confidered the public temper of England at the landing of William, that the majority of thofe inftructious would not have proceeded to ( &5 ) to the deposition of James. The firft afped of thefe great changes perplexes and intimi- dates men too much for juft views and bold refolutions. It is by the progrefs of events that their hopes arc emboldened, and their views enlarged. This influence was felt in France. The people, in an advanced period of the Revolu- tion, virtually recalled the inftrucf.ions by which the feeblenefs of their political infancy had limited the power of their Reprefenta- tives ; fjr they {auctioned acts by which thofe inirrucdons were contradicted. The forma- lity of inftructions was indeed wanting in Englaud, but the change of public ientiment, from the opening of the Convention to its ul- timate decition, was as remarkable as the contrail: which, has been io oltentatioufly dif,;laved bv M. Calonne, between the dc- L.J crecs of the National AiTembly and the frit inilri;..: ;, :), of their conftitucnts* E Ti ( 66 ) Thus feeble are the objections againfr. the authority of the Aflembly. We now refume the confideration of its exercife, and proceed to enquire, whether they ought to have reformed, or deftroyed their Government ? The general queftion of inno- vation is an exhaufted common-place, to which the s;eniu3 of Mr. Burke has been able to add nothing but iplendor of eloquence and felicity of illuitration. It has long been fo notoriouily of this nature, that it is placed by Lord Bacon among the fportive contefts which are to exercife rhetorical (kill. No man will fupport the extreme on either fide. Perpe- tual change and immutable eflabliihment are equally indefenfible. To defcend therefore from thefe barren generalities to a more near view of the queftion, let us flate it more pre- cifelv. J fas the Civil Order m France corrigi- ble, or zvas it necejjary to deftroy it ? Not to mention the extirpation of the feudal fyflem, ayd ( 67 ) and the abrogation of the civil and criminal code, we have firfl to confider the deftruction of the three great corporations, of the Nobility, the Church, and the Parliaments. Thefe three Ariftocracies were the pillars which in fact formed the Government of France. The queflion then of forming or dejlroying thefe bodies is fundamental. There is one general principle applicable to them all adopted by the French Legiflators that the exigence of Orders is repugnant to the principles of the facial union. An Order is a legal rank, a body of men combined and endowed with privileges by law. There are two kinds of inequality, the one perfonal that of talent and virtue, the fource of whatever is excellent and admirable in fo- ciety the other that of fortune, which mult exift, becaufe property alone can ftimulatc to labour ; and labour, if it were not neceffary to the exigence, would be indifpenfible to the happinefs of man. But though it be necef- fary, yet, in its excefs it is the great malady E ? ot ( 63 ) of civil fociety. The accumulation of that power which is conferred by wealth in the 1 lands of the few, is the perpetual fource of oppreflion and neglecT: to the mais of man- kind. The power of the wealthy is farther concentrated by their tendency to combination^ from which, number, difperiion, indigence and ignorance equally preclude the poor. The wealthy are formed into bodies by their pro- feflions, their different degrees of opulence (called ranks,) their knowledge, and their fmall number. They necedarily in all coun- tries adminifter government, for they alone have Ikill and leifure for its functions. Thus circumftanced, nothing can be mere evident than their inevitable preponderance in the po- litical fcale. The preference of partial to general interests is however the created of all public evils. It mould therefore have been the olveel of all laws to reprcll, tins malady, but it has been their perpetual tendency to aggravate it. j\ot content with the mevit- *n k ( (") ) able Inequality of fortune, thev have fuperad- ded to it honorary and political distinctions. Not content with the inevitable tendency of the wealthy to combine, thev have embodied them in chiles. Thev have fortified thole confpiracies again It the general iiitercit, which they ought to have rcfifted, though they could not diiarm. Laws, it is find, can- not equalize men. No. But o right they for that reafbn to aggravate the ineoualitv which they cannot cure ? J ,a\\ s cannot infplre un- mixed Patriotifm But ought they for that reafon to foment that co> pvat'io n f'y'rii which is its molt ratal enemy : All nrofefhonal com- binations, laid Air. Burke, in one of his late fpeeches in Parliament, are dangerous in a free State. Arguing on the lame principle, the National Afiembly has proceeded further. They have conceived that t 1 ne laws ought to ' 'cciic no inequality o\ combination, to rear - uize all onlv in their capacity of citizens, and ( 70 ) to offer no am" fiance to the natural preponder- ance of partial over general interefl. But betides the s;eneral fource of hoftilitv to Orders, the particular circumftances of France prefented other objections, which it is necefTary to confider more in detail. It is in the fir ft place to be remarked, that all the bodies and inftitutions of the kingdom participated the fpirit of the ancient Govern- ment, and in that view were incapable of alli- ance with a free Conflitution. They were tainted by the defpotiim of which they were members or inflruments. Abfolute monar- chies, like every other conftftent and perma- nent government, aiTnrrdate every thing with which they are connected to their own ge- nius. The Nobility, the priefthood, the Judi- cial Ariftocracy, were unfit to be members of a free government, becaufe then- corporate' cha- racier had been formed under arbitrary efiab- lifhments. ( 7 ) lifhments. To have preferved thefe great corporations, would be to have retained the feeds of reviving defpotifm in the bofom of freedom. This remark may merit the atten- tion of Mr. Burke, as illuftrating an important difference between the French and En^lifh Revolutions. The Clergy, the Peerage, and Judicatures of England, had in fome degree the ientiments infpired by a Government in which freedom had been cclipfqd, but not ex- tinguifhed They were therefore qualified to partake of a more ftable and improved liberty. But the cafe of France was different. Thefe bodies had there imbibed every fentiment, and adopted every habit under arbitrary power. Their prefervation in England, and their de- ilruclion in France, may in this view bejuf- tified on fimilar grounds. It is abfurd to re- gard the Orders as remnants of that free con- ilitution which France, in common with the other Gothic nations of Europe, once enjoyed. Nothing remained of thefe ancient Orders E 4 but ( 72 ) but the name. The Nobility were no longer thole haughty and powerful Barons, who en- : . : 1 the. people and dictated to the King. - ae ( v-lofiaftics were no longer that Prieft- hoc:, before whom, in a benighted and fu- je. ititious age, all civil power was impotent :\\d mute. They have both dwindled into de- pendents on the crown. Still lefs do the opu- lent and enlightened Commons of France re- ferable its icivile and bewared nooulace in the JO J- fixteenth century. Two Hundred years of un- interrupted exercife had legitimated abfolute authority as much as prescription can confe- crate ufurpation. The ancient French Confti- tution was therefore no farther a model than that of any foreign nation, which was to be judged of alone by its utility, and poiTelTed in no refpeel the authority of eftablifhment. It had been fucceeded by another Government, and if France were to recur to a period ante- cedent to her fervitude for legiflative models, (he might as well afcend to the a;ra of Clovis or ( 73 ) or Charlemagne, as be regulated by the pre- cedents of Henry III. or Mary of Medicis. All thefe forms of government exifted only hijiorlcaily. Thefe obfervations include all the Orders. Let us confe'er each of them fuccefiively. The devotion of the Nobility of France to the Monarch was iiifpired equally by their fentiments, their interefts, and their habits. " The feudal and chivalrous fpirit of fealty," io long the prevailing paflioii of Europe, was ftill nourilhcd in their bofoms by the military fentiments from which it flrft arofc. The ma- jority of them had flill no profeffion but war. no hope but in Royal favor. The youthful and indigent Idled the camps ; the more onu- lent and mature partook the fplendor and bounty of the Court : But they were equally dependents on the Crown. To the plentitude of the Royal power were attached rhofc im- menfe and magnificent privileges, which dU vided ( 74 ) vided France into diftinct nations ; which ex- hibited a Nobility monopolizing the rewards and offices of the State, and a people degraded to political he lot if m*. Men do not cordially refign luch privileges, nor quickly difmifs the fentiments which they have infpired. The odentatious facrifice of pecuniary exemptions in a moment of general fermentation is a wretched criterion of their oenuine feelings. They afrected to bellow as a gift, what thev would have been fpeedily compelled to aban- don as an uiurpatlon, and they hoped by the facriiice of a part to purchafe fecurity for the reft. They have been moil: juftly ftated to he a band of political janljJaries*-\ far more valu- able to a Sultan than mercenaries, becaufe at- tached to him by unchangeable interefr. and in- deliable fentiment. Whether any reform could have extracted from this body a portion which * I fay />5/./T.i/iacontradiflinclioii to civil, for in the latter (en(c the 'affertion would have been untrue. L See Mr. Rous's excellent c ' Thoughts on Government." might ( 75 ) might have entered into the new confutation is a queflion which we fhall coniider when that political fyftem comes under our review. Their exigence, as a member of the Legifla- turc, is a queflion diiHncT: from their prefer- vation as a Separate Order, or great corpora- tion, in the State. A fenate of Nobles might have been cftablifhed, though the Order of the Nobilitv had been deftroyed, and England would then have been exactly copied. But it is of the Order that we now fpeak, for we are now confideriiig the deilruclion of the old not the formation of the new Government. The fuppreflion of Nobility has been in Eng- land moil abfurdly confounded with the pro- hibition of titles. The union of the Orders in one Alterably was the firfl flep towards the deiiruction of a ie^iflative Nobilitv. The abolition of their feudal rights, in the memo- rable fefiion of the 4th of Auguit, 1789, may be regarded as the fecond. They retained after theie meaiures no diitinctioii but what was ( 7* ) was purely nominal, and it remained to be de- termined what place they were to occupy in the new Confutation. That queftion was decided by the decree of the 2 2d of Decem- ber, in the fame year, which enacted, that the Electoral AfTembiies were to be compofed without any regard to rank, and that citizens of all Orders were to vote in them indifcrimi- nately. The distinction of Orders was de- ftroyed by this decree, the Nobility were to form no part of the new Conftitution, and they were {tripped of all that they had enjoy- ed under the old Government, but their titles. Hitherto all had paffed unnoticed, but no fooner did the AfTembly, faithful to their principles, proceed to extirpate the external figns of ranks, which they no longer tolerat- ed, then all Europe refounded with clamours againft their Utopian and levelling madnefs. The incredible* decree of the 19th of June, * So called by M. Calonnc. I 790^ ( 77 ) 1 7 9 j f r ^ e f u PP rc ffitt of titles, is the object of all thefe invectives, yet without that mca- fure the Ailemblv would ccrtainlv have been guilty of the groiTeir. inconfiftency and abfur- ditv. An untitled Nobility forming a mem- ber of the State, had been exemplified in iome Commonwealths of antiquity. Such were the Patricians in Rome. But a titled Nobi- bility, without legal privileges, or political exiftence, would have been a monfler new in the annals of legiflative abfurdity. The power was poflefled without the bauble by the Roman Ariftocracy. The bauble would have been reverenced, while the power was trampled on, if titles had been fpared in France. A titled Nobility, is the moil un- diluted progeny of feudal barbarifm. Titles had in all nations denoted offices, it was referv- ed for Gothic Europe to attach them to ranks, yet this conduct of our remote anceftors ad- mit;; explanation, for with them offices were hereditary, and hence the titles denoting them became ( 7* ) became hereditary too. But we, who have rejected hereditary office, retain an ufage to which it gave rife, and which it alone could juftify. So egregioufly is this recent origin of titled Nobility mifconceived, that it has been even pretended to be necefTary to the order and exigence of focietv : A narrow and arrogant bigotry, which would limit all political re- mark to the Gothic States of Europe, or ef- tablifh general principles on events that oc- cupy fo fhort a period of hiftory, and manners that have been adopted by fo (lender a portion of the human race. A titled Nobility, was equally unknown to the fplendid Monarchies of Alia, and to the manly fimplicity of the ancient Commonwealths'*. It arofe from Ariflocratic bodies did indeed cxift in the ancient world, hut title* were unkuown. Though they poffeiTed political privileges, yet as they did not affect the manners, they had not the fame inevitable tendency to taint the public cha- racter ( 79 ) the peculiar circumftances of modern Europe, and yet its neceiTity is now creeled on the ba- ils of univerfal experience, as if thefe other renowned and polifhed States were effaced from tiie records of hiilory, and baniihed from the iociety of nations. " Nobility is the Co- rinthian capital of polifhed ftates." The au- guft fabric of iociety is deformed and encum- bered by fuch Gothic ornaments. The maiTy Doric that fuftains it is Labour, and the iplendid variety of arts and talents that folacc and embellifh life, form the decorations of its Corinthian and Ionic capitals. Other motives befides the extirpation of feudality, difpofed the French Leeiilature to the fuppreffion of titles. To give liability rater as titular diftincYions. Thefe bodies too being in general open to property, or office > they are in no reipect tc be compared to the Nobles of Europe. They might affect the forms of free Government as much, but they did not in the lame proportion im'ure the Spirit of Freedom. t ( So ) to a popular Government, a democratic cha- racter mufr. be formed, and democratic fenti- ments infpired. The fentiment of equality which titular dift.incT.ions have, perhaps, more than any other caufe, extinguimed in Europe, and without which democratic forms are im- potent and lhort-lived, was to be revived : a free Government was to be eftablifhed, by carrying the fpirit of equality and freedom 2 nto the feelings, the manners, the mo ft familiar intercourfe of men. The badges of inequality, which were perpetually infpiring fentiments adverfe to the fpirit of the Govern- ment, were therefore deftroyed : Drftiiuitions which only lerved to unfit the Nobility for obedience, and the peo|"ie for freedom; to keep alive the difconte.it of the one, and to perpetuate the fervility of the other ; to de- prive the one of the moderation that links them into citizens, and to rob the other of the fpirit that exalts them into free men. A finple example can alone diipel inveterate pre- judices. ( Si ) judices. Thus thought our ancestors at tiic Revolution, when they deviated from the fuc- ceflion, to deftroy the prejudice of its fanctity. Thus alio did the Le They are onlv ordbiary expedients of legiflation. The pro- perty of individuals is eftablifhed en a getural principle , which feeros coeval with civil fociety itfelf. Bat ladies are inflxu- ments fabricated by the Legislator for a fpeclfic purpofe, which ought to be preferred while they are beneficial, amended when they are impaired, and rejected when they become ufelefs or injurious. nefices ( 9+ ) nefices of Germany, under the mediation and guarantee of the firft Catholic Powers of Europe. In our own ifland, on the abo- lition of epifcopacy in Scotland at the Revo- lution, the revenues of the Church peace- ably devolved on the Sovereign, and he de- voted a portion of them to the fupport of the new eftablimment. When, at a frill later period, the Jefuits were fupprefTed in moll Catholic Monarchies, the wealth of that for- midable and opulent body was every where feized by the Sovereign. In all thefe memo- rable examples no traces are to be difcovered of the pretended property of the Church. The falaries of a clafs of Public fervants are, in all thefe cafes, relumed by the State, when it ceafes to deem their fervice, or the mode of it, ufeful. It is in none of them recognized as property. That claim, now fo forcibly urged by M. Calonne, was probably little re- fpe&ed by him, when lie lent his agency to the deftruclion of the Jefuits with fuch pecu- liar ( 95 ) liar activity and rancor. The facrednefs of their property could not llrongly imprefs him, when he was inftrumental in degrading the members of that renowned and accomplifhed Society, the glory of Catholic Europe, from their fuperb endowments to fcanty and beg- garly penilons. In all thefe contefts, the in- violability of Church poffemons was a princi- ple that never made its appearance. A mur- mur of facrilege might, indeed, be heard among the fanatical or interefted few : But the religious horror in which the Priefthood had enveloped its robberies, had long been dispel- led, and it was referved for Mr. Burke to re- new that cry of facrilege, which, in the dark- nefs of the Sixteenth century, had rcfounded in vain. No man can be expected to oppofe arguments to epithets. When a definition of facrilege is given, confident with good logic and plain Englifh, it will be time enough to difcufs it. Till that definition (with the Greek Calends) comes, I mould as foon difpute about the ( 06 ) the meaning of facrilege as about that of herefy or witchraft. VI. The whole fubject is indeed fo evident, that little diverlity of opinion could have arifen, if the quefHon of church property had not been confounded with the claims of the pre* fent incumbents. The diftinetion, though neither ftated by Mr. Burke nor M. Calonne, is extremely iimple. The State is the pro- prietor of the Church revenues, but its faith, it may be faid, is pledged to thofe who have entered into the Church, for the continu- ance of thofe incomes, for which they aban* doned all other purfuits. The right of the State to arrange at its pleafure the revenues of any future Priefb may be confeiTed, while a doubt may be entertained, whether it is competent to change the fortune of thofe to whom it has folemnly promifed a certain in- come for life. But thefe diftinct fubjedls have been confounded, that fympathy with differing ( 97 ) fuffering individuals might influence opinion on a general queftion, that feeling for the degradation of its hierarchy might fupply the place of argument to eftablifh the property of the Church. To confider this iubject dif- tinclly it cannot be denied, that the mildeft, the moft equitable, and the mofh ufual expe- dient of polimed States in periods of emer- gency, is the reduction of the falaries of their fervants, and thefupprejjion of juperfluous places. This and no more has been done regarding the Church of France. Civil, naval, and military fervants of the State are fubjeel to fuch retrenchments in a moment of difficulty. They often cannot be effected without a wound to individuals* ; neither can the re- form of a civil office, nor the reduction of a regiment : But all men who enter into the public fervice muff do fo with the implied condition of fubjecling their emoluments, This is precifely the cafe of ii damnum ubfqut injuria" G and ( 98 ) and even their official exigence, to the exi- gencies of the State. The great grievance of fuch derangements is the (hock they give to family fentiments. This is precluded by the compulfory celibacy of the Romifh Church ; and when the debts of the Clergy are incor- porated with thofe of the State, and their fub- iiilence infured by moderate incomes, though fenfibilitv mav, in the leafc retrenchment, find fomewhat to lament, juftice will, in the whole of theie arrangements, diicover little to condemn. To the individual members of the Church of France, whole hopes and en- joyments have been abridged by this reiiimp- tion, no virtuous mind will refufe the tri- bute of its fympathy and its regrets. Every man of humanity mud with, that public ex- igencies had permitted the French Legifla- ture to fpare the income of prefent incum- bents, and more efpecially of thole whom they rtill continued in the difcharge of active functions. .But thefe fentiments imply no for row ( 99 ) furrow at the downfall of a great Corporation, the determined and implacable enemy of free- dom ; at the conversion of an immenfe pub- lic property to national ufe, nor at the reduc- tion of a fcrvile and imperious Priefthood to humble utility, as the moral and religious in- structors of mankind. The attainment of thefe great objects confole us for the portion of evil that was, perhaps, infeparable from them, and will be juftly admired by a poste- rity too remote to be moved by thefe minute afflictions, or to be afflicted by any thing but their general fplendor. The enlightened ob- iervcr of an age thus distant will contemplate with peculiar afroniShment, the rife, progrefs* decay, and downfall * of fpiritual power in Christian Europe. It will attract his atten- * Did we not dread the ridicule of political prediction, it would not feem difficult toafiign its period. Church power (unlets Come Revolution, aufpicious to Prieftcraft, fhould replunge Europe in ignorance) w r ill certainly net furvivft rite nineteenth century. G 2 tion tion as an appearance which ftands alone iij hiftory. Its connection in all ftages of its pro- grefs with the civil power will peculiarly oc- cupy his mind. He will remark the unpre- fuming humility by which it gradually gained the favour and divided the power of the Ma- gistrate; the haughty and defpotic tone in which it afterwards gave law to Sovereigns and fubjects ; the zeal with which, in the firfl defpcrate moments of decline, it armed the people againft the Magistrate, and aimed at re-eftablifhing fpiritual defpotifmon the ruins of civil order ; and the afylum which it at laft found acrainft the hostilities ofreafonin the perogatives of temporal defpotifm, of which it had fo long been the implacable foe. The firfl: and laft cf thele periods will prove, that the Priefthocd are fervilely devoted when they are weak. The fecond and third, that they are dangeroufly ambitious when ftrong. In a ftate of feeblenefs, they are dangerous to liberty ; ( 10! ) liberty; pofteffed of power, they are danger- ous to civil government itfelf. But the laft period of their progrefs will appear peculiarly connected with the ftate. of France. There was no protection for the opulence and ex- igence * of the European Priefthood in an enlightened period, but the Throne. It formed the onlv bulwark a^ainft the inroads of reafon : for the fu perdition which once formed their power was gone. Around the Throne therefore they rallied. To the Mo- narch thev transferred the devotion which had formerly attached them to the Church, and the fierceneis of prieflly -j- zeal was fucceed- ed in their boioms by the more peaceful fenti- ments of a courtly and polifhed fervility. Such is, in a greater or lefs degree, the prefent condi- tion of the Church in every nation of Europe ; yet France has been reproached for the diiTolu- * I always underftand their corporate exiflcnce. f Odium Thcobjgicam. G 3 tion ( i2 ) tion of fuch a body. It might as well be maintained, that in her conquefls over defpo- tifm, the ought to have fpared the itrongefl fortrefTes and moll: faithful troops of her ad- verfary. Such in truth, were the corpora- tions of the Nobility and the Church. The National Affembly enfured permanence to their eflabliuSments, by difmantling the for- treffes, and difbanding the troops of their van- quished foe. In the few remarks that are here made on the Nobility and Clergy of France, we con- fine ourfelves ftrictly to their political and collective character. Mr. Burke, on the con- trary, has grounded his eloquent apology purely on their individual and moral character. This however is totally irrelevant to the ques- tion, for we are not difcuiling what place they ought to occupy in focicty as individuals, but as a body. We are not confiderinsr the demerit of citizens whom it is lit to nuniih. but ( *3 ) but the fpirit of a body winch it is politic to diflfolve. We are not contending that the Nobility and Clergy were in their private ca- pacity bad citizens, but that they were mem- bers of corporations which could not be pre- fer ved with fecurity to public freedom. The Judicial Ariftacracy formed by the Parliaments, fecms ilill lefs fufceptible of union with a free Government. Their fpirit and claims were equally incompatible with liberty. They had imbibed a fpirit conge- nial to the authority under which they had acted, and fuitable to the arbitrary genius of the laws which they had difpen fed. They re- tained thole ambiguous and indefinite claims to a fliare in the legiflation, which the fluc- tuations of power in the kingdom had in fome degree countenanced. The fpirit of a corpora- tion \\ a> from the fmaiinefs of their numbers more concentrated and vigorous in them than in the Nobles and Clergy ; and whatever arif- G 4 tocratic ( I0 3 ) tocratic zeal is laid to the charge of the Nobi- lity, is imputable with tenfold force to the en- nobled Magiftrates, who regarded their recent honors with an enthufiafm of vanity, infpired by that bigotted veneration for rank which is the perpetual character of upftarts. A free people could not form its tribunals of men who pretended to any controul on theLegifla- ture. Courts of Juftice, in which feats were legally purchafed, had too long been endured : Judges who regarded the right of difpenfing jufrice as a marketable commodity, could nei- ther be fit organs of equitable laws, nor fuit- able magiflrates for a free State. It is vain to urge with Mr. Burke the pafl fervices of thefe judicial bodies. It is not to be denied that Montcfquieu is correct, when he ftates, that under bad Governments one abufe often limits another. The ufurped authority of the Parliaments formed, it is true, fome bul- wark againft the caprice of the Court. But when the abufe is deflroyed, why prefervethe remedial ( I0 4 ) remedial evil? Superftition certainly alleviates the defpotiim of Turkey ; but if a rational Government could be erected in that empire, it misfht with confidence dilclaim the aid of the Koran, and defpife the remonfrrances of the Mufti. To iuch eftablifhments, let us pay the tribute of gratitude for pafr benefit; but when their utility no longer exifts, let them be canonized by death, that their ad- mirers may be indulged in all the plenitude of pofthumous veneration. The three Ariftocracies, Military, Sacer- dotal, and Judicial, mav be confidered as hav- ing formed the French Government. They have appeared, fo far as we have confidered them, incorrigible. Ail attempts to improve them would have been little better than (to uie the words of Mr. Burke) " mean repara- tions on mighty ruins." Thevwere not per- verted by the accidental depravity of their members. They were not infected by any traniient ( io 5 ) traniient pailion, which new circumftances would extirpate. The fault was in the efTence of the inftitutions themfelves, which were irreconcileable with a free Government. But it is objected, thefe inftitutions might have been gradually reformed''-''. The fpirit of Freedom would have iilently entered. The progreflive wiidom of an enlightened nation would have remedied, in procefs of time, their defects, without convulfion. To this argument I confidently anfwer, that thefe injiitutiens would have deflroyed Liberty, before Liberty had cor re tied their Spirit. Power vegetates with more vigour after thefe gentle primings. A {lender reform amufes and lulls the people ; the popular en- thufiafm fubfides, and the moment of effec- tual reform is irretrievably loft. No impor- tant political improvement was ever obtained * See Mr. Burke's Reflexion?, p. 24852. in ( 106 ) in a period of tranquillity. The corrupt in- tereft of the Governors is io ftrong, and the cry of the people lo feeble, that it were vain to expect it. If the effervefcence of the po- pular mind is differed to pais away without effect, it would be abiurd to ex peel from lan- guor what enthuiiafm has not obtained. If radical reform is not, at fuch a moment, pro- cured, all partial changes are evaded and de- feated in the tranquility which fucceeds*. The gradual reform that ariies from the pre- fiding principle exhibited in the fpecious the- ory of Mr. .Burke, is belied by the experience of all ages. Whatever excellence, whatever freedom is difcoverable in Governments, has been infilled into them bv the fhock of a * " Ignore-t-on que e'eft en attaquant, en renverfant tous les abu? a la tois, qu'on peut efperer de s'en voir delivre (ans retour que lesreformes lentes ex partielles ont tcujourshui y\x ne ricn reformer : enfin que l'abus que 1'on conlcrvc il.'vriit l'nppui 2c bientot le reftaurateur de tousceux qu'on : : avoir detruits." AdrcJJc aux Francois par /' ' Eveauc tun I I FcjYicr 1790. revolution, ( ioS ) revolution, and their fubiequent progrefs has been only the accumulation of abufe. It is hence that the moft enlightened politicians have recognized the neceffity of frequently re- calling Governments to their jirjl principles ; a truth equally fuggefted to the penetrating in- tellect of Machiavel, by his experience of the Florentine democracy, and by his refearch into the hiflory of ancient Commonwealths. Whatever is good ought to be purfued at the moment it is attainable. The public voice, irrefifrible in a period of convulfion, is contemned with impunity, when dictated by that lethargy into which nations are lulled by \\\o, tranquil courfe of their ordinary affairs. The ardor of reform languifhes in unfup- ported tedioufnefs. It perifhes in an impo- tent flruggle with adverfarics, who receive new ftrength from the progrefs of the day. No hope of great political improvement (let us repeat it) is to be entertained from tran- quility, ( io 9 ) quility*, for its natural operation is to llrcno-then all thofe who are interefted in perpetuating abufe. The National Affembly ieized the moment of eradicating the corrup- tions and abufes which afflicted their country. Their reform was total, that it might be commenfurate with the evil, and no part of 'it was delayed, becaufe to fpare an abufe at fuch a period was to conlecrate it ; becaufe the enthunafm which carries nations to fuch enterprizes is fhort-lived, and the opportunity of reform, if once neglected, might be irrevo- cably fled. But let us afcend to more general princi- ples, and hazard bolder opinions. Let us grant that the Hate of France was not fo * The only apparent exception to this principle is the cafe where Sovereigns make important concefiions tqappeafe ihfcontent, and avert convulfion. This, however, rightly underftood, is no exception, for it arifes evidently from the fame caufes, acting at a period lets advanced in the progrefs of popular interpofition, defperately ( no ) defperately incorrigible. Let us fuppofe that changes far more gentle, innovations far lefs extenfive, would have remedied the grofTer evils of her Government, and placed it aim oft on a level with free and celebrated Conftitu- tions. Theie conceffions, though too large for truth, will not convict the AfTembly. By what principle of reafon, or of juftice, were they precluded from afpiring to give France a Government lefs imperfect:, than accident had formed in other States ? Who will be hardy enough to affert, that a better Conftitution is not attainable than any which has hitherto appeared : Is the limit of human wifdom to be eftimated in the fcience of politics alone? by the extent of its prefent attainments r Is the moft lublime and difficult of all arts, the improvement of the fecial order, the allevia- tion of the miferies of the civil condition of man, to be alone ftationary, amid the rapid progrefs of every other art, liberal and vul- gar, to perfection ? Where would be the atrocious ( III ) atrocious guilt of a grand experiment, to as- certain the portion of freedom and happinefs, that can be created by political inftitutions ? That guilt (if it be guilt) is imputable to the National AfTembly of France. They are acculed of having rejected the guidance of ex- perience, of having abandoned themfelves to the illulion of theory, and of having; facri- ilced great and attainable good to the mapiri- iicent chimeras of ideal excellence. If this accufation be juft, if they have indeed aban- doned experience, the balls of human know- ledge, as well as the guide of human action, their conduct deferves no longer anv ferious argument ; and if (as Mr. Burke more than once inlinuates) their contempt of it is avowed and oftentatious, it was furely un- worthy of him to have expended lb much genius againft fo prepofterous an infanity. But the explanation of terms will diminish our wonder Experience may, both in the arts ( "2 ) arts and in the conduct of human life, be re- garded in a double view, either as finifhing models, or principles. An artift who frames his machine in exact, imitation of his prede- ceiTor, is in the firji fenfe faid to be guided by experience. In this fenfe all improvements of human life, have been deviations from ex- perience. The fir ft vifionary innovator was the favage who built a cabin, or covered him- felf with a rug. If this be experience, man is degraded to the unimproveable level of the inftinctive animals But in the fecond ac- ceptation, an artift is faid to be guided by ex- experience, when the infpection of a machine tlifcovers to him principles, which teach him to improve it, or when the comparifon of many both with refpect to their excellencies and defects, enables him to frame another more perfect machine, different from any he had examined. In this latter fenfe, the Na- tional AfTembly have perpetually availed themfelves of experience. Hiliory is an im- menfe ( "3 ) meufe collection of experiments on the nature and effect of the various parts of various Go- vernments. Some inftitutions are experimen- tally afcertained to be beneficial ; fome to be mo ft indubitably deftructive. A third clafs, which produces partial good,'obvioufly poiYefs the capacity of improvement. What, on fuch a furvey, was the dictate of enlightened ex- perience ? Not furely to follow the model of any of thofe Governments, in which thefe inftitutions lay indifcriminately mingled; but, like the mechanic, to compare and generalize; and, guided equally by experience, to imitate and reject'. The procefs is in both cafes the fame. The rights and the nature of man are to the Legiflator what the general properties of matter are to the Mechanic, the iirft guide, becaufe they are founded on the wideft expe- rience, hi the fecond clafs are to be ranked obfervations on the excellencies and defects of thofe Governments which have exifted, that teach the conftrudtion of a more perfect ma- tt chine ( H4 ) chine. But experience is the basis of all. Not the puny and trammelled expe- rience of a State/man by trade, who trembles at any change in the tricks which he has been taught, or the routine in which he has been aceuftomed to move, but an experience liberal and enlightened, which hears the tefHmony of ages and nations, and collects from it the general principles which regulate the mecha- nifm of fociety. Legiilators are under no obligation to retain a constitution, becaufe it has been found " /o- " hrably to anfvver the common purpofes of is Government." It is abfurd to expecl, but it is not abfurd to purfue perfection. It is ah- (urd to acquiefce in evils, of which the re- medy is obvious, becaufe they are lefs grievous than thole which are endured by others. To iuppoie the focial order is not capable of im- provement from the progrefs of the human iHiderftanding, is to betray the inconfiftent abfurditv ( "5 ) abfurdity of an arrogant confidence in our at- tainments, and an abject diitruft of our powers. If indeed the fum of evil produced by political inftitutions, even in the leaf! imperfect Go- vernments, were fmall, there might be fome pretence for this dread of innovation, this hor- ror at remedy, which has raifed fuch a cla- mour over Europe : But, on the contrary, in an eftimate of the fources of human mifery, after granting that one portion is to be attri- buted to difeafe, and another to private vices, it might perhaps be found that a third equal part arofe from the oppreflions and corruptions of Government, difguifed under various forms. All the Governments that now exifr. in the world f except the United States of America) have been fortuitoufly formed. They are the produce of chance, not the work of art. They have been altered, impaired, improved and de- ftroyed by accidental circumftances, beyond the forefight or controul of wifdom. Their parts thrown up againft prefent emergencies H 2 formed ( "6 ) formed no fyilematic whole. It was certainly not to have been prefumed, that thzfe for- tuitous Governments mould have furpaffed the works of intellect, and precluded all nearer approaches to perfection. Their origin with- out doubt furnifhes a ftrong prefumption of an oppofite nature. It might teach us to expect in them many difcordant principles, many jarring forms, much unmixed evil, and much imperfect good, many inftitutions which had long furvived their motive, and many of which reafon had never been the author, nor utility the object. Experience, even in the befl of thefe Governments, accords with fuch expectations. A Government of art, the work of legifla- tive intellect:, reared en the immutable bails of natural right and general happinefs, which mould combine the excellencies, and exclude the defects of the various conflitutions which chance had fcattcred over the world, inftead of ( "7 ) of being precluded bv the perfection of any of thofe forms, was loudly demanded by the injuftice and abfurdity of them all. It was time that men Ihould learn to tolerate nothing ancient that reafon does not refpect, and to fhrink from no novelty to which reafon may conduct. It was time that the human powers, fo long occupied by iubordinate objects, and inferior arts, ihould mark the commencement of a new aera in hiftory, by giving birth to the art of improving government, and increafing the civil happinefs of man. It was time, as it has been wifely and eloquently faid, that Legiflators, inftcad of that narrow and daf- tardly coafihig which never ventures to lofe light of ukige and precedent, ihould, guided by the polarity of reafon, hazard a bolder na- vigatioii, : ncl dii cover, in unexplored regions, the trcaiure of public felicity. The talk of the French Legiilators was, however, leis hazardous. The philosophers of il 3 Europe ( "8 ) Europe had for a century difcufTed all objects of public ceconomy. The conviction of a great majority of enlightened men had, after many controverfies, become on moft queftions of general politics, uniform. A degree of certainty, perhaps nearly equal to that which fuch topics will admit, had been attained. The National AfTembly were therefore not called on to make difcoveries. It was fuffi- cient if they were not uninfluenced by the opi- nions, nor exempt from the fpirit of their age. They were fortunate enough to live in a period when it was only necenary to affix the flamp of laws to what had been prepared by the refearch of philofophy. They will here, however, be attacked by a futile com- mon-place. The moll ipecious theory, it will be laid, is often impracticable, and any at- tempt to transfer fpeculative doctrines into the practice of States is chimerical and frantic. 1{ by theory be underflood vague conjecture, the objection is not worth diicuflion; but if by ( "9 ) by theory be meant inference from the moral nature and political ftate of man, then I af- fert, that whatever fuch theory pronounces to be true, mull be practicable, and that whatever on the fubject is impracticable, mufl be falfe. To refume the illuflration from the mechanical arts Geometry, it may be jufrly faid, bears nearly the fame relation to mecha- nics that abftrat reafoning does to politics*. The moral forces which are employed in poli- tics are the pafrTons and iuterefts of men, of which it is the province of metaphyfics to teach the nature and calculate the flrength, as mathematics do thofe of the mechanical powers. Now fuppofe it had been mathema- tically proved, that by a certain alteration in * I confefs my obligation for this parallel to a learned friend, who though fo juftly admired in the republic of let- ters for his excellent writings, is ft ill more fo by his friends for the rich, original, and mafculine turn of thought that animates his converfation. But the Contlnuator of " the " Hiftory of Phillip III." little needs my praife. II 4 the ( 120 ) the ftructure of a machine, its effecl: would be increafed four-fold* would an inftructed me- chanic hefitate about the change ? Would he be deterred, becaufe he was the frf to difco- ver it ? Would he thus facrifice his own ad- vantage to the blindnefs of his predecefTors, and the obfiinacy of his cotemporaries ? Let us fuppofe a whole nation, of which the ar- tizans thus rejected theoretical improvement. Mechanics might there, as ajctencc, be mofl profoundly underftood, while as an art, it exhibited nothing but rudenefs and harbarifm. The principles of Newton and Archimedes might be taught in the fchools, while the ar- chiteclure of the people might not have reached beyond the cabins of New Holland, or the (hip-building of the Efquimaux. In a Urate of political fcicnce fomewhat fimilarhas Europe continued for a great part of the eighteenth century *. * Mechanics, becaufe no pa.Tion or interc-ft is concerned in the perpetuity of abufe, always yield to fcientific im- provement. ( 1*1 ) All the great queilions of general politics had, as we have remarked, been nearly decided, andalmoit. all the decilions had been hofrile to eftablifhed inftitutions yet thefe inftitutions (till flourillied in all their vigour. The fame man who cultivated liberal fciencc in his ca- binet was compelled to adminiiler a barba- rous jurifprudence on the bench. The fame Montesquieu, who at Paris reafoncd as a philofopher of the eighteenth, was compelled to decide at Bourdeaux as a maeaftrate of the fourteenth century. The apoftles of toleration andtheminiitersof the Inquifition were cotem- poraries. The torture continued to be praclif- provement. Politics, for the contrary rcafon, always refill it. It was the remark of Hobbes, that if any intereft or pafllon v.'ere concerned in difputingthe theorems of geome- trv, different opinions would be maintained tegarding them. It has actually happened 'as if to ju r tify the remark of that it man) that under the administration of Turcot.; ",.7// reform^ grounded en a rr.athcmaiical demovjlra'.'w !ci tiled as -j':jhnar\ . So much for the iagc prc- ; ;;ei!cc ot practice to thcorv. ed ( 122 ) cd in the age of Beccaria. The Baflile de- voured its victims in the country of Turgot. The criminal code, even of nations in which it was the mildeil, was oppreffive and favage. The laws reflecting religious opinion, even where there was a pretended toleration, out- raged the moll: evident deductions of reafon. The true principles of commercial policy, though they had been reduced to demon ftra* tion, influenced the councils of no State. Such was the fantaflic fpectacle prefented by the European nations, who, philofophers in theory, and barbarous in practice, exhibited to the obferving eye two oppofite and incon- fiftent afpects of manners and opinions. But fuch a State carried in itfeif the feeds of its own dedructioti. Men will not Ions: dwell in hovels, with the model of a palace before their eyes. A State approaching to it in fome meafure #xiir.ed indeed in the ancient world. But the art ( I2 3 ) art of Printing had not then provided a chan- nel by which the opinions of the learned pafs infenfibly into the popular mind. A bulwark then exifled between the body of mankind and the reflecting; few. Thev were diiHncl: nations, inhabiting the fame country, and the opinions of the one (I fpeak comparatively with modern times) had little influence on the other. But that bulwark is now levelled with tRe ground. The convictions of philofophy infinuate themfelves by a flow, but certain progrefs, into popular fentiment. It is vain for the arrogance of learning; to condemn the people to ignorance by reprobating fuperficial knowledge The people cannot be profound, but the truths which regulate the moral and political relations of man, are at no great diftance from the lurface. The great works in which diicoveries are contained cannot be read by the people ; but their lubftance pafles through a variety of minute and circuitous channels to the (hop and the hamlet. The* converiion ( "4 ) converfion cf thefe works of unproductive fplendor into latent ufe and unobferved ac- tivity, refembles the procefs of nature in the external world. The expanfe of a noble lake, the courfe of a majeftic river, impofes on the imagination by every irnprefiion of dignity and fublimity. But it is the moiilure that infenii- bly arifes from them, which, gradually ming- ling with the foil, nourishes all the luxuriancy of vegetation, fructifies and adorns the furfaee cf the earth. It may then be remarked, that though libe- ral opinions fo long exifted with abufive eftab- lifhments, it was not natural that this ftate of things mould be permanent. The philofophers of antiquity did not, like Archimedes, want a fpot on which to fix their engines, but they wanted an engine to move the moral world. The prefs is that engine, which has iubjected the powerful to the wife, by spverning the opinion of mankind. The difcuflion of Great truths ( 25 ) truths has prepared a body of laws for the National Aflcmbly. The diffufion of political knowledge has almoji prepared a people to re- ceive them, and good men are at length per- mitted to indulge the hope, that the miferies of the human race are about to be alleviated ; that hope may be illufive, for the grounds of its enemies are ftrons;, the folly and villainy of men. Vet they who entertain it will feel no fhame in defeat, and no envv of the trium- phant prediction of their adverfaries. Msher- culc malim cum Platone errare. Whatever be the ultimate fate of the French Revolutionifls, the friends of freedom mnft ever coimder them as the authors of the greater!: attempt that has hitherto been made in the caufe of man. They never can ceafe to rejoice, that in the long catalogue of calamities and crimes which blacken human annals, the year 1789 prefents one fpot on which the eye of huma- nity may with complacence dwell, SECTION ( "6 ) SECTION II. Of the Ccmpofit'ion and Characicr of the NATIONAL AS8EMBLT. VENTS are rarely feparated by the Hiftorian from the character oi thefe who are confpicuous in conducting them. From it alone they often receive the tinge which determines their moral colour. What is admired as noble pride in Sully, would be execrated as intolerable arrogance o in Richlieu. But the degree of this in flu- o ence varies with the importance of the events. In the ordinary affairs of State it is great, becaufe in fact they are only of importance to poftet-ity. as they illuftrate the characters, of whofe who have acted diflinguifhed parts on the theatre ( I2 7 ) theatre of the world. But in events, which themfelves are of immenfe magnitude, the character of thofe who conduct fhem becomes of far lefs relative importance. No ignominy is at the prefent day reflected on the Revo- lution of 1688 from the ingratitude of Churchill, or the treachery of Sunderland. The purity of Somers, and the profligacy of Spencer are equally loft in thefplendor of that great traniaction, in the fenfe of its benefits, and the admiration of its juftice. No moral imprefiion remains on our mind, but that whatever voice fpeaks truth, whatever hand eftablifhes freedom, delivers the oracles and difpenfes the gifts of God. If this be true of the depolition of James II. it is for more ib of the French Revolu- tion. Among many circumftances which dif- tinguiihed that event, as unexampled in hif- tory, it was none of the lead: extraordinary, that it might truly be faid to have been a Revolution ( *8 ) Revolution without Leaders. It was the effect of general caufes operating on the people. It was the revolt of a nation enlight- ened from a common fource. Hence it has derived its peculiar character, and hence the merits of the molt confpicuous individuals- have had little influence on its progrefs. The character of the National Aflembly is of fecondary importance indeed. But as Mr. Burke has expended io much invective againfr. that body, a few firictures on his account of it will not be improper. The reprefentation of the third eflate was, as he juitly fhtes, compofed of Lawyers, Phy- ficians, Merchants, Men of Letters, Trades- men and Farmers. The choice was indeed limited by necefiity, for except men of thefc ranks and profellions, the people had no objects of election, the Army and the Church being engroiTed by the Nobility. " No veflige cf the landed intcrcil of the country appeared in ( i2 9 ) *' in this representation." For an obvious reafon Becaufe the Nobility of France, like the Gentry of England, formed almoft exclu- fr/ely the landed mterefr. of the kingdom. - Thefe profeffions then could only furnifh Re- prefentatives for the T'iers Etat. They form the majority of that middle rank among whom almoft all the fenfe and virtue of fecietv re- fide. Their pretended incapacity for political affairs is an arrogant fiction of Statefmen which the hiftory of Revolutions has ever be- lied. Thefe emergencies have never failed to create politicians. The fubtle counfellors of Philip II. were baffled by the Burgomafters of Amfrcrdam and Leyden. The opprefiion of England fummonecl into exiftence a race of Statefmen in her Colonies. The lawyers of Bofton, and the planters of Virginia, were transformed into minifters and negociators, who proved themfelves inferior neither in wifdom as legifiators, nor in dexterity as po- liticians. Thefe facts evince that the powers J of ( 13 ) of mankind have been unjuftly depreciated, the difficulty of Political affairs artfully mag- nified, and that there exifts a quantity of ta- lent latent among men, which ever rifes to the level of the great occafions that call it forth. But the predominance of the profeffton of the law, that profeflion which teaches men ts to augur mif-government at a diilance, and " fnufF the approach of tyranny in every " tainted breeze,"* was the fatal fource from which* if we may believe Mr. Burke, have arifen the calamities of France. The majo- rity of the Third Eflate was indeed compofed of lawyers. Their talents of public fpeaking, and their profeffional habits of examining queflions analogous to thofe of politics, ren- dered them the moft probable objects of popu- lar choice, efpecially in a dejpotic country, where political {peculation was no natural * Mr, Burke's Speech on American Affairs, 1775. amuiement ( '3* ) arhufernetit for the leifure of opulence. But it does not appear that the majority of them confifted of the unlearned, mechanical mem- bers of the profeffion*. From the lift of the States General, it fhould feem that the majo- rity were provincial advocates, a name of very different import from country attorneys, and whofe importance is not to be eftimated by purely JLngUJJo ideas. All forenjtc talent and eminence is here con- centered in the capital. But in France, the inftitution of circuits did not exift. The pro- vinces were imperfectly united, their laws va- rious, their judicatures diftincT:, and almoft in- dependent. Twelve or thirteen Parliaments formed as many circles of advocates, who nearly emulated in learning and eloquence the Parifian Bar. This difperfion of talent was in * See an accurate lift of them in the Supplement to the ^Journal de Paris, 31ft of May, 1789, I % fome { I 3 2 ) forne refpecl: alio the neceflary effect of the immenfity of the kingdom. No liberal man will in England beftowon thelrim and Scot- tish bar the epithet provincial with a view of degradation. The Parliaments of many Pro- vinces in France, prefented as wide afield for talent as the Supreme Courts of Ireland and Scotland. The Parliament of Rermes, for example, difpenfed juflice to a Province which contained two million three hundred thoufand inhabitants* ; a population equal to that of fome reipeclablc kingdoms of Europe. The Cities of Bordeaux, Lyons, and Marfeilles, furpafs in wealth and population Copenhagen, Stockholm, Peterlburg, and Berlin. Such were the theatres on which the Provincial Advocates of France pnrfued profefTionai fame. A general Convention of the Britim empire would yield perhaps asdiltinguiihed a place to *' See a Report of the Population of France to the Na- tional Affembly, by M. Biron de la Tour, Engineer and Geographer to the King, 1790. CuilRAN ( .^3 ) Curran and Erskine, and the other emi- nent and accomplished barriffers of Dublin and Edinburgh, as to thofe of the capital. And on the fame principles have the Thourets and Chapellcrs of Rouen, and Rennes, acquired as great an afcendant in the National AfTembly as the 'Targets and Camus' $ of the Parifian bar. The proof that this "faculty" influence, as Mr. Burke chufes to phrafe it, was not injuri- oufly predominant, is to be found in the de- crees of the Aliembly refpecling the judicial Order. It mull: on his fyitem have been their object to have eftabliihed what he calls " a " litigious Confrutution.'' The contrary has fo notorioully been the cafe, all their decrees have lo obvioufly tended to lefien the impor- tance of lawyers, by facilitating arbitrations, bv the adoption or juries, bv diminiihins the expence and tediouineis or iuits, by the de- flruclion of an intrk. to and barbarous jurii- prudence, and by the iimplicity introduced 1 3 into ( '34 ) into all judicial proceedings, that their fyftem has been accufed of a direct tendency to extin- guifh the profemon of the law. A fyflem which may be condemned as leading to vifi- onary excefs, but which cannot be pretended to bear very ftrong marks of the fuppofed af- cendant of " chicane." To the lawyers, befides the parochial cler- gy, whom Mr. Burke contemptuoufly ftiles 66 Country Curates* " were added, thofe No- blemen whom he fo feverely ftigmatizes as deferters from their Order. Yet the deputation of the Nobility who firft joined the Commons, and to whom therefore that title bell: belongs, was not compofed of men whom defperate fortunes and profligate ambition prepare for civil confufion. In that number were found the heads of the mofl ancient and opulent fa- milies in France, the Rochefoucaults, the *' It is hardly necefiary to remark that Cure means Rcflo>\ RiohlieuSj, C 13S ) Richlieus, the Montmorencies, the Noailles. Among them was M. Lally, who has receiv- ed fuch liberal praife from Mr. Burke, and it will be difficult to difcover in one individual of that body any interefl adverfe to the prefer- vation of order, the fecurity of rank and wealth. Having thus followed Mr. Burke in a very fhort fketch of the clafTes of men who com- pofe the AfTembly, let us proceed to confider his reprefentation of the fpirit and general rules which have guided it, and which, accord- ing to him, have prefided in all the events of the Revolution. " A cabal of philofophic " Athcifts had confpired the abolition of Chrif- " tianity. A monied intereft, who had grown " into opulence from the calamities of France, *' contemned by the Nobility for their origin, inch dictates the organization, of the Church of France. A Janfeniftica! party was formed in the Parlia- *" The theory of Mr. Burke on the fubject of Religious . Efbbli fti merits, I am utterly at a lofs to comprehend. He will not adept the impious reafoning of Mr. Hume, nor dees he fuppofe with Warburton any " alliance between " Church and State," for he feems to conceive them to be ori " - 1 T y the fune. When he or his admirers translate his ftateiiituts (Reflations, p. 145 6) into a feries of propo- fitioi Vc exprelied m prccife and unadorned Englifh, they may become the proper objects of argument anddifcuffion. In their prefent flate th.ey irrdiftibly remind one of the obfer- vat-k ii3 1 f Lord Bacon. " Pugnax enim philofonhiae genus tc & fw}>hifiicum illaqueat intelle6lum at iilud alterum " I'hav.tafticum iX-tumidum et quart poctlcum magis blandlluf " intellects;. Inert enim homini quajdam intelleclus am-< " bitio non minor <;uam voluntatis praefertim mingeniis aids *< ci chvatis." Nov. Org. XLV. merits ( '45 ) mcnts of that kingdom by their loiig hoitili- ties with the Jefuits and the See of Rome. Members of this party have in the National A (Terribly, by the fupport of the inferior Clergy, acquired the afcendant in eeclefiafli- cal affairs. Of this number is M. Camus. The new conftitution of the Church accords exactly with their dogmas*. The Clergy arc, according to the;r principles, to notify to the Bifhop of Rome their union in doctrine, but to recognize no fubordination in difci- pline. The fpirit of a dormant feet thus re- vived in a new fhr.pe at fo critical a period, the unintelligible fubleties of the Bifhop of Tprcs thus influencing the ihfritutions of the eighteenth century, might prefent an ample field of reflexion to an enlightened obferver of human affairs. But it is fufneient for our * See the ipeech of M. Syeyes on Religious Liberty, where he reproaches the EcclefiafHcal Committee with abating the Revolution tor the revival of Port RcytJ, the famous Janfemjllcal Seminary, See ajfo M. Co^*DORCT fu*- " Injtrufiion Pnbl'ique. K pnrpofe ( H6 ) purpofe to obferve the facl, and to remark the error of attributing: to the hoftile defi^ns of atheiim what in ib ; to the public tlic errors of Mr. Burke. ( '47 ) the report of M. de la Rochefoucault, from the Committee of Finance on the 9th of Dec. 1796, which from premifes that appear indif- pu table, infers a confiderable Jurplus revenue in the prefent year. The purity of that dif- tinguiihed perfon has hitherto been arraigned by no party. That underflanding muft be of a lingular conftrudHon which could hentate between the Ducdela Rochefoucault and M. Calonne. But without 11 fin g this argumentum ad verecundiam, we are to remark, that there are radical faults, which vitiate the whole calculations of that minifter, and the confe- quent reafonings of Mr. Burke. They are taken from a year of confufion, of lanffuifhing - and diflurbed induilry, and abfurdly applied to the future revenue of peaceful and flou- rifhing periods. They are taken from a year in which much of the old revenue of the State had been deftroved, and d urine: which t\ic AlTembly had fcarcely commenced its (cheme of taxation. It is an error to aflert K 3 that ( i*8 ) that the AfTembly had deftroyed the former oppreffive taxes, which formed fo important a fource of revenue. Thefe taxes perifhed in the expiring ftruggle of the ancient Govern- ment. No authority remaining in France could have maintained them. Calculations cannot fail of being moll: grofsly illufive, which are formed from a period when fo many taxes had failed before they could be replaced by new impofr, and when productive induftry itfelf, the fource of all revenue, was itruck with a momentary pnlfy*. Mr. Burke difculTes the financial merit of the Aflembly before it had begun its fyflem of taxation. It is premature to examine their general fcheme * Mr. Burke exults in the deficiency confeffed by M. VernetofS millions fterling, in Auguft, 1790. He follows it with an invective againft the National AfTembly, which one fimple reflexion would have repreiTed. The fuppreflion of the gabclle alone accounted for almoft a half of that defi- ciency ! Its produce was eft i mated at 60 millions of livres, or about two millions and a half fterling. Of ( H9 ) of revenue, or to eftabliih general maxims on the furvey of a period which may be confi- dered as an interregnum of finance. The only financial operation which may be regarded as complete is their emiffion of of- fignats the eftabliih ment of a paper money, the representative of the national property, which, while it facilitated the fale of that property, mould iupply the abfence of fpecie in ordinary circulation. On this, as well as moil: other topics, the predictions of their enemies have been completely fallifcd. They predicted, that no purchafers would be found hardy enough to truft their property on the tenure of a new and infecure eftablifhment. But the national property has in all parts of France been bought with the greatefr. avidity. They predicted that the effimate of its value would prove exaggerated ; but it has fold uniformly for double and treble that estimate. They have predicted that the depreciation of K 3 the ( '50 3 the ajjignats would in effe& heighten the: price of the neceffaries of life, and fall with the moil cruel feverity on the moil: indigent clafs of mankind : The even has however been, that the aflignats, fupported in their credit by the rapid fale of the property which they reprefented, have kept almoff. at par, that the price of the neceffaries of life has lowered, and the fufterings of the indigent been considerably alleviated. Many millions of affignats, already committed to the flames, form the moft unanfwerable reply to the ob- jections urged againfl them*. Many purchafers, not availing thcmfelves of that indulgence for gradual payment, which in fo immenfe a fale was unavoidable, have paid the whole price in advance. This has been peculiarly the cafe in the Northern Provinces, where opulent farmers have been '' At this moment nearly enc-tbinf. the ( '5' ) the chief purchafers ; a happy circumftance, if it only tended to multiply that mo ft ufeful and refpectable clafs of men, who are proprie- tors and cultivators of the ground. The evils of this emifiion in the circum- ftances of France were trail dent ; the bene- ficial effects permanent. Two great objects .were to be obtained by it, one of policy, and another of finance. The fir ft was to attach a great body of Proprietors to the Revolution, on the liability of which depended the fecu- rity of their fortunes. This is what Mr. Burke terms, making them accomplices in confiscation, though it was precifely the po- licy adopted by the Engliih Revolutionifts, when they favoured the growth of a national debt, to intercft a body of creditors in the permanence of their new eftablifhment. To render the attainment of the other great ob- ject, the liquidation of the public debt, im- probable, M. Calonne lias been reduced to Co K i erofs ( *5* ) grofs a mifreprefentation, as to flate the pro- bable value of the national property at only two milliards j (about 83 millions fbrline) though the belt calculations have rated it at more than double that fum. There is every probability that this immenfe national eftate will fpeedily difburden France of the greateft part of her national debt, remove the load of impoft. under which her induftry has groaned, and open to her tha f . career of profperity for which me was fo evidently dedined by the bounty of Nature. With thefe great benefits, with the acquittal of the public debt, and the ftability of freedom, this operation has, it muft be confeiTed, produced feme evils. It cannot be denied to have promoted, in feme degree, a fpirit of gambling, and it may give an undue afcendant in the municipal bodies to the agents of the paper circulation. But thefe evils are fugitive. The moment that witneiTes the extinction of a/fignats, by the complete fale of the national lands, mufl terminate them : ( 53 ) them; and that period, our pail: experience renders probable, is not very remote. There was one general view, which to perfons con- versant in political economy, would, from the commencement of the operation have appear- ed decifive. Either the afEmats were to re- tain their value, or they were net. If they retained their value, none of the apprehended evils could arife from them. If they were dif- credited, every fall in their value was a new motive to their holders to exchange them for national lands. No man would retain depre- ciated paper who could acquire folid property. if a cieat portion of them were thus employed, the value of thofe left in circulation mufr. immediately rile, both becaufe their number ; diminifhed, and their lecurity become more obvious. The fall of their value mufk have haftened the iale of the lands, and t; 2 iale of the lanes muft have remedied the fall their value. The failure, as a mediam of lation, muft have improved th.em a? an. 1. lnhriunent ( *54 ) initrument of fale; and their fuccefs as an initrument of fale muft in return have reftor- ed their utility as a medium of circulation. tfhh action and re-action was inevitable, though the flight depreciation of the ajfignats had not made its effects very ccnfpicuous in France, So determined is the oppofition of Mr. Burke to the: ilures f the AiTembly which regard the finances of the Church, that even monaflic inftitutions have in him found an advocate. Let us difcufs the arguments which he urges for the prefervation of thefe monuments of human madnefs. In fupport of an opinion Co lingular, he produces one mora/ and one commercial reafon*. " In mo- :; naitic inftitutions," in his opinion, " was kC found a great power for the mechanifm - of politic benevolence."" To deftroy any * Burke, p. 232 41. ei tower ( 155 ) '' power growing wild from the rank produo " tive force of the human mind, is almofr. " tantamount, in the moral world, to the " deftruction of the apparently active proper- " ties of bodies in the material." In one word, the fpirit and the inflitutions of mona- chifm were an mftrument in the hand of the Le^iilator, which he oucrht to have converted to ibme public ufe, I confefs myfclf fo far to mare the blindnefs of the National Af- fembly, that I cannot form the moil: remote conjecture concernin" the various ufes which " have fuesrefted thcmfelves to a contriving " mind." But without expatiating on them, let us attempt to conflruct an aniwer to his argument on a broader bafis. The moral powers by which aLegiflator moves the mini of man are his paflions; and if the infane fa- naticifm which fir ft peopled the deferts of Upper Egypt with anchorites, ftill exifted in Kurope, the Legiflator muft attempt the di- lion of a fpirit which humanity forbad him to ( '56 ) to perfecute, and wifdom to neglect, But mo- nadic infritutions have for ages furvived the fpirit which gave them birth. It was not neceffary for any Legiflature todeflroy " that <4 power growing wild out of the rank pro- " duclive force of the human mind," from which monachifm had arifen. It was like all other furious and unnatural pa (lions, in its nature tranfient. It langruifhed in the dif- credit of miracles and the abfence of perfe- cution, and was gradually melted down in the funihine of tranquillity and opulence fo long enjoyed by the Church. The foul which ac- tuated monachifm had fled. The ikeleton only remained to lead and deface fociety. The dens of fanaticifm, where they did not become the recedes of fenfuality, were con- verted into the flyes of indolence and apathy. The moral power therefore no longer exifted, for the fpirit by which the Legislator could alone have moved thefe bodies was no more. The product of fanaticifm was therefore not fit ( "57 ) fit to be the inftrument of wifdom. Nor had any new fpirit fucceeded which might be an inftrument in the hands of legiflative fkill. Thefc fhort-lived phrenzies leave behind them an inert product, in the fame manner as, when the fury and fplendor of volcanic eruption is pad for ages, there {till remains a mais of lava to encumber the foil, and de- form the afpecl of the earth*. Th * It is urged by Mr. Burke, as a fpecies of incidental defence of monachifm, that there are many modes of in- duftry, from which benevolence would rather refcue men than from menaftic quiet. This muft be allowed, in one view, to be true. But, though the laws muf permit the natural progrefs which produces this fpecies of labour, does it follow, that they ought to create monaflic feclufion? ]s the exiftence of one fource of mifery a reafon for opening another ! Becaufe noxious drudgery muft be tolerated, are we to fanftion compulfory inutility ? Infbnces of fimilav bad reafoning from what focietv muft fufftr to what ihe ought to cnaft, occur in other parts of Mr. Burke's production. Vy"e in England, he fays, do not think .io,CCO a year worfe ( '58 ) The fale of the monaftic eftates is alfo ques- tioned by Mr. Burke on a commercial princi- ple. The fum of his reafoning may be thus expreiTed. The furplus product of the earth forms the income of the landed proprietor* That furplus the expenditure of fome one muft difperfe, and of what import is it to fo- ciety, whether it be circulated by the expence of one landholder, or of a fociety of monks* A very fimple ftatement furnimes an unan- fvverable reply to this defence. The wealth of fociety is its flock of productive labour* There muft, it is true, be unproductive con- fumers,but the fewer their number the greater wcrfe in the hands of a Bifhop than in thofe of a Baronet or a 'Squire. Exceffive inequality is inboth cafes an enormous evil. The laws miift permit property to grow as the courfe of things effer. it. But ought they to add a new factitious evil to this natural and irremediable one ? They cannot avoid inequality in the income of property, becaufe they muft per- mit property to diftribute itfclf. But they can remedy ex- ceffivc inequalities in the income of office, becaufe the in- come and the office are their clfcaturcs, (all ( '59 ) (dlt things clfe being the fame) muit be the opu- lence of a State. The pofTefiion of an eftatc by a fociety of monks eftabliihes, let us fup- pole forty, unproductive confumers. The pof- feilion of the fame eftate by a fmgle landhol- der only necefTarily produces one. It is there- fore evident there is forty times the quantity of labour fubtracted from the public flock, in the firft cafe, that there is in the fecond. If it be objected that the domeflics of a land- holder are unproductive, let it be remarked that a monaftry has its fervants, and that thofe of a lay proprietor are not profejfionally and perpetually unproductive, as many of them become farmers and artizans, and it is to be obferved above all, that many of them are married. Nothing then can appear on a plain commercial view of the lubject more evident than the diftinction between lay and monkifh landholders. It is furely unnecefTary to ap- peal to the motives which has every where produced flatutes of Mortmain, the neglected eftate ( t66 ) eftate in which the land of ecclefiaftical cor- porations is iuftered to remain, and the infi- nite utility which arifes from changes of pro- perty in land. The face of thofe countries where the transfers have heen molt rapid, will fufficiently prove their benefit. Purchafers feldom adventure without fortune, and the novelty of their acquisition infpires them with the ardor of improvement* No doubt can be entertained that theeftates poffeffed by the Church will encreafe im* rnenfely in their value. It is vain to fay that they will be transferred to Stock-jobbers. Si- tuations, not names, are to be confidered ill human affairs. He that has once tailed the in- dolence and authority of a land-holder, will with difficulty return to the comparative fer- vility and drudcrerv of a monied capitalifl. But ihoulcl the ufurious habits of the imme~ diatc purchakr be inveterate, his fon will im- bibe the fentiments of a landed proprietor from' his ( 16' ) his birth. The heir of the ftock -jobbing Alpheus may acquire as perfectly the habits of an active improver of his patrimonial eftate, as the children of Cincinnatus, or Cato. To aid the feeblenefs of thefe arguments, Mr. Burke has brought forward a panegyri- cal enumeration of the objects on which mo- nadic revenue is expended. On this mafter- piece of fafcinating and magnificent eloquence it is impoflible to be lavifh of praife. It would have been quoted by Qui ntili an as a fplen- did model of rhetorical common-place. But criticifm is not our object, and, all that the difplay of fuch powers of oratory can on fuch a fubject fuggeft, is what might perhaps have ferved as a characterise motto to Mr. Burke's production. AdJiJit invalid* robur Facundia caufa* SECT, ( 162 ) SECTION III. Popular Exceffes which attended the Revo* lution. i""^HAT no great Revolutions can be ac- complifhed without exceffes and mife- ries at which humanity revolts, is a truth which cannot be denied. This unfortunately is true, in a peculiar manner, of thoie Revolu- tions, which, like that of France, are ifrictly popular. Where the people are led by a fac- tion, its leaders find no difficulty - in the re- eitabliihment of that order, which muff be the object of their willies, becaufcit is thefole fecurity of their power. But when a general movement of the popular mind levels a def- potifm with the ground, it is far lefs eafy to reflrain '( i3 ) feflrain cxccfs. There is more refentment to fatiate and lefs authority to controul. The paiiion which produced an effect fo tremen- dous, is too violent to fubfide in a moment into fcrenity and fubmiffion. The fpirit of revolt breaks out with fatal violence after its object is defrroyed, and turns againfl the or- der of freedom thofe arms by which it had fubdued the ftrength of tyranny. The attempt to punljh the fpirit that actuates a people, if it were juff, would be in vain, and if it were pofjible, would be cruel. They are too many to be punimed in a view of juftice, and too ftro7i? to be punimed in a view of policy. The oflentation of vigor would in fuch a cafe prove the difplay of impotence, and the rigor of juftice conduct to the cruelty of extirpa- tion. Xo remedy is therefore left but the progrefs of inftruction, the force of perfuafion, the mild authority of opinion. Thefe reme- dies, though infallible, are of flow operation; 2nd in the interval which elapfes before a L z calm ( i4 ) calm iucceeds the boifterous moments of a Revolution, it is vain to expect that a people, inured to barbarifm by their oppreffors, and which has ages of oppreffion to avenge, will be punctiiioufly generous in their triumph, nicely difcriminative in their vengeance, or cautioufly mild in their mode of retaliation. ' They will break their chains on the heads " of their opprefibrs*. Such was the ftate of Fiance, and fuch were the obvious caufes that gave birth to fcenes which the friends of freedom deplore as tarnifhing her triumphs. They fee/ thefe evils as men of humanity. But they will not beftow the name on that wemanim and com- plcxional fenfibility, towards which, even in the {till intercourle of private life, Indulgence h mingled with love. The only humanity * The eloquent exprefnon of Mr. Cttrran in the Par- liament of Ireland, reipedling the Revolution. which, C '65 ) which, in the great affairs of men, claims their refpecl:, is that manly and expanded hu- manity, which fixes its ileady eye on the ob- ject of general happinefs. The fenfibility which fhrinks at a prefent evil, without ex- tending its views to future good, is not a vir- tue, for it is not a quality beneficial to man- kind : It would arreft the arm of a Surgeon in amputating a eanerened limb, or the hand of a Judge in figning the fentence of a parri- cide. I do not fay, (God forbid!) that a crime may be committed for the profpect of good. Such a doctrine would (hake morals to their center. But the cafe of the French Re- volutioniifs is totally different. Hasanv mo ralift ever pretended, that ive are to decline the purfult of a good which our duty prejcrlbed to us, becaufe we for ef aw that fame partial and in- cidental coil would ar if from it ? This is the true view of the queftion, and it is only by this principle that we are to effimate the re- I, 3 fponiibility ( 166 ) fponfibility of the leaders of the Revolution for the excelTes which attended it. If any of thefe leaders had crimes in con- templation for the attainment of their purpofe, I abandon them to merited obloquy and exe- cration. The man who would erec"l freedom on the ruins of morals, imderftands nor loves neither. But the number againft whom this charge has ever been injinuated, is fo imall, that fuppofing (what I do not believe) its truth, it only proves that corrupt and ambi- tious men will mix with great bodies. The qneftion with refpedt to the reft, is reducible to this ' : ' Whether they were to abftain. " from eftabli filing a free Government, be- " caufe they forefaw that it could not be ef- c< fecled without confufion and temporary di- " ftrefs Whether they were to be deterred " from purfuing that Conftitution which Ci they deemed be ft for their country, by the " profpccl ( i7 ) cc profpect of partial and tranfient evils, or to *' be confoled fortheie calamities by the view " of that happinefs to which their labours " were to give ultimate permanence and diffu- *' (ion r" A Minifter is not conceived to be guilty of fyftematic immorality, becaufe he balances the evils of the mo ft juft war with that national fecurity that is produced by the reputation of fpirit and power; nor ought the Patriot, who balancing the evils of tranfient anarchv with the inelTimable o;ood of eftab- lifhed liberty, finds the laft preponderate in the fcale. Such, in fact, have ever been the reafon- insrs of the leaders inthofe infurrections which have prefer ved the remnant of freedom that ftill exifts amono; mankind. Holland, Ens:- land, America, muft have reafoned thus, and the different portions of liberty which they enjov, have been purchaied by the endurance of far greater calamities than have been fuf- L 4 lered ( 1 68 ) fered by France. It is unneceffar y to appeal to the wars which for almoir. a century af> flicted the Low Countries. But it may be necelTary to remind England of the price me paid for the eilablifhment at the Revolution. The difputed fucceffion which arofe from that event, produced a deft.ruct.ive civil war in Ire- land, two rebellions in Scotland, the confer quen.t {laughter and banishment of thoufands of citizens, with the wideft confifcation of their properties ; not to mention the continen- tal connections into which it plunged England, the foreign wars in which it engaged us, and the neceffity thus impofed upon us of main- taining a {landing army, and accumulating an enormous public debt*. * Yet this was only the combat of reafon and freedom againft one prejudice, that of hereditary right, whereas the French Revolution is, as has been fublimely faid by the Bishop ofAutun, " Le premier combat qui fe foit jamais " livrce entre Tous les Principes et toutes les Ek.- * s ?.euks! AddreJJc aux Franccis, 1 1 Feu. 1790. The ( i 9 ) The freedom of America was purchafcd by calamities ft ill more inevitable. The au- thors of the Revolution muft have forefeen them, for they were not contingent or re- mote, but ready in a moment to burft on their heads. Their cafe is moil fimilar to that of France, and bell: anfwers one of Mr. Burke's moft triumphant arguments. They enjoyed fame liberty, which their oppreflbrs did not attack. The object of refinance was conceded in the progrefs of the war.' But like France, after the concemons of her King, they re- fufed to acquiefee in an imperfect liberty, when a more perfect one was within their reach. They purfued what Mr. Burke, whatever were his then fentiments, on his prefent fyitem, muft reprobate as a fpecula- tive and ideal good. They fought their be- loved independence through new calamities, through the prolonged horrors of civil war. " Their rehTrance," from that moment , " was againft concefiion. Their blows were li aimed ( I JO ) " aimed at a hand holding forth Immunity " and favours." Events have indeed juftified that noble refinance. America has emerged from her ftruggle into tranquillity and free- dom, into affluence and credit. The authors of her Conftitution have conftrucled a great permanent experimental anfwer to the fo- phifms and declamations of the detractors of liberty. But what proportion did the price me paid for fo Great Meiling bear to the transient misfortunes which have afflicted France ? - The extravagance of the comparifon mocks every unprejudiced mind. No feries of events in hiflory have probably been more widely, malignantly, and fyftematically ex- aggerated than the French commotions. An enraged, numerous and opulent body of exiles, difperfed over Europe, have poiTefled thcrafelves of every venal prefs, and filled the public ear with a perpetual buz of the crimes ( 17* ) crimes and horrors that were acling in France*. Inftead of entering on minute fcrutiny, of which the importance would neither expiate the tedioufhefs, nor reward the toil, let us content ourfelves with oppos- ing one general fact to this ho ft offalfe- hoods. No commercial houfe of importance has failed in France fince the Revolution I How is this to he reconciled with the tales that have been circulated. As well might the transfers of the Royal Exchange, be quietly executed in the ferocious anarchy of Gondar, * The manazuvres of M. Calonne, in England, arc too obvious from the complexion of fome Engliih prints. He informs us, that he had it once in contemplation to have inferted in a note at the end of his work extracts from the public papers in all the nations of Europe, demonftrating the general horror in which the French Revolution was held. This note would have been the more amufmg, as probably all thefc paragraphs were compo fed, and tranfmittcd it thefe papers by M. Calonne hlmfelf: who would thus be the lell-crcated organ of the voice of Europe. and ( I/* ) and the peaceful opulence of Lombard-Jireet, flourifii amidft hordes of Galla and Agows. Commerce, which fhrinks from the breath of civil confufion, has refilled this tempeft, and a mighty Revolution has been accomplished with lefs commercial derangement than could arife from the bankruptcy of a fecond rate houfe in London, or Amfterdam. The ma- nufacturers of Lyons, the merchants of Bour- deaux and Marfeilles, are filent amidft. the la- mentations of the Abbe Maury, M. Calonne, and Mr. Burke. Happy is that people whofe commerce flourimes in Ledgers, while it is bewailed in orations, and remains untouched in calculation, while it expires in the pictures of eloquence. This unqueftionable facl, is on a iuch a iubject worth a thoufand arsfu- ments, and to any mind qualified to judge, muff, cxpoie in their true light thofe execra- ble fabrications, which have founded fuch a *' fenfelefs yell" through Europe. But ( i/3 ) But let us admit for a moment their truth, and take as a fpecimen of the evils of the Revolution, the number of lives which have been loft in its progrefs. That no poffihility of cavil may remain, let us furpafs in an ex- aggerated eftimate the utmoft audacity of falfehood. Let us make a ftatement, from which the moil frontlefs hireling of Calonne would mrink. Let us for a moment fup- pofe, that in the courfe of the Revolution 20,000 lives have been loft. On the compa- rifon of even this lofs with parallel events in hiftory, is there any thing in it from which a manly and enlightened humanity will recoil ? Can it be compared with the {laughter that eftablifhed American freedom, or with the fruits of the En^lim Revolution? But this comparifon is an injuftice to the argument. Compare it with the expenditure of blood by which in ordinary wars fo many perni- cious and ignoble objects are fought. Compare it with the blood fpilt by Eng- land f 174 ) land in the attempt to fubjugate America, and if fuch be the guilt of the Revolutionifts of France, for having, at the hazard of this evil, fought the eftablifhment of freedom, what new name of obloquy fhall be applied to the Miniflcr of England, who with the cer- tainty of a deftruclion fo much greater, at- tempted the eftablifhment of tyranny ? The illufion which prevents the effect of thefe comparifons, is not peculiar to Mr. Burke. The maflacres of war, and the murders committed by the fword of jus- tice, are difguifed by the folemnities which invcfl them. But the wild jullice of the people has a naked and undifguifed horror. Its flighted exertion awakens all our indigna- tion, while murder and rapine, if arrayed in the gorgeous difguife of ads of State, may with impunity flalk abroad. Our fentiments are reconciled to them in this form, and we forget that the evils of anarchy mufl be mort- lived, ( '75 ) lived, while thofe of defpotic government arc fatally permanent. Another illufion has particularly in England favored the exaggeration of the exiles. We judge of France by our own lituation. This is to view it through a falfe medium. We ought to judge of it by a comparifon with nations in fimilar arcumpanccs. With us " the times may be moderate*, and therefore " ought to be peaceable :" But in France the times were not moderate, and could not be peaceable. Let us correct that illuiion of moral op- tics which makes near objecls fo difpro portionately large. Let us place the fcene of the French Revolution in a remote age, or in a diftant nation, and then let us calmly aik our own minds, whether the moil reafonable fubjec"t of wonder be not its unexampled mild- * Junius, nefs. ( 176 ) nefs, and the fmall number of individuals crufhed in the fall of fo vafr. a pile. Such are the general reflexions fugerefted by the difordcrs of the French Revolution. Of thefe, the firft. in point of time as well as of importance, was the Parifian infurrection and the capture of the Baflile. The mode in which that memorable event is treated by Mr. Burke, is worthy of notice. It oc- cupies no conipicuous place in his work. It is onlyobfcurely and contemptuoufly hinted at as one of thofe examples of iuccefsful re- volt, which have foitered a mutinous fpirit in the foldiery. " They have not forgot the * e taking of the King's Castles in Paris *' and at Marfeilles. That they murdered u with impunity in both places the Gover- *' nors has not efcaped their minds." (Burke, p. 3078.) Such is the courtly circumlocu- tion by which Mr. Burke defigns the Baftile the Kind's Cajile at Paris, Such is the igno- minious C l 77 ) minious language in which he fpeaks of the fummary juftice executed en the titled ruffian who was its Governor ; and fuch is the ap- parent art with which he has thrown into the back ground invective and afperity, which if they had been prominent, would have pro- voked the indignation of mankind. " J e f dls " *" a y s Mourner, ill the lan- guage of that frigid and fcanty approbation that is extorted from an enemy, " quil eft 1 i des circonftances qui legltiment rinfurrctlion, " ? je mets dans ce ?iombi~e celles qui ont cause Li lefiege de la Bajlille" (Expose de Mounter , p. 24.) But the admiration of Europe and of pofterity, is not to be eftimated by the penu- rious applaufe of M. Mounier, nor rcpreffed by the infiduous hoitility of Mr. Burke. It will correfpond to the fplendor of an insurrec- tion, as much ennobled by heroifm as it was juflified by neceffity, in which the citizens of Paris, the unwarlike inhabitants of a vo- M luptuous ( i;8 ) luptuous capital, liftening to no voice but that of the danger which menaced their re- prefentatives, their families, and their coun- try, animated, inftead of being awed, by the hojfts of difciplined mercenaries that inverted them on every fide, formed themfelves into an army, attacked with a gallantry and fuc- cefs equally incredible, a fortrefs formidable from its ftrength, and tremendous from its defoliation; diipelled every hoftile project, and changed the deftiny of France. To pal- liate or excufe luch a revolt, would be abject treachery to its principles. It was a cafe in which revolt was the dictate of virtue, and the path of duty ; and in which fubmiilion would have been the moil daitardly bafenefs, and the fouleft crime. It was an action not to be excufed, but applauded ; not to be par- doned, but admired. I ihall not therefore defcend to vindicate acts of heroifm, which hiitory will teach the remoteft. pofterity to revere, and of which the recital is deftined to kindle ( *79 ) kindle in unborn millions the holy enthu- fiafm of Freedom. Commotions of another defcription early followed the Revolution, partly arifing from the general caufes before ftated, and partly from others of more limited and local opera- tion. The peafantry of the provinces, buried for lo many ages in the darknefs of fervitude, faw, indiftinctly and confufedly, in the fir ft dawn of liberty, the boundaries of their duties and their rights. It was no wonder that they mould little underftand that freedom which fo long had been remote from their views. The name conveyed to their ear a right to reject all reilraint, to gratify every refentment, and to attack all property. Ruffians mingled with the deluded peafants, with hopes of booty, and inflamed their ignorance and prejudices, by forged acts of the King and the AiTembly authorizing their licentioufnefs. From thefe circum trances arofe many calamities in the M 2 provinces, ( 'So ) provinces. The country houfes of many gen- tlemen were burnt, and fome obnoxious per- fons were affaflinated. But one may without excefiive fcepticifm doubt, whether they had been the mi/deft majlers whofe chateaux had undergone that fate. Perhaps the peafants had oppreffions to avenge, thole filent grind- ing oppreflions that form almoft the only in- tercourie of the rich with the indigent; which though lefs flagrant than thofe of Go- vernment, are perhaps productive of more in- tolerable and diffuiive mifery. But whatever was the demerit of thefe ex- cefTes, they can by no torture of reafon be imputable to the National Afiembly, or the leaders of the Revolution. In what manner were they to reprefs them \ If they exerted againft them their own authority with rigor, 'they muft have provoked a civil war. If they invigorated the police and tribunals of the de- pofed Government, befides incurring the ha- zard ( i8i ) zard of the fame calamity, they put arms into the hands of their enemies. Placed in this di~ lemma, they were compelled to expecT: a flow remedy from the returning ferenity of the public mind, and from the progrefs of the new Government towards confidence and vi- gor A degree of influence exerted by the people, far more than would be tolerated by a firm Government, or could exift in a flate of tran- quillity, muit be expected in the crilis of a * If this fhtement be candid and exact, what {hall we think of the language of Mr. Burke, when he fpeaks qf the Assembly as " autholzing treafons, robberies, rape. - ;, " affaliinations, (laughters, and burnings, throughout all " their harraffed land." P. 58. In another place he groupes together the lcgillative extinction of the Order of Nobles with the popular excciTes committed againft individual N..O- blemen, to load the Affembly with the accumulated oblo- quy. See p. 2CO. A mode of proceeding more remarkable for ccntrovtTii.il dexterity than for candor. M 3 Revolution ( i8 ) Revolution which the people have made.* They have too recent experience of their own ftrensth to abftain at once from exerting: it. Their political paffions have been agitated by too fierce a ftorm to regain in a moment that ferenity which would expect with patient acquiefcence the decrees of their Reprefenta^ tives. From an inflamed multitude, who had felt themfelves irrefiftible, and whofe fancy annexed to the decifion of every political ques- tion the fate of their freedom, an undue in- terposition in the proceedings of the Legifla- ture was to have been expected. The pafllons which prompt it are vehement ; the arguments which prove its impropriety are remcte and refined. Too much, therefore, of this inter- polation was at fuch a conjuncture inevitable. It is without doubt a great evil, but it is irre- mediable. The fubmiflion of the people in a period of tranquillity, degenerates into a liflr lefs and torpid negligence of public affairs, and the fervor which the moment of Revolu- tion ( i3 ) tion infpires, necefTarily produces the oppofite extreme. That, therefore, the conduct of the populace of Paris fhould not have been the moft decorous and circumfpect reflecting the deliberations of the AfTembly, that it fhould be frequently irregular and tumultuous, was, in the nature of things, inevitable. But the horrible picture which Mr. Burke has drawn of that " ftern neceffity" under which this " captive" AfTembly votes, is neither juflirled by this concefiion, nor by the ftate of facts. It is the overcharged colouring; of a fervid imagination. Thole whom he alludes to, as driven away by aflaiiins, M. M. Lally and Aiounier, might, furely, have remained with perfect iafety in an AiTembly in which fuch furious invectives are daily bellowed forth with impunity againft the popular leaders. No man will deny, that that Member of the Minority enjoyed liberty of ipeech in its ut- moft plenitude, who called M. Mirabeau " Ls " plus vil de tons les ajfzjji-ns" is The tc iocs M A of ( 1*4 ) f of the lamp-poft and bayonet" have hither- to been vifionary. Popular fury has hitherto fpared the muft furious declaimers of Arifto- cracy, and the only decree^ fo far as I can dif- cern, which has even been pretended to have been materially influenced by the populace, is that reflecting the prerogatives of war and peace. That tumult has frequently derogated from the dignity and decorum which ought to diftinguifh the deliberations of a legiflative AfTembly, is not to be denied. But the only important queflion regards the effecl of thefe tumults on their decifions. That their debates have been tumultuous, is of little importance, if their decifions have been independent. Even in the queflion of war and peace, " the *' hjghefl bidder at the auction of popula- " rity*" did not fuccecd. The fchcme of M. Mirabtau, with few amendments, pre- vailed, while the more " fplendidly popular'* * Burke, p. 353. proportions, { '85 ) proportions, which vefted in the Legiflature alone the prerogative of war and peace were rejected. We are now conducted by the courfe of thefe ftrictures to the exceftes committed at Verfailles on the 5th and 6th of October, 1789. After the molt careful perufal of the voluminous evidence before the Chatelet, of the controverfjal pamphlets of M. iM d'Or- leans and Mounier, and of the official report of M. Chabroud to the AiTembly, the details of the affair fecm to me fo much involved in ob- fcurity and contradiction, that they afford little on which a candid mind can with con- fidence pronounce. They afford, indeed, to frivolous and pue- rile adverfaries the means of convicting Mr. Burke of fome minute errors. Monf. JMJo- wandre, the centmel at the Queen's-gate, it is true, furvives, but it is no Ids true, that he ( 186 ) he was left for dead by his aflaffins. On the companion of evidence, it feems probable, that the Queen's chamber was not broken into, " that the afylum of beauty and Majejiy was " not profaned*. But thefe flight corrections palliate little the atrocity, and alter not, in the leaft, the general complexion of thefe fla- gitious fcenes. o The moft important queftion which the fubjeel: prefents is, whether the Pariiian popu- lace were the inflruments of confpirators, or whether their fatal march to Verfailles was a fpontaneous movement, produced by real or chimerical apprehenfions of plots againft their * The cxprciTion of M. Cliabroud. Five witnefles aflert that the ruffians did not break into the Queen's chamber. Two give the account followed by Mr. Burke, and to give this preponderance its due force, let it be recollected, that the whole proceedings before the Chatclct were ex parte, Sec Procedure Criminclle fait au Chatclct dc Paris, &c. deux Parties. Paris, 1790. freedom. ( x7 ) freedom. I confefs that I incline to the latter opinion. Natural caujes feem to me adequate to account for the movement. A Icarcity of provii'ion is not denied to have exiiledin Pans. The dinner cf the body- guards might furclv have provoked a people more tranquil than thofe of a city fcarce recovered from the fhock of a great Revolution. The maledic- tions poured forth again il the National Aflem- bly, the infults offered to the patriotic cock- ade, the obnoxious ardor of loyalty difplayed on that occafion, might have awakened even the jealouly of a people whole ardor had been iatcd by the long enjoyment", and whole alarms had been quieted by the ice lire poi- feilion of liberty. The efcape of the King would be the infallible iignal of civil 'war the expofed fituation of the Royal rehdence was therefore a fource of perpetual alarm. 'I hefe cauies, operating on that credulous lea- i rciy \\ Inch is the malady of the Public mind w limes of civil coufulion, which ices hoitility and c I ) and eonfpiracy on every iide, feem fufficient to have actuated the Parifian populace. The apprehenfioiis of the people in fuch a period torture the moil: innocent and frivolous accidents into proofs of fanguinary plots. Witnefs the zi'ar of con/piracies carried on by the contending; factions in the reiern of Charles the Second. The boldnefs with which fuch charges are then fabricated, and the facility with which they are credited, form indeed, in the mind of a wife man, the ftrongefl: pre- fumptions againfr. their truth. It is in peru- fing the hiftory of fuch a period, that his fcep- ticifm refpecting conspiracies is the mod vigi- lant. The refearch of two centuries has not, in England, been able to decide difputes which thefe accufations have produced. The participation of Queen Mary in Babington's Plot againfr. Elizabeth, is frill the fubjecl of controverfy. We, at the prefent day, difpute about the nature of the connection which fub- fifted ( s 9 ) fitted between Charles the Firtt and the Ca- tholic infurgents of Ireland. It has occupied the labour of a century to feparate truth from falfehood in the Rye-houfe Plot, to diftinguifh what both the friendfhip and enmity of co- temporaries confounded ; the views of the leaders from the fchemes of the inferior con- fpirators, and to difcover that Ruflel and Syd- ney had, indeed, confpired a revolt, but that the underlings alone had plotted the aiTaffina- tion of the Kincr. o It may indeed be faid, that ambitious leaders availed themfelves of the inflamed ttate of Paris, that by falfe rumours, and exaggerated truths, they ttimulated the revenge, and in- ereafed the fears of the populace ; that their emiifaries, mixing with the mob, and con- cealed by its confufion, were to execute their flagitious purpofes ; that confpiracy was thus joined to popular madnefs, and fanatics, as ufual, were the dupes of hypocritical leaders. Such ( *9 ) Such is the accufation which has been made againft M. d'Orleans and M. Mirabean. Their defence is not impofed on the admirers of the French Revolution. The Revolution is not ftigmatized, if its progrefs has not been altogether exempt from the interpofition of profligate ambition, from which who can guard any of the affairs of men ? Their caufe is foreign from that of Revolution, and to be- come the advocate of individuals , were to for- get the dignity of a difcuffion that regards the rights and interefts of an emancipated nation. Of their guilt, however, 1 will be bold to fay, evidence was not collected by the malig- nant activity of an avowedly hoilile tribunal, which, for a moment, would have fufpended their acquittal by an Engiifh Jury. It will be no mean teilimony to the innocence of M. jvfh'abcan, that an opponent, not the mild- eft in his enmity, nor the moil candid in his judgment, confefTed, that he faw no feri- ous ground of accufation againfr. him. j avoue, ( '9 1 ) K J'avoue" 'fays the Abbe Maury, u que je ne vois aucune " Mirabeau*.' " yow aucune Imputation grave contre M. de One circumftance of repulfive improbability is on the face of the project attributed to them, that of intimidating the King into a flight, that there might be a pretext for ele- vating the Duke of Orleans to the office of Regent. But the King could have had no rational hopes of efcapingf, for he muft have traverfed 200 miles of a country guarded by a people in arms, before he could reach the neareft frontier of the kingdom. The object of the confpiracy then was too abfurd to be purfued by confpirators, to whom talent and iagacity have not been denied by their ene- mies. That the popular leaders in France * Difcours de M, l'Abbe Maury dans I'AfTemblee Na tionale, 1 O&obre, 1790, f The circumstances of his late attempt fanclion this reafoning. did, ( *9* ) did, indeed, defire to fix the Royal refidence at Paris, it is impoffible to doubt. The name, the perfon, and the authority of the King* would have been moft formidable weapons in the hands of their adverfaries* The peace of their country, the liability of their freedom* called on them to ufe every meafure that could prevent their enemies from getting poiTeffion of that " Royal Figure." The name of the King would have fan&ioned foreign powers in fupporting the ariftocracy. Their mterpoli- tion, which now would be hoflility againfl the King and kingdom, would then have been only regarded as aid againfl: rebellion. The name of the King would fafcinate and inflame the people of the provinces. Againfl: all thefe dreadful confequences, there feemed only one remedy, the residence of the King at Paris* Whether that reiidence is to be called a capti- vity, or by whatever other harm name it is to be defigned, I will not hefitate to affirm, that the Parliament of England would have merited the ( *93 ) the gratitude of their country, and of poste- rity, by a limilar prevention of the efcape of Charles I. from London. The fame acl would have given Stability to their limitations of kingly power, prevented the horrors of civil war, the defpotifm of Cromwell, the relapfe into fervitude under Charles II. and the cala- mities that followed the fubfequent Revolu- tion. Fortunate would it have been for Eng- land, if the perfon of James II. had been re- tained while his authority was limited. She would then have been circumstanced as France is now; where the odium ofperfonal mifcon- duel; would have kept alive a falutary jealouiy of power, the prejudices of perjonal right would not have been provoked to hoftility againft the Constitution, nor the people com- pelled to entruft their new Sovereign with exorbitant Strength to defend their freedom and his contended throne. Such is the general view which a calm furvey may fugged: of the 6th October. The march to Verfailles feems N to ( 194 ) to have been the fpontaneous movement of an alarmed populace. Their views, and the fug- geftions of their leaders, were probably bound- ed by procuring the King to change his refi- dence to Paris, but the collifion of armed mul- titudes terminated in unforefeen excefTes and execrable crimes. In the eye of Mr. Burke, however, thefe crimes and excefTes aflume an afpecl far more important than can be communicated to them by their own infulated guilt. They form, in his opinion, the crifis of a Revolution, far more important than any change of Govern- ment; a Revolution, in which the fentiments and opinions that have formed the manners of the European nations are to perifh. " The " age of chivalry is gone, and the glory of " Europe extinguished for ever.'* He follows this exclamation by an eloquent eulogium on chivalry, and by gloomy predictions of the fu- ture ftate of Europe, when the nation that has been ( *95 ) been ib long accu domed to give her the tons in arts and manners is thus debafed and cor- rupted. A caviller might remark that ages* much more near the meridian fervor of chi- valry than ours, have witneffed a treatment of Queens as little gallant and generous as that of the Parifian mob. He might remind Mr. Burke, that in the age and country of Sir Philip Sidney, a Queen of France, whom no blindnefs to accomplishment, no malignity of detraction could reduce to the level of Maria Antonietta, was, by " a nation of men " of honour and cavaliers," permitted to lan- guish in captivity and expire en a fcaftold ; and he might add, that the manners of a country are more furely indicated by the iyf- tematic cruelty of a Sovereign, than bv the licentious phrenzy of a mob. He might re- mark, that the mild lyftem of modern man- ners which furvived the mafTacres with which fanaticifm had for a century defolated, and almoft barbarized Europe, might, perhaps, N 2 refift ( is* ) refift the mock of one day's excefles commit- ted by a delirious populace. He might thus, perhaps, oppofe fpecious and popular topics to the declamation of Mr. Burke. But the fubjecl: itfelf is, to an enlarged thinker, fertile in reflexions of a different na- ture. That fyftem of manners which arofe among the Gothic nations of Europe, of which chivalry was more properly the effufion than ths fource, is without doubt one of the mod peculiar and interefting appearances in human afrairs. The moral caufes which formed its character have not, perhaps, been hitherto investigated with the happieft fuccefs. But to confine ourfelves to the fubjecl: before us. Chivalry was certainly one of. the moil pro- minent features and remarkable effects of this fyftem of manners. Candor nuift confefs, that this lingular inftitution is not alone ad- mirable as a corrector of the ferocious ages in which it flourifhed. It contributed to polish and C 197 > and {often Europe. It paved the way for that diffiifion of knowledge and extenfion of com- merce which afterwards, in fome meafure, fupolanted it, and gave a new character to manners. Society is inevitably progreffive. In Government, commerce has overthrown that " feudal and chivalrous fyftem" under whole ihade it firft grew. In religion, learn- ing has fubverted that fuperftition whole opu- lent endowments had fir ft foftered it. Pecu- liar circumftances foftened the barbarilm of the middle aires to a degree which favoured the admiflion of commerce and the growth of knowledge. Theie circumftances were con- nected with the manners of chivalry; but the fentiments peculiar to that inftitution could only be preferved by the fituation which gave them birth. They were therefore enfeebled in the pro ere Is from ferocity and turbulence, and almoft obliterated by tranqu llity and re- finement. But the auxiliaries which the man- ners ol chivalry had in rude ages reared, ga- N 3 thercd f 198 ) thercd ftrength from its weaknefs, and flou* rimed in its decay. Commerce and difFufed knowledge have, in fact, fo compleatly af- fumed the afcendant in polifhcd nations, that it will be difficult to difcover any relics of Gothic manner s^ but in a fantaftic exterior, which has furvived the generous illufions that made thefe manners fplendid and feductive. Their dlretl, influence has long ceafed in Eu- rope*, but their hidiredl influence, through the medium of thofc caufes, which would not perhaps have exifted, but for the mildnefs which* chivalry created in the midft of a bar- barous age, {Kll operates with encreafing vigor. The manners of the middle age were, in the mod: lingular fenfe, compulfory. Enterpriz- ing benevolence was produced by general fierccnefs, gallant courtefy by ferocious rude- v " Thofc elfin charms that held in magic night " Our elder fame, and dimm'd our genuine light, " At length diffolve in Truth's meridian ray." nefs, ( 99 ) nefs, and artificial gcntlcnefs refitted the tor- rent of natural barbarifm. But a lefs incon- gruous fyftem has fucceeded, in which com- merce, w hich unites men's interefts, and knowledge, which excludes thofe prejudices that tend to embroil them, preient a broader bails for the liability of civilized and benefi- cent manners. Mr. Burke, indeed, forbodes the moft fa- tal confequences to literature from events, which he fuppofes to have given a mortal blow to the fpirit of chivalry. I have ever been protected from fuch apprehenfions by my belief in a very fimple truth, that diffufed knowledge immortalizes itfelf. A literature which is confined to a few, may be deftroyecl by the maflacre of fcholars and the conflagra- tion of libraries ; but the dirfuied knowledge of the preient day could only be annihilated by the extirpation of the civilized part of mankind. N 4- Far ( 20Q ) Far from being hofKIe to letters, the French Revolution has contributed to ferve their caufe in a manner hitherto unexampled in hif- tory. The political and literary progrefs of na- tions has hitherto been the fame ; the period of their eminence in arts has alfo been the aera of their hiftorical fame ; and no example occurs in which great political fplendor has been fubfe- quent to the JJuguJlan age of a people. Pre- vious to the year 1789, this might have been confidered as a maxim to which hiftory fur- nished no exception. But France, which is deftined to refute every abject, and arrogant doctrine that would limit the human powers, prefents a new fcene. There the mock of a Revolution has infufed the ardor of juvenile literature into a nation tending to decline. New arts are called forth when all feemed to have palled their zenith. France enjoyed one Auguflan age, foftered by the fovor of defpo- tifm. She feems about to witnefs another, created by the energy of freedom. In ( 201 ) In the opinion of Mr. Burke, however, fhe is advancing by rapid ftrides to ignorance and barbarifm*. " Already," he informs us, " there appears a poverty of conception, a " coarfenefs and vulgarity in all the proceed- " ings of the AfTembly, and of all their in- " ftructors. Their liberty is not liberal. Their " fcience is prefumptuous ignorance. Their " humanity is favage and brutal." To ani- madvert on this modeft and courteous pic- ture belongs not to the prefent fubjecT: ; and impreffions cannot be difputed, more eipe- cially when their grounds are not ailigned. All that is left is, to declare oppofite impref- fions with a confidence authorized by the ex- ample. The proceedings of the National AiTernbly of France appear to me to contain models of more iplendid eloquence, and ex- amples of more profound political refearch, than have been exhibited by any public body ' Burke, p. 1 1 8. in ( 202 ) in modern times. I cannot therefore augur, from thefe proceedings, the downfall of phi- lofophy, or the extinction of eloquence. Thus various are the afpects which the French Revolution, not only in its influence on literature, but in its g-eneral tenor and fpi- rit, prefents to minds occupied by various opinions. To the eye of Mr. Burke, it exhi- bits nothing but a fcene of horror. In his mind it infpires no emotion but abhorrence of its leaders, commiferation of their victims, and alarms at the influence of an event which menaces the fubverfion of the policy, the arts, and the manners of the civilized world. Minds who view it through another medium are filled by it with every fentiment of ad- miration and triumph of admiration due to fplendid exertions of virtue, and of tri- umph infpired by widening profpects of hap- r ? n e f q . Nor C 203 ) . Nor ought it to be denied by the candor of philofophy, that events fo great are never {0 unmixed as not to prefent a double afpec~t to the acutenefs and exaggeration of contending parties. The fame ardor of paflion which produces patriotic and legiilative heroifm be- comes the fource of ferocious retaliation, of villonary novelties, and precipitate change. The attempt were hopelefs to encreafe the fertility, without favouring the rank luxu- riance of the foil. He that on fuch occaiions expects unmixed good, ought to recollect, that the ceconomy of Nature has invariably determined the equal influence of high paf- fions in giving birth to virtues and to crimes. The foil of Attica was remarked by anti- quity as producing at once the moll delicious fruits and the moli virulent poifons. It is thus with the human mind ; and to the fre- quency of convulfions in the ancient com- monwealths, they owe thole examples of fanguinarv tumult and virtuous heroifm, which ( 204 ) which diftinguifh their hiftory from the mo- notonous tranquillity of modern States. The paffions of a nation cannot be kindled to the degree which renders it capable of great at- chievements, without endangering the com- miflion of violences and crimes. The re- forming ardor of a Senate cannot be inflamed fufficiently to combat and overcome abufes, without hazarding the evils which arife from legiflative temerity. Such are the immutable laws, which are more properly to be regarded as libels on our nature than as charges againft the French Revolution. The impartial voice of Hiftory ought, doubtlefs, to record the blemiihes as well as the glories of that great event, and to contrail the delineation of it which might have been given by thefpecious and temperate ^foryifm of Mr. Hume, with that which we have received from the repul- five and fanatical invectives of Mr. Burke, might frill be amufing and inftruclive. Both thefe crreat men would be adverfe to the Re- volution ; ( 20 5 ) volution ; but it would not be difficult to di- flinguim between the undifguifed fury of an eloquent advocate and the Well diffembled partiality of a philofophical Judge. Such would probably be the difference between Mr. Hume and Mr. Burke, were they to treat on the French Revolution. The paflions of the latter would only feel the exceiTcs which had difhonoured it ; but the philofophy of the for- mer would inflrucl him, that the human feelings, raifed by fuch events above the level of ordinary fituations, become the fource of a guilt and a heroifm unknown to the ordi- nary affairs of nations ; that fuch periods are only fertile in thofe fublime virtues and fplen- did crimes, which fo powerfully agitate and in te reft the heart of man. SECT, ( zc6 ) SECTION IV. New Conjiitution of France*. DifTertation approaching to complete* nefs on the new Conilitution of France would, in fact, be a vaft fyltem of political fcience. It would include a developement of the principles that regulate eveiy portion of Government. So immenfe an attempt is little fuited to our prefent limits. But fome remarks on the prominent features of the French fyf- tem are exacted by the nature of our vindica- tion. They will confifl chiefly ofa defence of * I cannot help exhorting thofe who defire to have accu- rate notions on the fubjecr. of this feiEtion, to perufe and fludy the delineation of the French Conflitution, which with a correclnefs fo admirable, has been given by Mr, Christie, their ( 2 7 ) their grand Theoretic Principle, and their mo ft important Practical Institution. The principle of theory which has actuated the Legiflators of France has been, that the object of all legitimate Government is the afTertion and protection of the Natural Rights of Man. They cannot indeed be abfolved of fome deviations * from the path prefcribed by this great principle ; few indeed compared with thole of any other body of whom hiftory 'has preferved any record ; but too many for their own glory, and for the happinefs of the human race. This principle, however, is the balls of their edifice, and if it be falfe, the ftruclure muft fall to the ground. Againft this principle, therefore, Mr. Burke has, with great judgment, directed his attack. Appeals to natural right are, ac- * I particularly allude to their Colonial policy ; but I think it cand'ul to fay, that 1 fee in their full force the diffi- culties of that embarrafllng bufinefs, cording ( 2o8 ) cording to Hm, inconfiftent and prepofterous. A complete abdication and furrender of all na- tural right is made by man in entering into Society, and the only rights which he retains are created by the compact which holds to- gether the fociety of which he is member. This doctrine he thus explicitly aflerts. * The moment," fays he, 44 you abate any 4 thins; from the full rights of men each to ' govern himfelf, and fuffer any artificial po- 4 fitive limitation on thole rights, from that 4 moment the whole organization of fociety ' becomes a coniideration of convenience." Burke, p. 89. " How can any man claim under 4 the conventions of civil fociety rights which 4 do not fo much as fuppofe its exigence 4 Rights which are abfolutely repugnant to 4 it?" Ibid. p. 83. To the fame purpofe is his whole reafoning from p. 86 to p. 92. To examine this doctrine, therefore, is of funda- mental importance. To this effect it is not neccffary to enter on atiy elaborate refearch into ( 20 9 ) into the metaphyficai principles of politics and ethics. A full difcuflion of the fubjecl would indeed demand fuch an inveftjgation*. The origin of natural rights muft have been illus- trated, and even their exiftence proved againft fome theories. But fuch an enquiry would have been inconfiftent with the nature of a publication, of which the object was to en- force conviction on the people. We are be- fides abfolved from the neceffity of it in a controverfy with Mr. Burke, who himfelf re- cognizes, in the mod ample form, the exift- ence of thofe natural rights* '& j : It might, perhaps, not be difficult to prove, that far from zfurrendcY) there is not even a diminution of the natural rights of men by their entrance into Society. The exiftence of fome union, with greater or lefs permanence and perfec- tion of public force for public protection {the ejfence of Go- vernment) might be demonftrated to be coeval, and co-ex- tended with man. All theories therefore, which fuppofe the atlual exijlence of any ftate antecedent to the fociai^ J-nigh?: be convicted of futility and faliehocd, O Granting ( 210 ) Granting their existence, the difcufllon is moit. The only criterion by which we can edimate the portion of natural right furren- dered by man on entering into fociety is the object of the furrender. If more is claimed than that object exacts, it becomes not an ob~ ject^ but a pretext. Now the cbjecl for which a man religns any portion of his natural fove- reignty over his own actions is, that he may be protected from the abufe of the fame domi- nion in other men. No greater facrifice is therefore necefiary than is prefcribed by this object, the refignation of powers that in their exercife might be injurious to another.. No- thing, therefore, can be more fallacious than to pretend, that we are precluded in the fociai flate from any appeal to natural right*. It re- " Trouver une forme deliberation qui defende & pro- 4< tege de toute la force commune la perfonne 3c les biens " de chaque aiTocie, h par laquellc chacun s'uniffant a tous " yiobcljje pov.rtant qti'a lul-mcme 5 ) as the forms of any Government are pre- served, itpoiTefTes, In a view of ju 'ft ice, (what- ever be its nature) equal claims to obedience. This inference is irrefiftible, and it is thus evi- dent, that the doctrines of Mr. Burke are doubly refuted by the fallacy of the logic which fupports them, and the abfurdity of the con.- clufions to which they lead. They are alfo virtually contradicted by the laws of all nations. Were his opinions true, the language of laws fhould be permijjive, not rejlricHive. Had men furrendered all their rights into the hands of the magiftrate, the object of laws fhould have been to announce the portion he was pleafed to return them, not the part of which he is compelled to deprive them. The criminal code of all nations con- fids of prohibitions, and whatever is not pro- hibited by the law, men every where conceive themfelves entitled to do with impunity. They act on the principle which this language O a, of ( 216 ) of law teaches them, that they retain rights which no power can impair or infringe, which Tire not the Boon of fociety, but the attribute of their nature. The rights of magiftrates and public officers are truly the creatures of So- ciety. They, therefore, are guided, not by what the law does not prohibit, but by what it authorizes or enjoins. Were the rights of citizens equally created by locial inftitution, the laneuag-e of the civil code would be fimi- lar, and the obedience of fubjects would have the fame limits. This doctrine, thus falfe in its principles, abfurd in its conclufions, and contradicted by the avowed fenfe of mankind, is even aban- doned bv Mr. Burke himfelf. He is betraved into a confeflion directly repugnant to his ge- neral principle. " Whatever each man can " do without trefpafling on others, he has a " right to do for himfelf, and he has a li right to a fair portion of all that fo ii ciety., ( 2i; ) ^ ciety, with all its combinations of (kill and 44 force, can do for him." Either this right is universal, or it is not. If it be univerfal, it cannot be the offspring of convention, for conventions mud: be as various as forms of government, and there are many of them which do not recognize this right, nor place man in this condition of jufr. equality. All Governments, for example, which tolerate flavery neglect this right : for a flave is neither entitled to the fruits of Irs own induftry, nor to any portion of what the combined force and (kill of fociety produce. If it be not uni- verial, it is no right at all, and it can onlv be called a privilege accorded by fome Govern- ments, and with-held by others. I can dif- cern no mode of efcanine; from this dilemma, but the avowal that thcie civil claims are the remnant of thole metaahvfic rights which Air. Burke holds in inch abhorrence, but which it jecms the more natural object of fociety to protect than deftroy. But ( "8 ) Bat it may be urged, that though all ap- peals to the natural rights of men be not pre- cluded by the fecial compact, though the inte- grity and perfection in their civil ftate may the' oretlcally be admitted, yet as men unqueftion- ably may refrain from the exercife of their rights, if they think their exertion unwife : and as Government is not a fcientific fubtlety, but a practical expedient for general good, all recourfe to thefe elaborate abftractions is frivo- lous and futile, and the grand queftion in Go- vernment is not its fource, but its tendency ; not a quefrion of right, but a coniideration of expediency. Political forms, it may be added, are only the means of enluring a certain por- tion of public felicity. If the end be confef- fedly obtained, all difcuffion of the theoretical aptitude of the means to produce it is nugatory and redundant. To this I anfvver, jirft, that fuch reafoning will prove too much, and that, taken in its proper ( 2i9 ) proper extent, it impeaches the great fyftem of morals, of which political principles form only a part. All morality is, no doubt, founded on a broad and general expediency " Ipja " utilitas jufti probe mater & equi, may be fafely adopted, without the refer ve dictated by the timid and inconftant philofophy of the Poet. Juflice is expediency, but it is expe- diency, (peaking by general maxims, into which reaibn has concentrated the experience of mankind. Every general principle of juf- tice is demonstrably expedient, and it is this utility alone that confers on it a moral obliga- tion. But it would be fatal to the exigence oi morality, if the utility of every particular act were to be the fubject of deliberation in the mind of everv moral agent. A general moral maxim is to be obeyed, even if the inutility is evident, becaufc the precedent of deviating more than balances aiiv utility that may exiii in the particular deviation. Political firft prin- ciples are of this defcription. They are only moral ( 220 ) moral principles adapted to the civil union of men. When I affert that a man has a right to life, liberty, &c. I only mean to anun- ciate a moral maxim founded on general intereji, which prohibits any attack on thefe pofTeffions. In this primary and radical fenfe, all rights, natural as well as civil, ariie from expediency. But the moment the moral edi- fice is reared, its bails is hid from the eye for ever. The moment thefe maxims, which are founded on an utility that is paramount and perpetual, are embodied and confecrated, they ceafe to yield to partial and fubordinate expe- diency. It then becomes the perfection of virtue to conlider, not whether an action be ufefui, but whether it be right. The fame neceflity for the fubflitution of general maxims exifls in politics as in morals. Thefe precife and inflexible principles, which yield neither to the feduttions of paffion, nor the fu sgeflioii of intercft, ought to be the guide ( 221 ) guide of public as well as private morals. Acting according to the natural rights of men, is only another expremon for acting according to thofe general maxims of focial morals which prefcribe what is right and jit in human intercourfe. We have proved that the focial compact does not alter thcfe maxims, or de- ftroy thefe rights, and it inconteftibly fol- lows, from the lame principles which guide all morality, that no expediency can juflify their infraction. The inflexibility of general principles is, indeed, perhaps more neceiTary in political morals than in any other clafs of actions. If the confideration of expediency be admitted, the queftion recurs, who are to judge of it ? They are never the many whofe interefl is at ftake : They cannot judge, and no appeal to them is hazarded. They are the few, whofe interefl is linked to the perpetuitv of oppref- fion and abufe. Surelv that Judge ought to be ( 222 ) be bound down by the ftricteit. rules, who is undeniably interefted in the decifion ; and he would fcarcely be efteemed a wife Legiflator, who mould veft in the next heir to a lunatic a difcretionary power to judge of his fanity or derangement. Far more necelfarv then is the obedience to general principles, and the main- tenance of natural rights, in politics than in the morality of common life. The moment that the ilendereft infraction of thefe rights is permitted for motives of convenience ; the bul- wark of all upright politics is loft. If a fmall convenience will juftify a little infraction, a greater pretended convenience will expiate a bolder violation. The Rubicon is pair. Ty- rants never feek in vain for fophifts. Pre- tences are multiplied without difficulty and without end. Nothing, therefore, but an in- liexible adherence to the principles of general right can preferve the purity, confiftency, and {lability of a ^rcc State. We ( 22 3 ) We have thus vindicated the firft theoreti- cal principle of French legiflation. The doc- trine of an abfolute furrender of natural rights by civil and focial man, has appeared to be deduced from inadequate premiles ; and to conduct to abfurd concluiions, to fanctify the moil: atrocious defpotifm, to outrage the moil; avowed convictions of men, and, finally, to be abandoned, as hopelefsly untenable by its au- thor. The exiftence and perfection of thefe rights being proved, the fir ft duty of law- givers and magistrates is to afTert and protect them. Moft wifely and aufpicioufly then did France commence her regenerating labours with a folemn declaration of thefe facred, in- alienable, and imprefcriptible rights a decla- ration which muft be to the citizen the moni- tor of his duties, as well as the oracle of his rights; by a perpetual recurrence to which the deviations of the magiftrate are to be checked, the tendency of power to abufe cor- rected, and every political proportion (being compared ( 224 ) compared with the end of fociety) correctly and difpaffionately eftimated. Thefe declara- tions of the rip-hts of men originated from the juvenile vigor of reaion and freedom in the new world, where the human mind was un- incumbered with that vail mats of ufasfe and prejudice, which io many ages of ignorance had accumulated, to load and deform fociety in Europe. France learned this, among other leflons, from America ; and it is perhaps the only expedient that can be devifed by human wifdom to keep alive the public vigilance again ft the uiurpation of partial interefts, by perpetually prefenting the general right and the general intereft to the public eye. Thus far I truit will be found correct the fcientific principle which has been the Polar Star, by the light of which the National Aflembly of France has hitherto navigated the veiTel of the State, amid fo many tcmpefls howling de- duction around them on excry fide. There C 5 ) There 'remains a much more extenfive and complicated enquiry, the confideration of their political inftitutions. As it is impofiible to examine all, we muft limit our remarks to the mo ft important. To fpeak then generally of their Conftitution, it is a preliminary re- mark, that the application of the word De- mocracy to it is fallacious and illufive. If that word, indeed, be taken in its etylomo- gicalfenfe, as the power of the people, it is a Democracy, and fo is all legitimate Govern- ment. But if it be taken in its hiftorical fenfe, it is not fo, for it does not refemble thole Governments which have been called Democracies in ancient or modern times. In the ancient Democracies there w r as neither re- presentation nor divifion of powers. The rabble legiflated, judged and exercifed every political authority. I do not mean to deny that in Athens, the Democracy of which hif- tory has trail fmitted to us the moil monu- ments, there did exift fome feeble controls. P But C 226 ) But it has been well remarked, that a multi- tude, if it was compofed of Newtons, mull be a mob. Their will muffc be equally un- wife, unjuft, and irrefiftible. The authority of a corrupt and tumultuous populace has in- deed by the bed writers of antiquity been re- garded rather as an Ochlocracy than a Demo- cracy, as the defpotifm of the rabble, not the dominion of the people. It is a degenerate Democracy. It is a febrile paroxyfm of the focial body, which mull: fpeedily terminate in convalefcence ordiffolution. The New Conflitution of France is almofr. directly the reverfe of thefe forms. It veils the legislative authority in the Reprefentatives of the people, the executive in an hereditary Firil: Magiftrate, and the judicial in Judges, periodically elected, unconnected either with the Legilhture or with the executive Magif- trate. To confound fuch a conflitution with the Democracies of antiquity, for the purpofe of ( i2 7 ) of quoting hitlorical and experimental evi- dence againft it, is to recur to the inofl: paltry and mallow arts of iophitlry. In difcuf- fing it, on the prefent occafion, the mil qucftio 1 that ariies regards the mode of con- flicting the Lcgiflature, and the firft divifion of this queftion, which conliders the right of furrrage, is of primary importance in Commonwealths. Here I moft cordially asree with Mr. Burke * in reprobating the impotent and prepoflerous qualification by which the Aflembly have dhfranchifed every citizen who does not pay a direct contribution equivalent to the price of three days labour. Nothing can be more evident than its inefficacy for any purpofe but the diiplay of inconli fteney, and the violation of juflice. But thefe remarks were made at the moment of diicuflion in France, and the plan f was combated in the * P. 257-3, f For the hiftory of this decree, the 27th and 29th days or" O^obcr, 1709, fee the Prods verbaux of theic days. P % See ( 228 ) AfTembly with all the force of reafon and elo- quence by the moft confpicuous leaders of the popular party. M. M. Mirabeau, Target, and Petion, more particularly difhinguifhed them- felves by their oppofition. But the more timid and prejudiced members of the democratic party ilirunk from fo bold an innovation in political fyftems, as justice. They fluctu- ated between their principles and their preju- dices, and the ftruggle terminated in.anillu- flve compromife, the conftant refource of fee- ble and temporizing characters. They were content that little practical evil mould in fact be produced. Their views were not fuffici- ently enlarged and exalted to perceive, that the inviolability of principles is the Palladium of virtue and of freedom. The mem- bers of this defcription do not, indeed, form the majority of their party ; but Ariflocratic S->e alto tit;.- Journal de Pa) is, No. 301, &: Lcs Revolutions ii: Puiis, No. 17, p. 73, & [cq. Thcfc authorities amply coiToborato the affertions of the text. minority, ( 229 ) minority, anxious for whatever might difho- nor or embarrafs the Aflembly, eagerly coa- lefced with them, and ftained the infant Con- ftitution with this abfurd usurpation. An enlightened and refpeclable antagonift of Mr. Burke has attempted the defence of this meafure. In a letter to Earl Stanhope, p. 78 9, it is contended, that the ipirit of this regulation accords exadlly with the prin- ciples of natural juftice, becaufe even in an unfocial ftate, the pauper has a claim only on charity, and he who produces nothing has no right to mare in the regulation of what is produced by the induftxy of others. But whatever be the juftice of disfranchifing the unproductive poor, the argument is, in point of fact, totally mifapplied. Domcftic fervants are excluded by the decree of the ArTembly, though they fubfift: as evidently on the pro- duce ot their own labour as any other clais of men in fociety ; and to them therefore the ar- P 3 gument ( 23 ) gument of our acute and ingenious writer is totally inapplicable*. But it is the con Tola-* tion of the confident friends of freedom, that this abufe muft be fbort-lived. The fpirit of reafon and liberty, which has atchieved fuch mighty victories, cannot long be refilled by this puny foe. The number of primary elec_ tors is at prefent fb great, and the importance of their lingle votes fo proportionally little, that their intereft in refitting the extenfion of the right cf furFrage is infignificaiitly fmall. Thus much have I fpoken of the ufurpation of the rights of fufFrage with the ardor of an- xious affection, and the freedom of liberal admiration. The moment is too ferious for * It has been very jufUy remarked, that even on the idea of taxation, all men have equal rights of election. For the man who is too poor to pay a direct contribution to the State, flill pays a tax in the increafed price of his food and cloaths. It is befidcs to be obferved, that life and liberty are more fa- cred than property, and that the right of fuffiage is the only fhield that can guard them. compliment, ( 23 1 ) compliment, and I leave untouched to the partizans of defpotifm, their monopoly of blind and fervile applaufe*. I muft avow, with the fame franknefs, equal difapprobation of the elements of terri- tory and contribution which enter into the proportion of Reprefentatives deputed by the various portions of the kingdom. Territorial or financial reprefentationf, is a monftrous * c< He who freely magnifies what has been nobly done, and fears not to declare as freely what might have been done, better gives you the beft covenant of his fidelity. His higheft praife is not flattery, and his plained advice is praife." Ml LTOn's Arco-pag.tica. f Montefquieu, I think, mentions a federative Republic in Lycia, where the proportion of Reprefentatives deputed by each State was in a ratio compounded of its population and contribution. There might be fome plaufibility in this in- ftitution among confederated independent States, but it is grofily abfurd in a Commonwealth, which is vitally One. In fuch a ftate, the contribution of all being proportioned to their capacity, it is relatively to the contributors equal, P 4 and ( 2 3 2 5 relic of ancient prejudice. Land or money cannot be reprefented. Men only can be re- prefented, and population alone ought to re^- gulate the number of Rcprefcntatives which any diflridt delegates. The next consideration that prefents itfelf is, the nature of thofe bodies into which the citizens of France are to be organized for the performance of their political functions. In this important part of the fubject, Mr. Burke has committed fome fundamental errors. It is more amply, more dexteroufly, and more correctly treated by M. de Calonne, of whofe work this difcuflion forms the moft intereft- ing part. The AITemblies into which the people of France are divided, are of four kinds. Prima- ry, Municipal, Electoral, and Adminiftrative. and if it can confer any political claims, they mult derive from it ecjual rights. To ( *33 ) To the Municipalities belong the care of preferving the police, and collecting the reve- nue within their jurifdiction. An accurate idea of their nature and object may be formed by fuppofing the country of England uniformly divided, and governed, like its cities and towns, by magiftracies of popular election. The Primary Affemblies, thefirft elements of the Commonwealth, are formed by all the citizens, who pay a direct contribution, equal to the price of three days labour, which may be averaged at half a Crown Englim. Their functions are purely electoral. They fend Re- prefentatives directly to the AlTembly of the Department, in the proportion of one to every hundred active citizens. This they do not through the medium of the diftrict, as was originally propofed by the Conftitutional Com- mittee, and has been erroneouily ftated by Mr. Burke. They lend, indeed, Representa- tives to the Affembly of the diftrict, but it is the ( 234 ) the object of that AfTembly hot to depute electors to the department, but to elect the adminiftrators of the diftrict itfelf. The Electoral Affemblies of the Depart- ments, formed by the immediate delegates of the people in their primary Affemblies, elect the Members of the Legislature, the Judges, the Administrators, and the * Bifhop of the Department. The Mmintjlrators are every where the or- gans and inftruments of the Executive Power. As the provinces of France, under her an- cient Government were ruled by Governors, Intendants, &c. appointed by the Crown, fo they are now governed by thefe adminiiTra- tive bodies, who are chofen by the Electoral AfTemblies of the Departments. * Every Department is an Epifcopal See. Such ( *3S ) Such is die rude outline of that elaborate organization which the French Lesfillature have formed. Details are not neceffary to mv purpoie ; and I the morechearfully abftain from them, becaufe I know that they will be fpeeclily laid before the Public by a perfon far more competent to deliver them with precifi- on, and illuftrated with a very correct and inge- nious chart of the New Conititution of France. Aeainfr. the arrangement of thefe Aflem- blies, many fubtle and fpecious objections are firmed, both bv Mr. Burke and the exiled Mi- nifter of France. The fir ft and moil: formi- dable is, "The fuppofed tendency of it tc " difmerr/ber France into a body of confede- " rated Republics." To this objection there are ieveral unanswerable replies. But before I ftate them, it is neceffary to make one di- fhnction. Thefe feveral bodies are, in a cer- tain ienfe independent, in what regards lub- ordinate and interior regulation. But they are ( 2 3 6 ) are not independent in the fenfe which the objection fuppofes, that of pofleffing a feparate will from that of the nation, or influencing, but by their Reprefentatives, the general fyf- tem of the State. Nay, it may be demon- flrated, that the Legiilators of France have folicitoufly provided more elaborate precau- tions againft this difmemberment than have been adopted by any recorded Government. The firfl circumftance which is adverfe to it is the minutenefs of the parts into which the kingdom is divided. They are too fmall to poiTefs a feparate force. As elements of the fecial order, as particles of a great political body, they are fomething : but as infulated States, they would be impotent. Had France been moulded into great maiTes, each of them might have been ftrong enough to claim a fe- parate will ; but divided as me is, no body of citizens is confeious of furficient flrength to feel their fentiments of any importance, but as ( 2 37 ) as conftituent parts of the general will. Sur- vey the Adminiftrative, the Primary, and the Electoral Aflemblies, and nothing will be more evident than their importance in indivi- duality. The Municipalities, furely, are not likely to arrogate independence. A 48000th part of the kingdom has not energy fuffi- cient for feparate exigence, nor can a hope arife in the Aflembly of fuch a {lender com- munitv of influencinsr, in a direct and dictato- rial manner, the counfels of a great State. Even the elecloral Aflemblies of the Depart- ments do not, as we (hall afterwards Ihew, poflels force enough to become independent confederated Republics. Another circumftance, powerfully hoftile to this difmemberment, is the detraction of the ancient provincial diviiion of the kins- dom. In no part of Mr. Burke's work have his arguments been chofen with fuch infeli- city of ielection as in what regards this fub- C 238 ) jecl 1 . He has not only erred, but his error is the precife reverfe of truth. He reprefents as the harbinger of diicord what is, in fact, the inftrument of union. He miftakes the cement of the edifice for a fource of inftability and a principle of repulfion. France was, under the ancient Government, an union of Provinces, acquired at various times, and on different conditions, differing in confritution, laws, language, manners, privileges, jurifdic- tion, and revenue. It had the exterior of 3 fimple Monarchy, but it was in reality an ag- gregate of independent States. The Monarch was in one place King of Navarre, in another Duke of Brittany, in a third Count of Pro- vence, in a fourth Dauphin of Vienne. Under" thefe various denominations, he poffeffed, at lean: nominally, different degrees of power, and he certainly exercifed it under different forms. The mafs cempofed of thefe hetero- geneous and difcordant elements, was held together by the comnreffing force of defpotifm. When ( *39 ) When that compreffion was withdrawn, the provinces muft have refumed their ancient independence, perhaps in a form more abfo- lute than as members of a federative Repub- lic. Every thing tended to infpire provincial and to extinguish national patrictifm. The inhabitants of Bretagne, or Guienne, felt themfelves linked together by ancient habi- tudes, by congenial prejudices, by limilar manners, by the relics of their Conftitution, and the common name of their country ; but their character as members of the French Em- pire, could only remind them of long and ig- nominious fubjeOion to a tyranny, of which they had only felt the ftrength in exaction, and bleiTed the lenity in neglect. Thefe caufes muft have formed the provinces into independent Republics, and the deflruction of their provincial exiflence was indifpenfible to the prevention of this difmemberment. It is impoflible to deny, that men united by no previous habitude, (whatever may be faid of the C *4 ) . the policy of the union in other refpecls) are Iefs qualified for that union of will and force, which produces an independent Republic, than provincials on whom every circumftance tended to confer local and partial attraction, and a repulfion to the common center of the national fyftem. Nothing could have been more inevitable than the independence of thofe great provinces, which had never been moulded and organized into one Empire ; and we may boldly pronounce, in direct oppofi- tion to Mr. Burke, that the new diviiion of the kingdom was the only expedient that could have prevented is diimemberment into a confederacy of fovereign Republics. The felicitous and elaborate divifion of powers, is another expedient of infallible ope- ration, to prcferve the unity of the body po- litic. The Municipalities are limited to mi- nute and local adminiftration. The Primary Ajjcmblles folely to elections. The AJjemblles ( 241 ) bf the DiftriB to objects of administration and control of a fuperior clafs ; and the AJJembliei of the Departments i where this may be the mod apprehended, pofTefs functions purely electoral. They elect Judges, Legislators* Administrators, and Miniflers of Religion, but they are to exert no authority legislative, admmifr.rative, or judicial. In any other ca- pacity but that of executing their electoral functions, in voting an addrefs, an instruction, or a cenfure, they are only Simple citizens*. * Compare thefe remarks with the reafoning of M. Ca- Jonne under the head, li hie faut-il penfer de Petabliffcment " perpetuel de 83 AJJemblees, compos ies chacune de plus 600 '* citcyens, chargees de ckoix des LcgiJIatcurs Suprcmes, dii " cholx des Admbujlratcurs Provinciaux, du cho'tx des "Juges, ** du cholx des Prmcipaux Min'ifircs du Cu/te, Iff ayant en ii conference Ic droit de fe mettre en acllvlte tontes fols & ** quanta ?" The objeclion which we are combating is dated with great prccifion by M. de Calonne, from p. 358 to p. 372 of his work. The difcuffion mufr. be maturely weighed by every reader who would fathom the legiflatioa f Fiance. Q_ But ( IV ) But whatever clanger might be apprehended from the afTumption of powers by thefe for- midable Affemblies, the depofitaries of fuch extenfive electoral powers are precluded by another circumftance, which totally difquali- fies and unnerves them for any purpofe but that for which they are created by the Con- ftitiition. They are biennially renewed, and their fugitive nature makes fyftematic ufur- pation hopelefs. What power, indeed, could they poffefs of dictating to the National Af- fembly*, or what interelt could the members of that Aflembly have in obeying the man- * I do not mean that their voice will not be there re- fpecled. That would be to fuppofe the Legislature as info- lently corrupt as tiiat of a neighbouring Government of pretended freedom. I only mean to aflert, that they cannot poffefs fuch a power as will enable them to dictate inftruc- tions to their Rcprcfentatives as authoritatively as Sovereigns do to their Embafiadors ; which is the idea of a confederated Republic. dates ( 2 43 ) dates of thofe who held as fugitive and pre- carious a power as their own ; not one of whom might, at the next election, have a furTrage to beftow ? The fame probability gives the provincial Adminiftrators that por- tion of independance which the Conftitution demands. By a ftill ftronger reafon, the Judges, who are elected for fix years, muft feel themfelves independent of conftituents whom three elections may fo radically and completely change. Thefe circumftances then, the minutenefs of the divifions, the dif- folution of provincial ties, the elaborate di- ftribution of powers, and the fugitive con- ftitution of the Electoral AfTemblies, feem to form an infuperable barrier againft the af- lumption of fuch powers by any of the bo- dies into which France is organized, as would tend to produce the federal form. Thus the fir ft great argument of Mr. Burke and Monsieur de Calonne feems Qj{ to C 244 ) to be refuted in principles, if not in the ex-< panhon of detail. The next objection that is to be confidered is peculiar to Mr. Burke. The fuh 'ordination of elections has been regarded by the admirers of the French lawgivers as a mailer-piece of legiflative wifdom. It feemed as great an im- provement on reprefentative Government, as reprefentation itfelf was on pure Democracy. No extent of territority is too great for a po- pular Government thus organized ; and as the Primary AfTemblies may be divided to any degree of minutenefs, the mofl per feci: order is reconcileable with the wideft difFufion of political right. Democracies were fuppofed by philofophers to be neceuarily fmall, and therefore feeble ; to demand numerous Af- femblies, and to be therefore venal and tu- multuous. Yet this great difcovery, which gives force and order in lo high a decree to popular Governments, is condemned and de- rided ( 2 45 ) rided by Mr. Burke. An immediate connec- tion between the rcprefentative and the pri- mary constituent, he conliders as eflential to the idea cf reprefentation. As the electors in the Primary AiTemblies do not immediately elect their lawgivers, he regards their rights of furfrage as nominal and illufory*. It will in the fir ft inftance be remarked, from the Statement which has already been given, that in ftating three interpofed elections between the primary electors and the Legislature, Mr. Burke has committed a moil important error in point of fact. The original plan of the Constitutional Committee was indeed agree- able to the ftatement of Mr. Burke. The Primary AiTemblies were to elect Deputies to the Diitrict, the District to the Department, * P. 27c 2. ' For what are thefe Primary Electors " ccmplimenteJ, or rather mocked with a choice ? They " can never know any thing of the qualities of him that " is to ferve them, nor lias he any obligation to fervc them " Qs3 an d ( 246 ) and the Department to the National AfTem- bly. But this plan was forcibly and fuccefs- fully combated. It was reprefented as tending to introduce a vicious complexity into the Government, and, by making the channel through which the national will paiTes into its public acts fo circuitous, to enfeeble its energy under pretence of breaking its vio- lence. It was accordingly radically changed. The feries of three elections was ilill preferv- cd for the choice of provincial Adminiftrators, but the Electoral" AfTemblies in the Depart- mcntSy who are the immediate condituents of the Legiflature, are directly chofen by the Primary JlJJcmblies, in the proportion of one elector to every hundred active citizens*. But * For a charge of fuch fundamental inaccuracy agamft Mr. Burke, the Public will mod juftlyand naturally expect the higheft evidence. I do therefore boldly appeal to the Deer tt fur la nowvelk Dlvifion du Royaumr, Art. 17. to the Proccs Verbal of the Afierably for the 22d Dec. ] 789. It tuis ( 2 47 ) But to return to the general queftion, which is perhaps not much affected by thefe details. I profels I fee no reafon why the right of election is not as fufceptible of dele- gation as any other civil function, why a ci- tizen may not as well delegate the right of choofmg law-givers, as that of making laws. Such a gradation of elections, fays Mr. Burke, excludes reiponfibility and fubftantial election, fince the primary electors neither can know, nor brins: to account the members of the Af- fembly. this evidence demanded any collateral aid, the authority of M. Calomic (which it is remarkable that Mr. Burke mould have overlooked) corroborates it inoft amply. '* On ordonpe " que chacune de ces Aflembiees (Primaires) nommera un " Electeur a railbn de ico citoyens uciifs." Calonne, p. 300. ' CY-- cinquantes mille Electeurs (des Departe- *' moits) choiiis de deux ans en deux ans paries AssEM- " blees Primaires." Id. ibid. The Ex-Minifter, in- deed, is rarely to be detected in any departure from the fe- licitous accuracy of profeffional detail. Q 4 This D ( 248 ) This argument has (confidering the pecu- liar fyftem of Mr. Burke) appeared to me to be the moil fingular and inconfiflent that he has urged in his work. Reprcfentation itfelf mull be confefTed to be an infringement on the moil perfect liberty, for the bell organized fyflem cannot preclude the poffibility of a variance between the popular and the repre- Jentative will. Refponfibility, flriclly and ri- goroufly fpeaking, it can rarely admit, for the fecrets of political fraud are fo impene- trable, and the line which feparates corrupt decifion from erroneous judgment toindifcer- nibly minute, that the cafes where the De- puties could be made properly reiponfible are too few to be named as exceptions. Their difmijjion is all the punimment that can be in- flicted, and all that the bed Conftitution can attain is a high probability of unifon between the conilituent and his deputy. This feems attained in the arrangements of France. The electors of the Departments are fo numerous, and ( 2 49 ) and fo popularly elected, that there is the higheft probability of their being actuated iu their elections, and re-eleSlions, by the fenti- ments of the Primary AlTemblies. They have too many points ef contact with the ge- neral mafs to have an infulated opinion, and too fugitive an exiftence to have a feparate in- terest. It is befides to be remarked, that they come immediately from among the people, with all their opinions, and predilections, and enmities, to their elective functions ; and it is furely improbable, that, too fhortly united for the acquisition of a corporation fpirit, they mould have any will or voice but that of their constituents. This is true of thofe cales where the merits or demerits of candidates Qiay be fnppofed to have reached the Primary AlTemblies. In thole far more numerous caies, where they are too obicure to obtain. that notice, but by the polluted medium of a popular canvas, this delegation is ftill more evidently wife. The peafant, or artizan, who is ( 2 5 ) is a primary elector, knows intimately men among his equals, or immediate fuperiors, who have information and honefty enough to chufe a good reprefentative. But among this clafs (the only one which he can know fufficiently to judge) he rarely meets with any who have genius, leilure, and ambition for that fituation themfelves. Of the candidates to be electors in the Department, he may be a difintercfted, deliberate, and competent judge. But were " he to be complimented, or rather mocked,'* with the direct right of electing to the legis- lative body, he mull, in the tumult, vena- lity, and intoxication of an election mob, give his fufFrage without any pojfibk juft knowledge of the fituation, character, and conduct of the candidates. So unfortunate^ falfe, indeed, fecms the opinion of Mr. Burke, that this arrangement in the French Consti- tution is the only one that fubftantially, and in good faith, provides for the exercife of de- liberate difcrimination in the conflituent. The ( *5 ) The hierarchy of elections was obtruded on France by neceffity. Had they rejected it, they had only the alternative of tumultuous electoral AfTemblies, or a tumultuous Legis- lature. If the primary electoral AfTemblies were to be io divided as to avoid tumult, their deputies would be fo numerous as to make the National AfTembly a mob. If the number of electoral AfTemblies were reduced accord- ing to the number of deputies that ought to conftitute theLegiflature, each of them would be numerous enough, on the other hand, to be alio a mob. I cannot perceive that pecu- liar unftnefs which is hinted at by Mr. Burke* in the right of perjoiial choice to be delegated. It is in the practice of all States delegated to great officei's, who are entrufted with the power of nominating their fubordi- " Of all the powers to be delegated by thofe who have cc anv real means of judging;, the molt peculiarly unfit is ct .\liat relates to a perfonal choice." Burkl, p. 271. nate nate agents. It is in the moil: ordinary affairs of common life delegated, when our ultimate reprefentatives are too remote from us to be within the fphere of our obfervation. It is remarkable that M. Calonne, addref- iing his work to a people enlightened by the mafterly difcuffions to which thefe fubjedls have given rife, has not, in all the fervor of his zeal to criminate the new inftitutions, hazarded this objection. This is not the only inflance in which the Ex-Minifter has fhewn more refpect to the nation whom he addreiTes, than Mr. Burke has paid to the intellect and information of the Englifh Public*. Thus Though it may, perhaps, be foreign to the purpofe, I cannot help thinking one remark on this topic interefting. ft will illuflxate the difference of opinion between even the Ariftocratic party in France and the rulers of England. M. Calonne* rightly Mates it to be the unanimous Injhudlon * Colonne, p, 383. C 2 S3 ) Thus much of the elements that are to ge-> tterate the Lesfiflative body. Concerning that body, thus conflituted, various queftions re- main. Its unity or divifion will admit of much difpute, and it will be deemed of the greater! moment by the zealous admirers of the En- glim Conftitution, to determine, whether any femblance of its lesnflative organization could have been attained by France, if good, or ought to have been purfued by her, if attain- able. Nothing; has been afTerted with more confidence by Mr. Burke than the facility of France to her Reprefentatives, to enal the equal admif- fibility of all citizens to public employ! England adheres to the Tefl A 61 ! The arrangements of M. Neckar for elections to the States General, and the fcheme of M. M. Mounier and Lally Tolcndahl for the new Conftitution, included a reprefentation of the people nearly exal. Yet the idea of it is regarded with horror in England ! The higheft Ar'ijlocrates of France approach more nearly to the creed of general liberty than the mo ft popular politicians of England, of which thefe two circumftances are fignal proofs. with ( 254 ) with which the fragments of the long fub- verted liberty of France might have been formed into a Britiih Conftitution *. But of this * To place this opinion in a Wronger point of light, I have collected the principal pafTages in which it is announced or insinuated. " In your Old States vou poffeffed that " variety of parts, correfponding with the various defcrip- " tions of which your community was happily compofed." Burke, p. 50. " If diffident cf yourfelves, and not clearly *' the almofr. obliterated Conftitution of vour anceflors, fee- " ing you had looked to your neighbours in this land, who *' had kept alive the principles and models of the old com- " mo; 1 , law of Europe, meliorated and adapted to the prefent " fhte." Id. p 53. " Have they never heard of a Mo- " narchy directed by laws, controled and balanced by the " great hereditary wealth and hereditary dignity of a nation, " and both again controled by a judicious check from the *' reafon and feeling of the people at large, acting by a fuit- " able and permanent organ?" Id. p. 184. And in the ia.r.e page he reprcfents France as a nation which had " it in its choice to obtain fuch a Government with eafe, il or rather to confirm it zvhrn afiualiy pojjejjcd." " I nraft Sw think fuch a Government well deferved tohaveits excel- t< ! itnaes '( 2 55 ) this general pofition he has neither explained the mode, nor defined the limitations. No- thing is more favourable to the popularity of a work than thefe lofty generalities, which are light enough to pafs into vulgar currency, and to become the maxims of a popular creed. Touched by definition, they become too fim- ple and preciie for eloquence, too cold and ab- ftract for popularity. But exhibited as they are by Mr. Burke, they gratify the pride and indolence of the people, who are thus taught to fpeak what gains applaufe, without any ef- fort of intellect, and impofes filence, without any labour of confutation ; what may be ac- quired without being ftudied, and uttered without being understood. Of this nature are thefe vague and confident afTertions, which " lencies heightened, its faults corrected, and its capacities improved into a Britifli ConfKtution," Id. p. 225. The precifc queftion at iffue is, whether the ancient Government formed the Gothic afTemblies of Europe. So monrlrous did the arrangement appear, that even under the reign of Defpotifm, the fecond plan was propofed by M. Calonne* that the Clergy and Nobility mould form an Upper Houfe, to exercife conjointly with the King and the Commons the Legillative Authority. It admits, however, of the cleared proof, that inch a Confritution would have been diame- trically oppofite in its fpirit and principles to the Engliih Government. This will at once be evident from the different deicription of the body of Nobles in France and England, * See his Lettre an Roi Qth February, 17489. See alfa Sur d'Etat de France, &c. p. 167. It was alio, as we are informed by M. Calonne, fuggefted in the Gahiers of the Nobility of A fit z and Montargls. It is worthy of incidental remark, that the proportion of fuch radical changes even by the Nobility, is an ineonteftiblc evidence of the general conviction that a revolution or total change in the Govern- ed ment was ncceffary. It is therefore an unanfwerable reply to Mr. Burke and M. Calonne. Id ( 2 59 ) la England they are a fmall body, united to the inafs of the people by innumerable points of contact, receiving from it perpetual new infulions. and returning; to it. imdiftino-uifhed and unprivileged, the majority of their chil- dren. In France they formed an immenfe in filiated ca/l, feparated from fociety by every barrier that prejudice or policy could raife, receiving few plebeian acceflions, and pre- cluded, by the indelible character of nobility, the equal patrimony of all their children, from the pofubility of their mofl remote de- fcendants being reftored to the general mafs. The Nobles of England are a Senate of 200. The NoblefTe of France were a tribe of 2CO, oco. Nobility is in England only here- ditary, fo far as its profefTed object, the fup- port of a hereditary Senate demands. It is therefore defcendible only to one heir. No- bility in France was as widely inheritable as its real purpofe, the maintenance of a privi- R 2 leged ( 6b ) leged eajl, prefcrihed. It was therefore ne-* ceiTarily defcendible to all male children* There are other points of contrail: frill more important. The NoblelTe of France were at once formidable from their immenie body of property , and dependent from the indigence of their Patrician rabble of cadets, whom honour infpired with fertility, and fervility excluded from the? path to independence. They in fact poffeffed fo large a portion of the landed pro- perty, as to be juflly, and almoft exclufively confidered as the landed intereft" of the king- dom. To this formidable property were added the revenues of the Church, monopolized by the Children. The younger branches of thefe opulent families had in general no patrimony but their honours and their fword. They were therefore reduced to feek fortune and diflinclion in military dependence on the Crown. If they were generous, the habits. of ( *6 ) of military fervice devoted them, from loyalty. If they were prudent, the hope of military promotion devoted them, from interefl, to the King. How immenfe therefore and lrre- fiflible would the Royal influence have been in electors, where the majority of the voters were the fcrvants and creatures of the Crown ? What would be thought in England of a Houie of Lords, which, while it reprefented or contained the w hole landed interefl: of the kingdom, mould necefTarily have a majority of its members feptennially or triennially no* initiated by the King. Yet it would flill yield to the French Upper Houfe of M. Cahnne ; for the monicd and commercial interefls of England, which would continue to be repre- fented by the Commons, are important and formidable, but in France they are compara- tively iniignihcant. It would have been a Government where the Ariflocracy could have been flrong only againfl the people, im- potent againfl the Crown. The fecond ar- R ? rangement ( 262 ) rangement then is equally repugnant to the theory of the Britifh Conftitution as the firft. There remains only fome mode of (election of a body from amidfr. the Nobility and Clergy to form an Upper Houfe, and to this there are infuperable objections. Plad the right of thus forming: a branch of the Lesrifiature bv a Jingle act of prerogative been given to the Kins;, it mud have ftrengthened his influence to a degree terrible at any period, but fatal in the moment of political reform. Had any mode of election by the Provinces, or theLe- giflature, been adopted, or if they had been vefred with any control on the nomination of the Crown, the new dignity would have been fou?Lt with an activity of corruption and in- trigue, of which, in fuch a national convul- fion, it is impoiTible to eftimate the danger. No general principle of feLction, fuch as that of opulence or antiquity, would have remedied the evil, fo\- the excluded and degradedNohles would n_el the principle, that nobility is the equal ( 26S ) equal and inalienable patrimony of all. Bv the abolition of nobility, no nobleman was degraded, for to degrade is to lower from a rank that continues to exilt in fociety. No man can be degraded when the rank he pofTef- fed no longer exifts. But had the rank of no- bility remained in the mode of which we have been fpeaking, the great body of the Nobles would indeed, in a proper and penal fenCe, have been degraded, the new diirnitv of their former Peers would have kept alive the me- mory of what they once poiTefTed, and pro- voked them to entcrprizes far more fatal than rcicntment of an indignity, that is at lead: broken by divition, and impartially inflicted on the greateil and mod obicure. So evident indeed was the impoflibility of what Mr. Burke fuppofes attainable with fuch eafe, that no parry in the AiTcmbly fuggelted the imitation of the En dim model, the P. a fvflem I 264 ) fyftem of his oracles in French politics*. M f M. Lally and Mourner, approached more near to the Constitution of the i\merican States. They propofed a Senate to be chofen for life by the King, from a certain number of can- didates to be offered to his choice by the pro? vincesf. This Senate was to enjoy an abfo- lute negative on legiflative acts, and to form the great national court for the trial of public delinquents. In effect, fuch a body would have formed a far more vigorous Ariflocracy than ^ " De quelle maniere fera compofe le Senat ? Sera-t-il " forme de ce qu'on appelle aujourd'hui la Nobleffe 6c le " Clerge ? Ncn sans doute. Ce feroit perpetuer cette " reparation d'Ordres, cette efprit de corporation qui eft le " plus ^rand ennemi de 1'efprit Public." Pieces "Jujl'ificat'ifs de M. Lally Tolcndahl, p. 121. f Apres avoir examine & balance tous les inconveniens :c de chaque parti pcutetre trouvera t-on que faire nominer " les Scnateurs par le Roi, fur la prefentation des pro> inces, " 6c ne les faire nominer qu'avie feroit encore le moyen ie tc plus propre a concilier tous les interets. Id. p. 124. the C ^5 ) the English Peerage. The Litter body only preferves its dignity by a wife diiufeofits power. Potentia ad impotentiam abufi would otherwife be defcriptive of their fate. But the Senate of M. Mounier would be an Ari- ficcracv moderated and legalized, which, be- caufe it appeared to have lets independence, would in facl be emboldened to exert more. Deriving their rights equally with the Lower Houfe from the people, and veiled with a more dignified and extcnuve truft, they would neither fhrink from the conflict with the Commons nor the King. The permanence of their authority mud give them a iupcrio- ritv ever the former; the fpecioufncls of their cautc over the latter : and it feems pro- ble, that they mud have terminated in fub- jugatmg both. Thole who fuppole that a Senate for Lie might not be im cited bv the corporation ipirit, may confider the ancient kcaturcs of France, who were as keenlv actuated ( 266 ) actuated by that fpirit, as any body of heredi- tary Nobles that ever exifted. But to quit the details of thefe fyftems a queftion arifes for our confideration of a more general and more difficult nature Whether a jimple reprefentative Leg/fature, or a Confiitu- tlon of mutual controul, be the be ft form ofGo- vernment* f To examine this queftion at length is inconfiftent with the object and li- mits of the prefent publication (which al- ready grows infenfibly beyond its intended fize) but a few general principles may be hinted, on which the decifion of the queftion perhaps chiefly depends. i. It will not be controverted, that the ob- ject of a reprefentative Lcgifiature is to col- * This quefrion, translated into familiar language, may perhaps be thus expieflTed, " Whether the vigilance of the " mq/ier, or the fqiiuhblcs of the fervaiits, be the beft fecur'ity for SJ fait!. fn< -faz-icc;-" lea ( *7 ) left the general will. To accord with this principle, there muft be the fame unity in the representative as in the original will. That will is one. It cannot therefore, with- out folecifm, he doubly reprefented. The facial body fuppofes a perfect unity, and no man's will can have two diicordant organs. Any abfolute* negative oppofedto the national will, decisively fpoken by its Reprefentatives, is radically null, as an uflirpation of popular fovereignty. Thus far does the abftract. prin- ciple of a reprefentative Government con- demn the diviiion of the Legiilature. 2. All bodies pofTeifed of effectual control have a tendency to that great evil, which all laws have hitherto foitcred, though it be the end of Legislation to repreis, the preponde- * The fufpenjtve veto veiled in the French King is only an appeal to the people on the conduct of the Reprefenta- tives. The voice of the people clearly fpoken, the negative ccafes. ranee ( 263 ) ranee of partial interefts. The fpirit of cor- poration infallibly ieizes every Public body, . and the creation of every new AiTembly cre- ates a new, dextrous, and vigilant enemy td the general intereft. This alone is a fufficient object-ion to a controling Senate. Such a body would be molt peculiarly acceffible to this con- tagious fpirit. A representative body itfclf can only be preferved from it by thofe fre- quent elections which break combinations, and infufe into it new portions of popular f^n- timents. Let us grant that a popular AiTem- bly may fometimes be precipitated into unwife decision by the feductions of eloquence, or the raere of faction. Let us grant that a control- ing Senate might remedy' this evil, but let us recollect, that it is better the Public inter ejl Jhouldbe occafionally m'iftaken than fyjle math ally oppofed. 3. It is perhaps fufceptible of proof, that thefe Governments of balance and control have ( 26 9 ) have never exifted but in the virion of theo- ries. The faircfr. example will be the Confti- tution of England. If it can be proved that the two members of the Legiflature, who are pretended to control each other, are ruled by the fame clafs of men, the control mull be granted to be imaginary. That opnofition of interefr, which is fuppofed to preclude all con- fpiracy againft the people, can no longer exifL That this is the flate of England, the mofl: fuperficial obfervation mufr. evince. The great proprietors, titled and untitled, polfefs the whole force of both Houfes of Parliament that is not immediately dependent en the Crown. The Peers have a great influence in the Houfe of Commons. All political par- ties are formed by a confederacy of the mem- bers of both Houfes. The Court party, by the influence of the Crown, acting equally in both, fupported by a part of the independent Ariftocracy. The oppofition by the remain- der of the Ariftocracy, whether Commoners or C 270 ) or Lords. Here is every fymptorn of collu- {ion: No veftige of control. The only cafe indeed, where it could arife, is where the in- tereft of the Peerage is diftincl: from that of the other great proprietors. But thefe fepa- rate interefts are few and paltry, and have eflabli (lied fo feeble a check, that the hiftory of England will not afford one undisputed ex- ample of this vaunted control. The rejection of the Peerage Bill of George the Firil is urged with great triumph by De Lolme. There it feems the Commons re- jected the bill, purely actuated by their fears, that the Ariftocracy would acquire a ftrength from a limitation on the number of Peers, de- ftructive of that balance of power which forms the Conftitution. It is unfortunate that poli- tical theories do not conililt the hifiory as well as the /tf/ftrof legiflative proceedings. It is a matter of perfect notoriety, that the rejection of that bill was occafioned by the feceffionof Sir ( 2 7* ) Sir Robert f then Mr.) Walpolc from the Ca* binet, and the oppofition of him and his party to it was merely as a minifterialmeafure. The debate was not guided by any general legifla- tive principles. It was limply an experiment on the ltxength of two parties contending for power. The readear will no doubt feel a high reverence for the ConfHtutional principles of that Parliament, when he is informed that to it we owe the Septennial Adtl In fact, if fuch a check exiited in much greater force, it would be of little importance to the general queftion. " Through a diver- " fity of members and interefts," if we may believe Mr. Burke, " general Liberty " had as many fecurities as there were fepa- " rate views in the feveral Orders." And if by general Liberty be underftood the power of the collective body of thefe Orders., the pofition is undeniable. But if it means, what it ought to. mean, the liberty of man- kind. ( *?* ) kind, nothing can be more falfe. The higher; clafs in fociety, whatever be their names, of Nobles, Bifhop>, judges, or poffeffors of landed and commercial wealth, have ever been united by a common view, far more powerful than thofe petty repugnancies of intereft. to which this variety of description may give rife. Whatever mav be the little conflicts of eccle- fiaflical with fecular, of commercial with land- ed onulence, they have one common intereft L J to preferve, the elevated place to which the fecial order has rai fed them. There never was, or will be, in civilized fociety, but two grand interefts, that of the Rich and that of the Poor. The differences of intereft among the feveral claffes of the rich will be ever too lien-* der to nreclude their confpiracy ao;ainft man- kind. In the mean time the privileges of their feveral Orders will be guarded, and Mr. Burke will decide that general Liberty is fecure !* It is thus that a Poliih Palatine ha- rangues in the Diet on the liberty of Poland, without ( 2/3 ) without a blufh at the recollection of his bondfmen. It is thus that the Affembly of Jamaica, amidft the flavery and fale of Men, profanely appeal to the principles of freedom. It is thus that Antiquity, with her pretended political philofophy, cannot boaft one philofo- pher who queftioned the julYice of fervitude, nor with all her pretended public virtue, one philanthropic who deplored the mifery of ilaves. One circumftanCe more remains concern- ing" the Legiflature the excluiion of the King's Minifters from feats in it. Thisfe/f* denying Ordinance 1 mud: unequivocally difap- prove. I regard all disfranchljement as equally unjuft in its principle, destructive in its ex- ample, and impotent for its pretended purpofe. The prefence of Miniflers in the AfTembly Would have been of great utility in a view of bufinefs, and perhaps, by giving publicity to their opinions, favourable on the whole to S Public ( 2 /4 ) Pbulic Liberty. To exclude them from the Legiflature, is to devote them to the purpofes of the Crown, by giving them no inter eft in the Conftitution. The fair and open influ- ence of Minifters was never formidable. It is only that indirect and fecret influence which this exclufion will perhaps enable them to practife with more impunity and fuccefs. It is alfo to be obferved, that it is equivalent to an exclufion of all men of fuperior talent from the Cabinet. The object of liberal ambition will be a feat in the Supreme AfTembly ; and no man of genius will accept, much lefs purfue, branded and degraded offices, which banifh him from the natural fphere of his powers. Of the Plan of Judicature formed by the AfTembly, I have not yet prefumed to form a decided opinion. It certainly ap- proaches to an experiment, whether a code of laws can be formed fufficiently fimple and in- telligible to fuperfede the necefTity of lawyers by ( *75 ) by profeflion** Of all the attempts of the Af-> fembly, the complicated relations of civilized fociety feem to render this molt, problematic cal. They have not, however, concluded this part of their labours, and the feeblenefs attributed to the elective judicatures of the Departments may probably be remedied by the dignity and force with which they will in veil: the two high national tribunals (ha Cour de CaJJation & la Haute Cour Nationale) which they are about to organize-)-. On the fubject of the Executive Magi- stracy, there is a preliminary remark, * The fexennial election of the Judges is ftrongly and ably oppofed by M. Calonne, p. 294, chiefly on the principle, that the {lability of judicial offices is the only inducement to men to devote their lives to legal ftudy, which alone can iorm good magi ft rates. f I have on this fubject read with much pleafure and mftruction, the profound and ingenious, though perhaps oc cafionally paradoxical remarks of Mr. BenTHAM. S z which ( *7 ) which the advocates as well as the enemies of the Revolution have too much neglected. The AfTembJy have been accufed of violating their own principles by the affumption of exe- cutive powers, and their advocates have pleaded guilty to the charge. It has been for- gotten that they had a double function to per- form. They were not only to erect a new Constitution, but they were to guard it from deftruction. Hence a necefTary aflumption of executive powers in the crifis of a Revolu- tion. Had fuperflitious tendernefs for the principle confined them to theoretical erec- tions, which the breath of power was every dav deftrovinsr, thev would indeed have me- rited thole epithets of viiionaries and enthu- fiafts with which they have been loaded. To judge, therefore, of the future executive ma- gi ftiacy of France by its prefent ftate, is ab- iurd. We mull not, as has been jufty ob- ferved, milrake for the new political edifice what is only the fcaffblding necefTary to its erection. ( *71 ) erection. The powers of the firft magiftratc are not to be eftimated by the debility to which the convulfions of the moment have reduced them, but by the provifions of the future Conftitution. The portion of power with which the King of France is inverted, is certainly as much as pure theory demands for the executive magi- strate. An organ to collect the Public will, and a hand to execute it, are the only necef- fary conftituents of the focial union. The popular reprefentative forms the firfl ; the executive officer the fecond. To the point where this principle would have conducted them, the French have not ventured to pro- ceed. It has been afTerted by Mr. Burke, that the French Kin s: has no negative on laws. This, however, is not true. The mi- nority who oppofcd any fpecies of negative in the Crown was only ioo, when 800 mem- bers were prefent in the AlTcmbly. The S 3 King ( ^ ) King pofTefTes the power of with -holding his afTent to a propofed law for two fucceffive AfTemblies. If it is propofed by the thirds his afTent, indeed, becomes neceiTary. This fpecies of fufpenfr/e veto is with great fpe- cioufnefs and ingenuity contended by M. Neckar to be more efficient than the obfolete negative of the Englifh Princes*. A mild and limited negative may, he remarked, be exercifed without danger or odium, while a prerogative, like the abfolute veto, mud: (ink into impotence from its invidious magnitude. It is too great to be exercifed, and mufr, as it has in England, be tacitly abandoned by dif- ufe. Is not that negative really efficient, "which is only to yield to the national voice, fpoken after four years deliberation, and in two fucceflive elections of Reprefentatives ? What Monarch of a free State, I will be bold * Rapport fait an Roi clans Ton Confeil, par le premier Miniftre des Finances, a Verfailles, le u Sept. 17S9. to ( 2 79 ) to afk, could with decency or impunity op- pofe a negative the mod unlimited in law to the public fentiment, thus explicitly and con- stantly exprefTed ? The moil abfolute veto muft, if the people perfift, prove eventually fufpenfive. A fufpenfive veto is therefore equivalent to an abfolute one, and being of lefs invidious exercife, confers more real power. " The power of remonftrance*," fays Mr. Burke, " which was anciently vefted in the " Parliament of Paris, is now abfurdly en- " trufted to the executive magistrate.'* One might have fuppofed that this was a power * The negative pofTciTcd by the King of France is pre- -cifely double of that which is en trufted to the Affembly. He may oppofe his will to that of his whole people for four years of the term of two Legiflatures, while the oppofition of the Affembly to the general voice can only exift for tzva years, when a new election annihilates them. So inconfi- dcrately has this prerogative been rcprefented as nominal. The whole of this argument is in fome mcafurcflrf' bominem 9 for 1 myfelf am dubious about the utility of any ipecies of Royal veto, abfolute or fufpenfive. S 4. of ( 2 8o ) of remcnftrance like that of the Parliament of Paris to the Legi/lature. It is however, as we have feen, a power of a very different defcription, a power of remonftrating to the people againfl their Reprefentatives, the only fhare in legiflation (whether it be nominally ahfolute, or nominally limited) that a free Government can entruft to its fupreme ma- giftrate*. On the Preragative of War and Peace, Mr. Burke fohas fhortly, and M. Calonne % at great length, arraigned the fyftem of the AfTembly. In the Conftitution of France, war is to be declared by a decree of the Legiflature, on the proportion of the King. He poffefles ex- clufively the initiative. It cannot originate * Burke, p. 301. <\ Burke, p. 295 6. 4 Calonne, p. 1)0 200. with ( 8i ) with any member of the Legiflature. The firft remark fuggefled by this arrangement is, that the difference between it and the theory of the EnglifhConftitutionis purely nominal. That theory fuppofes an independent Houfe of Commons, a rigorous refponfibility, and an effective power of impeachment. Were thefe in any refpect realized, it is per- fectly obvious, that a decilion for war mull: in every cafe depend on the deliberation of the Legiflature. No Minifier would hazard ho- ftilities without the fanction of a body who held a fword fufpended over his head ; and, as this theory fuppofes the I Joule of Com- mons perfectly uninfluenced by the Crown, the ultimate decifion could in no reipecr. de- pend on the executive magifrrate, and no power remains to him but the initiative. The forms indeed, in the maioritv of cafes, aim at a femblance of the theory. A Royal mefTagc announces imminent hollilities, and a Parliamentary addrefs of promifed iupport, re- ( ^2 ) re-echoes the meflage. It is this addrefs alone which emholdcns and authorizes the Cabinet to proceed in their meafures. The Royal mefTage correfponds to the French initiative ; and if the purity of our practice bore any proportion to the fpecioufnefs of our theory, the addrefs would be a decree of the Legifla- ture, adopting the proportion of the King. No man therefore, who is a fincere and en- lightened admirer of the Engiifh ConfHtu- tion, as it ought, and is pretended to exifi y can confidently reprobate an arrangement, which differs from it only in the moll: frivo- lous circumflances. To fpeak of our practical Government would be an outrage on com- mon fenfe. There no trace of thofe difcor- dant powers which are iuppofed in our theo- retical Conflitution remains. The mofl beau- tiful fimplicity prevails. The fame influence determines the executive and legiflativc power. The fame Cabinet makes war in the name of the King, and fanctions it in the nam* ( ^3 ) name of the Parliament. But France, defti- tute of the cement which united thefe jar- ring powers, was reduced to imitate our theory inftead of our practice. Her Exchequer was ruined. She could not, therefore, adopt this admirable fvftem. Supposing however, but not granting, that this formidable prerogative was more abridged in France than it is by the theory of our Go- vernment, the expediency of the limitation remains to be confidered. The chief objec- tions are its tendency to favour the growth of foreign factions, and to derogate from the promptitude fo neceffary to military fuccefs. To both thefe objections there is one general anfwer. They proceed on the fuppofition of the frequency of wars. They both fuppofe, that France will retain part of that political fyftem which fhc has difclaimed. But if fTie adheres with good faith to her declarations, war mult become to her io rare an occurrence, that f 284 ) that the objections become insignificant. Foreign Powers have no temptation to pur- chafe factions in a State which does not in- terpofe in foreign politics; and a wife nation, which regards victorious war as not lefs fa- tally intoxicating to the victors, than widely deftructive to the vanquished, will not fur- render their probability of peace from the dread of defeat, nor purchafe the hope of victory by provisions for facilitating war. France, after having renounced for ever the idea of conqueir., can, indeed, have no fource of probable hoftility but her colonies. Co- lonial pofTefTions have been fo unanfwer- ably demonftrated to be commercially ufe- lefs, and politically ruinous, that the convic- tion of philofophers cannot fail of having, in due time, its effect on the minds of enlight- ened Europe, and delivering the French Em- pire from this cumbrous and deftructive ap- pendage. But But even were the exploded villainy that has obtained the name of politics to be re- adopted in France, the objections would ftill be feeble. The firft, which muft be confef- fed to have a fpecious and formidable air, feems evidently to be founded on the hiftory of Sweden and Poland, and on feme facts in that of the Dutch Republic. It is a remark- able example of thofe loofe and remote analo- gies by which fophifts corrupt and abufe hif- tory. Peculiar circumftances in the fituation of thefe States difpofed them to be the feat of foreign faction. It did not arife from war being decided by public bodies, for if it had, it muft have exifted in ancient Rome and Carthage in modern Venice, and Switzer- land in the republican Parliament of Eng- land, and in the Congrefs of the United States of America. Holland too, in her bet- ter and more vigorous days, was perfectly exempt from this evil. No traces of it ap- pear in her hiftory till the age of Charles IL and { 286 ) and Louis XIV. when, divided between Jeci- loufy of the commerce of England and dread of the conquefts of France, me threw her- felf into the arms of the Houfe of Orange, and forced the partizans of freedom into a reliance on French fupport. In more recent periods, domeftic convulfions have more fa- tally difplayed her debility, and too clearly evinced, that of that fplendor which me gained from the ignorant indolence of the world, fhe now only retains the fhadow, by the indulgence and courtefy of Europe. The cafe of Sweden is with the utmofr. facility explicable. An indigent and martial people, whether it be governed by one or many de- fpots, will ever be fold by its tyrants to the enterprizes of opulent ambition ; and recent fa els have proved, that a change in the Go- vernment of Sweden has not changed the ft i pen diary fpirit of its military fyftcm. Po- land is an example frill lefs relevant. There an independent anarchy of defpots naturally league ( 27 ) league themfelves variouily with foreigft Powers. Yet Ruffian force has done more than Ruffian gold; and Poland has fufTered jftill more from feeblenefs than venality. No analogy can be fuppofed to exift between thefe cafes and that of France. I hazard the iffue of the difcuffion on one plain point. All the Powers of Europe could not expend money enough to form and maintain a faction in their intereft in France. Let us fuppofe it poffible that the Legiflature of this vaft and opulent kingdom could once be corrupted ; but let us recollect, that a feries of Legiflatures, collected by the moft extenhVely popular election, are to be in fucceffion purchafed, to obtain any per- manent afcendant, and it will be evident, that Potofi would be unequal to the attempt. If we confider that their deliberations are con- ducted under the detecting eye of a vigilant and enlightened people, the growth of foreign factions will appear ftill more chimerical. All the States which have been quoted were poor, therefore ( 2 88 ) therefore cheaply corrupted ; their Govern-* merit was an Ariftocracy, and was therefore only to be once bought ; the people were ig- norant, and could therefore be fold by their Governors with impunity. The reverfe of thefe circumftances will fave France, as they have faved England, from this " woril of " evils." Their wealth makes the attempt difficult ; their difcernment makes it hazard- ous ; their fhort truft of power renders the object worthlefs, and its permanence impof- fible. That fubjecting the decifion of war to the deliberations of a popular aiTembly will, in a great meafure, derogate from its energy, and unnerve it for all deflructive purpofes, I am not difpofed to deny. France muft, how- ever, when her conititution is cemented, be, in a defenjive view, invincible ; and if her Go- vernment is unfitted for asforrefiicn, it is little wonder that the Affembly fnoulcl have made no provifion for a cafe which their principles do not fuppofe. But ( **9 ) This is the lad important arrangement re* fpecting the executive power which Mr. Burke has conlidered, and it conducts us to a fubjec~l of infinite delicacy and difficulty, which has afforded no fmall triumph to the enemies of the Revolution the Organization of t pie Army. It muff be confeffed, that to conciliate an army of a hundred and fifty thouiand men, a navy of a hundred mips of the line, and a frontier guarded by a hundred fortrefTes, with the exigence of a free Go- vernment, is a tremendous problem. It can- ?iot be denied, that hiftory affords no exam- ple in which fuch a Public force has not re- coiled on the State, and become the ready in- itrument of military ufurpation. And if the State of France were not perfectly unexam- pled, and to which thefe hifforical arguments are not therefore applicable or pertinent, the inference would be inevitable. An armv, with the fentiments and habits which it is the fyftem of modern Europe to infpire, is not X only C 290 ) only hoftile to freedom, but incompatible with it. A body of men pofTefTed of the whole force of a State, and fyftematically diverted of every civic fentiment, is a monfter that no rational polity can tolerate, and every circum- ftance clearly lhews it to be the object of French legiflation to deftroy it, not as a body of armed citizens but as an Army. This is wifely and gradually to be effected. Two grand operations conduct to it arming the people, and unfoldiering the army*. The firfl of thefc meafures, the formation of the muni- cipal army, certainly makes the nation inde- pendent of its military fervants. An army of tour millions can never be coerced by one of a hundred and fifty thoufand ; neither can they have a feparate fentiment from the body of the nation, for they are the fame. Whence the horror of Mr. Burke at thus arming the -* To ufe the language of M. Calonne, c; armant k pen- " %lc & popular'ifant Varm^eP natio?i y ( *9 l ) nation, under the title of a municipal army 9 has arifen, it is even difficult to conjecture. Has it ceafed to be true, that the defence of a free State is only to be committed to its citi- zens ? i\re the long opposition to a fbnding army in England, its tardy and jealous admif- fion, and the perpetual clamor (at length illu- fively gratified) for a militia, to be exploded, as the grofs and uncourtly fentiments of our unenlightened ancestors ? The AfTembly have put arms into the hands of the citizens, and by that means have for ever precluded both their own defpotifm and the ufurpation of the army. " They murr. rule," fays Mr. Burke, ' by an army." If that be their fyf- tem, their policy is Hill more wretched than he has reprefented it. Fo r they fyftemati- cally ftrengthen thofe who are to be govern- ed, while they fyftematically enfeeble their engine of Government. They fortify the people, and weaken the army. They reduce them f elves and their army to dependence on T 2 the ( 2 92 ) the nation, whom alone they ftrengthen and arm. A Military Democracy, if it means a de- liberative body of foldiers, is the moft execrable of tyrannies ; but if it be underftood to denote a popular Government, where every citizen is difciplined and armed, it mud then be pro- nounced to be the only free Government which retains within itfelf the means of pre- iervation. The profeffed foldiers, rendered impotent to any dangerous purpofe by the ftrength of the municipal army, are by many other cir- cumftances invited to throw off thofe abject and murderous habits which form the perfec- tion of a modern foldier. In other States the foldiery were in general disfranchifed. They were too poor to be citizens. But in France a great part may enjoy the full rights of citizens. They are not then likely to facri- fice their fuperior to their inferior capacity, nor to elevate their military importance by committing ( 2 93 ) committing political filicide. They feel themfelves fervile as foldiers, they are con- scious of beins; fovereig-n as citizens. That difFufion of political knowledge among them, which is ridiculed and reprobated by Mr. Burke, is the only remedy that could have fortified them againfr. the fedu&ion of an af- piring Commander. That alone will teach them, that in lending themfelves to his views, they fubmit themfelves to his yoke ; that to deftroy the liberty of others, they muff, facri- fice their own. They have, indeed, gigan- tic ftrength, and they may crufh their fellow citizens, by dragging down the locial edifice, but they muff themfelves be overwhelmed by its fall. The Desfotism of Armies is the Slavery of Soldiers. An army cannot be ftrong enough to tyrannize, that is not itfelf cemented by the moil abfolute inte- rior tyranny. The difFufion of thefe great truths will perpetuate, asthev have produced, a Revolution in the character of the French T 3 ioldicTv. ( 2 94 ) foldiery. They will therefore, in the fenfe of defpotic difciplinarians, ceafe to be an army ; and while the foldiers afTume the fentiments of citizens, and the citizens acquire the difcipline of foldiers, the military character will be difrufed, and the military profeflion annihilated. Military fervices will be the duty of all citizens, and the trade of none*. To this object their fyftem evidently and inevi- tably tends. If a feparate body of citizens, as an army, is deemed necefTary, it will proba- bly be formed by rotation. A certain period of military fervice will be exacted from every * Again I mud encounter the dcrifion of Mr. Burke, by quoting the ill-fated citizen of Geneva, whofe life was embittered by the cold friendfhip of a Philofopher, and xvhcfe memory is profcribed by the alarmed enthufiafm of an orator. 1 hhall prefume to recommend to the perufal of every reader his tract entitled, " Conf: derations fur le Gou- 4 verncment dc Po/cgne, &c." more efpecially what regards the military fyftem. Oeuvres de RcuJ/eau, Geneve, 1782, tome ii. p. 381 397. It may be proper to remark, that my other citations from RoufTeau are from the fame edition. " citizen. ( 2 95 ) citizen, and may, as in ancient Republics, be made a neceiTary qualification for the purfuit of civil honors. In the prefent ftate of France, the national guard is a fufficient bul- wark againft the enemy, mould it relapfeinto its ancient habits ; and in its future ftate, no body fufceptible of fuch dangerous habits feems likely to exift. ' Gallos quoque in bel- " lis JioruiJJe audivimus" may indeed be the fentiment of our children. The glory of hero- ifm, and the fplendor of conqueft, have long enough been the patrimony of that great nation. It is time that it mould feck a new glory, and a new fplendor, under the made of freedom, in cultivating the arts of peace, and extending the happinefs of mankind.- Happy if the ex- ample of that " Manifefto of Humanity" which has been adopted by the Legiflators of France into their conftitutional code, made an ade- quate impreffion on furrounding nations. Tune genus humanum pofitis fibi confulat armis In que vicem gens omnis amet. T 4 SECT C 2 9 6 ) SECTION V. ILngliJh Admirers vindicated. IT is thus that Mr. Burke has fpoken of the men andmeafures of a foreign nation, where patriotifm could neither excufe his pre- pofFeffion nor afperity; where no duty nor feeling ought to preclude him from adopting the feelings of difinterefted poiterity, and af- fuming the difpafiionate tone of a philofopher and a hiftorian. What wonder then that he fhould wanton ftill lefs temperately in all the eloquence and virulence of an advocate againll fellow-citizens ? to whom he attributes the flagitious purpofe of fHmulating England to the imitation of fuch enormities. The Revo- lution and Conftitutional Societies, and Dr. Price, whom he regards as their oracle and guide, C 297 ) guide, are the grand objects of his hoflility. For them no contumely is too debating, no invective is too intemperate, no imputation too foul. Joy at the downfall of defpotifm is the indelible crime, for which no virtue can compensate, and no punifhment can atone. An inconnftency however betrays itfelf not unfrequently in literary quarrels. He affects to defpife thofe whom he appears to dread. His anger exalts thofe whom his ridicule would vilify ; and on thofe whom at one mo- ment he derides as too contemptible for re- fentment, he at another confers a criminal eminence, as too audacious for contempt. Their voice is now the importunate chink of the meagre fhrivelled infects of the hour, now the hollow murmur, ominous of convulfions and earthquakes, that are to lay the fabric of Society in ruins. To provoke againfr. the doc- trines and per fons of thefe unfortunate Soci- eties this florin of execration and derifion, it was not Sufficient that the French Revolu- tion ( *9 ) tion mould be traduced, every record of Eng- lish policy and law is to be diftorted. The Revolution of 1688 is confeiTed to have eflablimed principles by thofe who lament that it has not reformed inftitutions. It has fanclif ed the theory, if it has not infured the practice of a free Government. It declared, by a memorable precedent, the right of the people of England to revoke abufed power, to frame the Government, and beftow the Crown. There was a time, indeed, when fome wretched followers of Filmer and Black- wood lifted their heads in opposition. But more than half a century had withdrawn them from public contempt, totheamnefty and ob- livion which their innoxious ftupidity had pur chafed. It was referved for the latter end of the eighteenth century to conftrue thefe innocent and obvious inferences into libels on the Con- ftitution ( 299 ) (Htution and the laws. Dr. Price has afferted (I prefume without fear of contradiction) that the Houfe of Hanover owes the Crown of England to the choice of their people, that the Revolution has eitablifhed our right " to *' choofe our own Governors, to cafhier them " for mifconduct, and to frame a Govern- " ment for ourfelves." The f.rft proportion, fays Air. Burke, is either falfe or nugatory. If it imports that England is an elective Mo- narchy, " * it is an unfounded, dangerous, illegal and unconstitutional pofition." " f If it alludes to the election of his Majefty's an- ceftors to the Throne, it no more legalizes the Government of Eng-land than that of other o nations, where the founders of dynafties have generally founded their claims on fome fort of election." The firft member of this dilem- ma merits no reply. The people may cer- tainly, as they have done, chufe hereditary * Page 17. f P. 19, rather ( 3 00 ) rather than elective Monarchy. They may elecl a race inftead of an individual. Their right is in all thefe cafes equally unimpaired. It will be in vain to compare the pretended elections in which a council of Barons, or an army of mercenaries, have impofed ufurpers on enflaved and benighted kingdoms, with the folemn, deliberate, national choice o 1688. It is, indeed, often expedient to faction thefe deficient titles by fubfequent acquiefcence. It is not among the projected innovations of France to revive the claims of any of the pos- terity of Paramond and Clovis, nor to arraign the ufurpations of Pepin or Hugh Capet. Public tranquillity thus demands a veil to be drawn over the fuccefsful crimes through which Kings have fo often waded to the Throne. But wherefore mould we not exult, that the Supreme Magiftracy of England is free from this blot ; that as a direct emanation from the Sovereignty of the people, it is as le- gitimate in its origin as in its adminiftration. Thus underflood, the pofiticn of Dr. Price is neither ( 3 01 ) neither falfe nor nugatory. It is not nugatory, for it honourablv diftinguifhes the Enplifh Monarchy among the Governments of the world ; and if it be falfe, the whole hiftory of our Revolution mufl be a legend. The fact was fhortly, that the Prince of Orange was elected King of England, in contempt of the claims, not only of the exiled Monarch and his fon, but of the Princeffes Mary and Anne, the undifputed progeny of James II. The title of William III. was then clearly not fucccjfion \ and the Houfe of Commons ordered Dr. Bur- net's tract to be burnt bv the hands of hang- man, for maintaining that it was conqucjl. There remains only election^ for thefe three claims to Royalty are all that are known among men. It is futile to urge, that the Convention deviated only [tenderly from the order of fucceffion. The deviation was indeed flight, but it deflroyed the principle, and eftablifhed the right to deviate, the point at iflue. The principle that juftiiled the eleva- of ( 3 0z ) tion of William III. and the preference of the pofterity of Sophia of Hanover to thofe of Henrietta of Orleans, would equally, in point of right, have vindicated the election of Chan- cellor JerTeries or Colonel Kirk. The choice was, like every other choice, to be guided by views of policy and prudence, but it was a choice frill. From thefe views arofe that repugnance between the conduct and the lan;ua;e of the Revolutionifts, of which Mr. Burke has availed himfelf. Their conduct was manly and fyflematic. Their language was conci- liating and equivocal. They kept meafures with prejudice which they deemed necefTary to the order of fociety. They impofed on the grolTnefs of the popular underftanding, by a. fort of compromife between the Conftitutioil and the abdicated family. " They drew a " a politic well-wrought veil," to life theex- preflion of Mr, Burke, over the glorious fcene ( 33 ) icene which they had acted. They affected to preferve a femblanceof fucceffion, to recur for the objects of their election to the pofterity of Charles and James, that refpect and loyalty might with lefs violence to public fentiment attach to the new Sovereign. Had a Jacobite been permitted freedom of fpeech in the Par- liaments of William III. he might thus have arraigned the Act of Settlement " Is the Ian- " guage of your ftatutes to be at eternal war " with truth ? Not long ago you profaned " the forms of devotion by a thankfgiving, " which either means nothing, or infmuates ** a lie. You thanked Heaven for the prefer- " vation of a King and Queen on the 'Throne " of their ancejiors'y an expreffion which ei- " ther was fingly meant of their defcent, " which was frivolous, or infmuated their " hereditary right, which was falfe. With " the fame contempt for confiftency and " truth, we are this dav called on to fettle * the Crown of England on a Princefs of " Ger- ( 34 ) 4e Germany* " becaufe" (he is the grand* " daughter of James the Firft. If that be* " as the phrafeology infinuates, the true and il Jolc reafon of the choice, confiflency de- " mands that the words after " excellent''* *' fhould be omitted, and in their place be Parliaments. The law can never fuppofe them refponfible, becaufe their refponfibility fuppofes the diffolution of fociety, which is the annihilation of law. In the Govern- ments which have hitherto exided, the power of the magiflrate is the only article in the focial compact. Deftroy it, and loeiety is diiTolved. A legal provision for the refpon- fibility of Kan ;v s would infer, that the autho- rity of laws could co-exiil with their deftruc- tion. It is becaufe they cannot be legally and conftitutionally, that they mud be morally and rationally refponfible. It is becaufe there are no remedies to be found within the pale of fociety, that we are to feek them in nature, and throw out parchment chains in the face of our oppreflbrs. No man can deduce a pre- cedent of law from the Revolution, for law cannot exift in the difTolution of Govern- ment. A precedent of rcafon and jufticc only can be eftablifhcd on it ; and perhaps the friends of freedom merit the mifreprefen- U 2 tat ion C 38 ) tation with which they have been oppofed, for j-ruftmg their caufe to fuch frail and frivolous auxiliaries, and for feeking in the profligate practices of men what is to be found in the facred rights of Nature. The fvilem of law- vers is indeed widely different. They can only appeal to ufage, precedents, authorities, and ftatutes. They difplay their elaborate frivolity, their perfidious friendihip, in dif- rracitii t andos quam ad opprimendos et fub unius Imperio ' male perdendos arguments fuppe ditaret. Causam itaque (i Prr.CHKR?aMAM hue certc nViucia lieti aggrediamur ; il- " line frauciem, iallaciam, ignorantiam atque barbreriem ; li hinc lucem, veritatcm rationem et ieculorum omnium ' fuulin atque doctrinam nobis cum flare.'' Jwnnli M'dtom Dcfaifcs Popidl Anglican: c.pud Opera, Lorn, 2, p. 238. Ed. Loud. 173S. Parliament ( 3'6 ) Parliament ; and in Scotland, Andrew Flet- cher, the fcholar of Algernon Sidney, main- tained the caufe of his defcrted country with the force of ancient eloquence, and the dignity of ancient virtue. Such is a rapid enumeration of thofe who had before, or near the Revolution, contri- buted to the diffufion of political light. But their number was fmall, their writings were unpopular, their dogmas were profcribed. The habits of reading had only then begun to reach the great body of mankind, whom the arrogance of rank and letters has ignomini- ou fly confounded under the denomination of the vulgar. Many caufes too contributed to form a pow crful Tory intereft in England. The remnant of that Gothic fentiment, the extinction of v hich Mr. Burke Co pathetically deplores, which engrafted loyalty on a point of honor in military attachment, formed one r :.[', as hich may be called the 'Toryifm oj Chlvahy, ( 3*7 )' Chivalry. Doctrines of a divine right in Kings, which arc now too much forgotten even for fuccefsful ridicule, were then fup- ported and revered. This may be called the Toryifm of Superjlition. And a third fpecies arofe from the great transfer of property into an upftart commercial interefr, which drove the ancient gentry of England, for protection againft its inroads, behind the Throne. This may be called the 'Tory if tn of Landed Arijh- cracy*. Religious prejudices, outrages on * Principle is refpec"table, even it its miflakes, and thefe Tories of the Iaft century were a party of principle. There were accordingly among them men of the moll elevated an 1 untainted honor. Who will refufe that praife to Clarendon and Southampton, Ormond and Montrofe r - But Toryifm, as a party of principle, cannot now exift hi England; for the principles on winch, we have (ecu it to he founded, exifc no more. The Gothic fentiment is effaced, the fuperftition is exploded, and the landed and commercial interefts are completely intermixed. The Toryifm or th.e pre font day can only arife from an abject fpirit or a corrupt h-earr. natural ( 3' ) natural fentiments, which any artificial fyflenl is too feeble to withftand, and the ftream of events which bore them along to extremities which no man could have forefeen, involved the Tories in the Revolution, and made it a truly national act. But their repugnance to every fhadoW o r innovation was invincible. Something the Whigs may be fuppofed to have conceded for the fake of conciliation, but ftw even of their leaders, it is probable, had grand and liberal views. What indeed could have been ex- pected from the delegates of a nation, in which, a few years before, the Univerfity of Oxford, renrefentmc; the national learning; 7 A O O and wifdom, had, in a iolcmn decree, offered their congratulations to Sir George Mackenzie (infamous for the abufe of brilliancy and ac- complifhment to the mod fervile and pro- fligate purpefes) as having confuted the abo- minable doctrines of Buchanan and Milton, and ( S l 9 ) and dcmonflratcd the divine rights of Kings to tyrannize and oppreis mankind ! It mufl be evident, that a people which could thus, by the organ of its moil: learned body, proflrate its reaibn before fuch execrable abfurdities, was too young for legislation. Hence the ab- furd debates in the Convention about the pal- liative phrafes of. abdicate, defert, &c. which were better cut ihort by the Parliament of Scotland, when they ufed the correct and manly expreihon, that James II. had for- feited the Throne. Hence we find the Revolutioniirs perpetually belying their po- litical conduct by their legal phrafeologv. . Hence their impotent and illufive reforms, - Hence their neglect, of fore fight ' in not pro- viding * This progrefs of Roval influence from a difputed die- cefTion lias, in fat, moil fatally taken place. The Proteftant fucccmon was the fuppofed means of preferring our liber- tics, and to that means the end lias been mou deplorably fa- criheed. The Whigs, the fmcere, though timid and partial friends ( 3 20 ) viding bulwarks againft the natural tendency of a difputed fucceffion to accelerate moft ra- pidly the progrefs of Royal influence, by ren- dering it neceflkry to ftrengthen :'c much the pofieflbr of the Crown againft the pretender to it, and thus partially facriflcing freedom to the very means of preferring it. But to elucidate the queftion more fully, *' let us liften to the genuine oracles of Re- " volution policy;" not to the equivocal and palliative language of their (tatutes, but to the nnreftraincd efFufion of fentiment in that me- friends cf freedom, were forced to cling to the Throne as the anchor of liberty. To preferve it from utter fhipwreck, thev were forced to yield fomething to its protestors. Hence a national debt, a feptennial Parliament, and a (landing army. The avowed reafon of the two laft was Jacobitifm. Hence the unnatural Coalition between Whiggifm and Kings during the reigns of the two hrft Princes of the Houfc of Hanover, which the pupillage of Leicefter-houfe fo totally broke. morable ( 3 21 ) inorable conference between the Lords and Commons, on Tuefday the 5th of February, 1688, which terminated in eftablifhing the prefent Government of England. The To- ries, yielding to the torrent in the perfonal exclufion of James II. refolved to embarrafs the Whigs, by urging that the declaration of the abdication and vacancy of the Throne, was a change of the Government, pro hac vice, into an- elective Monarchy. The infe- rence is irrefiitible, and it mini be confefled^ that though the Whigs were the better citi- zens, the Tories were the more correct logi- cians. It is in this conference that we fee the Vv hig leaders compelled to difclofe fo much of thole principles, which tendernefs for pre- judice, and reverence for ufage, had influenced them to diilemble. It is here that we mall difcover fparks kindled in the colliiion of de- bate fufEcient to enlighten the " politic " gloom" in which they had enveloped their meafures. X If ( 3 22 ) If there be any names venerable among the confKtutional lawyers of England, they are thole of Lord Somers and Mr. Serjeant May- nard. They were both confpicuous managers for the Commons in this conference, and the language of both will more than fanctify the inferences of Dr. Price, and the creed of the Revolution Society. My Lord Nottingham, who conducted the conference on the part of the Tories, in a manner mod honorable to his dexterity and acutenefs, demanded of the Managers for the Commons, " Whether they 44 mean the Throne to be lb vacant as to null 46 the fucceflicn in the hereditary line, and i4 fo all the heirs to be cut off? which we 44 .'the Lords) fav, will make the Crown 44 ekElive" Maynard, whofe argument al- ways breathed much of the old republican fpi- rit, replied with force and plainnefs, <4 It is 44 not that the Commons do fay the Crown 44 of England is always and perpetu- -' Ai.r.Y elective, but it is neccffary there 44 be ( 3 2 3 ) li be a fupply where there is a defect." It is impoflible to miftake the import of thefe words. Nothing can be more evident, than that by the mode of denying that the Crown Was ALWAYS AND PERPETUALLY ELEC- TIVE, he confefTes that it was for the then exigency eletlive, In purfuance of his argu- ment:, lie ufes a comparifon ftrongly illuftra- tive of his belief in dogmas anathematized by Mr. Burke. " If two of us make a mutual " agreement to help and defend each other " from any one that lhould ailualt us in a " journey, and he that is with me turns upon tc me, and breaks my head, he hath un- " doubtedly abdicated my ailiftance, and re- *' voked." Sentiments of the Kingly office, more irreverent and correct, are not to be found in the moil profane evangelift that dif- graces the Demoratic canon. It is not un- worthy of incidental remark, that there were then perfons who felt as great horror at no- velties, which have fince been univerfally re- X 2 ceived, ( 3 2 4 ) ceived, as Mr. Burke now feels at the to protect our defpotifm from being confumed by the Sun of Liberty. The alarms of the Pope for the little rem- nant of his authority naturally increafe with the probability of the diffufion of French prin- ciples. Even the mild and temperate Arifto- cracies of Switzerland feem to apprehend the arrival of that period, when men will not be content to owe the benefits of Government to the fortuitous character of their Governors, but to the intrinfic excellence of its conftitu- tion, Even the unfuccefsful flruggle of Liege, and the Theocratic infurrection of Brabant, have left behind them traces of a patriotic party, whom a more favorable moment may call into more fuccefsful action. The defpotic Court of the Hague are betraying alarms that the Dutch Republic may yet revive. The Stadh ( 375 ) Stadtholderlan Government, fupported only by the terror of foreign arms, naturally dreads the deftruc"tion of a Government odious and intolerable to an immenfe majority of the people. Every where then are thofe alarms dis- cernible, which are the mod: evident Symp- toms of the approaching downfall of the Eu- ropean defpotifms. But the impreflion pro- duced by the French Revolution in England, in an enlightened country, which had long boafted of its freedom, merits more particular remark. Before the publication of Mr. Burke, the public were not recovered from that afto- niihment into which they are plunged by un- exampled events, and the general opinion could not have been collected with precifion. But that performance divided the nation into marked parties. It produced a controverfy, which may be regarded as the trial of the French Revolution before the enlightened and A a 4 independent ( 37* ) independent tribunal of the Englifh public.^ What its decifion * has been, I (hall not pre* iume to decide ; for it does not become an advocate to announce the decision of the Judge. But this I may be permitted to re- mark, that the conduct of our enemies has not refembied the ufual triumph of thofe who have been victorious in the war of reafon. Inftead of the triumphant calmnefs that h '-' Thofe who doubt the fervice done bv Mr. Burke to bis caufe may be pkafed with this pafTage of Milton. ** Magnam a rcgibus iniifTe te gratiam omnes principes et ferrarum Dominos demeruifle Defenfrone hac reeia te forts puta? Salmr.fi ; cum i Hi n bona fua remquc foam ex veri- tute potius qua.n ex adulationibus tuifvelfcnt csltimare riemi- neai te pejus, odiffe, neminem a fe ]ongius abigere, atque arcere debeant. Dura enim regiam poteftatem in immen- fum rxtollas aumenes cadem opera omnes fere populos fer- vitut'.s "iuse nee opinatae ; eoque vehementius impellis ut . cternum ilium quo fe ejfc liber os. ihanttcr fomhlabant repeats f.xcutiant." Milton, Jjef. Pop. Anglic, apud opera, torn. u. p, 266. Fj.Lond. 1738. ever C 377 ) ever infpired by confeious fuperiority, they have betrayed the bitternefs of defeat, and the ferocity of refentment, which is peculiar to the black revenge of detected impoilure, Prieftcraft and Toryifm were fupported only by literary advocates of the mofl miferable de- icription*. But they were abundantly fup- ported by auxiliaries of another kind. Of the two great clafTes of enemies to political re- form the interested and the prejudiced the activity of the firft ufually fupplies what may be wanting in the talents of the laft*)-. Judges forgot the dignity of their * A Doctgp. Cooper, or a Doctor Tatham, can- not be fo infatuated as to dream, that even their academical titles can procure them the perufal, not to mention the re- futation of men of fenie. The infolence of the latter pedant had, indeed, nearlv obtained him the honor of a caftigation, which would have made him for ever fick of political con- rroverfv ! f- Both are admirably delineated by Hei.vetius. tc Entre ceux-ci il en eft qui, naturellement portes a c ' vrai, ne font ennemis des veritcs nouvelles, que parce " qu'ik ( 377 ) function, Priefts the mildnefs of their reli- gion ; the Bench, which mould have fpoken with the ferene temper of juilice ; the Pulpit, whence only fhould have iffued the healing founds of charity, were proftituted to party purpofes, and polluted with invective againft freedom. The churches refounded with lan- guage at which Laud would have fhuddered, and Sacbeverell would have blufhed ; the mofl: " qu'ils font parefTeux, et qu'ils voudroient fe fouftraire a ** la fatigue d'attention neceffa ire pour les examiner. " II en eft d'autres qu'animent des motifs dangereux & *' ceux-ci font plus a craindre : ce font des homines dont " l'efprit eft depourvu de talents &c Fame de vei tus : incapa- " bles dc vues elevees et neuves, ces dernierscroientque leur * c conilderation tient au refpecl imbecille ou feint qu'ils *' afneheni pour toutes les opinions & les erreurs recues : " furieux contre touthomme qui vcut en ebranler l'Empire, " ils ARMENT contre lui les pajfions & les prejuges memes "qu'ils meprisent & ne cefTent d'efFaroucher les foible* " efprits par le mot de nouyeaute 7" The laft paflhge muft be explained byfome Warwjck- shire Commentator ! profane ( 373 ) profane companions between the duty to the Divinity and to Kings, were unblufhingly pronounced ; flattery to Minifters was mixed with the folemnities of religion, by the fer- vants, and in the temple of God. Thefe pro* fligate proceedings were not limited to a {ingle fpot. They were general over England, In many churches the French Revolution was exprejjly named! In a majority it was the con- ftant theme of invective for many weeks be- fore its intended celebration. Yet thefe are the f peaceful paftors, who io fincerely and meekly deprecate political fermons* ! * Thefe are no vague aceufations. A fenmn vvai preached in a parifh church in Afiddlrfex on the 3nniveifaiy of the reftoration of Charles U. in which eternal pu- nishment was denounced againft political disaffec- tion ! Perfonsfor whofe difcernment and veracity I can be refponfible. were among the indignant auditors of this in- fernal homily. Nor ( 57* ) Nor was this fufficient. The groffhefs of the popular mind, on which political invec- tive made but a faint impreffion, was to, be roufed into action by religious fanaticifm, the moft intractable and domineering of all de- fr.rucl.ive paflions. A clamor which had for half a century lain dormant was revived. Xhe Church was in danger I The fpirit of perfe-* cution againft an unpopular feci: was artfully excited, and the friends of freedom, whom it might be odious and dangerous profefTedly to attack, were to be overwhelmed as Diffenters. That the majority of the advocates for the French Revolution were not (6, was, indeed, fufEciently known to their enemies. They were well known to be philofophers and friends of humanly , who were fuperior to the creed of any feci, and indifferent to the dogmas of any popular faith. But it fuited the purpofe of their profligate adverfaries to confound them w:rh Diffenters. and to animate againft them the ( 379 ) the fury of prejudices which they themfelves defpifed. The diffufion of thefe invectives produced thole obvious and inevitable effects, which it may require fomething more than candor to fuppofe not forefeen and defired. A banditti, who had been previoufly ftimulated, as they have fince been excufed and panegyrized by incendiary libellifts, wreaked their vengeance on a Philosopher, illuftrious by his talents and his writings, venerable for the fpotlefs purity of his life, and amiable for the unof- fending fimplicity of his manners. The ex- ceffes of this mob of churchmen and hyalifls are to be poorly expiated by the few mifguid- ed victims who are facriHced to the ven- geance of the law. We are, however, only concerned in thefe facts, as they are evidence from our enemies of the ( 3* ) the probable progrefs of freedom. The pio- bability of that progrefs they all confpire to prove. The briefs of the Pope, and the pamphlets of Mr. Burke*, the edicts of the * The only thing that I recolleft to have the air of argu- ment in the two laji pamphlets of Mr. Burke is, the rea- foning againft the right of a majority to change a Govern- ment. Whatever be the plaufibility or dexterity of this reafoning, its originality will be beft eftimated by the follow- ing paflage of a profane philosopher ! *' The controverfies that arife concerning the rights " of the people proceed from the equivocation of the " word. The word people has two fignifications. In one " fenfe it fignifieth a number of men diftinguifhed only by " the place of their habituation, as the people of England, '* or the people of France, which is no more than the mul- 4C titudc of thofe particular perfons inhabiting thefe regions, " without confideration of any covenants or contracts be* " tween them. In another fenfe it fignifieth aperfon civil, ** either one manor one council, in the will whereof is " included and involved the will of every individual. Such " as do not diftinguifh between thefe twofenfes do ufually ' attribute fuch rights to a dijjolved multitude as belong * only to the people virtually contained in the body of the *' Commonwealth or Sovereignty." Sec Hobbes' 77;/>5j,p. 170, et fecj. edit. i2mo. Lond. 1684. ( 38i ) Spanifh Court, and the mandates of the Spa- nish inquifition, the Birmingham rioters, and the Oxford graduates, equally render to Li- berty the involuntary homage of their alarm. FINIS. 12 2 1 - 1 1 THE JVH^AftY IsUUIMfcKIM HtUIUNAL LIBHAHY hAUILI I Y 305 De Neve Drive - Parking Lot 17 Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. IN 1 QI. DUE OCT 2 2001 Subject to Recall NON '- %C'D YRl bt 1 -9 2003 mmm AA 000 101565