Page images
PDF
EPUB

reimbursements, and seemed as if he even wanted to redeem the constitution.

It is not enough to have intermediate powers in a monarchy; there must be also a depositary of the laws. This depositary can only be the judges of the supreme courts of justice, who promulge the new laws, and revive the obsolete. The natural ignorance of the nobility, their indolence, and contempt of civil government, require there should be a body invested with a power of reviving and executing the laws, which would be otherwise buried in oblivion. The prince's council are not a proper depositary. They are naturally the depositary of the momentary will of the prince, and not of the fundimental laws. Besides the prince's council is continually changing; it is neither permanent, nor numerous; neither has it a sufficient share of the confidence of the people; consequently it is incapable to set them right in difficult conjunctures, or to reduce them to proper obedience.

Despotic governments, where there are no fundamental laws, have no such kind of depositary. Hence it is, that religion has generally so much influence in those countries, because it forms a kind of permanent depositary; and if this cannot be said of religion, it may of the customs that are respected instead of laws.

CHAP. V.

Of the Laws relative to the Nature of a despotic Government.

FROM the nature of despotic power it follows, that the single person, invested with this power, commits the execution of it also to a single person. A man whom his senses continually inform, that he himself is every thing, and his subjects nothing, is naturally lazy, voluptuous, and ignorant. In consequence of this, he neglects the management of public affairs. But were he to commit the administration to many, there would be continual disputes among them; each would form intrigues to be his first slave; and he would be obliged to take the reins into his own hands. It is, therefore, more natural for him to resign it to a vizir,* and to invest him with the same power as himself. The creation of a vizir is a fundamental law of this government.

• The Eastern kings are never without vizirs, says sir John Chardin.

It is related of a pope, that he had started an infinite number of difficulties against his election, from a thorough conviction of his incapacity. At length he was prevailed on to accept of the pontificate; and resigned the administration entirely to his nephew. He was soon struck with surprise, and said, I should never have thought that these things were so easy. The same may be said of the princes of the East, who, being educated in a prison where eunuchs corrupt their hearts and debase their understandings, and where they are frequently kept ignorant even of their high rank; when drawn forth in order to be placed on the throne, they are at first confounded: but as soon as they have chosen a vizir, and abandoned themselves in their seraglio to the most brutal passions, pursuing, in the midst of a prostituted court, every capricious extravagance; they could never have dreamt to find matters so easy.

The more extensive the empire, the larger the seraglio; and consequently the more voluptuous the prince. Hence the more nations such a sovereign has to rule, the less he attends to the cares of government; the more important his affairs, the less he makes them the subject of his deliberations.

BOOK III.

OF THE PRINCIPLES OF THE THREE KINDS OF GOVERNMENT.

CHAP. I.

Difference between the Nature and Principle of Government.

AFTER having examined the laws relative to the nature of each government, we must investigate those which relate to its principle.

There is this difference between the nature and principle

This is a very important distinction, from whence I shall draw many consequences; for it is the key of an infinite number of laws.

VOL. I.

с

of government; that the former is that by which it is constituted, the latter that by which it is made to act. One is its particular structure, and the other the human passions which set it in motion.

Now, laws ought to be no less relative to the principle than to the nature of each government. We must, therefore, inquire into this principle, which shall be the subject of this third book.

CHAP. II.

Of the Principle of different Governments.

I HAVE already observed, that it is the nature of a republican government, that either the collective body of the people, or particular families, should be possessed of the supreme power; of a monarchy, that the prince should have this power, but in the execution of it should be directed by established laws; of a despotic government, that a single person should rule according to his own will and caprice. This enables me to discover their three principles; which are naturally derived from thence. I shall begin with a republican government, and in particular with that of democracy.

CHAP. III.

Of the Principle of Democracy.

THERE is no great share of probity necessary to support a monarchical or despotic government. The force of laws in one, and the prince's arm in the other, are sufficient to direct and maintain the whole. But in a popular state, one spring more is necessary, namely, virtue.

What I have here advanced, is confirmed by the unanimous testimony of historians, and is extremely agreeable to the nature of things. For it is clear, that in a monarchy, where he who commands the execution of the laws, generally thinks himself above them, there is less need of virtue than in a popular government, where the person entrusted with the execution of the laws, is sensible of his being subject to their direction.

Clear it is also, that a monarch, who, through bad advice or indolence, ceases to enforce the execution of the laws, may easily repair the evil; he has only to follow other advice; or to shake off this indolence. But when, in a popular government, there is a suspension of the laws, as this can proceed only from the corruption of the republic, the state is certainly undone.

A very droll spectacle it was in the last century to behold the impotent efforts of the English towards the establishment of democracy. As they who had a share in the direction of public affairs were void of virtue; as their ambition was inflamed by the success of the most daring of their members ;* as the prevailing parties were successively animated by the spirit of faction, the government was continually changing: the people, amazed at so many revolutions, in vain attempted to erect a commonwealth. At length, when the country had undergone the most violent shocks, they were obliged to have recourse to the very government which they had so wantonly proscribed.

When Sylla thought of restoring Rome to her liberty, this unhappy city was incapable of that blessing. She had only the feeble remains of virtue, which were continually diminishing: instead of being roused out of her lethargy, by Cæsar, Tiberius, Caius Claudius, Nero, Domitian, she riveted every day her chains; if she struck some blows, her aim was at the tyrant, but not at the usurpation.

The politic Greeks, who lived under a popular government, knew no other support than virtue. The modern inhabitants of that country are entirely taken up with manufacture, commerce, finances, opulence, and luxury.

When virtue is banished, ambition invades the minds of those who are disposed to receive it, and avarice possesses the whole community. The objects of their desires are changed; what they were fond of before, is become indifferent; they were free, while under the restraint of laws, but they would fain now be free to act against law; and as each citizen is like a slave who has run away from his master, what was a maxim of equity, he calls rigour; what was a rule of action, he styles constraint; and to precaution, he gives the name of fear. Frugality, and not the thirst of gain, now passes for avarice. Formerly the wealth of individuals constituted the public treasure; but now this is become the patrimony of private persons. The members of the commonwealth riot on the public spoils, and its strength is only the power of a few, and the licentiousness of many.

* Cromwell,

Athens was possessed of the same number of forees, when she triumphed so gloriously, and when with so much infamy she was enslaved. She had twenty thousand citizens,* when she defended the Greeks against the Persians, when she contended for empire with Sparta, and invaded Sicily. She had twenty thousand when Demetrius Phalereus numbered them,† as slaves are told by the head in a market-place. When Philip attempted to lord it over Greece, and appeared at the gates of Athens, she had even then lost nothing but time. We may see in Demosthenes how difficult it was to awake her she dreaded Philip, not as the enemy of her liberty, but of her pleasures. This famous city, which had withstood so many defeats, and after having been so often destroyed, had as often risen out of her ashes, was overthrown at Charonea, and at one blow deprived of all hopes of resource. What does it

:

avail her, that Philip sends back her prisoners, if he does not return her men? It was ever after as easy to triumph over the Athenian forces, as it had been difficult to subdue her virtue.

How was it possible for Carthage to maintain her ground? When Hannibal, upon his being made prætor, endeavoured to hinder the magistrates from plundering the republic, did not they complain of him to the Romans? Wretches, who would fain be citizens without a city, and beholden for their riches to their very destroyers! Rome soon insisted upon having three hundred of their principal citizens as hostages; she obliged them next to surrender their arms and ships; and then she declared war.§ From the desperate efforts of this defenceless city, one may judge of what she might have performed in her full vigour, and assisted by virtue.

*Plutarch, life of Pericles, Plato in Critia.

+ She had at that time twenty-one thousand citizens, ten thousand strangers, and four hundred thousand slaves. See Athenæus, Book 6. She had then twenty thousand citizens. See Demosthenes in Aristog.

They had passed a law, which rendered it a capital crime for any one to propose applying the money designed for the Theatres to Military service.

§ This lasted three years.

« PreviousContinue »