Imágenes de páginas
PDF
EPUB

source from which flows the corruption of the public opinion, he will be sensible that the stream will go on gradually refining itself. I must add also, that the coercive power is of necessity so strong in all the old governments, that a people could not at first make an abuse of that liberty which a legitimate Republic supposes. The animal just released from its stall will exhaust the overflow of its spirits in a round of wanton vagaries; but it will soon return to itself, and enjoy its freedom in moderate and regular delight.

But, to resume the subject of universal representation, I ought to have mentioned before, that in the choice of its representatives a people will not immorally hold out wealth as a criterion of integrity, nor lay down as a fundamental rule, that to be qualified for the trying duties of legislation a citizen should be possessed of a certain fixed property. Virtues, talents, and acquirements are all that it will look for.

Having destroyed every external object of delusion, let us now see what makes the supposition necessary that the people will mislead themselves. Your Lordship respects "peasants and mechanics when they intrude not themselves into concerns for which their education has not fitted them."

Setting aside the idea of a peasant or mechanic being a legislator, what vast education is requisite to enable him to judge amongst his neighbours which is most qualified by his industry and integrity to be intrusted with the care of the interests of himself and of his fellow-citizens? But leaving this ground, as governments formed on such a plan proceed in a plain and open manner, their administration would require much less of what is usually called talents and experience, that is, of disciplined treachery and hoary Machiavelism; and at the same time, as it would no longer be their interest to keep the mass of the nation in ignorance, a moderate portion of useful knowledge would be universally disseminated. If your Lordship

has travelled in the democratic cantons of Switzerland, you must have seen the herdsman with the staff in one hand and the book in the other. In the constituent Assembly of France was found a peasant whose sagacity was as distinguished as his integrity, whose blunt honesty overawed and baffled the refinements of hypocritical patriots. The people of Paris followed him with acclamations, and the name of Père Gerard will long be mentioned with admiration and respect through the eighty-three departments.

Before we

From these hints, if pursued further, might be demonstrated the expediency of the whole people “intruding themselves" on the office of legislation, and the wisdom of putting into force what they may claim as a right. But government is divided into two parts—the legislative and executive. The executive power you would lodge in the hands of an individual. inquire into the propriety of this measure, it will be necessary to state the proper objects of the executive power in governments where the principle of universal representation is admitted. With regard to that portion of this power which is exerted in the application of the laws, it may be observed that much of it would be superseded. As laws, being but the expression of the general will, would be enacted only from an almost universal conviction of their utility, any resistance to such laws, any desire of eluding them, must proceed from a few refractory individuals. As far, then, as relates to the internal administration of the country, a Republic has a manifest advantage over a Monarchy, inasmuch as less force is requisite to compel obedience to its laws.

From the judicial tribunals of our own country, though we labour under a variety of partial and oppressive laws, we have an evident proof of the nullity of regal interference, as the king's name is confessedly a mere fiction, and justice is known to be most equitably administered when the judges are least dependent on the crown.

I have spoken of laws partial and oppressive; our penal code is so crowded with disproportioned penalties and indiscriminate severity that a conscientious man would sacrifice, in many instances, his respect for the laws to the common feelings of humanity; and there must be a strange vice in that legislation from which can proceed laws in whose execution a man cannot be instrumental without forfeiting his self-esteem and incurring the contempt of his fellow-citizens.

But to return from this digression with regard to the other branches of the executive government, which relate rather to original measures than to administering the law, it may be observed that the power exercised in conducting them is distinguished by almost imperceptible shades from the legislative, and that all such as admit of open discussion and of the delay attendant on public deliberations are properly the province of the representative assembly. If this observation be duly attended to, it will appear that this part of the executive power will be extremely circumscribed, will be stripped almost entirely of a deliberative capacity, and will be reduced to a mere hand or instrument. As a Republican government would leave this power to a select body destitute of the means of corruption, and whom the people, continually contributing, could at all times bring to account or dismiss, will it not necessarily ensue that a body so selected and supported would perform their simple functions with greater efficacy and fidelity than the complicated concerns of royalty can be expected to meet with in the councils of princes; of men who from their wealth and interest have forced themselves into trust; and of statesmen, whose constant object is to exalt themselves by laying pitfalls for their colleagues and for their country.

I shall pursue this subject no further; but adopting your Lordship's method of argument, instead of continuing to demonstrate the superiority of a Republican executive government, I will repeat some of the objec

tions which have been often made to monarchy, and have not been answered.

My first objection to regal government is its instability, proceeding from a variety of causes. Where monarchy is found in its greatest intensity, as in Morocco and Turkey, this observation is illustrated in a very pointed manner, and indeed is more or less striking as governments are more or less despotic. The reason is obvious as the monarch is the chooser of his ministers, and as his own passions and caprice are in general the sole guides of his conduct, these ministers, instead of pursuing directly the one grand object of national welfare, will make it their chief study to vary their measures according to his humours. But a minister may be refractory: his successor will naturally run headlong into plans totally the reverse of the former system; for if he treads in the same path, he is well aware that a similar fate will attend him. This observation will apply to each succession of kings, who, from vanity and a desire of distinction, will in general studiously avoid any step which may lead to a suspicion that they are so spiritless as to imitate their predecessor. That a similar instability is not incident to Republics is evident from their very constitution.

As from the nature of monarchy, particularly of hereditary monarchy, there must always be a vast disproportion between the duties to be performed and the powers that are to perform them; and as the measures of government, far from gaining additional vigour, are, on the contrary, enfeebled by being intrusted to one hand, what arguments can be used for allowing to the will of a single being a weight which, as history shows, will subvert that of the whole body politic? And this brings me to my grand objection to monarchy, which is drawn from THE ETERNAL NATURE OF MAN. The office of king is a trial to which human virtue is not equal. Pure and universal representation, by which alone liberty can be secured, cannot, I think, exist

together with monarchy. It seems madness to expect a manifestation of the general will, at the same time that we allow to a particular will that weight which it must obtain in all governments that can with any propriety be called monarchical. They must war with each other till one of them is extinguished. It was so in France and * * *

I shall not pursue this topic further, but, as you are a teacher of purity of morals, I cannot but remind you of that atmosphere of corruption without which it should seem that courts cannot exist.

You seem anxious to explain what ought to be understood by the equality of men in a state of civil society; but your Lordship's success has not answered your trouble. If you had looked in the articles of the Rights of Man, you would have found your efforts superseded : "Equality, without which liberty cannot exist, is to be met with in perfection in that State in which no distinctions are admitted but such as have evidently for their object the general good;" "The end of government cannot be attained without authorising some members of the society to command, and of course without imposing on the rest the necessity of obedience."

Here, then, is an inevitable inequality, which may be denominated that of power. In order to render this as small as possible, a legislator will be careful not to give greater force to such authority than is essential to its due execution. Government is at best but a necessary evil. Compelled to place themselves in a state of subordination, men will obviously endeavour to prevent the abuse of that superiority to which they submit; accordingly they will cautiously avoid whatever may lead those in whom it is acknowledged to suppose they hold it as a right. Nothing will more effectually contribute to this than that the person in whom authority has been lodged should occasionally descend to the level of private citizen; he will learn from it a wholesome lesson, and the people will be less liable to confound the person

VOL. I

C

« AnteriorContinuar »