Part 2

According to these remarks, we are to consider the Roman government under the Emperors as a mixture of despotism and liberty, where the despotism prevailed; and the English government as a mixture of the same kind, where the liberty predominates. The consequences are conformable to the foregoing observation, and such as may be expected from those mixed forms of government, which beget a mutual watchfulness and jealousy. The Roman emperors were, many of them, the most frightful tyrants that ever disgraced human nature; and it is evident, that their cruelty was chiefly excited by their _jealousy_, and by their observing that all the great men of Rome bore with impatience the dominion of a family, which, but a little before, was nowise superior to their own. On the other hand, as the republican part of the government prevails in England, though with a great mixture of monarchy, it is obliged, for its own preservation, to maintain a watchful _jealousy_ over the magistrates, to remove all discretionary powers, and to secure every one's life and fortune by general and inflexible laws. No action must be deemed a crime but what the law has plainly determined to be such: no crime must be imputed to a man but from a legal proof before his judges; and even these judges must be his fellow-subjects, who are obliged, by their own interest, to have a watchful eye over the encroachments and violence of the ministers. From these causes it proceeds, that there is as much liberty, and even perhaps licentiousness, in Great Britain, as there were formerly slavery and tyranny in Rome.

These principles account for the great liberty of the press in these kingdoms, beyond what is indulged in any other government. It is apprehended that arbitrary power would steal in upon us, were we not careful to prevent its progress, and were there not any easy method of conveying the alarm from one end of the kingdom to the other. The spirit of the people must frequently be roused, in order to curb the ambition of the court; and the dread of rousing this spirit must be employed to prevent that ambition. Nothing so effectual to this purpose as the liberty of the press; by which all the learning, wit, and genius of the nation, may be employed on the side of freedom, and every one be animated to its defence. As long, therefore, as the republican part of our government can maintain itself against the monarchical, it will naturally be careful to keep the press open, as of importance to its own preservation.[1]

It must however be allowed, that the unbounded liberty of the press, though it be difficult, perhaps impossible, to propose a suitable remedy for it, is one of the evils attending those mixed forms of government.

[1] Since, therefore, the liberty of the press is so essential to the support of our mixed government, this sufficiently decides the second question, _Whether this liberty be advantageous or prejudicial,_ there being nothing of greater importance in every state than the preservation of the ancient government, especially if it be a free one. But I would fain go a step further, and assert, that such a liberty is attended with so few inconveniences, that it may be claimed as the common right of mankind, and ought to be indulged them almost in every government except the ecclesiastical, to which, indeed, it would be fatal. We need not dread from this liberty any such ill consequences as followed from the harangues of the popular demagogues of Athens and Tribunes of Rome. A man reads a book or pamphlet alone and coolly. There is none present from whom he can catch the passion by contagion. He is not hurried away by the force and energy of action. And should he be wrought up to never so seditious a humour, there is no violent resolution presented to him by which he can immediately vent his passion. The liberty of the press, therefore, however abused, can scarce ever excite popular tumults or rebellion. And as to those murmurs or secret discontents it may occasion, it is better they should get vent in words, that they may come to the knowledge of the magistrate before it be too late, in order to his providing a remedy against them. Mankind, it is true, have always a greater propension to believe what is said to the disadvantage of their governors than the contrary; but this inclination is inseparable from them whether they have liberty or not. A whisper may fly as quick, and be as pernicious as a pamphlet. Nay, it will be more pernicious, where men are not accustomed to think freely, or distinguish betwixt truth and falsehood.

It has also been found, as the experience of mankind increases, that the _people_ are no such dangerous monsters as they have been represented, and that it is in every respect better to guide them like rational creatures than to lead or drive them like brute beasts. Before the United Provinces set the example, toleration was deemed incompatible with good government; and it was thought impossible that a number of religious sects could live together in harmony and peace, and have all of them an equal affection to their common country and to each other. _England_ has set a like example of civil liberty; and though this liberty seems to occasion some small ferment at present, it has not as yet produced any pernicious effects; and it is to be hoped that men, being every day more accustomed to the free discussion of public affairs, will improve in their judgment of them, and be with greater difficulty seduced by every idle rumour and popular clamour.

It is a very comfortable reflection to the lovers of liberty, that this peculiar privilege of _Britain_ is of a kind that cannot easily be wrested from us, and must last as long as our government remains in any degree free and independent. It is seldom that liberty of any kind is lost all at once. Slavery has so frightful an aspect to men accustomed to freedom, that it must steal in upon them by degrees, and must disguise itself in a thousand shapes in order to be received. But if the liberty of the press ever be lost, it must be lost at once. The general laws against sedition and libelling are at present as strong as they possibly can be made. Nothing can impose a further restraint but either the clapping an imprimatur upon the press, or the giving very large discretionary powers to the court to punish whatever displeases them. But these concessions would be such a barefaced violation of liberty, that they will probably be the last efforts of a despotic government. We may conclude that the liberty of _Britain_ is gone for ever when these attempts shall succeed.

THAT POLITICS MAY BE REDUCED TO A SCIENCE

It is a question with several, whether there be any essential difference between one form of government and another? and, whether every form may not become good or bad, according as it is well or ill administered?[1] Were it once admitted, that all governments are alike, and that the only difference consists in the character and conduct of the governors, most political disputes would be at an end, and all _Zeal_ for one constitution above another must be esteemed mere bigotry and folly. But, though a friend to moderation, I cannot forbear condemning this sentiment, and should be sorry to think, that human affairs admit of no greater stability, than what they receive from the casual humours and characters of particular men.

It is true, those who maintain that the goodness of all government consists in the goodness of the administration, may cite many particular instances in history, where the very same government, in different hands, has varied suddenly into the two opposite extremes of good and bad. Compare the French government under Henry III and under Henry IV. Oppression, levity, artifice, on the part of the rulers; faction, sedition, treachery, rebellion, disloyalty on the part of the subjects: these compose the character of the former miserable era. But when the patriot and heroic prince, who succeeded, was once firmly seated on the throne, the government, the people, every thing, seemed to be totally changed; and all from the difference of the temper and conduct of these two sovereigns.[2] Instances of this kind may be multiplied, almost without number, from ancient as well as modern history, foreign as well as domestic.

But here it may be proper to make a distinction. All absolute governments must very much depend on the administration; and this is one of the great inconveniences attending that form of government. But a republican and free government would be an obvious absurdity, if the particular checks and controls, provided by the constitution had really no influence, and made it not the interest, even of bad men, to act for the public good. Such is the intention of these forms of government, and such is their real effect, where they are wisely constituted: as, on the other hand, they are the source of all disorder, and of the blackest crimes, where either skill or honesty has been wanting in their original frame and institution.

So great is the force of laws, and of particular forms of government, and so little dependence have they on the humours and tempers of men, that consequences almost as general and certain may sometimes be deduced from them, as any which the mathematical sciences afford us.

The constitution of the Roman republic gave the whole legislative power to the people, without allowing a negative voice either to the nobility or consuls. This unbounded power they possessed in a collective, not in a representative body. The consequences were: when the people, by success and conquest, had become very numerous, and had spread themselves to a great distance from the capital, the city tribes, though the most contemptible, carried almost every vote: they were, therefore, most cajoled by every one that affected popularity: they were supported in idleness by the general distribution of corn, and by particular bribes, which they received from almost every candidate: by this means, they became every day more licentious, and the Campus Martius was a perpetual scene of tumult and sedition: armed slaves were introduced among these rascally citizens, so that the whole government fell into anarchy; and the greatest happiness which the Romans could look for, was the despotic power of the Cæsars. Such are the effects of democracy without a representative.

A Nobility may possess the whole, or any part of the legislative power of a state, in two different ways. Either every nobleman shares the power as a part of the whole body, or the whole body enjoys the power as composed of parts, which have each a distinct power and authority. The Venetian aristocracy is an instance of the first kind of government; the Polish, of the second. In the Venetian government the whole body of nobility possesses the whole power, and no nobleman has any authority which he receives not from the whole. In the Polish government every nobleman, by means of his fiefs, has a distinct hereditary authority over his vassals, and the whole body has no authority but what it receives from the concurrence of its parts. The different operations and tendencies of these two species of government might be made apparent even _a priori_. A Venetian nobility is preferable to a Polish, let the humours and education of men be ever so much varied. A nobility, who possess their power in common, will preserve peace and order, both among themselves, and their subjects; and no member can have authority enough to control the laws for a moment. The nobles will preserve their authority over the people, but without any grievous tyranny, or any breach of private property; because such a tyrannical government promotes not the interests of the whole body, however it may that of some individuals. There will be a distinction of rank between the nobility and people, but this will be the only distinction in the state. The whole nobility will form one body, and the whole people another, without any of those private feuds and animosities, which spread ruin and desolation everywhere. It is easy to see the disadvantages of a Polish nobility in every one of these particulars.

It is possible so to constitute a free government, as that a single person, call him a doge, prince, or king, shall possess a large share of power, and shall form a proper balance or counterpoise to the other parts of the legislature. This chief magistrate may be either _elective_ or _hereditary_, and though the former institution may, to a superficial view, appear the most advantageous; yet a more accurate inspection will discover in it greater inconveniences than in the latter, and such as are founded on causes and principles eternal and immutable. The filling of the throne, in such a government, is a point of too great and too general interest, not to divide the whole people into factions, whence a civil war, the greatest of ills, may be apprehended, almost with certainty, upon every vacancy. The prince elected must be either a _Foreigner_ or a _Native_: the former will be ignorant of the people whom he is to govern; suspicious of his new subjects, and suspected by them; giving his confidence entirely to strangers, who will have no other care but of enriching themselves in the quickest manner, while their master's favour and authority are able to support them. A native will carry into the throne all his private animosities and friendships, and will never be viewed in his elevation without exciting the sentiment of envy in those who formerly considered him as their equal. Not to mention that a crown is too high a reward ever to be given to merit alone, and will always induce the candidates to employ force, or money, or intrigue, to procure the votes of the electors: so that such an election will give no better chance for superior merit in the prince, than if the state had trusted to birth alone for determining the sovereign.

It may, therefore, be pronounced as an universal axiom in politics, _That an hereditary prince, a nobility without vassals, and a people voting by their representatives, form the best_ MONARCHY, ARISTOCRACY, _and_ DEMOCRACY. But in order to prove more fully, that politics admit of general truths, which are invariable by the humour or education either of subject or sovereign, it may not be amiss to observe some other principles of this science, which may seem to deserve that character.

It may easily be observed, that though free governments have been commonly the most happy for those who partake of their freedom; yet are they the most ruinous and oppressive to their provinces: and this observation may, I believe, be fixed as a maxim of the kind we are here speaking of. When a monarch extends his dominions by conquest, he soon learns to consider his old and his new subjects as on the same footing; because, in reality, all his subjects are to him the same, except the few friends and favourites with whom he is personally acquainted. He does not, therefore, make any distinction between them in his _general_ laws; and, at the same time, is careful to prevent all _particular_ acts of oppression on the one as well as the other. But a free state necessarily makes a great distinction, and must always do so till men learn to love their neighbours as well as themselves. The conquerors, in such a government, are all legislators, and will be sure to contrive matters, by restrictions on trade, and by taxes, so as to draw some private, as well as public advantage from their conquests. Provincial governors have also a better chance, in a republic, to escape with their plunder, by means of bribery or intrigue; and their fellow-citizens, who find their own state to be enriched by the spoils of the subject provinces, will be the more inclined to tolerate such abuses. Not to mention, that it is a necessary precaution in a free state to change the governors frequently, which obliges these temporary tyrants to be more expeditious and rapacious, that they may accumulate sufficient wealth before they give place to their successors. What cruel tyrants were the Romans over the world during the time of their commonwealth! It is true, they had laws to prevent oppression in their provincial magistrates; but Cicero informs us, that the Romans could not better consult the interests of the provinces than by repealing these very laws. For, in that case, says he, our magistrates, having entire impunity, would plunder no more than would satisfy their own rapaciousness; whereas, at present, they must also satisfy that of their judges, and of all the great men in Rome, of whose protection they stand in need. Who can read of the cruelties and oppressions of Verres without horror and astonishment? And who is not touched with indignation to hear, that, after Cicero had exhausted on that abandoned criminal all the thunders of his eloquence, and had prevailed so far as to get him condemned to the utmost extent of the laws, yet that cruel tyrant lived peaceably to old age, in opulence and ease, and, thirty years afterwards, was put into the proscription by Mark Antony, on account of his exorbitant wealth, where he fell with Cicero himself, and all the most virtuous men of Rome? After the dissolution of the commonwealth, the Roman yoke became easier upon the provinces, as Tacitus informs us; and it may be observed, that many of the worst emperors, Domitian, for instance, were careful to prevent all oppression on the provinces. In Tiberius's time, Gaul was esteemed richer than Italy itself: nor do I find, during the whole time of the Roman monarchy, that the empire became less rich or populous in any of its provinces; though indeed its valour and military discipline were always upon the decline. The oppression and tyranny of the Carthaginians over their subject states in Africa went so far, as we learn from Polybius, that, not content with exacting the half of all the produce of the land, which of itself was a very high rent, they also loaded them with many other taxes. If we pass from ancient to modern times, we shall still find the observation to hold. The provinces of absolute monarchies are always better treated than those of free states. Compare the _Pais conquis_ of France with Ireland, and you will be convinced of this truth; though this latter kingdom, being in a good measure peopled from England, possesses so many rights and privileges as should naturally make it challenge better treatment than that of a conquered province. Corsica is also an obvious instance to the same purpose.

There is an observation of Machiavel, with regard to the conquests of Alexander the Great, which, I think, may be regarded as one of those eternal political truths, which no time nor accidents can vary. It may seem strange, says that politician, that such sudden conquests, as those of Alexander, should be possessed so peaceably by his successors, and that the Persians, during all the confusions and civil wars among the Greeks, never made the smallest effort towards the recovery of their former independent government. To satisfy us concerning the cause of this remarkable event, we may consider, that a monarch may govern his subjects in two different ways. He may either follow the maxims of the Eastern princes, and stretch his authority so far as to leave no distinction of rank among his subjects, but what proceeds immediately from himself; no advantages of birth; no hereditary honours and possessions; and, in a word, no credit among the people, except from his commission alone. Or a monarch may exert his power after a milder manner, like other European princes; and leave other sources of honour, beside his smile and favour; birth, titles, possessions, valour, integrity, knowledge, or great and fortunate achievements. In the former species of government, after a conquest, it is impossible ever to shake off the yoke; since no one possesses, among the people, so much personal credit and authority as to begin such an enterprise: whereas, in the latter, the least misfortune, or discord among the victors, will encourage the vanquished to take arms, who have leaders ready to prompt and conduct them in every undertaking.[3]

Such is the reasoning of Machiavel, which seems solid and conclusive; though I wish he had not mixed falsehood with truth, in asserting that monarchies, governed according to Eastern policy, though more easily kept when once subdued, yet are the most difficult to subdue; since they cannot contain any powerful subject, whose discontent and faction may facilitate the enterprises of an enemy. For, besides, that such a tyrannical government enervates the courage of men, and renders them indifferent towards the fortunes of their sovereigns; besides this, I say, we find by experience, that even the temporary and delegated authority of the generals and magistrates, being always, in such governments, as absolute within its sphere as that of the prince himself, is able, with barbarians accustomed to a blind submission, to produce the most dangerous and fatal revolutions. So that in every respect, a gentle government is preferable, and gives the greatest security to the sovereign as well as to the subject.

Legislators, therefore, ought not to trust the future government of a state entirely to chance, but ought to provide a system of laws to regulate the administration of public affairs to the latest posterity. Effects will always correspond to causes; and wise regulations, in any commonwealth, are the most valuable legacy that can be left to future ages. In the smallest court or office, the stated forms and methods by which business must be conducted, are found to be a considerable check on the natural depravity of mankind. Why should not the case be the same in public affairs? Can we ascribe the stability and wisdom of the Venetian government, through so many ages, to any thing but the form of government? And is it not easy to point out those defects in the original constitution, which produced the tumultuous governments of Athens and Rome, and ended at last in the ruin of these two famous republics? And so little dependence has this affair on the humours and education of particular men, that one part of the same republic may be wisely conducted, and another weakly, by the very same men, merely on account of the differences of the forms and institutions by which these parts are regulated. Historians inform us that this was actually the case with Genoa. For while the state was always full of sedition, and tumult, and disorder, the bank of St. George, which had become a considerable part of the people, was conducted, for several ages, with the utmost integrity and wisdom.

The ages of greatest public spirit are not always most eminent for private virtue. Good laws may beget order and moderation in the government, where the manners and customs have instilled little humanity or justice into the tempers of men. The most illustrious period of the Roman history, considered in a political view, is that between the beginning of the first and end of the last Punic war; the due balance between the nobility and people being then fixed by the contests of the tribunes, and not being yet lost by the extent of conquests. Yet at this very time, the horrid practice of poisoning was so common, that, during part of the season, a _Prætor_ punished capitally for this crime above three thousand persons in a part of Italy; and found informations of this nature still multiplying upon him. There is a similar, or rather a worse instance, in the more early times of the commonwealth; so depraved in private life were that people, whom in their histories we so much admire. I doubt not but they were really more virtuous during the time of the two _Triumvirates_, when they were tearing their common country to pieces, and spreading slaughter and desolation over the face of the earth, merely for the choice of tyrants.