Chapter IV.

The Same Subject Continued.

I shall say but one word of external matters. The Restoration found war in France, and France, like Europe, weary of war. This was both for France and Europe a pledge of peace. Peace was then the general law of our destiny; and in it should France have sought its power, and likewise its dignity, for the one is not separated from the other, at least for long.

Within, the Restoration found neither anarchy, impiety, contempt for the laws, struggles between classes, nor any of those revolutionary scourges of which they now speak, as if they had possessed France for twenty-five years without interruption. This is not true. The old nobility lived at peace with the new, and both with the nation. Vanity had its folly as well as its pleasures, and the country thought little about the matter. Unluckily for our prospects and our rights--I thought so then, and do so still--power was at least strongly constituted, and in such a manner that disorder was not to be feared either for us or itself. Moral disorder, that internal shamelessness which incredulity produces, that domestic license, contempt for all existing forms of things, and aversion to every rule and restraint, had disappeared. Order, an imperious and blind necessity in 1799, was in 1814 a habit and a general taste, and the Restoration found it so.

It is true that order, not only politically, but morally, was without guarantees. In political respects, no real and independent institutions subsisted by their own strength, capable of protecting either the general interests against individual pretensions, or individual interests against the tyranny of general interests and the natural vices or errors of power. One man had sufficed for many, and had pretended to suffice for all. In falling, he left power entirely naked and defenceless: for it had rights, and no means of exercising them; strength, and no means of displaying it; wants, and no means of providing for them by its own efforts.

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In moral respects the evil was less apparent, but still real and profound. Order reigned in social facts, and even in manners; but the principles of order were not in the soul. These principles I may sum up in two words: the firm sentiment of right and true belief. These were almost alike wanting. I will not say that in the respect for religion and morals which replaced the revolutionary cynicism there was hypocrisy, but still there was not sincerity: it was an external respect, founded upon necessities and conveniences, not upon convictions and sentiments. People considered it good, and observed it, but without having in themselves that which occasions it, and without troubling themselves as to its legitimate nature. The head of the government set the example; but if he desired its habits, he feared its principles; for while ridiculing ideas, he acknowledged their empire. Discipline without moral rule, obedience with indifference, this is all he sought, and society gradually took the character under his hand. Never had order been at once so exact, and yet so foreign, to the inner life of man; and never had there been so much regularity united with so little faith.

As for the idea of right, it was raised little above civil relations; beyond which force reigned so supreme, that it seemed as if right belonged to it alone. When there exists in a nation a will before which everything disappears, or is reduced to silence, the sentiment of right perishes; and if this will is at the same time very active, and is possessed with the passion for displaying itself on every side, in war, in peace, manifesting itself everywhere, and considering every obstacle as illegitimate, it exercises over men the most formidable corruption they can be subject to, for it deprives them of the power and even thought of resisting--that is to say, takes from them their moral existence. Right is the right of resistance: there is no other; for take that away, and every other disappears. Bonaparte struck them all to the heart, at least in their relations with his power; and thus repulsing beliefs on the one hand, and rights on the other, he carried away from the order which he maintained, without having founded it, every guarantee but habit and his own will.

What Bonaparte did not give, the Restoration could give us: this was at once its mission and its nature. It was its mission, for a government has no other than that of satisfying the wants of the society in which it is established; not only the permanent and universal wants of society, but likewise, and above all perhaps, the special wants of its epoch. But even as Bonaparte had had to bring back external order, and to cause the cessation, by the despotism of a single will, of the anarchy of individual wills, so the Restoration, taking things where Bonaparte left them, had to infuse into external order the belief which constitutes moral order, and to replace the empire of will by the empire of right. Though less visible, these wants are not the less real; they are found at the bottom of every legitimate aspiration of every party.

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It was also in the nature of the Restoration to respond to them. And from the first it was constrained to the institutions of liberty. I make use of this word, for it appears to me the only one by which the imperious necessity for the Charter can be expressed. Such constraints are not offensive to the power to which they apply, for it is Providence which directs them. The mistrust which the Restoration could not fail to excite exacted guarantees which liberty alone could offer. Thus liberty was perhaps still more necessary to the Restoration than power to the Consulate: but it is in the bosom of liberty that public beliefs are developed; it is under its shadow that general ideas germinate and grow, ideas adapted to the time and to the instinct of minds, and called forth and gathered by the secret wants of an entire people. Despotism never produces them; and the great convictions which have governed the world are never formed but against power or in a free state. The idea and the sentiment of right spring of necessity from liberty. This does not need proof, especially in modern times, when the bloody combats of the little Greek or Italian factions would not be, in the eyes of any one, liberty.

And this is not all: that which was a necessity to the Restoration was likewise analogous to its nature: it drew its force not from force itself, but from an idea. The word legitimacy has been, and will still be, much abused. One loses much by this abuse; for in trying to make it mean what it does not, we run the risk of depriving it of what it really contains of truth and strength. It expresses a right, real and obvious, though limited as rights always are, when existing simultaneously with other rights. This right has made the strength of the Restoration, and even the Restoration itself. The Restoration was the result of the influence which recollections of long possession and certain moral principles and sentiments accompanying them exercise upon the minds of men. Whatever we may think of right--its origin, conditions, limits--we should know that it is a fact, a powerful fact, and one which was felt as such by Cromwell and William III., as well as in the reign of Charles II.

It is the consequence of this fact that, founded as it is upon a moral idea, and sustained by those which are joined to or derived from it, the development of its force must be sought especially in the moral order where its principle resides. Elicited by convictions effected in virtue of a right, convictions and rights were at the Restoration the natural means of government. Subject to necessity even in the moment of triumph, obliged to yield in returning to the Revolution, it dreaded what the Revolution desired--it had to conciliate antagonistic principles and rights; but even that was a moral work foreign to its direct action, and which new sentiments and new ideas could alone accomplish. {283} Bonaparte had rebuilt the altars, and restored its solemnities to public worship; and notwithstanding revolutionary clamours, the non-Catholics felt no alarm. After the Restoration, Catholicism came to demand, and liberty of conscience to fear much more. What had the Restoration to do to defend society and itself from this peril? Could it, like the Revolution, or even like Bonaparte, treat different communions now with severity, now with complacency, and arbitrarily restrain or permit their action? No: that would have been opposed to the general nature of its institutions, and have shocked the respect it owed to faith as well as to liberty. Another path was open to it: and that was, to lay vigorous hold upon the principles of religious liberty, to proclaim it in all its acts, to inculcate it in every mind, and to make it, in fine, one of its doctrines of government, one of its public creeds which, really adopted, are found everywhere acting by their own virtue, and maintaining order almost of themselves. All the wants of the new order prescribed to the Restoration such a course; and it had, partly in the necessities of its situation, and partly in its nature, what sufficed for this noble task. The protection accorded to religious and moral ideas was not, on its part, the confession of an error, for all these ideas rallied spontaneously around it. The respect in which rights were held was of great importance to it, for it drew its own title from a right; and the maintenance of the public liberties was not less its policy than their establishment, for it could not, like Bonaparte, pretend to despotism by victory. It was, in fine, its condition and its destiny to rule especially by the moral influences, to aid in their development, to base on their empire the order which it found restored, and to have recourse to force but rarely, and then with regret, as a means foreign to its nature, and the necessity of which rendered its employment grievous.

If we consider the occasions when the present government has tried this means, we shall be convinced, without difficulty, that the natural laws which rule it have had little to do with its use. Sometimes, as in the slightest popular agitations, we have seen it used with a precipitation and to an extent which exhibited less skill than inquietude; sometimes, as in the proceedings of the Cour des Pairs, indications of severity were observable sufficient to inspire much alarm, but which ended merely in correctional punishments. The movement has almost always appeared above the cause, and the effect beneath the movement. I do not know if a neutral observer is in the right to judge thus; but assuredly the employment of force, and the public threats of severity, have failed both in motive and address; and many believe that power has made use of them either wrongfully or unskilfully. Either of these faults would prove that the means of governing are improper. {284} It is not merit to succeed by force even at the moment when it is invoked; but what government does not come to the end of its means? It is still necessary that, after having set it at work, it leaves it public, convinced that this was necessary; and that it has used the means so well as to render this need more rare. If the first of its convictions fail, power is suspected of timidity and malevolence; if the second, it is taxed with want of skill, and its employment of force has weakened instead of strengthening it.

I will not go farther; I have said enough to show in what system of government the Restoration seemed to me born, and how, in trying to leave it, it would lose its advantages without acquiring those of a different system. It cannot strengthen itself more by judicial rigour than by conquests. If fear ever became the machinery of its power--if, in order to maintain itself, it was necessary to terrify the interests, opinions, and sentiments it suspected--the more pressing would be the need, the more useless would be the weapon, and the danger would increase with the necessity. Our government, then, can still less than other governments rely upon the indirect efficacy of capital punishment. Rarely simple, and often in the complication of its effects more hurtful than profitable, this means would carry into the present régime more trouble than security. No one in France or in Europe will ever think that the Restoration is called upon to crush all it may fear. It has not been able to give such proofs of its physical force, that the minds of men submit as a matter of course to its frequent use. When it strikes, many people are tempted to believe it more severe than just, or more in danger than it is in reality, and its strokes awaken less the idea of its energy than of its danger. More than one government, after great severities, has been considered still weak; and in such case it finds itself in the worst of conditions--that of a power whose weakness provokes conspiracy, and which tries afterwards to fill up, by means of punishments, the abysses which that weakness has opened. The reason is, that force must exist before it pretends to inspire fear; and in the case of the Restoration, the sources of force must be sought for elsewhere than in the means of terror. I repeat that power itself has now an instinct of this; for it has not, while administering death-punishment, that confidence, that certainty of success, which is almost its only guarantee. It causes, yet fears the sentiments this melancholy spectacle may excite, without feeling assured of the terror it wishes to inspire; and this instinct is not a mistake, but the voice of nature. It is bound to moderation in punishment, just as in its exterior relations it is bound to peace. The Charter has abolished confiscation, and the Restoration justly honours the Charter. I do not demand the abolition of capital punishment; but I am convinced that, against its enemies, government gains nothing by this agent, and would gain much by showing itself very niggardly in its use. {285} It can no longer have a physical and direct efficacy. Its moral efficacy is not so great in political as in private offences; it is powerless in inspiring aversion to crime; it is equivocal and mixed with the most various results when tending to the propagation of fear; and it is more feeble, more uncertain, and more perilous to the present government than to powers of a different origin and position. Is this enough? It would be well were this all. But many other reasons, and many more dangers, suggest themselves; and these I shall proceed to indicate.