Chapter 20

This officer having attempted, with great gallantry, to cut out a vessel from one of the enemy's harbours, was taken after an obstinate resistance, such as obtained him the marked respect of those who were witnesses of his valour, and knew the circumstances in which it was displayed. Upon his arrival at Paris, he was instantly thrown into prison; where the nature of his situation will best be understood, by knowing, that amongst its MITIGATIONS, was the permission to walk occasionally in the court, and to enjoy the privilege of shaving himself. On the old system of feelings and principles, his sufferings might have been entitled to consideration, and even in a comparison with those of citizen La Fayette, to a priority in the order of compassion. If the ministers had neglected to take any steps in his favour, a declaration of the sense of the House of Commons would have stimulated them to their duty. If they had caused a representation to be made, such a proceeding would have added force to it. If reprisal should be thought advisable, the address of the House would have given an additional sanction to a measure which would have been, indeed, justifiable without any other sanction than its own reason. But, no. Nothing at all like it. In fact, the merit of Sir Sydney Smith, and his claim on British compassion, was of a kind altogether different from that which interested so deeply the authors of the motion in favour of citizen La Fayette. In my humble opinion, Captain Sir Sydney Smith has another sort of merit with the British nation, and something of a higher claim on British humanity, than citizen La Fayette. Faithful, zealous, and ardent, in the service of his king and country; full of spirit; full of resources; going out of the beaten road, but going right, because his uncommon enterprise was not conducted by a vulgar judgment;--in his profession, Sir Sydney Smith might be considered as a distinguished person, if any person could well be distinguished in a service in which scarcely a commander can be named without putting you in mind of some action of intrepidity, skill, and vigilance, that has given them a fair title to contend with any men, and in any age. But I will say nothing farther of the merits of Sir Sydney Smith: the mortal animosity of the regicide enemy supersedes all other panegyric. Their hatred is a judgment in his favour without appeal. At present he is lodged in the tower of the Temple, the last prison of Louis the Sixteenth, and the last but one of Maria Antonietta of Austria; the prison of Louis the Seventeenth; the prison of Elizabeth of Bourbon. There he lies, unpitied by the grand philanthropy, to meditate upon the fate of those who are faithful to their king and country. Whilst this prisoner, secluded from intercourse, was indulging in these cheering reflections, he might possibly have had the further consolation of learning (by means of the insolent exultation of his guards), that there was an English ambassador at Paris; he might have had the proud comfort of hearing, that this ambassador had the honour of passing his mornings in respectful attendance at the office of a regicide pettifogger; and that in the evening he relaxed in the amusements of the opera, and in the spectacle of an audience totally new; an audience in which he had the pleasure of seeing about him not a single face that he could formerly have known in Paris; but in the place of that company, one indeed more than equal to it in display of gaiety, splendour, and luxury; a set of abandoned wretches, squandering in insolent riot the spoils of their bleeding country. A subject of profound reflection both to the prisoner and to the ambassador.

A MORAL DISTINCTION.

I think we might have found, before the rude hand of insolent office was on our shoulder, and the staff of usurped authority brandished over our heads, that contempt of the suppliant is not the best forwarder of a suit; that national disgrace is not the high road to security, much less to power and greatness. Patience, indeed, strongly indicates the love of peace; but mere love does not always lead to enjoyment. It is the power of winning that palm which ensures our wearing it. Virtues have their place; and out of their place they hardly deserve the name. They pass into the neighbouring vice. The patience of fortitude and the endurance of pusillanimity are things very different, as in their principle, so in their effects.

INFIDELS AND THEIR POLICY.

In the revolution of France two sorts of men were principally concerned in giving a character and determination to its pursuits: the philosophers and the politicians. They took different ways, but they met in the same end. The philosophers had one predominant object, which they pursued with a fanatical fury; that is, the utter extirpation of religion. To that every question of empire was subordinate. They had rather domineer in a parish of atheists than rule over a Christian world. Their temporal ambition was wholly subservient to their proselytizing spirit, in which they were not exceeded by Mahomet himself. They who have made but superficial studies in the natural history of the human mind, have been taught to look on religious opinions as the only cause of enthusiastic zeal and sectarian propagation. But there is no doctrine whatever, on which men can warm, that is not capable of the very same effect. The social nature of man impels him to propagate his principles, as much as physical impulses urge him to propagate his kind. The passions give zeal and vehemence. The understanding bestows design and system. The whole man moves under the discipline of his opinions. Religion is among the most powerful causes of enthusiasm. When anything concerning it becomes an object of much meditation, it cannot be indifferent to the mind. They who do not love religion, hate it. The rebels to God perfectly abhor the author of their being. They hate him "with all their heart, with all their mind, with all their soul, and with all their strength." He never presents himself to their thoughts, but to menace and alarm them. They cannot strike the sun out of heaven, but they are able to raise a smouldering smoke that obscures him from their own eyes. Not being able to revenge themselves on God, they have a delight in vicariously defacing, degrading, torturing, and tearing in pieces his image in man. Let no one judge of them by what he has conceived of them, when they were not incorporated, and had no lead. They were then only passengers in a common vehicle. They were then carried along with the general motion of religion in the community, and, without being aware of it, partook of its influence. In that situation, at worst, their nature was left free to counter-work their principles. They despaired of giving any very general currency to their opinions. They considered them as a reserved privilege for the chosen few. But when the possibility of dominion, lead, and propagation, presented itself, and that the ambition, which before had so often made them hypocrites, might rather gain than lose by a daring avowal of their sentiments, then the nature of this infernal spirit, which has "evil for its good," appeared in its full perfection. Nothing indeed but the possession of some power can with any certainty discover what at the bottom is the true character of any man. Without reading the speeches of Vergniaud, Francian of Nantes, Isnard, and some others of that sort, it would not be easy to conceive the passion, rancour, and malice of their tongues and hearts. They worked themselves up to a perfect frenzy against religion and all its professors. They tore the reputation of the clergy to pieces by their infuriated declamations and invectives, before they lacerated their bodies by their massacres. This fanatical atheism left out, we omit the principal feature in the French revolution, and a principal consideration with regard to the effects to be expected from a peace with it.

The other sort of men were the politicians. To them, who had little or not at all reflected on the subject, religion was in itself no object of love or hatred. They disbelieved it, and that was all. Neutral with regard to that object, they took the side which in the present state of things might best answer their purposes. They soon found that they could not do without the philosophers; and the philosophers soon made them sensible that the destruction of religion was to supply them with means of conquest, first at home, and then abroad. The philosophers were the active internal agitators, and supplied the spirit and principles: the second gave the practical direction. Sometimes the one predominated in the composition, sometimes the other. The only difference between them was in the necessity of concealing the general design for a time, and in their dealing with foreign nations; the fanatics going straightforward and openly, the politicians by the surer mode of zigzag. In the course of events, this, among other causes, produced fierce and bloody contentions between them. But at the bottom they thoroughly agreed in all the objects of ambition and irreligion, and substantially in all the means of promoting these ends.

WHAT A MINISTER SHOULD ATTEMPT.

After such an elaborate display had been made of the injustice and insolence of an enemy, who seems to have been irritated by every one of the means which had been commonly used with effect to soothe the rage of intemperate power, the natural result would be, that the scabbard, in which we in vain attempted to plunge our sword, should have been thrown away with scorn. It would have been natural that, rising in the fulness of their might, insulted majesty, despised dignity, violated justice, rejected supplication, patience goaded into fury, would have poured out all the length of the reins upon all the wrath which they had so long restrained. It might have been expected that, emulous of the glory of the youthful hero in alliance with him, touched by the example of what one man, well formed and well placed, may do in the most desperate state of affairs, convinced there is a courage of the cabinet full as powerful, and far less vulgar than that of the field, our minister would have changed the whole line of that useless, prosperous prudence, which had hitherto produced all the effects of the blindest temerity. If he found his situation full of danger (and I do not deny that it is perilous in the extreme), he must feel that it is also full of glory; and that he is placed on a stage, than which no muse of fire that had ascended the highest heaven of invention could imagine anything more awful and august. It was hoped that, in this swelling scene in which he moved with some of the first potentates of Europe for his fellow-actors, and with so many of the rest for the anxious spectators of a part, which, as he plays it, determines for ever their destiny and his own, like Ulysses in the unravelling point of the epic story, he would have thrown off his patience and his rags together; and, stripped of unworthy disguises, he would have stood forth in the form and in the attitude of a hero. On that day it was thought he would have assumed the port of Mars; that he would bid to be brought forth from their hideous kennel (where his scrupulous tenderness had too long immured them) those impatient dogs of war, whose fierce regards affright even the minister of vengeance that feeds them; that he would let them loose, in famine, fever, plagues, and death, upon a guilty race, to whose frame, and to all whose habit, order, peace, religion, and virtue are alien and abhorrent. It was expected that he would at last have thought of active and effectual war; that he would no longer amuse the British lion in the chase of mice and rats; that he would no longer employ the whole naval power of Great Britain, once the terror of the world, to prey upon the miserable remains of a peddling commerce, which the enemy did not regard, and from which none could profit. It was expected that he would have re-asserted the justice of his cause; that he would have re-animated whatever remained to him of his allies, and endeavoured to recover those whom their fears had led astray; that he would have rekindled the martial ardour of his citizens; that he would have held out to them the example of their ancestry, the assertor of Europe, and the scourge of French ambition; that he would have reminded them of a posterity, which, if this nefarious robbery under the fraudulent name and false colour of a government, should in full power be seated in the heart of Europe, must for ever be consigned to vice, impiety, barbarism, and the most ignominious slavery of body and mind. In so holy a cause it was presumed that he would (as in the beginning of the war he did) have opened all the temples; and with prayer, with fasting, and with supplication (better directed than to the grim Moloch of regicide in France), have called upon us to raise that united cry which has so often stormed heaven, and with a pious violence forced down blessings upon a repentant people. It was hoped that when he had invoked upon his endeavours the favourable regard of the Protector of the human race, it would be seen that his menaces to the enemy, and his prayers to the Almighty, were not followed, but accompanied, with correspondent action. It was hoped that his shrilling trumpet should be heard, not to announce a show, but to sound a charge.

LAW OF VICINITY.

This violent breach in the community of Europe we must conclude to have been made (even if they had not expressly declared it over and over again) either to force mankind into an adoption of their system, or to live in perpetual enmity with a community the most potent we have ever known. Can any person imagine, that, in offering to mankind this desperate alternative, there is no indication of a hostile mind, because men in possession of the ruling authority are supposed to have a right to act without coercion in their own territories. As to the right of men to act anywhere according to their pleasure, without any moral tie, no such right exists. Men are never in a state of TOTAL independence of each other. It is not the condition of our nature: nor is it conceivable how any man can pursue a considerable course of action without its having some effect upon others; or, of course, without producing some degree of responsibility for his conduct. The SITUATIONS in which men relatively stand produce the rules and principles of that responsibility, and afford directions to prudence in exacting it. Distance of place does not extinguish the duties or the rights of men; but it often renders their exercise impracticable. The same circumstance of distance renders the noxious effects of an evil system in any community less pernicious. But there are situations where this difficulty does not occur; and in which, therefore, these duties are obligatory, and these rights are to be asserted. It has ever been the method of public jurists to draw a great part of the analogies, on which they form the law of nations, from the principles of law which prevail in civil community. Civil laws are not all of them merely positive. Those, which are rather conclusions of legal reason than matters of statutable provision, belong to universal equity, and are universally applicable. Almost the whole praetorian law is such. There is a "Law of Neighbourhood" which does not leave a man perfectly master on his own ground. When a neighbour sees a NEW ERECTION, in the nature of a nuisance, set up at his door, he has a right to represent it to the judge; who, on his part, has a right to order the work to be stayed; or, if established, to be removed. On this head the parent law is express and clear, and has made many wise provisions, which, without destroying, regulate and restrain the right of OWNERSHIP, by the right of VICINAGE. No INNOVATION is permitted that may redound, even secondarily, to the prejudice of a neighbour. The whole doctrine of that important head of praetorian law, "De novi operis nunciatione," is founded on the principle, that no NEW use should be made of a man's private liberty of operating upon his private property, from whence a detriment may be justly apprehended by his neighbour. This law of denunciation is prospective. It is to anticipate what is called damnum infectum, or damnum nondum factum, that is, a damage justly apprehended, but not actually done. Even before it is clearly known whether the innovation be damageable or not, the judge is competent to issue a prohibition to innovate, until the point can be determined. This prompt interference is grounded on principles favourable to both parties. It is preventive of mischief difficult to be repaired, and of ill blood difficult to be softened. The rule of law, therefore, which comes before the evil, is amongst the very best parts of equity, and justifies the promptness of the remedy; because, as it is well observed, Res damni infecti celeritatem desiderat, et periculosa est dilatio. This right of denunciation does not hold, when things continue, however inconveniently to the neighbourhood, according to the ANCIENT mode. For there is a sort of presumption against novelty, drawn out of a deep consideration of human nature, and human affairs; and the maxim of jurisprudence is well laid down, Vetustas pro lege semper habetur.

Such is the law of civil vicinity. Now where there is no constituted judge, as between independent states there is not, the vicinage itself is the natural judge. It is, preventively, the assertor of its own rights, or remedially, their avenger. Neighbours are presumed to take cognizance of each other's acts. "Vicini vicinorum facta praesumuntur scire." This principle, which, like the rest, is as true of nations as of individual men, has bestowed on the grand vicinage of Europe a duty to know, and a right to prevent, any capital innovation which may amount to the erection of a dangerous nuisance.

EUROPEAN COMMUNITY.

The operation of dangerous and delusive first principles obliges us to have recourse to the true ones. In the intercourse between nations, we are apt to rely too much on the instrumental part. We lay too much weight upon the formality of treaties and compacts. We do not act much more wisely when we trust to the interests of men as guarantees of their engagements. The interests frequently tear to pieces the engagements; and the passions trample upon both. Entirely to trust to either, is to disregard our own safety, or not to know mankind. Men are not tied to one another by papers and seals. They are led to associate by resemblances, by conformities, by sympathies. It is with nations as with individuals. Nothing is so strong a tie of amity between nation and nation as correspondence in laws, customs, manners, and habits of life. They have more than the force of treaties in themselves. They are obligations written in the heart. They approximate men to men, without their knowledge, and sometimes against their intentions. The secret, unseen, but irrefragable bond of habitual intercourse holds them together, even when their perverse and litigious nature sets them to equivocate, scuffle, and fight, about the terms of their written obligations. As to war, if it be the means of wrong and violence, it is the sole means of justice amongst nations. Nothing can banish it from the world. They who say otherwise, intending to impose upon us, do not impose upon themselves. But it is one of the greatest objects of human wisdom to mitigate those evils which we are unable to remove. The conformity and analogy of which I speak, incapable, like everything else, of preserving perfect trust and tranquillity among men, has a strong tendency to facilitate accommodation, and to produce a generous oblivion of the rancour of their quarrels. With this similitude, peace is more of peace, and war is less of war. I will go further. There have been periods of time in which communities, apparently in peace with each other, have been more perfectly separated than, in latter times, many nations in Europe have been in the course of long and bloody wars. The cause must be sought in the similitude throughout Europe of religion, laws, and manners. At bottom, these are all the same. The writers on public law have often called this AGGREGATE of nations a commonwealth. They had reason. It is virtually one great state having the same basis of general law, with some diversity of provincial customs and local establishments. The nations of Europe have had the very same Christian religion, agreeing in the fundamental parts, varying a little in the ceremonies and in the subordinate doctrines. The whole of the polity and economy of every country in Europe has been derived from the same sources. It was drawn from the old Germanic or Gothic custumary, from the feudal institutions which must be considered as an emanation from that custumary; and the whole has been improved and digested into system and discipline by the Roman law. From hence arose the several orders, with or without a monarch (which are called states), in every European country; the strong traces of which, where monarchy predominated, were never wholly extinguished or merged in despotism. In the few places where monarchy was cast off, the spirit of European monarchy was still left. Those countries still continued countries of states; that is, of classes, orders, and distinctions such as had before subsisted, or nearly so. Indeed, the force and form of the institution called states continued in greater perfection in those republican communities than under monarchies. From all those sources arose a system of manners and of education which was nearly similar in all this quarter of the globe; and which softened, blended, and harmonized the colours of the whole.

PERILS OF JACOBIN PEACE.