Chapter 40

According to their invariable course, the framers of your constitution have begun with the outer abolition of the parliaments. These venerable bodies, like the rest of the old government, stood in need of reform, even though there should be no change made in the monarchy. They required several more alterations to adapt them to the system of a free constitution. But they had particulars in their constitution, and those not a few, which deserved approbation from the wise. They possessed one fundamental excellence,--they were independent. The most doubtful circumstance attendant on their office, that of its being vendible, contributed however to this independency of character. They held for life. Indeed they may be said to have held by inheritance. Appointed by the monarch, they were considered as nearly out of his power. The most determined exertions of that authority against them only showed their radical independence. They composed permanent bodies politic, constituted to resist arbitrary innovation; and from that corporate constitution, and from most of their forms, they were well calculated to afford both certainty and stability to the laws. They had been a safe asylum to secure these laws, in all the revolutions of humour and opinion. They had saved that sacred deposit of the country during the reigns of arbitrary princes, and the struggles of arbitrary factions. They kept alive the memory and record of the constitution. They were the great security to private property; which might be said (when personal liberty had no existence) to be, in fact, as well guarded in France as in any other country. Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only not to depend upon it, but in some sort to balance it. It ought to give a security to its justice against its power. It ought to make its judicature, as it were, something exterior to the state. These parliaments had furnished, not the best certainly, but some considerable corrective to the excesses and vices of the monarchy. Such an independent judicature was ten times more necessary when a democracy became the absolute power of the country. In that constitution, elective, temporary, local judges, such as you have contrived, exercising their dependent functions in a narrow society, must be the worst of all tribunals. In them it will be vain to look for any appearance of justice towards strangers, towards the obnoxious rich, towards the minority of routed parties, towards all those who in the election have supported unsuccessful candidates. It will be impossible to keep the new tribunals clear of the worst spirit of faction. All contrivances by ballot we know experimentally to be vain and childish to prevent a discovery of inclinations. Where they may the best answer the purposes of concealment, they answer to produce suspicion; and this is a still more mischievous cause of partiality.

If the parliaments had been preserved, instead of being dissolved at so ruinous a change to the nation, they might have served in this new commonwealth, perhaps not precisely the same (I do not mean an exact parallel), but nearly the same, purposes as the court and senate of Areopagus did in Athens; that is, as one of the balances and correctives to the evils of a light and unjust democracy. Every one knows that this tribunal was the great stay of that state; every one knows with what a care it was upheld, and with what a religious awe it was consecrated. The parliaments were not wholly free from faction, I admit; but this evil was exterior and accidental, and not so much the vice of their constitution itself, as it must be in your new contrivance of sexennial elective judicatories. Several English commend the abolition of the old tribunals, as supposing that they determined everything by bribery and corruption. But they have stood the test of monarchic and republican scrutiny. The court was well disposed to prove corruption on those bodies when they were dissolved in 1771.--Those who have again dissolved them would have done the same if they could--but both inquisitions having failed, I conclude, that gross pecuniary corruption must have been rather rare amongst them.

It would have been prudent, along with the parliaments, to preserve their ancient power of registering, and of remonstrating at least, upon all the decrees of the National Assembly, as they did upon those which passed in the time of the monarchy. It would be a means of squaring the occasional decrees of a democracy to some principles of general jurisprudence. The vice of the ancient democracies, and one cause of their ruin, was, that they ruled, as you do, by occasional decrees,--psephismata. This practice soon broke in upon the tenor and consistency of the laws; it abated the respect of the people towards them; and totally destroyed them in the end.

Your vesting the power of remonstrance, which, in the time of the monarchy, existed in the parliament of Paris, in your principal executive officer, whom, in spite of common sense, you persevere in calling king, is the height of absurdity. You ought never to suffer remonstrance from him who is to execute. This is to understand neither counsel nor execution; neither authority nor obedience. The person whom you call king, ought not to have this power, or he ought to have more.

CROMWELL AND HIS CONTRASTS.

Cromwell, when he attempted to legalize his power, and to settle his conquered country in a state of order, did not look for dispensers of justice in the instruments of his usurpation. Quite the contrary. He sought out, with great solicitude and selection, and even from the party most opposite to his designs, men of weight and decorum of character; men unstained with the violence of the times, and with hands not fouled with confiscation and sacrilege: for he chose an HALE for his chief justice, though he absolutely refused to take his civic oaths, or to make any acknowledgment whatsoever of the legality of his government. Cromwell told this great lawyer, that since he did not approve his title, all he required of him was, to administer, in a manner agreeable to his pure sentiments and unspotted character, that justice without which human society cannot subsist: that it was not his particular government, but civil order itself, which, as a judge, he wished him to support. Cromwell knew how to separate the institutions expedient to his usurpation from the administration of the public justice of his country. For Cromwell was a man in whom ambition had not wholly suppressed, but only suspended, the sentiments of religion, and the love (as far as it could consist with his designs) of fair and honourable reputation. Accordingly, we are indebted to this act of his for the preservation of our laws, which some senseless assertors of the rights of men were then on the point of entirely erasing, as relics of feudality and barbarism. Besides, he gave in the appointment of that man, to that age, and to all posterity, the most brilliant example of sincere and fervent piety, exact justice, and profound jurisprudence. (See Burnet's Life of Hale.) But these are not the things in which your philosophic usurpers choose to follow Cromwell.

One would think, that after an honest and necessary revolution (if they had a mind that theirs should pass for such) your masters would have imitated the virtuous policy of those who have been at the head of revolutions of that glorious character. Burnet tells us, that nothing tended to reconcile the English nation to the government of King William so much as the care he took to fill the vacant bishoprics with men who had attracted the public esteem by their learning, eloquence, and piety, and, above all, by their known moderation in the state. With you, in your purifying revolution, whom have you chosen to regulate the church? Mr. Mirabeau is a fine speaker--and a fine writer,--and a fine--a very fine man;--but really nothing gave more surprise to everybody here, than to find him the supreme head of your ecclesiastical affairs. The rest is of course. Your Assembly addresses a manifesto to France, in which they tell the people, with an insulting irony, that they have brought the church to its primitive condition. In one respect their declaration is undoubtedly true; for they have brought it to a state of poverty and persecution. What can be hoped for after this? Have not men (if they deserve the name), under this new hope and head of the church, been made bishops for no other merit than having acted as instruments of atheists; for no other merit than having thrown the children's bread to dogs; and in order to gorge the whole gang of usurers, pedlars, and itinerant Jew-discounters at the corners of streets, starved the poor of their Christian flocks, and their own brother pastors? Have not such men been made bishops to administer in temples, in which (if the patriotic donations have not already stripped them of their vessels) the churchwardens ought to take security for the altar-plate, and not so much as to trust the chalice in their sacrilegious hands, so long as Jews have assignats on ecclesiastic plunder, to exchange for the silver stolen from churches?

DELICACY.

An air of robustness and strength is very prejudicial to beauty. An appearance of DELICACY, and even of fragility, is almost essential to it. Whoever examines the vegetable or animal creation will find this observation to be founded in nature. It is not the oak, the ash, or the elm, or any of the robust trees of the forest, which we consider as beautiful; they are awful and majestic; their inspire a sort of reverence. It is the delicate myrtle, it is the orange, it is the almond, it is the jasmine, it is the vine, which we look on as vegetable beauties. It is the flowery species, so remarkable for its weakness and momentary duration, that gives us the liveliest idea of beauty and elegance. Among animals, the greyhound is more beautiful than the mastiff; and the delicacy of a gennet, a barb, or an Arabian horse, is much more amiable than the strength and stability of some horses of war or carriage. I need here say little of the fair sex, where I believe the point will be easily allowed me. The beauty of women is considerably owing to their weakness or delicacy, and is even enhanced by their timidity, a quality of mind analogous to it. I would not here be understood to say, that weakness betraying very bad health has any share in beauty; but the ill effect of this is not because it is weakness, but because the ill state of health, which produces such weakness, alters the other conditions of beauty; the parts in such a case collapse; the bright colour,--the lumen purpureum juventae, is gone; and the fine variation is lost in wrinkles, sudden breaks, and right lines.

CONFISCATION AND CURRENCY.

As to the operation of the first (the confiscation and paper currency) merely as a cement, I cannot deny that these, the one depending on the other, may for some time compose some sort of cement, if their madness and folly in the management, and in the tempering of the parts together, does not produce a repulsion in the very outset. But allowing to the scheme some coherence and some duration, it appears to me, that if, after a while, the confiscation should not be found sufficient to support the paper coinage (as I am morally certain it will not), then, instead of cementing, it will add infinitely to the dissociation, distraction, and confusion of these confederate republics, both with relation to each other, and to the several parts within themselves. But if the confiscation should so far succeed as to sink the paper currency, the cement is gone with the circulation. In the mean time its binding force will be very uncertain, and it will straiten or relax with every variation in the credit of the paper.

One thing only is certain in this scheme, which is an effect seemingly collateral, but direct, I have no doubt, in the minds of those who conduct this business, that is, its effect in producing an OLIGARCHY in every one of the republics. A paper circulation, not founded on any real money deposited or engaged for, amounting already to four-and-forty millions of English money, and this currency by force substituted in the place of the coin of the kingdom, becoming thereby the substance of its revenue, as well as the medium of all its commercial and civil intercourse, must put the whole of what power, authority, and influence, is left, in any form whatsoever it may assume, into the hands of the managers and conductors of this circulation.

In England we feel the influence of the bank; though it is only the centre of a voluntary dealing. He knows little indeed of the influence of money upon mankind, who does not see the force of the management of a monied concern, which is so much more extensive, and in its nature so much more depending on the managers than any of ours. But this is not merely a money concern. There is another member in the system inseparably connected with this money management. It consists in the means of drawing out at discretion portions of the confiscated lands for sale; and carrying on a process of continual transmutation of paper into land, and of land into paper. When we follow this process in its effects, we may conceive something of the intensity of the force with which this system must operate. By this means the spirit of money-jobbing and speculation goes into the mass of land itself, and incorporates with it. By this kind of operation, that species of property becomes (as it were) volatilized; it assumes an unnatural and monstrous activity, and thereby throws into the hands of the several managers, principal and subordinate, Parisian and provincial, all the representative of money, and perhaps a full tenth part of all the land in France, which has now acquired the worst and most pernicious part of the evil of a paper circulation,--the greatest possible uncertainty in its value. They have reversed the Latonian kindness to the landed property of Delos. They have sent theirs to be blown about, like the light fragments of a wreck, oras et littora circum.

The new dealers, being all habitually adventurers, and without any fixed habits or local predilections, will purchase to job out again, as the market of paper, or of money, or of land, shall present an advantage. For though a holy bishop thinks that agriculture will derive great advantage from the "ENLIGHTENED" usurers who are to purchase the church confiscations, I, who am not a good, but an old farmer, with great humility beg leave to tell his late lordship, that usury is not tutor of agriculture; and if the word "enlightened" be understood according to the new dictionary, as it always is in your new schools, I cannot conceive how a man's not believing in God can teach him to cultivate the earth with the least of any additional skill or encouragement. "Diis immortalibus sero," said an old Roman, when he held one handle of the plough, whilst Death held the other. Though you were to join in the commission all the directors of the two academies to the directors of the Caisse d'Escompte, an old experienced peasant is worth them all. I have got more information upon a curious and interesting branch of husbandry, in one short conversation with an old Carthusian monk, than I have derived from all the Bank directors that I have ever conversed with. However, there is no cause for apprehension from the meddling of money-dealers with rural economy. These gentlemen are too wise in their generation. At first, perhaps, their tender and susceptible imaginations may be captivated with the innocent and unprofitable delights of a pastoral life; but in a little time they will find that agriculture is a trade much more laborious, and much less lucrative, than that which they had left. After making its panegyric, they will turn their backs on it like their great precursor and prototype. They may, like him, begin by singing "Beatus ille"--but what will be the end?

"Haec ubi locutus foenerator Alphius, Jamjam futurus rusticus Omnem relegit Idibus pecuniam; Quaerit Calendis ponere."

They will cultivate the Caisse d'Eglise, under the sacred auspices of this prelate, with much more profit than its vineyards and its corn-fields. They will employ their talents according to their habits and their interests. They will not follow the plough whilst they can direct treasuries, and govern provinces.

Your legislators, in everything new, are the very first who have founded a commonwealth upon gaming, and infused this spirit into it, as its vital breath. The great object in these politics is to metamorphose France from a great kingdom into one great play-table: to turn its inhabitants into a nation of gamesters; to make speculation as extensive as life; to mix it with all its concerns; and to divert the whole of the hopes and fears of the people from their usual channels into the impulses, passions, and superstitions of those who live on chances. They loudly proclaim their opinion, that this their present system of a republic cannot possibly exist without this kind of gaming fund; and that the very thread of its life is spun out of the staple of these speculations. The old gaming in funds was mischievous enough undoubtedly; but it was so only to individuals. Even when it had its greatest extent in the Mississippi and South Sea, it affected but few, comparatively; where it extends further, as in lotteries, the spirit has but a single object. But where the law, which in most circumstances forbids, and in none countenances, gaming, is itself debauched, so as to reverse its nature and policy, and expressly to force the subject to this destructive table, by bringing the spirit and symbols of gaming into the minutest matters, and engaging everybody in it, and in everything, a more dreadful epidemic distemper of that kind is spread than yet has appeared in the world. With you a man can neither earn nor buy his dinner without a speculation. What he receives in the morning will not have the same value at night. What he is compelled to take as pay for an old debt will not be received as the same when he comes to pay a debt contracted by himself; nor will it be the same when by prompt payment he would avoid contracting any debt at all. Industry must wither away. Economy must be driven from your country. Careful provision will have no existence. Who will labour without knowing the amount of his pay? Who will study to increase what none can estimate? Who will accumulate, when he does not know the value of what he saves? If you abstract it from its uses in gaming, to accumulate your paper wealth, would be not the providence of a man, but the distempered instinct of a jackdaw.

"OMNIPOTENCE OF CHURCH PLUNDER."

Their fanatical confidence in the omnipotence of church plunder has induced these philosophers to overlook all care of the public estate, just as the dream of the philosopher's stone induces dupes, under the more plausible delusion of the hermetic art, to neglect all rational means of improving their fortunes. With these philosophic financiers, this universal medicine made of church mummy is to cure all the evils of the state. These gentlemen, perhaps, do not believe a great deal in the miracles of piety; but it cannot be questioned, that they have an undoubting faith in the prodigies of sacrilege. Is there a debt which presses them?--Issue assignats. Are compensations to be made, or a maintenance decreed to those whom they have robbed of their freehold in their office, or expelled from their profession?--Assignats. Is a fleet to be fitted out?--Assignats. If sixteen millions sterling of these assignats, forced on the people, leave the wants of the state as urgent as ever--issue, says one, thirty millions sterling of assignats--says another, issue fourscore millions more of assignats. The only difference among their financial factions is on the greater or the lesser quantity of assignats to be imposed on the public sufferance. They are all professors of assignats. Even those, whose natural good sense and knowledge of commerce, not obliterated by philosophy, furnish decisive arguments against this delusion conclude their arguments by proposing the emission of assignats. I suppose they must talk of assignats, as no other language would be understood. All experience of their inefficacy does not in the least discourage them. Are the old assignats depreciated at market? What is the remedy? Issue new assignats.--Mais si maladia opiniatria, non vult se garire, quid illi facere? assignare--postea assignare; ensuita assignare. The word is a trifle altered. The Latin of your present doctors may be better than that of your old comedy; their wisdom and the variety of their resources are the same. They have not more notes in their song than the cuckoo; though, far from the softness of that harbinger of summer and plenty, their voice is as harsh and as ominous as that of the raven.

UGLINESS.

It may, perhaps, appear like a sort of repetition of what we have before said, to insist here upon the nature of UGLINESS; as I imagine it to be in all respects the opposite to those qualities which we have laid down for the constituents of beauty. But though ugliness be the opposite to beauty, it is not the opposite to proportion and fitness. For it is possible that a thing may be very ugly with any proportions, and with a perfect fitness to any uses. Ugliness I imagine likewise to be consistent enough with an idea of the sublime. But I would by no means insinuate that ugliness of itself is a sublime idea, unless united with such qualities as excite a strong terror.

GRACE.

GRACEFULNESS is an idea not very different from beauty; it consists in much the same things. Gracefulness is an idea belonging to POSTURE and MOTION. In both these, to be graceful, it is requisite that there be no appearance of difficulty; there is required a small inflection of the body; and a composure of the parts in such a manner, as not to encumber each other, not to appear divided by sharp and sudden angles. In this ease, this roundness, this delicacy of attitude and motion, it is that all the magic of grace consists, and what is called its je ne sais quoi; as will be obvious to any observer, who considers attentively the Venus de Medicis, the Antinous, or any statue generally allowed to be graceful in a high degree.

ELEGANCE AND SPECIOUSNESS.

When any body is composed of parts smooth and polished, without pressing upon each other, without showing any ruggedness or confusion, and at the same time affecting some REGULAR SHAPE, I call it ELEGANT. It is closely allied to the beautiful, differing from it only in this REGULARITY; which, however, as it makes a very material difference in the affection produced, may very well constitute another species. Under this head I rank those delicate and regular works of art, that imitate no determinate object in nature, as elegant buildings, and pieces of furniture. When any object partakes of the above-mentioned qualities, are of those of beautiful bodies, and is withal of great dimensions, it is full as remote from the idea of mere beauty: I call it FINE or SPECIOUS.

THE BEAUTIFUL IN FEELING.