Chapter 22

You are in the last crisis of nations. To be free or to be slaves--that is the question of the hour. By every obligation of man or States it behooves you in this extremity to conquer-as your devotion to the gods and your concord among yourselves encourage you to hope--or to bear all things but slavery. Other nations may bend to servitude; the birthright and the distinction of the people of Rome is liberty. Cicero.

CXLIX.

EXTRACT FROM DEMOSTHENES.

Yes, Athenians, I repeat it, you yourselves are the contrivers of your own ruin. Lives there a man who has confidence enough to deny it? Let him arise, and assign, if he can, any other cause of the success and prosperity of Philip. "But," you reply, "what Athens may have lost in reputation abroad, she has gained in splendor at home. Was there ever a greater appearance of prosperity? a greater face of plenty? Is not the city enlarged? Are not the streets better paved, houses repaired and beautified?" Away with such trifles! Shall I be paid with counters? An old square new vamped up! a fountain! an aqueduct! are these acquisitions to brag of? Cast your eye upon the magistrate under whose ministry you boast these precious improvements. Behold the despicable creature, raised all at once from dirt to opulence; from the lowest obscurity to the highest honors. Have not some of these upstarts built private houses and seats, vying with the most sumptuous of our public palaces? And how have their fortunes and their power increased, but as the commonwealth has been ruined and impoverished?

To what are we to impute these disorders, and to what cause assign the decay of a State so powerful and flourishing in past times? The reason is plain. The servant is now become the master. The magistrate was then subservient to the people: all honors, dignities, and preferments, were disposed by the voice and favor of the people; but the magistrate, now, has usurped the right of the people, and exercises an arbitrary authority over his ancient and natural lord. You, miserable people! the meanwhile, without money, without friends,--from being the ruler, are become the servant; from being the master, the dependent: happy that these governors, into whose hands you have thus resigned your own power, are so good and so gracious as to continue your poor allowance to see plays.

Believe me, Athenians, if, recovering from this lethargy, you would assume the ancient spirit and freedom of your fathers if you would be your own soldiers and own commanders, confiding no longer your affairs in foreign or mercenary hands--if you would charge yourselves with your own defense, employing abroad, for the public, what you waste in unprofitable pleasures at home, the world might once more behold you making a figure worthy of Athenians. "You would have us, then, (you say,) do service in our armies in our own persons; and, for so doing, you would have the pensions we receive in time of peace, accepted as pay in time of war. Is it thus we are to understand you?" Yes, Athenians, 't is my plain meaning. I would make it a standing rule, that no person, great or little, should be the better for the public money, who would grudge to employ it for the public service. Are we in peace? the public is charged with your subsistence. Are we in war, or under a necessity, as at this time, to enter into a war? let your gratitude oblige you to accept, as pay in defence of your benefactors, what you receive, in peace, as mere bounty. Thus, without any innovation--without altering or abolishing anything but pernicious novelties, introduced for the encouragement of sloth and idleness--by converting only for the future, the same funds, for the use of the serviceable, which are spent, at present, upon the unprofitable, you may be well served in your armies--your troops regularly paid--justice duly administered--the public revenues reformed and increased--and every member of the commonwealth rendered useful to his country according to his age and ability without any further burden to the State.

This, O men of Athens, is what my duty prompted me to represent to you upon this occasion.--May the gods inspire you to determine upon such measures, as may be most expedient, for the particular and general good of our country!

CL.

EXTRACT FROM DEMOSTHENES ON THE CROWN.

Athens never was once known to live in a slavish, though a secure obedience to unjust and arbitrary power. No; our whole history is one series of noble contests for preëminence; the whole period of our existence hath been spent in braving dangers, for the sake of glory and renown. And so highly do you esteem such conduct, so consonant to the Athenian character that those of your ancestors who were most distinguished in the pursuit of it, are ever the most favorite objects of your praise--and with reason. For who can reflect without astonishment upon the magnanimity of those men, who resigned their lands, gave up their city and embarked in their ships, to avoid the odious state of subjection?--who chose Themistocle, the adviser of this conduct, to command their forces and, when Cyrsilus proposed that they should yield to the terms prescribed, stoned him to death? Nay the public indignation was not yet allayed. Your very wives inflicted the same vengeance on his wife. For the Athenians of that day looked out for no speaker, no general to procure them a state of prosperous slavery. They had the spirit to reject even life, unless they were allowed to enjoy that life in freedom. Should I then attempt to assert that it was I who inspired you with sentiments worthy of your ancestors, I should meet the just resentment of every hearer. No; it is my point to show, that such sentiments are properly your own--that they were the sentiments of my country, long before my days. I claim but my share of merit, in having acted on such principles, in every part of my administration. He, then, who condemns every part of my administration, he who directs you to treat me with severity, as one who hath involved the State in terrors and dangers, while he labors to deprive me of present honor, robs you of the applause of all posterity. For, if you now pronounce, that, as my public conduct hath not been right, Ctesiphon must stand condemned it must be thought that you yourselves have acted wrong, not that you owe your present state to the caprice of fortune. But it cannot be! No, my countrymen! it cannot be you have acted wrong, in encountering danger bravely, for the liberty and the safety of all Greece. No! by those generous souls of ancient times, who were exposed at Marathon! By those who stood arrayed at Platæa! By those who encountered the Persian fleet at Salamis! Who fought at Artemisium! No! by all those illustrious sons of Athens, whose remains lie deposited in the public monuments.

CLI.

QUEEN ELIZABETH.

The reign of Queen Elizabeth may be considered as the opening of the modern history of England, especially in its connection with the modern system of Europe, which began about that time to assume the form that it preserved till the French Revolution. It was a very memorable period, of which the maxims ought to be engraven on the head and heart of every Englishman. Philip the Second, at the head of the greatest empire then in the world openly was aiming at universal domination. To the most extensive and opulent dominions, the most numerous and disciplined armies, the most renowned captains, the greatest revenue, he added also the most formidable power over opinion. Elizabeth was among the first objects of his hostility. That wise and magnanimous princess placed herself in the front of the battle for the liberties of Europe. Though she had to contend at home with his fanatical faction, which almost occupied Ireland, which divided Scotland, and was not of contemptible strength in England, she aided the oppressed inhabitants of the Netherlands in their just and glorious resistance to his tyranny; she aided Henry the Great in suppressing the abominable rebellion which anarchical principles had excited and Spanish arms had supported in France, and after a long reign of various fortune, in which she preserved her unconquered spirit through great calamities and still greater dangers, she at length broke the strength of the enemy, and reduced his power within such limits as to be compatible with the safety of England and of all Europe. Her great heart inspired her with a higher and a nobler wisdom--which disdained to appeal to the low and sordid passions of her people even for the protection of their low and sordid interests, because she knew, or, rather, she felt that there are effeminate, creeping, cowardly, short-sighted passions, which shrink from conflict, even in defence of their own mean objects. In a righteous cause she roused those generous affections of her people, which alone teach boldness, constancy, and foresight, and which are therefore the only safe guardians of the lowest as well as the highest interests of a nation. In her memorable address to the army, when the invasion of her kingdom was threatened by Spain, this woman of heroic spirit disdained to speak to them of their ease and their commerce, and their wealth and their safety. No! She touched another chord--she spoke of their national honor, of their dignity as Englishmen, of "the foul scorn that Parma or Spain should dare to invade the borders of her realms." She breathed into them those grand and powerful sentiments, which exalt vulgar men into heroes which led them into the battle of their country armed with holy and irresistible enthusiasm; which ever cover with their shield all the ignoble interests that base calculation, and cowardly selfishness tremble to hazard, but shrink from defending. J. Mackintosh.

CLII.

THE FREE PRESS.

Gentlemen, there is one point of view in which this case seems to merit your most serious attention. The real prosecutor is the master of the greatest empire the world ever saw; the defendant is a defenseless, proscribed exile. I consider this case, therefore, as the first of a long series of conflicts between the greatest power in the world and the only Free Press remaining in Europe. Gentlemen, this distinction of the English Press is new--it is a proud and melancholy distinction. Before the great earthquake of the French Revolution had swallowed up all the asylums of free discussion on the Continent, we enjoyed that privilege, indeed, more fully than others; but we did not enjoy it exclusively. It existed, in fact, where it was not protected by law; and the wise and generous connivance of governments was daily more and more secured by the growing civilization of their subjects. In Holland, in Switzerland, in the imperial towns of Germany, the press was either legally or practically free. Holland and Switzerland are no more; and, since the commencement of this prosecution, fifty imperial towns have been erased from the list of independent States by one dash of the pen. Three or four still preserve a precarious and trembling existence. I will not say by what compliances they must purchase its continuance. I will not insult the feebleness of States, whose unmerited fall I do most bitterly deplore.

One asylum of free discussion is still inviolate. There is still one spot in Europe where man can fully exercise his reason on the most important concerns of society, where he can boldly publish his judgment on the acts of the proudest and most powerful tyrants. The Press of England is still free. It is guarded by the free Constitution of our forefathers. It is guarded by the hearts and arms of Englishmen; and, I trust I may venture to say that if it be to fall, it will fall only under the ruins of the British Empire. It is an awful consideration, gentlemen. Every other monument of European liberty has perished. That ancient fabric which has been gradually raised by the wisdom and virtues of our fathers still stands. It stands, thanks be to God! solid and entire--but it stands alone, and it stands amid ruins. Believing, then, as I do, that we are on the eve of a great struggle--that this is only the first of a long series of conflicts between reason and power that you have now in your hands committed to your trust, the protection of the only Free Press remaining in Europe, now confined to this kingdom; and addressing you therefore as the guardians of the most important interests of mankind--convinced that the unfettered exercise of reason depends more on your present verdict than on any other that was ever delivered by a jury,--I trust I may rely with confidence on the issue--I trust that you will consider yourselves as the advanced guard of Liberty--as having this day to fight the first battle of free discussion against the most formidable enemy that it ever encountered! J. Mackintosh.

CLIII.

THE LIBERTY OF THE PRESS.

The liberty of the press, on general subjects, comprehends and implies as much strict observance of positive law as is consistent with perfect purity of intention, and equal and useful society. What that latitude is, cannot be promulgated in the abstract, but must be judged in the particular instance, and consequently, upon this occasion, must be judged of by you without forming any possible precedent for any other case.

If gentlemen, you are firmly persuaded of the singleness and purity of the author's intentions, you are not bound to subject him to infamy, because in the zealous career of a just and animated composition, he happens to have tripped with his pen into an intemperate expression in one or two instances of a long work. If this severe duty were binding on your conscience, the liberty of the press would be an empty sound, and no man could venture to write on any subject, however pure his purpose, without an attorney at one elbow and a counsel at the other.

From minds thus subdued by the terrors of punishment, there could issue no works of genius to expand the empire of human reason, nor any masterly compositions on the general nature of government, by the help of which the great commonwealths of mankind have founded their establishments; much less any of those useful applications of them to critical conjunctures, by which, from time to time, our own Constitution, by the exertion of patriot citizens, has been brought back to its standard. Under such terrors, all the great lights of science and civilization must be extinguished; for men cannot communicate their free thoughts to one another with a lash held over their heads. It is the nature of everything that is great and useful both in the animate and inanimate world, to be wild and irregular, and we must be contented to take them with the alloys which belong to them, or live without them. Genius breaks from the fetters of criticism, but its wanderings are sanctioned by its majesty and wisdom when it advances in its path: subject it to the critic, and you tame it into dulness. Mighty rivers break down their banks in the winter, sweeping away to death the flocks which are fattened on the soil that they fertilize in the summer: the few may be saved by embankments from drowning, but the flock must perish for hunger. Tempests occasionally shake our dwellings and dissipate our commerce; but they scourge before them the lazy elements, which without them would stagnate into pestilence. In like manner, Liberty herself, the last and best gift of God to his creatures, must be taken Just as she is: you might pare her down into bashful regularity, and shape her into a perfect model of severe, scrupulous law, but she would then be Liberty no longer; and you must be content to die under the lash of this inexorable justice which you had exchanged for the banners of Freedom. Lord Erskine.

CLIV.

BRITISH TYRANNY IN INDIA.

I am driven in the defence of my client, to remark, that it is mad and preposterous to bring to the standard of justice and humanity the exercise of a dominion founded upon violence and terror. It may and must be true that Mr. Hastings has repeatedly offended against the rights and privileges of Asiatic government, if he was the faithful deputy of a power which could not maintain itself for an hour without trampling upon both. He may and must have offended against the laws of God and nature, if he was the faithful viceroy of an empire wrested in blood from the people to whom God and nature had given it. He may and must have preserved that unjust dominion over timorous and abject nations by a terrifying overbearing, insulting superiority, If he was the faithful administrator of your government, which, leaving no root in consent or affection no foundation in similarity of interests--no support from any one principle which cements men together in society, could only be upheld by alternate stratagem and force. The unhappy people of India, feeble and effeminate as they are from the softness of their climate, and subdued and broken as they have been by the knavery and strength of civilization, still occasionally start up in all the vigor and intelligence of insulted nature. To be governed at all, they must be governed with a rod of iron; and our empire in the East would, long since, have been lost to Great Britain, if civil skill and military prowess had not united their efforts to support an authority--which Heaven never gave--by means which it never can sanction.

Gentlemen, I think I can observe that you are touched with this way of considering the subject, and I can account for it. I have not been considering it through the cold medium of books, but have been speaking of man and his nature, and of human dominion, from what I have seen of them myself among reluctant nations submitting to our authority. I know what they feel, and how such feelings can alone be repressed. I have heard them in my youth from a naked savage, in the indignant character of a prince surrounded by his subjects, addressing the Governor of a British colony, holding a bundle of sticks in his hand, as the notes of his unlettered eloquence. "Who is it," said the jealous ruler over the desert, encroached upon by the restless foot of English adventure--"who is it that causes this river to rise in the high mountains, and to empty itself into the ocean? Who is it that causes to blow the loud winds of winter, and that calms them again in summer? Who is it that rears up the shade of those lofty forests, and blasts them with the quick lightning at his pleasure? The same Being who gave to you a country on the other side of the waters, and gave ours to in; and by this title we will defend it," said the warrior, throwing down his tomahawk upon the ground, and raising the war-sound of his nation. These are the feelings of subjugated man all round the globe; and depend upon it, nothing but fear will control where it is vain to look for affection.

If England, from a lust of ambition and dominion, will insist on maintaining despotic rule over distant and hostile nations, beyond all comparison more numerous and extended than herself, and gives commission to her viceroys to govern them with no other instructions than to preserve them, and to secure permanently their revenues, with what color of consistency or reason can she place herself in the moral chair, and affect to be shocked at the execution of her own orders; adverting to the exact measure of wickedness and injustice necessary to their execution, and, complaining only of the excess as the immorality, considering her authority as a dispensation for breaking the commands of God, and the breach of them as only punishable when contrary to the ordinances of man? Such a proceeding, gentlemen, begets serious reflection. It would be better, perhaps, for the masters and the servants of all such governments to join in supplication, that the great Author of violated humanity may not confound them together in one common judgment. Lord Erskine.

CLV.

DECLARATION OF RIGHT.

I might as a constituent, come to your bar and demand my liberty. I do call upon you by the laws of the land, and their violation; by the instructions of eighteen counties; by the arms, inspiration, and providence of the present moment--tell us the rule by which we shall go; assert the law of Ireland; declare the liberty of the land! I will not be answered by a public lie, in the shape of an amendment; nor, speaking for the subjects' freedom, am I to hear of faction. I wish for nothing but to breathe in this our island, in common with my fellow-subjects, the air of liberty. I have no ambition, unless it be to break your chain and contemplate your glory. I never will be satisfied so long as the meanest cottager in Ireland has a link of the British chain clanking to his rags. He may be naked,--he shall not be in irons. And I do see the time at hand; the spirit is gone forth; the Declaration of Right is planted; and though great men should fall off, yet the cause shall live; and though he who utters this should die, yet the immortal fire shall outlast the humble organ who conveys it, and the breath of liberty, like the word of the holy man will not die with the prophet, but survive him. H. Grattan.

CLVI.

POLITICS AND RELIGION.

That religion has, in fact, nothing to do with the politics of many who profess it, is a melancholy truth. But that it has of right, no concern with political transactions, is quite a new discovery. If such opinions, however, prevail, there is no longer any mystery in the character of those whose conduct in political matters violates every precept and slanders every principle of the religion of Christ. But what is politics? Is it not the science and the exercise of civil rights and civil duties? And what is religion? Is it not an obligation to the service of God, founded on his authority, and extending to all our relations, personal and social? Yet religion has nothing to do with politics? Where did you learn this maxim? The Bible is full of directions for your behavior as citizens. It is plain, pointed; awful in its injunctions on ruler and ruled as such: yet religion has nothing to do with politics! You are commanded "in all your ways to acknowledge Him." In everything, by prayer and supplication, with thanksgiving, to let your requests be made known unto God "And whatsoever ye do, in word or deed, to do all in the name of the Lord Jesus." Yet religion has nothing to do with politics! Most astonishing! And is there any part of your conduct in which you are, or wish to be, without law to God, and not under the law of Jesus Christ? Can you persuade yourselves that political men and measures are to undergo no review in the judgment to come? That all the passion and violence, the fraud and falsehood and corruption, which pervade the system of party, and burst out like a flood at the public elections, are to be blotted from the catalogue of unchristian deeds, because they are politics? Or that a minister of the gospel may see his people, in their political career, bid defiance to their God in breaking through every moral restraint, and keep a guiltless silence, because religion has nothing to do with politics? I forbear to press the argument farther; observing only that many of our difficulties and sins may be traced to this pernicious notion. Yes, if our religion had had more to do with our politics; if, in the pride of our citizenship, we had not forgotten our Christianity; if we had prayed more and wrangled less about the affairs of our country, it would have been infinitely better for us at this day J. M. Mason