my understanding and dear to my heart, an authority, a dignity, a moderation, which, in all countries and governments, ought ever to accompany the collected reason and representative majesty of the commonwealth.
I shall rejoice no less in seeing a judicial power established in France, correspondent to such a legislature as I have presumed to hint at, and worthy to second it in its endeavours to secure the freedom and property of the subject. When your courts of justice shall obtain an ascertained condition, before they are made to decide on the condition of other men; when they shall not be called upon to take cognizance of public offences, whilst they themselves are considered only to exist as a tolerated abuse; when, under doubts of the legality of their rules of decision, their forms and modes of proceeding, and even of the validity of that system of authority to which they owe their existence; when, amidst circumstances of suspense, fear, and humiliation, they shall not be put to judge on the lives, liberties, properties, or estimation of their fellow-citizens; when they are not called upon to put any man to his trial upon undefined crimes of state, not ascertained by any previous rule, statute, or course of precedent; when victims shall not be snatched from the fury of the people, to be brought before a tribunal, itself subject to the effects of the same fury, and where the acquittal of the parties accused, might only place the judge in the situation of the criminal; when I see tribunals placed in this state of independence of every thing but law, and with a clear law for their direction, as a true lover of equal justice (under the shadow of which alone true liberty can live), I shall rejoice in seeing such a happy order established in France, as much as I do in my consciousness that an order of the same kind, or one not very remote from it, has been long settled, and I hope on a firm foundation, in England. I am not so narrow-minded as to be unable to conceive that the same object may be attained in many ways, and perhaps in ways very different from those which we have followed in this country. If this real practical liberty, with a government powerful to protect, impotent to evade it, be established, or is in a fair train of being established in the democracy, or rather collection of democracies, which seem to be chosen for the future frame of society in France, it is not my having long enjoyed a sober share of freedom, under a qualified monarchy, that shall render me incapable of admiring and praising your system of republics. I should rejoice, even though England should hereafter be reckoned only as one among the happy nations, and should no longer retain her proud distinction, her monopoly of fame for a practical constitution, in which the grand secret had been found, of reconciling a government of real energy for all foreign and all domestic purposes, with the most perfect security to the liberty and safety of individuals. The government, whatever its name or form may be, that shall be found substantially and practically to unite these advantages, will most merit the applause of all discerning men.
But if (for in my present want of information I must only speak hypothetically) neither your great assemblies, nor your judicatures, nor your municipalities, act, and forbear to act, in the particulars, upon the principles, and in the spirit that I have stated, I must delay my congratulations on your acquisition of liberty. You may have made a revolution, but not a reformation. You may have subverted monarchy, but not recovered freedom.
You see, sir, that I have merely confined myself in my few observations on what has been done and is doing in France, to the topics of the liberty, property, and safety of the subjects. I have not said much on the influence of the present measures upon your country, as a state. It is not my business, as a citizen of the world; and it is unnecessary to take up much time about it, as it is sufficiently visible.
You are now to live in a new order of things, under a plan of government of which no man can speak from experience. Your talents, your public spirit, and your fortune, give you fair pretensions to a considerable share in it. Your settlement may be at hand; but that it is still at some distance, is more likely. The French may be yet to go through more transmigrations. They may pass, as one of our poets says, “through many varieties of untried being,” 2 before their state obtains its final form. In that progress through chaos and darkness, you will find it necessary (at all times it is more or less so) to fix rules to keep your life and conduct in some steady course. You have theories enough concerning the rights of men; it may not be amiss to add a small degree of attention to their nature and disposition. It is with man in the concrete; it is with common human life, and human actions, you are to be concerned. I have taken so many liberties with you, that I am almost got the length of venturing to suggest something which may appear in the assuming tone of advice. You will, however, be so good as to receive my very few hints with your usual indulgence, though some of them, I confess, are not in the taste of this enlightened age; and, indeed, are no better than the late ripe fruit of mere experience. Never wholly separate in your mind the merits of any political question, from the men who are concerned in it. You will be told, that if a measure is good, what have you to do with the character and views of those who bring it forward. But designing men never separate their plans from their interests; and, if you assist them in their schemes, you will find the pretended good, in the end, thrown aside or perverted, and the interested object alone compassed, and that, perhaps, through your means. The power of bad men is no indifferent thing.
At this moment you may not perceive the full sense of this rule; but you will recollect it when the cases are before you; you will then see and find its use. It will often keep your virtue from becoming a tool of the ambition and ill designs of others. Let me add what I think has some connexion with the rule I mentioned, that you ought not to be so fond of any political object, as not to think the means of compassing it a serious consideration. No man is less disposed than I am to put you under the tuition of a petty pedantic scruple, in the management of arduous affairs. All I recommend is, that whenever the sacrifice of any subordinate point of morality, or of honour, or even of common liberal sentiment and feeling is called for, one ought to be tolerably sure that the object is worth it. Nothing is good, but in proportion and with reference. There are several who give an air of consequence to very petty designs and actions, by the crimes through which they make their way to their objects. Whatever is obtained smoothly and by easy means, appears of no value in their eyes. But when violent measures are in agitation, one ought to be pretty clear that there are no others to which we can resort, and that a predilection from character to such methods is not the true cause of their being proposed. The state was reformed by Sylla and by Caesar; but the Cornelian law and the Julian law were not worth the proscription. The pride of the Roman nobility deserved a check; but I cannot, for that reason, admire the conduct of Cinna, and Marius, and Saturninus.3
I admit that evils may be so very great and urgent, that other evils are to be submitted to for the mere hope of their removal. A war, for instance, may be necessary, and we know what are the rights of war; but before we use those rights, we ought to be clearly in the state which alone can justify them; and not, in the very fold of peace and security, by a bloody sophistry, to act towards any persons at once as citizens and as enemies, and, without the necessary formalities and evident distinctive lines of war, to exercise upon our countrymen the most dreadful of all hostilities. Strong party contentions, and a very violent opposition to our desires and opinions, are not war, nor can justify any one of its operations.
One form of government may be better than another, and this difference may be worth a struggle. I think so. I do not mean to treat any of those forms which are often the contrivances of deep human wisdom (not the rights of men, as some people, in my opinion, not very wisely, talk of them) with slight or disrespect; nor do I mean to level them.
A positively vicious and abusive government ought to be changed—and, if necessary, by violence—if it cannot be (as sometimes it is the case) reformed. But when the question is concerning the more or the less perfection in the organization of a government, the allowance to means is not of so much latitude. There is, by the essential fundamental constitution of things, a radical infirmity in all human contrivances; and the weakness is often so attached to the very perfection of our political mechanism, that some defect in it—something that stops short of its principle, something that controls, that mitigates, that moderates it—becomes a necessary corrective to the evils that the theoretic perfection would produce. I am pretty sure it often is so; and this truth may be exemplified abundantly.
It
