Part 48

Let us now apply these principles to governments. These may all be comprehended under three heads: First, superstition; secondly, power; thirdly, the common interest of society and the common rights of man.

When a set of artful men pretended to hold intercourse with the Deity, as familiarly as they now march up the back stairs in European courts, the world was completely under the government of superstition. This sort of government lasted as long as this sort of superstition lasted.

After these, a race of conquerors arose, whose government, like that of William the Conqueror, was founded in power. Governments thus established last as long as the power to support them lasts; but, that they might avail themselves of every engine in their favour, they united fraud to force, and set up an idol which they called Divine Right, and which twisted itself afterwards into an idol of another shape, called Church and State. The key of St. Peter and the key of the treasury became quartered on one another, and the wondering cheated multitude worshipped the invention.

We have now to review the governments which arise out of society. If we trace government to its origin, we discover that governments must have arisen either out of the people or over the people. In those which have arisen out of the people, the individuals themselves, each in his own personal and sovereign right, have entered into a compact with each other to produce a government; and this is the only mode in which governments have a right to arise.

This compact is the constitution, and a constitution is not a thing in name only, but in fact. Wherever it cannot be produced in a visible form, there is none. A constitution is a thing antecedent to government, and a government is only its creature. The constitution of a country is not the act of its government, but of the people constituting its government.

Can, then, Mr. Burke produce the English constitution? He cannot, for no such thing exists, nor ever did exist. The English government is one of those which arose out of a conquest, and not out of society, and consequently it arose over the people; and though it has been much modified since the time of William the Conqueror, the country has never yet regenerated itself, and is therefore without a constitution.

II.--France and England Compared

I now proceed to draw some comparisons between the French constitution and the governmental usages in England.

The French constitution says that every man who pays a tax of sixty sous per annum (2s. 6d., English) is an elector. What will Mr. Burke place against this? Can anything be more limited, and at the same time more capricious, than the qualifications of electors are in England?

The French constitution says that the National Assembly shall be elected every two years. What will Mr. Burke place against this? Why, that the nation has no right at all in the case, and that the government is perfectly arbitrary with respect to this point.

The French constitution says there shall be no game laws, and no monopolies of any kind. What will Mr. Burke say to this? In England, game is made the property of those at whose expense it is not fed; and with respect to monopolies, every chartered town is an aristocratical monopoly in itself, and the qualification of electors proceeds out of these monopolies. Is this freedom? Is this what Mr. Burke means by a constitution?

The French constitution says that to preserve the national representation from being corrupt no member of the National Assembly shall be an officer of the government, a placeman, or a pensioner. What will Mr. Burke place against this? I will whisper his answer: "Loaves and Fishes." Ah! this government of loaves and fishes has more mischief in it than people have yet reflected on. The English Parliament is supposed to hold the national purse in trust for the nation. But if those who vote the supplies are the same persons who receive the supplies when voted, and are to account for the expenditure of those supplies to those who voted them, it is themselves accountable to themselves, and the comedy of errors concludes with the pantomime of hush. Neither the ministerial party nor the opposition will touch upon this case. The national purse is the common hack which each mounts upon. They order these things better in France.

The French constitution says that the right of war and peace is in the nation. Where else should it reside but in those who are to pay the expense? In England this right is said to reside in a metaphor shown at the Tower for sixpence or a shilling a head.

It may with reason be said that in the manner the English nation is represented it signifies not where the right resides, whether in the crown or in the parliament. War is the common harvest of all those who participate in the division and expenditure of public money in all countries. In reviewing the history of the English Government, an impartial bystander would declare that taxes were not raised to carry on wars, but that wars were raised to carry on taxes.

The French constitution says, "There shall be no titles"; and, of consequence, "nobility" is done away, and the peer is exalted into man.

Titles are but nicknames, and every nickname is a title. The thing is perfectly harmless in itself, but it marks a sort of foppery in the human character which degrades it. If no mischief had annexed itself to the folly of titles, they would not have been worth a serious and formal destruction. Let us, then, examine the grounds upon which the French constitution has resolved against having a house of peers in France.

Because, in the first place, aristocracy is kept up by family tyranny and injustice, due to the unnatural and iniquitous law of primogeniture.

Secondly, because the idea of hereditary legislators is as inconsistent as that of hereditary judges or hereditary juries; and as absurd as an hereditary mathematician, or an hereditary wise man; and as ridiculous as an hereditary poet-laureate.

Thirdly, because a body of men, holding themselves accountable to nobody, ought not to be trusted by anybody.

Fourthly, because it is continuing the uncivilised principle of government founded in conquest, and the base idea of man having property in man, and governing him by personal right.

The French constitution hath abolished or renounced toleration and intolerance also, and hath established universal right of conscience.

Toleration is not the opposite of intolerance, but is the counterfeit of it. Both are despotisms. The one assumes to itself the right of withholding liberty of conscience, and the other of granting it. Who art thou, vain dust and ashes! by whatever name thou art called, whether a king, a bishop, a church, or a state, a parliament, or anything else, that obtrudest thine insignificance between the soul of man and its Maker? Mind thine own concerns. If he believes not as thou believest, it is a proof that thou believest not as he believes, and there is no earthly power can determine between you.

The opinions of men with respect to government are changing fast in all countries. The revolutions of America and France have thrown a beam of light over the world, which reaches into men. Ignorance is of a peculiar nature; once dispelled, it is impossible to re-establish it. It is not originally a thing of itself, but is only the absence of knowledge; and though man may be kept ignorant, he cannot be made ignorant.

When we survey the wretched condition of man, under the monarchical and hereditary systems of government, dragged from his home by one power, or driven by another, and impoverished by taxes more than by enemies, it becomes evident that these systems are bad, and that a general revolution in the principle and construction of governments is necessary.

And it is not difficult to perceive, from the enlightened state of mankind, that hereditary governments are verging to their decline, and that revolutions on the broad basis of national sovereignty and government by representation are making their way in Europe; it would be an act of wisdom to anticipate their approach and produce revolutions by reason and accommodation, rather than commit them to the issue of convulsions.

III.--The Old and New Systems

The danger to which the success of revolutions is most exposed is in attempting them before the principles on which they proceed, and the advantages to result from them are sufficiently understood. Almost everything appertaining to the circumstances of a nation has been absorbed and confounded under the general and mysterious word government. It may, therefore, be of use in this day of revolutions to discriminate between those things which are the effect of government, and those which are not.

Great part of that order which reigns among mankind is not the effect of government. It has its origin in the principles of society and the natural constitution of man. The mutual dependence and reciprocal interest which man has upon man, and all the parts of civilised community upon each other, create that great chain of connection which holds it together. In fine, society performs for itself almost everything which is ascribed to government, which is no farther necessary than to supply the few cases to which society and civilisation are not conveniently competent.