The History of Freedom Part 5

In the _Ethics_ Aristotle condemns democracy, even with a property qualification, as the worst of governments. But near the end of his life, when he composed his _Politics_, he was brought, grudgingly, to make a memorable concession. To preserve the sovereignty of law, which is the reason and the custom of generations, and to restrict the realm of choice and change, he conceived it best that no cla.s.s of society should preponderate, that one man should not be subject to another, that all should command and all obey. He advised that power should be distributed to high and low; to the first according to their property, to the others according to numbers; and that it should centre in the middle cla.s.s. If aristocracy and democracy were fairly combined and balanced against each other, he thought that none would be interested to disturb the serene majesty of impersonal government. To reconcile the two principles, he would admit even the poorer citizens to office and pay them for the discharge of public duties; but he would compel the rich to take their share, and would appoint magistrates by election and not by lot. In his indignation at the extravagance of Plato, and his sense of the significance of facts, he became, against his will, the prophetic exponent of a limited and regenerated democracy. But the _Politics_, which, to the world of living men, is the most valuable of his works, acquired no influence on antiquity, and is never quoted before the time of Cicero. Again it disappeared for many centuries; it was unknown to the Arabian commentators, and in Western Europe it was first brought to light by St. Thomas Aquinas, at the very time when an infusion of popular elements was modifying feudalism, and it helped to emanc.i.p.ate political philosophy from despotic theories and to confirm it in the ways of freedom.

The three generations of the Socratic school did more for the future reign of the people than all the inst.i.tutions of the States of Greece.

They vindicated conscience against authority, and subjected both to a higher law; and they proclaimed that doctrine of a mixed const.i.tution, which has prevailed at last over absolute monarchy, and still has to contend against extreme Republicans and Socialists, and against the masters of a hundred legions. But their views of liberty were based on expediency, not on justice. They legislated for the favoured citizens of Greece, and were conscious of no principle that extended the same rights to the stranger and the slave. That discovery, without which all political science was merely conventional, belongs to the followers of Zeno.

The dimness and poverty of their theological speculation caused the Stoics to attribute the government of the universe less to the uncertain design of G.o.ds than to a definite law of nature. By that law, which is superior to religious traditions and national authorities, and which every man can learn from a guardian angel who neither sleeps nor errs, all are governed alike, all are equal, all are bound in charity to each other, as members of one community and children of the same G.o.d. The unity of mankind implied the existence of rights and duties common to all men, which legislation neither gives nor takes away. The Stoics held in no esteem the inst.i.tutions that vary with time and place, and their ideal society resembled a universal Church more than an actual State. In every collision between authority and conscience they preferred the inner to the outer guide; and, in the words of Epictetus, regarded the laws of the G.o.ds, not the wretched laws of the dead. Their doctrine of equality, of fraternity, of humanity; their defence of individualism against public authority; their repudiation of slavery, redeemed democracy from the narrowness, the want of principle and of sympathy, which are its reproach among the Greeks. In practical life they preferred a mixed const.i.tution to a purely popular government.

Chrysippus thought it impossible to please both G.o.ds and men; and Seneca declared that the people is corrupt and incapable, and that nothing was wanting, under Nero, to the fulness of liberty, except the possibility of destroying it. But their lofty conception of freedom, as no exceptional privilege but the birthright of mankind, survived in the law of nations and purified the equity of Rome.

Whilst Dorian oligarchs and Macedonian kings crushed the liberties of Greece, the Roman Republic was ruined, not by its enemies, for there was no enemy it did not conquer, but by its own vices. It was free from many causes of instability and dissolution that were active in Greece--the eager quickness, the philosophic thought, the independent belief, the pursuit of unsubstantial grace and beauty. It was protected by many subtle contrivances against the sovereignty of numbers and against legislation by surprise. Const.i.tutional battles had to be fought over and over again; and progress was so slow, that reforms were often voted many years before they could be carried into effect. The authority allowed to fathers, to masters, to creditors, was as incompatible with the spirit of freedom as the practice of the servile East. The Roman citizen revelled in the luxury of power; and his jealous dread of every change that might impair its enjoyment portended a gloomy oligarchy. The cause which transformed the domination of rigid and exclusive patricians into the model Republic, and which out of the decomposed Republic built up the archetype of all despotism, was the fact that the Roman Commonwealth consisted of two States in one. The const.i.tution was made up of compromises between independent bodies, and the obligation of observing contracts was the standing security for freedom. The plebs obtained self-government and an equal sovereignty, by the aid of the tribunes of the people, the peculiar, salient, and decisive invention of Roman statecraft. The powers conferred on the tribunes, that they might be the guardians of the weak, were ill defined, but practically were irresistible. They could not govern, but they could arrest all government. The first and the last step of plebeian progress was gained neither by violence nor persuasion, but by seceding; and, in like manner, the tribunes overcame all the authorities of the State by the weapon of obstruction. It was by stopping public business for five years that Licinius established democratic equality. The safeguard against abuse was the right of each tribune to veto the acts of his colleagues.

As they were independent of their electors, and as there could hardly fail to be one wise and honest man among the ten, this was the most effective instrument for the defence of minorities ever devised by man.

After the Hortensian law, which in the year 286 gave to the plebeian a.s.sembly co-ordinate legislative authority, the tribunes ceased to represent the cause of a minority, and their work was done.

A scheme less plausible or less hopeful than one which created two sovereign legislatures side by side in the same community would be hard to find. Yet it effectually closed the conflict of centuries, and gave to Rome an epoch of constant prosperity and greatness. No real division subsisted in the people, corresponding to the artificial division in the State. Fifty years pa.s.sed away before the popular a.s.sembly made use of its prerogative, and pa.s.sed a law in opposition to the senate. Polybius could not detect a flaw in the structure as it stood. The harmony seemed to be complete, and he judged that a more perfect example of composite government could not exist. But during those happy years the cause which wrought the ruin of Roman freedom was in full activity; for it was the condition of perpetual war that brought about the three great changes which were the beginning of the end--the reforms of the Gracchi, the arming of the paupers, and the gift of the Roman suffrage to the people of Italy.

Before the Romans began their career of foreign conquest they possessed an army of 770,000 men; and from that time the consumption of citizens in war was incessant. Regions once crowded with the small freeholds of four or five acres, which were the ideal unit of Roman society and the sinew of the army and the State, were covered with herds of cattle and herds of slaves, and the substance of the governing democracy was drained. The policy of the agrarian reform was to reconst.i.tute this peasant cla.s.s out of the public domains, that is, out of lands which the ruling families had possessed for generations, which they had bought and sold, inherited, divided, cultivated, and improved. The conflict of interests that had so long slumbered revived with a fury unknown in the controversy between the patricians and the plebs. For it was now a question not Of equal rights but of subjugation. The social restoration of democratic elements could not be accomplished without demolis.h.i.+ng the senate; and this crisis at last exposed the defect of the machinery and the peril of divided powers that were not to be controlled or reconciled. The popular a.s.sembly, led by Gracchus, had the power of making laws; and the only const.i.tutional check was, that one of the tribunes should be induced to bar the proceedings. Accordingly, the tribune Octavius interposed his veto. The tribunician power, the most sacred of powers, which could not be questioned because it was founded on a covenant between the two parts of the community and formed the keystone of their union, was employed, in opposition to the will of the people, to prevent a reform on which the preservation of the democracy depended. Gracchus caused Octavius to be deposed. Though not illegal, this was a thing unheard of, and it seemed to the Romans a sacrilegious act that shook the pillars of the State, for it was the first significant revelation of democratic sovereignty. A tribune might burn the a.r.s.enal and betray the city, yet he could not be called to account until his year of office had expired. But when he employed against the people the authority with which they had invested him, the spell was dissolved. The tribunes had been inst.i.tuted as the champions of the oppressed, when the plebs feared oppression. It was resolved that they should not interfere on the weaker side when the democracy were the strongest. They were chosen by the people as their defence against the aristocracy. It was not to be borne that they should become the agents of the aristocracy to make them once more supreme. Against a popular tribune, whom no colleague was suffered to oppose, the wealthy cla.s.ses were defenceless. It is true that he held office, and was inviolable, only for a year. But the younger Gracchus was re-elected. The n.o.bles accused him of aiming at the crown. A tribune who should be practically irremovable, as well as legally irresistible, was little less than an emperor. The senate carried on the conflict as men do who fight, not for public interests but for their own existence. They rescinded the agrarian laws. They murdered the popular leaders. They abandoned the const.i.tution to save themselves, and invested Sylla with a power beyond all monarchs, to exterminate their foes. The ghastly conception of a magistrate legally proclaimed superior to all the laws was familiar to the stern spirit of the Romans. The decemvirs had enjoyed that arbitrary authority; but practically they were restrained by the two provisions which alone were deemed efficacious in Rome, the short duration of office, and its distribution among several colleagues. But the appointment of Sylla was neither limited nor divided. It was to last as long as he chose. Whatever he might do was right; and he was empowered to put whomsoever he pleased to death, without trial or accusation. All the victims who were butchered by his satellites suffered with the full sanction of the law.

When at last the democracy conquered, the Augustan monarchy, by which they perpetuated their triumph, was moderate in comparison with the licensed tyranny of the aristocratic chief. The Emperor was the const.i.tutional head of the Republic, armed with all the powers requisite to master the senate. The instrument which had served to cast down the patricians was efficient against the new aristocracy of wealth and office. The tribunician power, conferred in perpetuity, made it unnecessary to create a king or a dictator. Thrice the senate proposed to Augustus the supreme power of making laws. He declared that the power of the tribunes already supplied him with all that he required. It enabled him to preserve the forms of a simulated republic. The most popular of all the magistracies of Rome furnished the marrow of Imperialism. For the Empire was created, not by usurpation, but by the legal act of a jubilant people, eager to close the era of bloodshed and to secure the largess of grain and coin, which amounted, at last, to 900,000 pounds a year. The people transferred to the Emperor the plenitude of their own sovereignty. To limit his delegated power was to challenge their omnipotence, to renew the issue between the many and the few which had been decided at Pharsalus and Philippi. The Romans upheld the absolutism of the Empire because it was their own. The elementary antagonism between liberty and democracy, between the welfare of minorities and the supremacy of ma.s.ses, became manifest. The friend of the one was a traitor to the other. The dogma, that absolute power may, by the hypothesis of a popular origin, be as legitimate as const.i.tutional freedom, began, by the combined support of the people and the throne, to darken the air.

Legitimate, in the technical sense of modern politics, the Empire was not meant to be. It had no right or claim to subsist apart from the will of the people. To limit the Emperor's authority was to renounce their own; but to take it away was to a.s.sert their own. They gave the Empire as they chose. They took it away as they chose. The Revolution was as lawful and as irresponsible as the Empire. Democratic inst.i.tutions continued to develop. The provinces were no longer subject to an a.s.sembly meeting in a distant capital. They obtained the privileges of Roman citizens. Long after Tiberius had stripped the inhabitants of Rome of their electoral function, the provincials continued in undisturbed enjoyment of the right of choosing their own magistrates. They governed themselves like a vast confederation of munic.i.p.al republics; and, even after Diocletian had brought in the forms as well as the reality of despotism, provincial a.s.semblies, the obscure germ of representative inst.i.tutions, exercised some control over the Imperial officers.

But the Empire owed the intensity of its force to the popular fiction.

The principle, that the Emperor is not subject to laws from which he can dispense others, _princeps legibus solutus_, was interpreted to imply that he was above all legal restraint. There was no appeal from his sentence. He was the living law. The Roman jurists, whilst they adorned their writings with the exalted philosophy of the Stoics, consecrated every excess of Imperial prerogative with those famous maxims which have been balm to so many consciences and have sanctioned so much wrong; and the code of Justinian became the greatest obstacle, next to feudalism, with which liberty had to contend.

Ancient democracy, as it was in Athens in the best days of Pericles, or in Rome when Polybius described it, or even as it is idealised by Aristotle in the Sixth Book of his _Politics_, and by Cicero in the beginning of the Republic, was never more than a partial and insincere solution of the problem of popular government. The ancient politicians aimed no higher than to diffuse power among a numerous cla.s.s. Their liberty was bound up with slavery. They never attempted to found a free State on the thrift and energy of free labour. They never divined the harder but more grateful task that const.i.tutes the political life of Christian nations.

By humbling the supremacy of rank and wealth; by forbidding the State to encroach on the domain which belongs to G.o.d; by teaching man to love his neighbour as himself; by promoting the sense of equality; by condemning the pride of race, which was a stimulus of conquest, and the doctrine of separate descent, which formed the philosopher's defence of slavery; and by addressing not the rulers but the ma.s.ses of mankind, and making opinion superior to authority, the Church that preached the Gospel to the poor had visible points of contact with democracy. And yet Christianity did not directly influence political progress. The ancient watchword of the Republic was translated by Papinian into the language of the Church: "Summa est ratio quae pro religione fiat:" and for eleven hundred years, from the first to the last of the Constantines, the Christian Empire was as despotic as the pagan.

Meanwhile Western Europe was overrun by men who in their early home had been Republicans. The primitive const.i.tution of the German communities was based on a.s.sociation rather than on subordination. They were accustomed to govern their affairs by common deliberation, and to obey authorities that were temporary and defined. It is one of the desperate enterprises of historical science to trace the free inst.i.tutions of Europe and America, and Australia, to the life that was led in the forests of Germany. But the new States were founded on conquest, and in war the Germans were commanded by kings. The doctrine of self-government, applied to Gaul and Spain, would have made Frank and Goth disappear in the ma.s.s of the conquered people. It needed all the resources of a vigorous monarchy, of a military aristocracy, and of a territorial clergy, to construct States that were able to last. The result was the feudal system, the most absolute contradiction of democracy that has coexisted with civilisation.

The revival of democracy was due neither to the Christian Church nor to the Teutonic State, but to the quarrel between them. The effect followed the cause instantaneously. As soon as Gregory VII. made the Papacy independent of the Empire, the great conflict began; and the same pontificate gave birth to the theory of the sovereignty of the people.

The Gregorian party argued that the Emperor derived his crown from the nation, and that the nation could take away what it had bestowed. The Imperialists replied that n.o.body could take away what the nation had given. It is idle to look for the spark either in flint or steel. The object of both parties was unqualified supremacy. Fitznigel has no more idea of ecclesiastical liberty than John of Salisbury of political.

Innocent IV. is as perfect an absolutist as Peter de Vineis. But each party encouraged democracy in turn, by seeking the aid of the towns; each party in turn appealed to the people, and gave strength to the const.i.tutional theory. In the fourteenth century English Parliaments judged and deposed their kings, as a matter of right; the Estates governed France without king or n.o.ble; and the wealth and liberties of the towns, which had worked out their independence from the centre of Italy to the North Sea, promised for a moment to transform European society. Even in the capitals of great princes, in Rome, in Paris, and, for two terrible days, in London, the commons obtained sway. But the curse of instability was on the munic.i.p.al republics. Strasburg, according to Erasmus and Bodin, the best governed of all, suffered from perpetual commotions. An ingenious historian has reckoned seven thousand revolutions in the Italian cities. The democracies succeeded no better than feudalism in regulating the balance between rich and poor. The atrocities of the Jacquerie, and of Wat Tyler's rebellion, hardened the hearts of men against the common people. Church and State combined to put them down. And the last memorable struggles of mediaeval liberty--the insurrection of the Comuneros in Castile, the Peasants' War in Germany, the Republic of Florence, and the Revolt of Ghent--were suppressed by Charles V. in the early years of the Reformation.

The middle ages had forged a complete a.r.s.enal of const.i.tutional maxims: trial by jury, taxation by representation, local self-government, ecclesiastical independence, responsible authority. But they were not secured by inst.i.tutions, and the Reformation began by making the dry bones more dry. Luther claimed to be the first divine who did justice to the civil power. He made the Lutheran Church the bulwark of political stability, and bequeathed to his disciples the doctrine of divine right and pa.s.sive obedience. Zwingli, who was a staunch republican, desired that all magistrates should be elected, and should be liable to be dismissed by their electors; but he died too soon for his influence, and the permanent action of the Reformation on democracy was exercised through the Presbyterian const.i.tution of Calvin.

It was long before the democratic element in Presbyterianism began to tell. The Netherlands resisted Philip II. for fifteen years before they took courage to depose him, and the scheme of the ultra-Calvinist Deventer, to subvert the ascendency of the leading States by the sovereign action of the whole people, was foiled by Leicester's incapacity, and by the consummate policy of Barnevelt. The Huguenots, having lost their leaders in 1572, reconst.i.tuted themselves on a democratic footing, and learned to think that a king who murders his subjects forfeits his divine right to be obeyed. But Junius Brutus and Buchanan damaged their credit by advocating regicide; and Hotoman, whose _Franco-Gallia_ is the most serious work of the group, deserted his liberal opinions when the chief of his own party became king. The most violent explosion of democracy in that age proceeded from the opposite quarter. When Henry of Navarre became the next heir to the throne of France, the theory of the deposing power, which had proved ineffectual for more than a century, awoke with a new and more vigorous life.

One-half of the nation accepted the view, that they were not bound to submit to a king they would not have chosen. A Committee of Sixteen made itself master of Paris, and, with the aid of Spain, succeeded for years in excluding Henry from his capital. The impulse thus given endured in literature for a whole generation, and produced a library of treatises on the right of Catholics to choose, to control, and to cas.h.i.+er their magistrates. They were on the losing side. Most of them were bloodthirsty, and were soon forgotten. But the greater part of the political ideas of Milton, Locke, and Rousseau, may be found in the ponderous Latin of Jesuits who were subjects of the Spanish Crown, of Lessius, Molina, Mariana, and Suarez.

The ideas were there, and were taken up when it suited them by extreme adherents of Rome and of Geneva; but they produced no lasting fruit until, a century after the Reformation, they became incorporated in new religious systems. Five years of civil war could not exhaust the royalism of the Presbyterians, and it required the expulsion of the majority to make the Long Parliament abandon monarchy. It had defended the const.i.tution against the crown with legal arts, defending precedent against innovation, and setting up an ideal in the past which, with all the learning of Selden and of Prynne, was less certain than the Puritan statesmen supposed. The Independents brought in a new principle.

Tradition had no authority for them, and the past no virtue. Liberty of conscience, a thing not to be found in the const.i.tution, was more prized by many of them than all the statutes of the Plantagenets. Their idea that each congregation should govern itself abolished the force which is needed to preserve unity, and deprived monarchy of the weapon which made it injurious to freedom. An immense revolutionary energy resided in their doctrine, and it took root in America, and deeply coloured political thought in later times. But in England the sectarian democracy was strong only to destroy. Cromwell refused to be bound by it; and John Lilburne, the boldest thinker among English democrats, declared that it would be better for liberty to bring back Charles Stuart than to live under the sword of the Protector.

Lilburne was among the first to understand the real conditions of democracy, and the obstacle to its success in England. Equality of power could not be preserved, except by violence, together with an extreme inequality of possessions. There would always be danger, if power was not made to wait on property, that property would go to those who had the power. This idea of the necessary balance of property, developed by Harrington, and adopted by Milton in his later pamphlets, appeared to Toland, and even to John Adams, as important as the invention of printing, or the discovery of the circulation of the blood. At least it indicates the true explanation of the strange completeness with which the Republican party had vanished, a dozen years after the solemn trial and execution of the King. No extremity of misgovernment was able to revive it. When the treason of Charles II. against the const.i.tution was divulged, and the Whigs plotted to expel the incorrigible dynasty, their aspirations went no farther than a Venetian oligarchy, with Monmouth for Doge. The Revolution of 1688 confined power to the aristocracy of freeholders. The conservatism of the age was unconquerable.

Republicanism was distorted even in Switzerland, and became in the eighteenth century as oppressive and as intolerant as its neighbours.

In 1769, when Paoli fled from Corsica, it seemed that, in Europe at least, democracy was dead. It had, indeed, lately been defended in books by a man of bad reputation, whom the leaders of public opinion treated with contumely, and whose declamations excited so little alarm that George III. offered him a pension. What gave to Rousseau a power far exceeding that which any political writer had ever attained was the progress of events in America. The Stuarts had been willing that the colonies should serve as a refuge from their system of Church and State, and of all their colonies the one most favoured was the territory granted to William Penn. By the principles of the Society to which he belonged, it was necessary that the new State should be founded on liberty and equality. But Penn was further noted among Quakers as a follower of the new doctrine of Toleration. Thus it came to pa.s.s that Pennsylvania enjoyed the most democratic const.i.tution in the world, and held up to the admiration of the eighteenth century an almost solitary example of freedom. It was princ.i.p.ally through Franklin and the Quaker State that America influenced political opinion in Europe, and that the fanaticism of one revolutionary epoch was converted into the rationalism of another. American independence was the beginning of a new era, not merely as a revival of Revolution, but because no other Revolution ever proceeded from so slight a cause, or was ever conducted with so much moderation. The European monarchies supported it. The greatest statesmen in England averred that it was just. It established a pure democracy; but it was democracy in its highest perfection, armed and vigilant, less against aristocracy and monarchy than against its own weakness and excess. Whilst England was admired for the safeguards with which, in the course of many centuries, it had fortified liberty against the power of the crown, America appeared still more worthy of admiration for the safeguards which, in the deliberations of a single memorable year, it had set up against the power of its own sovereign people. It resembled no other known democracy, for it respected freedom, authority, and law.

It resembled no other const.i.tution, for it was contained in half a dozen intelligible articles. Ancient Europe opened its mind to two new ideas--that Revolution with very little provocation may be just; and that democracy in very large dimensions may be safe.

Whilst America was making itself independent, the spirit of reform had been abroad in Europe. Intelligent ministers, like Campomanes and Struensee, and well-meaning monarchs, of whom the most liberal was Leopold of Tuscany, were trying what could be done to make men happy by command. Centuries of absolute and intolerant rule had bequeathed abuses which nothing but the most vigorous use of power could remove. The age preferred the reign of intellect to the reign of liberty. Turgot, the ablest and most far-seeing reformer then living, attempted to do for France what less gifted men were doing with success in Lombardy, and Tuscany, and Parma. He attempted to employ the royal power for the good of the people, at the expense of the higher cla.s.ses. The higher cla.s.ses proved too strong for the crown alone; and Louis XVI. abandoned internal reforms in despair, and turned for compensation to a war with England for the deliverance of her American Colonies. When the increasing debt obliged him to seek heroic remedies, and he was again repulsed by the privileged orders, he appealed at last to the nation. When the States-General met, the power had already pa.s.sed to the middle cla.s.s, for it was by them alone that the country could be saved. They were strong enough to triumph by waiting. Neither the Court, nor the n.o.bles, nor the army, could do anything against them. During the six months from January 1789 to the fall of the Bastille in July, France travelled as far as England in the six hundred years between the Earl of Leicester and Lord Beaconsfield. Ten years after the American alliance, the Rights of Man, which had been proclaimed at Philadelphia, were repeated at Versailles. The alliance had borne fruit on both sides of the Atlantic, and for France, the fruit was the triumph of American ideas over English. They were more popular, more simple, more effective against privilege, and, strange to say, more acceptable to the King. The new French const.i.tution allowed no privileged orders, no parliamentary ministry, no power of dissolution, and only a suspensive veto. But the characteristic safeguards of the American Government were rejected: Federalism, separation of Church and State, the Second Chamber, the political arbitration of the supreme judicial body. That which weakened the Executive was taken: that which restrained the Legislature was left.

Checks on the crown abounded; but should the crown be vacant, the powers that remained would be without a check. The precautions were all in one direction. n.o.body would contemplate the contingency that there might be no king. The const.i.tution was inspired by a profound disbelief in Louis XVI. and a pertinacious belief in monarchy. The a.s.sembly voted without debate, by acclamation, a Civil List three times as large as that of Queen Victoria. When Louis fled, and the throne was actually vacant, they brought him back to it, preferring the phantom of a king who was a prisoner to the reality of no king at all.

Next to this misapplication of American examples, which was the fault of nearly all the leading statesmen, excepting Mounier, Mirabeau, and Sieyes, the cause of the Revolution was injured by its religious policy.

The most novel and impressive lesson taught by the fathers of the American Republic was that the people, and not the administration, should govern. Men in office were salaried agents, by whom the nation wrought its will. Authority submitted to public opinion, and left to it not only the control, but the initiative of government. Patience in waiting for a wind, alacrity in catching it, the dread of exerting unnecessary influence, characterise the early presidents. Some of the French politicians shared this view, though with less exaggeration than Was.h.i.+ngton. They wished to decentralise the government, and to obtain, for good or evil, the genuine expression of popular sentiment. Necker himself, and Buzot, the most thoughtful of the Girondins, dreamed of federalising France. In the United States there was no current of opinion, and no combination of forces, to be seriously feared. The government needed no security against being propelled in a wrong direction. But the French Revolution was accomplished at the expense of powerful cla.s.ses. Besides the n.o.bles, the a.s.sembly, which had been made supreme by the accession of the clergy, and had been led at first by popular ecclesiastics, by Sieyes, Talleyrand, Cice, La Luzerne, made an enemy of the clergy. The prerogative could not be destroyed without touching the Church. Ecclesiastical patronage had helped to make the crown absolute. To leave it in the hands of Louis and his ministers was to renounce the entire policy of the const.i.tution. To disestablish, was to make it over to the Pope. It was consistent with the democratic principle to introduce election into the Church. It involved a breach with Rome; but so, indeed, did the laws of Joseph II., Charles III., and Leopold. The Pope was not likely to cast away the friends.h.i.+p of France, if he could help it; and the French clergy were not likely to give trouble by their attachment to Rome. Therefore, amid the indifference of many, and against the urgent, and probably sincere, remonstrances of Robespierre and Marat, the Jansenists, who had a century of persecution to avenge, carried the Civil Const.i.tution. The coercive measures which enforced it led to the breach with the King, and the fall of the monarchy; to the revolt of the provinces, and the fall of liberty. The Jacobins determined that public opinion should not reign, that the State should not remain at the mercy of powerful combinations. They held the representatives of the people under control, by the people itself. They attributed higher authority to the direct than to the indirect voice of the democratic oracle. They armed themselves with power to crush every adverse, every independent force, and especially to put down the Church, in whose cause the provinces had risen against the capital. They met the centrifugal federalism of the friends of the Gironde by the most resolute centralisation. France was governed by Paris; and Paris by its munic.i.p.ality and its mob. Obeying Rousseau's maxim, that the people cannot delegate its power, they raised the elementary const.i.tuency above its representatives. As the greatest const.i.tuent body, the most numerous acc.u.mulation of primary electors, the largest portion of sovereignty, was in the people of Paris, they designed that the people of Paris should rule over France, as the people of Rome, the mob as well as the senate, had ruled, not ingloriously, over Italy, and over half the nations that surround the Mediterranean. Although the Jacobins were scarcely more irreligious than the Abbe Sieyes or Madame Roland, although Robespierre wanted to force men to believe in G.o.d, although Danton went to confession and Barere was a professing Christian, they imparted to modern democracy that implacable hatred of religion which contrasts so strangely with the example of its Puritan prototype.

The deepest cause which made the French Revolution so disastrous to liberty was its theory of equality. Liberty was the watchword of the middle cla.s.s, equality of the lower. It was the lower cla.s.s that won the battles of the third estate; that took the Bastille, and made France a const.i.tutional monarchy; that took the Tuileries, and made France a Republic. They claimed their reward. The middle cla.s.s, having cast down the upper orders with the aid of the lower, inst.i.tuted a new inequality and a privilege for itself. By means of a taxpaying qualification it deprived its confederates of their vote. To those, therefore, who had accomplished the Revolution, its promise was not fulfilled. Equality did nothing for them. The opinion, at that time, was almost universal, that society is founded on an agreement which is voluntary and conditional, and that the links which bind men to it are terminable, for sufficient reason, like those which subject them to authority. From these popular premises the logic of Marat drew his sanguinary conclusions. He told the famished people that the conditions on which they had consented to bear their evil lot, and had refrained from violence, had not been kept to them. It was suicide, it was murder, to submit to starve and to see one's children starving, by the fault of the rich. The bonds of society were dissolved by the wrong it inflicted. The state of nature had come back, in which every man had a right to what he could take. The time had come for the rich to make way for the poor. With this theory of equality, liberty was quenched in blood, and Frenchmen became ready to sacrifice all other things to save life and fortune.

Twenty years after the splendid opportunity that opened in 1789, the reaction had triumphed everywhere in Europe; ancient const.i.tutions had perished as well as new; and even England afforded them neither protection nor sympathy. The liberal, at least the democratic revival, came from Spain. The Spaniards fought against the French for a king, who was a prisoner in France. They gave themselves a const.i.tution, and placed his name at the head of it. They had a monarchy, without a king.

It required to be so contrived that it would work in the absence, possibly the permanent absence, of the monarch. It became, therefore, a monarchy only in name, composed, in fact, of democratic forces. The const.i.tution of 1812 was the attempt of inexperienced men to accomplish the most difficult task in politics. It was smitten with sterility. For many years it was the standard of abortive revolutions among the so-called Latin nations. It promulgated the notion of a king who should flourish only in name, and should not even discharge the humble function which Hegel a.s.signs to royalty, of dotting i's for the people.

The overthrow of the Cadiz const.i.tution, in 1823, was the supreme triumph of the restored monarchy of France. Five years later, under a wise and liberal minister, the Restoration was advancing fairly on the const.i.tutional paths, when the incurable distrust of the Liberal party defeated Martignac, and brought in the ministry of extreme royalists that ruined the monarchy. In labouring to transfer power from the cla.s.s which the Revolution had enfranchised to those which it had overthrown, Polignac and La Bourdonnaie would gladly have made terms with the working men. To break the influence of intellect and capital by means of universal suffrage, was an idea long and zealously advocated by some of their supporters. They had not foresight or ability to divide their adversaries, and they were vanquished in 1830 by the united democracy.

The promise of the Revolution of July was to reconcile royalists and democrats. The King a.s.sured Lafayette that he was a republican at heart; and Lafayette a.s.sured France that Louis Philippe was the best of republics. The shock of the great event was felt in Poland, and Belgium, and even in England. It gave a direct impulse to democratic movements in Switzerland.

Swiss democracy had been in abeyance since 1815. The national will had no organ. The cantons were supreme; and governed as inefficiently as other governments under the protecting shade of the Holy Alliance. There was no dispute that Switzerland called for extensive reforms, and no doubt of the direction they would take. The number of the cantons was the great obstacle to all improvement. It was useless to have twenty-five governments in a country equal to one American State, and inferior in population to one great city. It was impossible that they should be good governments. A central power was the manifest need of the country. In the absence of an efficient federal power, seven cantons formed a separate league for the protection of their own interests.

Whilst democratic ideas were making way in Switzerland, the Papacy was travelling in the opposite direction, and showing an inflexible hostility for ideas which are the breath of democratic life. The growing democracy and the growing Ultramontanism came into collision. The Sonderbund could aver with truth that there was no safety for its rights under the Federal Const.i.tution. The others could reply, with equal truth, that there was no safety for the const.i.tution with the Sonderbund. In 1847, it came to a war between national sovereignty and cantonal sovereignty. The Sonderbund was dissolved, and a new Federal Const.i.tution was adopted, avowedly and ostensibly charged with the duty of carrying out democracy, and repressing the adverse influence of Rome.

It was a delusive imitation of the American system. The President was powerless. The Senate was powerless. The Supreme Court was powerless.

The sovereignty of the cantons was undermined, and their power centred in the House of Representatives. The Const.i.tution of 1848 was a first step towards the destruction of Federalism. Another and almost a final step in the direction of centralisation was taken in 1874. The railways, and the vast interests they created, made the position of the cantonal governments untenable. The conflict with the Ultramontanes increased the demand for vigorous action; and the destruction of State Rights in the American war strengthened the hands of the Centralists. The Const.i.tution of 1874 is one of the most significant works of modern democracy. It is the triumph of democratic force over democratic freedom. It overrules not only the Federal principle, but the representative principle. It carries important measures away from the Federal Legislature to submit them to the votes of the entire people, separating decision from deliberation. The operation is so c.u.mbrous as to be generally ineffective. But it const.i.tutes a power such as exists, we believe, under the laws of no other country. A Swiss jurist has frankly expressed the spirit of the reigning system by saying, that the State is the appointed conscience of the nation.

The moving force in Switzerland has been democracy relieved of all constraint, the principle of putting in action the greatest force of the greatest number. The prosperity of the country has prevented complications such as arose in France. The ministers of Louis Philippe, able and enlightened men, believed that they would make the people prosper if they could have their own way, and could shut out public opinion. They acted as if the intelligent middle cla.s.s was destined by heaven to govern. The upper cla.s.s had proved its unfitness before 1789; the lower cla.s.s, since 1789. Government by professional men, by manufacturers and scholars, was sure to be safe, and almost sure to be reasonable and practical. Money became the object of a political superst.i.tion, such as had formerly attached to land, and afterwards attached to labour. The ma.s.ses of the people, who had fought against Marmont, became aware that they had not fought for their own benefit.

They were still governed by their employers.

When the King parted with Lafayette, and it was found that he would not only reign but govern, the indignation of the republicans found a vent in street fighting. In 1836, when the horrors of the infernal machine had armed the crown with ampler powers, and had silenced the republican party, the term Socialism made its appearance in literature.

Tocqueville, who was writing the philosophic chapters that conclude his work, failed to discover the power which the new system was destined to exercise on democracy. Until then, democrats and communists had stood apart. Although the socialist doctrines were defended by the best intellects of France, by Thierry, Comte, Chevalier, and Georges Sand, they excited more attention as a literary curiosity than as the cause of future revolutions. Towards 1840, in the recesses of secret societies, republicans and socialists coalesced. Whilst the Liberal leaders, Lamartine and Barrot, discoursed on the surface concerning reform, Ledru Rollin and Louis Blanc were quietly digging a grave for the monarchy, the Liberal party, and the reign of wealth. They worked so well, and the vanquished republicans recovered so thoroughly, by this coalition, the influence they had lost by a long series of crimes and follies, that, in 1848, they were able to conquer without fighting. The fruit of their victory was universal suffrage.

From that time the promises of socialism have supplied the best energy of democracy. Their coalition has been the ruling fact in French politics. It created the "saviour of society," and the Commune; and it still entangles the footsteps of the Republic. It is the only shape in which democracy has found an entrance into Germany. Liberty has lost its spell; and democracy maintains itself by the promise of substantial gifts to the ma.s.ses of the people.

Since the Revolution of July and the Presidency of Jackson gave the impulse which has made democracy preponderate, the ablest political writers, Tocqueville, Calhoun, Mill, and Laboulaye, have drawn, in the name of freedom, a formidable indictment against it. They have shown democracy without respect for the past or care for the future, regardless of public faith and of national honour, extravagant and inconstant, jealous of talent and of knowledge, indifferent to justice but servile towards opinion, incapable of organisation, impatient of authority, averse from obedience, hostile to religion and to established law. Evidence indeed abounds, even if the true cause be not proved. But it is not to these symptoms that we must impute the permanent danger and the irrepressible conflict. As much might be made good against monarchy, and an unsympathising reasoner might in the same way argue that religion is intolerant, that conscience makes cowards, that piety rejoices in fraud. Recent experience has added little to the observations of those who witnessed the decline after Pericles, of Thucydides, Aristophanes, Plato, and of the writer whose brilliant tract against the Athenian Republic is printed among the works of Xenophon. The manifest, the avowed difficulty is that democracy, no less than monarchy or aristocracy, sacrifices everything to maintain itself, and strives, with an energy and a plausibility that kings and n.o.bles cannot attain, to override representation, to annul all the forces of resistance and deviation, and to secure, by Plebiscite, Referendum, or Caucus, free play for the will of the majority. The true democratic principle, that none shall have power over the people, is taken to mean that none shall be able to restrain or to elude its power. The true democratic principle, that the people shall not be made to do what it does not like, is taken to mean that it shall never be required to tolerate what it does not like. The true democratic principle, that every man's free will shall be as unfettered as possible, is taken to mean that the free will of the collective people shall be fettered in nothing. Religious toleration, judicial independence, dread of centralisation, jealousy of State interference, become obstacles to freedom instead of safeguards, when the centralised force of the State is wielded by the hands of the people. Democracy claims to be not only supreme, without authority above, but absolute, without independence below; to be its own master, not a trustee. The old sovereigns of the world are exchanged for a new one, who may be flattered and deceived, but whom it is impossible to corrupt or to resist, and to whom must be rendered the things that are Caesar's and also the things that are G.o.d's. The enemy to be overcome is no longer the absolutism of the State, but the liberty of the subject.

Nothing is more significant than the relish with which Ferrari, the most powerful democratic writer since Rousseau, enumerates the merits of tyrants, and prefers devils to saints in the interest of the community.

For the old notions of civil liberty and of social order did not benefit the ma.s.ses of the people. Wealth increased, without relieving their wants. The progress of knowledge left them in abject ignorance. Religion flourished, but failed to reach them. Society, whose laws were made by the upper cla.s.s alone, announced that the best thing for the poor is not to be born, and the next best, to die in childhood, and suffered them to live in misery and crime and pain. As surely as the long reign of the rich has been employed in promoting the acc.u.mulation of wealth, the advent of the poor to power will be followed by schemes for diffusing it. Seeing how little was done by the wisdom of former times for education and public health, for insurance, a.s.sociation, and savings, for the protection of labour against the law of self-interest, and how much has been accomplished in this generation, there is reason in the fixed belief that a great change was needed, and that democracy has not striven in vain. Liberty, for the ma.s.s, is not happiness; and inst.i.tutions are not an end but a means. The thing they seek is a force sufficient to sweep away scruples and the obstacle of rival interests, and, in some degree, to better their condition. They mean that the strong hand that heretofore has formed great States, protected religions, and defended the independence of nations, shall help them by preserving life, and endowing it for them with some, at least, of the things men live for. That is the notorious danger of modern democracy.

That is also its purpose and its strength. And against this threatening power the weapons that struck down other despots do not avail. The greatest happiness principle positively confirms it. The principle of equality, besides being as easily applied to property as to power, opposes the existence of persons or groups of persons exempt from the common law, and independent of the common will; and the principle, that authority is a matter of contract, may hold good against kings, but not against the sovereign people, because a contract implies two parties.

If we have not done more than the ancients to develop and to examine the disease, we have far surpa.s.sed them in studying the remedy. Besides the French Const.i.tution of the year III., and that of the American Confederates,--the most remarkable attempts that have been made since the archons.h.i.+p of Euclides to meet democratic evils with the antidotes which democracy itself supplies,--our age has been prolific in this branch of experimental politics.

Many expedients have been tried, that have been evaded or defeated. A divided executive, which was an important phase in the transformation of ancient monarchies into republics, and which, through the advocacy of Condorcet, took root in France, has proved to be weakness itself.

The const.i.tution of 1795, the work of a learned priest, confined the franchise to those who should know how to read and write; and in 1849 this provision was rejected by men who intended that the ignorant voter should help them to overturn the Republic. In our time no democracy could long subsist without educating the ma.s.ses; and the scheme of Daunou is simply an indirect encouragement to elementary instruction.

In 1799 Sieyes suggested to Bonaparte the idea of a great Council, whose function it should be to keep the acts of the Legislature in harmony with the const.i.tution--a function which the _Nomophylakes_ discharged at Athens, and the Supreme Court in the United States, and which produced the Senat Conservateur, one of the favourite implements of Imperialism.

Sieyes meant that his Council should also serve the purpose of a gilded ostracism, having power to absorb any obnoxious politician, and to silence him with a thousand a year.

Napoleon the Third's plan of depriving unmarried men of their votes would have disfranchised the two greatest Conservative cla.s.ses in France, the priest and the soldier.

In the American const.i.tution it was intended that the chief of the executive should be chosen by a body of carefully selected electors. But since, in 1825, the popular candidate succ.u.mbed to one who had only a minority of votes, it has become the practice to elect the President by the pledged delegates of universal suffrage.

The exclusion of ministers from Congress has been one of the severest strains on the American system; and the law which required a majority of three to one enabled Louis Napoleon to make himself Emperor. Large const.i.tuencies make independent deputies; but experience proves that small a.s.semblies, the consequence of large const.i.tuencies, can be managed by Government.

The composite vote and the c.u.mulative vote have been almost universally rejected as schemes for baffling the majority. But the principle of dividing the representatives equally between population and property has never had fair play. It was introduced by Thouret into the const.i.tution of 1791. The Revolution made it inoperative; and it was so manipulated from 1817 to 1848 by the fatal dexterity of Guizot as to make opinion ripe for universal suffrage.

Const.i.tutions which forbid the payment of deputies and the system of imperative instructions, which deny the power of dissolution, and make the Legislature last for a fixed term, or renew it by partial re-elections, and which require an interval between the several debates on the same measure, evidently strengthen the independence of the representative a.s.sembly. The Swiss veto has the same effect, as it suspends legislation only when opposed by a majority of the whole electoral body, not by a majority of those who actually vote upon it.