Further Reflections on the Revolution in France. Edmund Burke
Читать онлайн книгу.
which makes us prompt to wrong and violence, destroys our social nature, and transforms us into something little better than the description of wild beasts. To men so degraded, a state of strong constraint is a sort of necessary substitute for freedom; since, bad as it is, it may deliver them in some measure from the worst of all slavery—that is, the despotism of their own blind and brutal passions.
You have kindly said, that you began to love freedom from your intercourse with me. Permit me then to continue our conversation, and to tell you what the freedom is that I love, and that to which I think all men entitled. This is the more necessary, because, of all the loose terms in the world, liberty is the most indefinite. It is not solitary, unconnected, individual, selfish liberty, as if every man was to regulate the whole of his conduct by his own will. The liberty I mean is social freedom. It is that state of things in which liberty is secured by the equality of restraint. A constitution of things in which the liberty of no one man, and no body of men, and no number of men, can find means to trespass on the liberty of any person, or any description of persons, in the society. This kind of liberty is, indeed, but another name for justice; ascertained by wise laws, and secured by well-constructed institutions. I am sure that liberty, so incorporated, and in a manner identified with justice, must be infinitely dear to every one who is capable of conceiving what it is. But whenever a separation is made between liberty and justice, neither is, in my opinion, safe. I do not believe that men ever did submit, certain I am that they never ought to have submitted, to the arbitrary pleasure of one man; but, under circumstances in which the arbitrary pleasure of many persons in the community pressed with an intolerable hardship upon the just and equal rights of their fellows, such a choice might be made, as among evils. The moment will is set above reason and justice, in any community, a great question may arise in sober minds, in what part or portion of the community that dangerous dominion of will may be the least mischievously placed.
If I think all men who cultivate justice, entitled to liberty, and, when joined in states, entitled to a constitution framed to perpetuate and secure it, you may be assured, sir, that I think your countrymen eminently worthy of a blessing which is peculiarly adapted to noble, generous, and humane natures. Such I found the French, when, more than fifteen years ago, I had the happiness, though but for too short a time, of visiting your country; and I trust their character is not altered since that period.
I have nothing to check my wishes towards the establishment of a solid and rational scheme of liberty in France. On the subject of the relative power of nations, I may have my prejudices; but I envy internal freedom, security, and good order, to none. When, therefore, I shall learn that, in France, the citizen, by whatever description he is qualified, is in a perfect state of legal security, with regard to his life, to his property, to the uncontrolled disposal of his person, to the free use of his industry and his faculties: When I hear that he is protected in the beneficial enjoyment of the estates to which, by the course of settled law, he was born, or is provided with a fair compensation for them; that he is maintained in the full fruition of the advantages belonging to the state and condition of life in which he had lawfully engaged himself, or is supplied with a substantial, equitable, equivalent: When I am assured that a simple citizen may decently express his sentiments upon public affairs, without hazard to his life or safety, even though against a predominant and fashionable opinion: When I know all this of France, I shall be as well pleased as every one must be, who has not forgot the general communion of mankind, nor lost his natural sympathy, in local and accidental connexions.
If a constitution is settled in France upon those principles, and calculated for those ends, I believe there is no man in this country whose heart and voice would not go along with you. I am sure it will give me, for one, a heartfelt pleasure when I hear that, in France, the great public assemblies, the natural securities for individual freedom, are perfectly free themselves; when there can be no suspicion that they are under the coercion of a military power of any description; when it may be truly said, that no armed force can be seen, which is not called into existence by their creative voice, and which must not instantly disappear at their dissolving word; when such assemblies, after being freely chosen, shall proceed with the weight of magistracy, and not with the arts of candidates; when they do not find themselves under the necessity of feeding one part of the community at the grievous charge of other parts, as necessitous as those who are so fed; when they are not obliged (in order to flatter those who have their lives in their disposal) to tolerate acts of doubtful influence on commerce and on agriculture; and for the sake of a precarious relief, under temporary scarcity, to sow (if I may be allowed the expression) the seeds of lasting want; when they are not compelled daily to stimulate an irregular and juvenile imagination for supplies, which they are not in a condition firmly to demand; when they are not obliged to diet the state from hand to mouth, upon the casual alms of choice, fancy, vanity, or caprice, on which plan the value of the object to the public which receives, often bears no sort of proportion to the loss of the individual who gives; when they are not necessitated to call for contributions to be estimated on the conscience of the contributor, by which the most pernicious sorts of exemptions and immunities may be established, by which virtue is taxed and vice privileged, and honour and public spirit are obliged to bear the burdens of craft, selfishness, and avarice; when they shall not be driven to be the instruments of the violence of others from a sense of their own weakness, and from a want of authority to assess equal and proportioned charges upon all, they are not compelled to lay a strong hand upon the possessions of a part; when, under the exigencies of the state (aggravated, if not caused, by the imbecility of their own government, and of all government), they are not obliged to resort to confiscation to supply the defect of taxation, and thereby to hold out a pernicious example, to teach the different descriptions of the community to prey upon one another; when they abstain religiously from all general and extra-judicial declarations concerning the property of the subject; when they look with horror upon all arbitrary decisions in their legislative capacity, striking at prescriptive right, long undisturbed possession, opposing an uninterrupted stream of regular judicial determinations, by which sort of decisions they are conscious no man’s possession could be safe, and individual property, to the very idea, would be extinguished; when I see your great sovereign bodies, your now supreme power, in this condition of deliberative freedom, and guided by these or similar principles in acting and forbearing, I shall be happy to behold in assemblies whose name is venerable to 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