Front Page Titles (by Subject) NO. 75. SATURDAY, MAY 5, 1722. Of the Restraints which ought to be laid upon publick Rulers. (GORDON) - Cato's Letters, vol. 3 March 10, 1722 to December 1, 1722 (LF ed.)
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NO. 75. SATURDAY, MAY 5, 1722. Of the Restraints which ought to be laid upon publick Rulers. (GORDON) - John Trenchard, Cato’s Letters, vol. 3 March 10, 1722 to December 1, 1722 (LF ed.) 
Cato’s Letters, or Essays on Liberty, Civil and Religious, and Other Important Subjects. Four volumes in Two, edited and annotated by Ronald Hamowy (Indianapolis: Liberty Fund, 1995). Vol. 3.
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NO. 75. SATURDAY, MAY 5, 1722. Of the Restraints which ought to be laid upon publick Rulers. (GORDON)
After all that has been said of arbitrary power, and of its hideous nature and effects, it will fall properly in, to say something here of the restraints which all wise and fortunate nations ought to put, and have ever put, upon their magistrates. This is what I promised nine months ago to do; and this is what I propose to do in this letter and the following.
No wise nation in the world ever trusted to the sole management, mere mercy, and absolute discretion of its own magistrates, when it could help doing it; and no series of magistrates ever had absolute power over any nation, but they turned the same to its ruin, and their own wild gratifications and ill-judged profit. As long as the passions of men govern them, they will always govern by their passions, and their passions will always increase with their power. And therefore, whenever a whole people, or any part of them, cross the passions of any man that governs them, he will turn his passions against a whole people, or any number of them that offend him, and will destroy a whole people, rather than stifle his passions. This is evident in ten thousand instances; and the publick will ever, and certainly, be sacrified to private lust, when private lust governs the publick. Nothing but fear and selfish considerations can keep men within any reasonable bounds; and nothing but the absence of fear can set men at defiance with society, and prompt them to oppress it. It was therefore well judged of the Spartan Ephori, when they erected an altar to Fear, as the most proper divinity to restrain the wild ambition of men, and to keep theirkings within the confines of their duty.
A nation has but two sorts of usurpation to fear; one from their neighbours, and another from their own magistrates: Nor is a foreign usurpation more formidable than a domestick, which is the most dangerous of the two, by being hardest to remove; and generally stealing upon the people by degrees, is fixed before it is scarce felt or apprehended: Like wild beasts in a wood, beset with toils as yet unseen by them, they think themselves free; but striving to escape, find themselves caught in the chains, which had long been preparing for them, and stealing upon them. Besides, for one people undone by foreign invaders, ten have been undone by their own native rogues, who were entrusted to defend them; but instead of it, either betrayed them to these invaders, or seized traitorously for themselves those rights which they were sworn to preserve for others; and then, by oppression and cruelty, and the other consequences of their treachery, reduced them to an utter disability of defending themselves against any invasion whatsoever.
What has made Italy and Asia deserts, and their remaining inhabitants starving and contemptible cowards? Not the inundation of barbarous nations; though that inundation was owing to the weakness of the inhabitants, weakened and undone by their base and tyrannical governors: But they have been made deserts by the continued depredations of their execrable princes, who have acted as if they had been scythes in the hand of Satan to mow down the race of men. There is a certain old Italian tyrant, now living, who, though he has by studied rapine converted into a wilderness a country which nature has made a paradise, yet is not weary nor ashamed of his rapine, but goes on to suck and squeeze the remaining blood of his ghostly subjects; and next to his visiting seven altars a day (a way which he has of compounding with God for being a pestilent tyrant to his creatures), I say, his only employment, besides this his devout and impudent mockery of God, is to sit contriving with his faithful ministry, which of his subjects may probably be worth a hundred pounds, and how to cheat him or rob him of that hundred pounds.
This same grand prince has now scarce any other business for his soldiers, but that of employing them directly against his own people; nor are they fit for any other employment; for one English regiment would beat seven of his. So that his paltry forces, many of them, are placed upon his frontiers, not to defend him from an invasion, a task which they are not equal to, but to keep his wretched subjects from running away from famine and his government. A relief which is however barbarously denied them by this old polite tyrant! They must stay and perish under him; nor will he suffer them to seek elsewhere that support of life, of which his diabolical government deprives them at home; as if when he had robbed them of their labour and their life, he also wanted their skins.
There is not upon earth a nation, which having had unaccountable magistrates, has not felt them to have been crying and consuming mischiefs. In truth, where they are most limited, it has been often as much as a whole people could do to restrain them to their trust, and to keep them from violence; and such frequently has been their propensity to be lawless, that nothing but violence, and sometimes nothing but a violent death, could cure them of their violence. This evil has its root in human nature; men will never think they have enough, whilst they can take more; nor be content with a part, when they can seize the whole. We are, indeed told of some absolute princes, who have been very good men and no oppressors. But the nature of their power rendered their good qualities almost useless, and gave to others an opportunity of doing in their name, and by their authority, mischiefs which perhaps they themselves abhorred. Besides, in any series of arbitrary princes upon earth, scarce out of ten can one be named who was tolerable, and who either did not himself prove an inhuman tyrant, or suffered his ministers to be so: And when an absolute prince has had great parts, they generally went to his grave with him, and scarce ever proved hereditary. In truth, the children of great princes have almost always proved very unlikethem.
I own, the first of the line has sometimes acted plausibly, and gained, by doing so, dangerous credit and popularity. But if he were an angel, he is never to be forgiven, because it is out of his power what his successor shall prove. The crocodile's egg does no mischief whilst it continues an egg; but out of it is hatched a crocodile, and by it the cursed race of destroyers is continued. D. Heinsius says very justly, Nec unquam servitus, ne speciosa quidem, legit quibus serviat, sed accipit. “The most plausible slavery is attended with this eternal misfortune, that it has no choice of a master, but must accept of a master, such a chance sends.” Vespasian left to the Romans for their prince the beneficent Titus; but he also left them the raging and bloody Domitian.
If Julius Caesar and Augustus had been really gods, as their flatterers made them; yet their leaving behind them such a race of successors (who proved a race of daemons) entitles them to the characters of detestable tyrants to all eternity. Tiberius, Caligula, Claudius, and Nero, were the precious and bloody blessings which these beneficent princes left! Names universally abhorred, whilst those of Caesar and Augustus are generally adored: And yet to Caesar and Augustus were mankind indebted for these pests of mankind: Nor were they so great pests as were Caesar and Augustus, who did much more mischief, and destroyed the world more than either Nero or Caligula, besides leaving themto destroy it still further.
People rarely think of this, but it is literally true. What! will some say, the generous Caesar and the mild Augustus do more mischief than the wild Caligula and the savage Nero! Yes, fifty to one: Nero destroyed his twenties, Caesar and Augustus their twenty thousands; and for Nero, we may thank Julius and Augustus. Tiberius, Caligula, Claudius, and Nero, took Rome chiefly for the scene of their cruelty, and destroyed many great and good men, some out of wantonness, and more out of jealousy: But Caesar and Augustus made Rome and the world their slaughterhouse, and destroyed more great and good men by far than the other four, as butchering monsters as they were: And as to publick rapine and general depopulation, they exceeded them still further. Indeed, as to heroick and diffusive mischief and villainy, the difference between them was as great as between Jack Straw and a late Grand Monarque. The truth is, Caesar and Augustus had art and great qualities, which are far from excusing the evils which they did; and their successors, having all their ambition, but wanting their great qualities and discretion, took the direct road to hatred.
An unrestrained power in one man, or in a few, over all, is such an extravagant deviation from reason and nature, that neither Briareus with his many hands, nor the Hydra with its numerous heads, nor the Centaurs, half man and half beast, were things more unshapen, monstrous, and frightful: Nor would these fictions appear more fabulous and improbable, than such power would be to a free people, who never had heard of it before. What could seem to common sense a wilder chimera, than that one man, not created with features and endowments different from other men, should have a lasting right from his blood, or his pride, or his madness, to domineer over all men, and to rule, kill, starve, famish, banish, and imprison, as many as he pleased?
This power is indeed so monstrous, that it turns men that have it into monsters; and therefore the most amiable and unexceptionable man upon earth is not to be trusted with it. Men change with their stations, and power of any sort rarely alters them for the better; but, on the contrary, has often turned a very good man into a very bad. This shews that men forbear evil, chiefly to avoid the ill consequence of it to themselves, and for want of opportunity and protection; and finding both in power, they prove, by making use of them, that their virtue was only self-love, and fear of punishment. Thus men of the best and brightest characters have often done most mischief, and by well serving their country, have been enabled to destroy it: And they were good and evil from one and the same motive; a passion for themselves, and their own security or glory.
Thus the house of the Medicis, by being very good commonwealth-men, and by serving and obliging almost every family in Florence, gained credit enough by this their generous behaviour, to enslave that great and powerful city. Idque apud imperitos humanitas vocabatur, quod pars servitutis erat. Pericles administered the government of Athens with great sufficiency; but he broke down the fences of its liberty, and ruled arbitrarily all his days. Agathocles fought successfully for the city of Syracuse, and as successfully against it; and having defended the citizens against their enemies, he afterwards shewed himself their greatest, by killing in one great massacre all the chief and best of them, and by crowning himself tyrant over all the rest. Marius and Sulla, Pompey and Caesar, were great and excellent commanders, and conquered many great kings and nations: But they made all the fruits of their victories their own; and from being very good soldiers, made themselves most perniciousand arbitrary magistrates.
Now all these great men derived, from the good which they did, a capacity to do much more evil: So that as a power to do great good, does naturally include in it an opportunity of doing much evil; so those who are in the possession of power, as all magistrates are, ought, above all other men, to be narrowly watched, and checked with restraints stronger than their temptations to break them; and every crime of theirs ought to be more penal, as it is evidently more pernicious, than the same crime in any other sort of men. For, besides that quales in republica principes essent, tales reliquos solere esse cives; that is, that people are generally virtuous or corrupt as their magistrates are; there is something exceeding solemn and important in the nature of this great trust; and accordingly as it is observed or betrayed, a country is happy or miserable: And when any one breach of it passes once off with impunity, another will soon follow it; and in time it will be considered no longer as a trust, but an estate.
So dangerous a thing is an ill precedent, which is often an inlet to an endless train of mischiefs; and so depraved is the nature of man, that we justify ourselves in wickedness by examples that cannot be justified. An action at first reckoned dishonest, by being practised once or twice, becomes unblameable; and that which was at first accounted an extortion, grows by use to be thought but a perquisite. Thus evil is mitigated, nay, cancelled, by repetition, which is a real aggravation of evil; and there are certain rogueries in office, which being long practised, and by many, are at last reckoned as sacred as the trust against which they are committed: A sufficient reason for providing, by great and certain penalties, that none be committed.
G I am, &c.