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Principles of Politics Applicable to a all Governments, trans. Dennis O’Keeffe, ed. Etienne Hofmann, Introduction by Nicholas Capaldi (Indianapolis: Liberty Fund, 2003).

Author: Benjamin Constant
Editor: Etienne Hofmann
Translator: Dennis O’Keeffe
Introduction: Nicholas Capaldi

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BOOK XVI

On Political Authority in the Ancient World

Ch. 1. Why among the ancients political authority could be more extensive than in modern times. 351
Ch. 2. The first difference between the social State of the ancients and that of modern times. 352
Ch. 3. The second difference. 353
Ch. 4. The third difference. 355
Ch. 5. The fourth difference. 358
Ch. 6. The fifth difference. 359
Ch. 7. The result of these differences between the ancients and the moderns. 361
Ch. 8. Modern imitators of the republics of antiquity. 365

chapter one

Why among the Ancients Political Authority Could Be More Extensive Than in Modern Times

Before finishing this work I believe I must resolve a difficulty which perhaps has already struck more than one of my readers. The principles I represent as the basis of all possible freedom today are directly opposed to the principles formerly adopted for political organization by most of the free nations of antiquity. If we except Athens, all the Greek republics submitted individuals to an almost boundless political jurisdiction. It was the same in the great centuries of the Roman Republic. The individual was entirely sacrificed to the collectivity. The ancients, as Condorcet remarks,1 had no notion of individual rights. Men were so to speak just machines, their springs regulated and all their movements directed by the law. Yet it is the ancients who offer us the noblest examples of political freedom history brings down to us. We find among them the model of all the virtues which the enjoyment of that freedom produces and which it needs for its persistence.

One cannot reread, even today, the beautiful annals of antiquity, one cannot retrace the actions of its great men, without feeling some emotion or other of a profound and special type, which nothing modern makes one experience. The old elements of a nature so to speak earlier than ours seem to reawaken in us at these memories. It is hard not to regret these times, when human faculties were developing in a premapped direction, but on a vast scale, so strong in their own powers, and with such a sense of energy and dignity. When we give in to these regrets, it is impossible [420] not to tend to imitate what we regret. As a result, those who since the Renaissance have striven to draw the human race out of the degradation into which those two linked scourges of superstition and conquest had plunged it, have for the most part believed they had to draw from the ancients the maxims, the institutions, and the practices favorable to freedom. But they failed to recognize many of the differences which, in distinguishing us in essence from the ancients, make almost all their institutions inapplicable to our times. Since this misjudgment contributed more than people think to the misfortunes of the Revolution which signaled the end of the last century, I think I must devote several chapters to bringing out these differences.

chapter two

The First Difference between the Social State of the Ancients and That of Modern Times

It has often been observed that the ancient republics were confined within narrow limits. From this truth has been drawn a consequence which it is not within our brief to examine here, namely that a republic is impossible in a large State.2 But another consequence which has not been drawn seems to me to flow much more naturally from it. This is that States much larger than the ancient republics had to modify in quite different ways the duties of citizens, and that the degree of individual freedom could not be the same in both cases.

Each citizen in the ancient republics, circumscribed by the smallness of their territory, had great personal importance politically. The exercise of political rights there was everybody’s constant enjoyment and occupation. For example, in Athens the whole people took part in trials. Their share of sovereignty was not as in our time an abstract supposition. Their will was a real influence and [421] not susceptible to mendacious falsification and corrupted representation. If political power was oppressive, each citizen consoled himself with the hope of exercising it. Today the mass of citizens is called to exercise sovereignty only in illusory fashion. The people can only be slaves or free; but they are never in charge.

The happiness of the majority no longer rests in the enjoyment of power but in individual freedom. Among the ancients the extension of political power constituted the prerogative of each citizen. In modern times it consists in the sacrifices individuals make.

In the ancient republics, while the exercise of political authority was a right for all, at the same time submission to that fearsome power was also a necessity for all. The people engaged in sovereign debate in the public place. Every citizen was visible and de facto subject to that sovereignty. Today the great States have created a new guarantee, obscurity. This guarantee reduces the dependence of individuals on the nation. Now it is clear, absolutely clear, that a dependence which on the one hand gives less enjoyment and on the other can be avoided more easily is one which cannot last.

chapter three

The Second Difference

A second difference between the ancients and the moderns stems from the very different condition of the human race in these two periods. Formerly small peoples, almost without reciprocal relations, joined battle over a limited territory. These peoples pushed by necessity one against another, fought or threatened each other endlessly. Those who did not want to be conquerors could not put down the sword for fear of being conquered. They bought their security, independence, their lives at the price of war. Though history presents us alongside these small nations with some large trading or peaceful nations, such nations are much less well known than the warlike ones. We see Egypt only through the mendacious accounts of its priests, distorted further by the exaggerations of [422] Greek credulity. On the Phoenicians we possess only a few geographical data. We follow their sea journeys on the map. We speculate which shores they touched upon. We know almost nothing, however, about their institutions, mores, or internal life. The Athenians are the only people of antiquity who are not exclusively warlike and about whom history nevertheless bequeaths us some precise details. Moreover, Athens differed much less from today’s societies than did other small peoples of the same period. By a remarkable singularity, however, those who offer us antiquity as a model choose by preference exclusively bellicose peoples like the Spartans and the Romans. This is because only these nations lend support to their theoretical view-point, only they brought together great political freedom and an almost total absence of individual freedom.3

Our world is precisely the opposite of the ancient one. Everything in antiquity related to war. Today everything is reckoned in terms of peace. In former times each people was an isolated family, born hostile to other families. Now a mass of people lives under different names and divers modes of social organization, but homogenous by nature. It is civilized enough to find war burdensome; it is strong enough not to need to fear invasion by still barbarian hordes, relegated to the very ends of its territory. Its tendency is uniformly toward peace. The warlike tradition, a legacy of remote times, plus crimes and mistakes by governments, born of violence, retarded the effects of this tendency. It makes more progress every day, however. People still fight today. Powerful men usually learn social enlightenment more slowly than those they govern. They twist their governance to favor their prejudices. Governments sometimes have a passion for war; the governed no longer do. Even governments seek justification for it. They no longer profess love of conquest, nor hope of personal glory by feats of arms. We made this point before.4 No Alexander would dare to propose to his subjects, straightforwardly, the invasion of the world, and Pyrrhus’s speech to Cyneas5 [423] would seem to us the height of insolence and folly. Today a government which spoke of military glory as an end would be failing to recognize and scorning the spirit both of nations and our era. It would be wrong by a thousand years, and even if it were successful at first, it would be curious to see which would win this strange wager between our century and this government. War no longer exists as a purpose but only as a means. Peace and with peace affluence and to gain affluence production: such are the sole purposes to which the human race now aspires. Civilized peoples battle only because wrong views and false reckoning make them see rivals where they should see only emulators and also persuade them that to weaken their competitors is to strengthen themselves while to ruin them is to enrich themselves. This mistake changes nothing, however, deep down in their character. To the degree the character of the ancients was warlike, ours is pacific. For them a successful war was an infallible source of wealth for individuals. For us a successful war always costs more than it is worth. The outcomes of wars are no longer the same. There is no longer any question of invading entire countries in order to reduce their inhabitants to slavery and to divide up their lands.

In ordinary wars, the frontiers of large States or their distant colonies can fall to the power of the enemy. The center stays intact and apart from some pecuniary sacrifices it continues to enjoy the advantages of peace. Even when extraordinary circumstances and motives which stir up all the abysses of the human heart make hatred more inveterate and hostility more violent, as for example during the French Revolution, the fate of conquered countries is still in no way comparable [424] to what it was in antiquity. Now the restrictions on political power are necessarily different in a habitual state of war.

War demands more extensive public force than peace does and force of a different order. The public force necessary for peace is entirely negative, namely public safeguards. War needs active force. The discipline it brings in informs all other institutions. To succeed war needs common action. In peace each man needs only his work, efforts, and individual resources. It is as a collective being that a people profits from the fruits of war. Each man enjoys separately those of peace and enjoys them in a way all the more complete in its being more independent. The purpose of war is fixed: victory, conquest. This purpose is always manifest to interested parties. It joins them, enchains them, makes of their efforts, plans, and wills an indivisible whole. Peace presents no precise purpose. It is a condition in which each person freely forms projects, meditates on his means, gives play to his personal plans. Warrior peoples must consequently bear the pressure of political power more readily than pacific peoples. The purpose of the free institutions of the former is to prevent usurpers from seizing political power, the property of the whole mass. The latter wish in addition to limit power in itself, so that it does not bother either their economic reckonings or their rights. The former say to governments, lead us to victory, and to assure it to us, subject us to severe disciplinary laws. The latter tell them, guarantee us against violence and do not interfere with us.

chapter four

The Third Difference

In the third place, none of the republics people have wanted us to imitate was commercial. The limits of this work prevent us from citing all the causes which constituted obstacles to the progress of commerce among the ancients. Ignorance of the compass forced them not to lose sight of the coast during their navigations more than was [425] absolutely necessary. To go beyond the columns of Hercules, that is, pass through the Strait of Gibraltar, was considered the most audacious venture. The Phoenicians and Carthaginians, the most skillful navigators among the ancients, did not dare to till very late and for long had no imitators. In Athens, which as we will say below was the most commercial republic of antiquity, the maritime rate of interest was about 60 percent, while the ordinary rate was only 12 percent, so much did the idea of long-distance navigation imply danger.

Religious prejudices were opposed to maritime trade among several peoples of antiquity. For example, there was the horror of the sea among the Egyptians, as still today among the Indians, whereby sacred rites forbade the lighting of fire on the ocean, thus preventing all long-range navigation, because food cannot be cooked. Independently of these factual proofs, simple reasoning suffices to show that war must have come before trade. The one and the other are only different means of reaching the same end, which must forever be man’s end, that is, to assure oneself the possession of what seems desirable. Trade is only homage made to the power of him who has what we would like to seize. It is the desire to get by mutual agreement what we no longer hope to take away forcibly. A man who was always the strongest would never have the idea of trade. It is experience, which, proving to man that war, that is, the use of force against the force of other people, is exposed to divers opposing checks and failures, brings him to resort to trade, that is, to a gentler and surer way of engaging the interest of others so that they consent to what suits one’s interest. War is therefore older than trade. The one is an impulsion, the other a calculation. The spirit of modern peoples is essentially commercial. Trade makes a large extension of political power at once more harassing and easier to evade: more harassing, since trade casts greater variety into men’s economic dealings, and government has to multiply its activities to get at these dealings in all their manifestations; easier to elude because trade, [426] changing the nature of property, makes this part of human existence, a part which soon becomes its most important one, almost untouchable by government. Trade gives to property the new quality of mobility. Without mobility property is only a usufruct. Government can always exert an influence on a usufruct, since it can take away one’s right of possession. Mobility, however, puts an invisible and invincible block on this boundless power of government. The effects of trade extend further still. Not only does it free individuals from the tyranny of communal government, but by creating credit it subjects communal government in some respects to individuals. It has very often been remarked that money is despotism’s main weapon but also its most powerful brake. Credit subjected to public opinion makes those who govern dependent on the governed. Force is pointless. Money hides or flees. All the State’s operations are suspended. In antiquity credit did not have the same influence.6 A deficit of sixty million made the French Revolution. A deficit of six hundred million under Vespasian did not shake the empire in the least.7

Thus governments in antiquity were necessarily stronger than individuals. Individuals are today stronger than their governments.8

Trade has another effect. In antiquity each citizen saw not only his affections but his interests and his fate bound up in his country’s lot. His patrimony was ravaged if the enemy won a battle. A public reversal removed him from the rank of free man, condemning him to slavery. No one had the means of moving his wealth. In [427] modern nations, thanks to trade, individuals shape their own futures, despite events. They move their assets far away; governments cannot penetrate their transactions; they take along with them all the comforts of private life. Moreover, in antiquity war isolated nations. Their mores were different, their dispositions savage, and expatriation almost impossible.9 Trade has brought nations together, giving them almost the same mores and habits. Their leaders may be enemies, but the peoples are compatriots. Trade has modified even the nature of war. Trading nations were in the past always subjugated by warrior peoples. Now they resist the latter successfully.10 Carthage struggling against Rome in antiquity was bound to fail; the weight of things was against her. If the struggle between Rome and Carthage happened today, however, Carthage would enjoy the best wishes of all the peoples. She would have for allies the outlook and the mores of the century. Just as war, as we have already shown, favors a vast extension of political power, so trade is favorable to individual freedom.11

This observation is borne out, even when applied to contemporary nations. People in Athens enjoyed an individual freedom much greater than in Sparta, because Athens was at once warlike and commercial12 and Sparta was exclusively warlike. This difference makes itself felt under all forms of political organization. Under despotism, as under freedom, war gathers men around government, trade isolates them from it.

[428] If we could enter here into historical details, we would show how among the Athenians trade had made the most essential differences between the ancient and modern peoples disappear. The outlook of the Athenian traders was like the outlook of ours. During the Peloponnesian War they withdrew their holdings from the Athenian mainland and sent them to the islands of the archipelago.13 Trade had created circulation between them. They understood the use of bills of exchange.14 From this, because it is all connected, flowed a vast softening in manners, more indulgence toward women,15 more hospitality to strangers,16 and an exceeding love of individual freedom. In Sparta, says Xenophon,17 citizens run when the magistrate calls them. In Athens a rich man would be in despair if anyone thought he was subservient to the magistrate. If the completely modern character of the Athenians has not been remarked on enough, this is because the general spirit of the age influenced philosophers, and they always wrote in an inverse direction from the national mores.

chapter five

The Fourth Difference

Fourthly, the universal practice of slavery among the ancients lent their mores something severe and cruel which made it easy for them to sacrifice the gentle affections to political interests. The existence of the slaves, that is, of a class of men who enjoy none of the rights of humanity, changes absolutely the character of the peoples among whom that class exists. The inevitable consequence of slavery is the weakening of pity, of sympathy for pain. The slave’s pain is a resource for the owner. At equal levels of civilization, a nation which has slaves must be much less compassionate than one which does not. Antiquity, even among the most orderly peoples, and the individuals most distinguished by their [429] rank, elevation, and enlightenment, supplies us with numerous and almost incredible examples of inhumanity inspired in the master by his untrammeled power over the enslaved.18 Reading the address by Lysias,19 we can scarcely conceive a social condition so ferocious that such an address could actually be articulated. Two men have bought a slave girl destined for their common pleasure, an initial outrage against decency and nature. She becomes fond of one to the other’s disadvantage. The latter comes before the judges, demanding publicly from the court his share of the slave whom he has legitimately bought. To establish the facts he alleges, he demands that she be subjected to torture, waxing indignant that his opponent objects to this, and seeing nothing in his objections save the illegal refusal of a litigant of bad faith perfidiously repudiating the best way of bringing out the truth. The torments of the slave, the profanation of everything holy in humanity and love, the horrible mix of torture and pleasures, which would revolt any modern mind, count for nothing, either with him who makes this shameful demand, or the judges to whom he appeals, or the spectators who listen to him, or Lysias, who cold-bloodedly composes a harangue in support of this claim.

The absence of slavery joined to the progress of civilization has given us more human mores. Cruelty, even to further our interest, has become generally alien. Abstract reasoning and the public good have made it impossible for us.

chapter six

The Fifth Difference

Lastly, mankind has not aged by more than twenty centuries without changes in character. The ancients were right in the youth [430] of moral life. The moderns are in its maturity or perhaps its old age. This observation can be proved, if need be, by simple examination of ancient writings. Their poetry is all of a kind and direct. Their poets’ enthusiasm is true, natural, complete. Modern poets are always trailing some ulterior motive or other drawing on experience and destroying enthusiasm. We might say they fear to seem dupes and rather than lending themselves to an irresistible impulse, these are men who pore over the poetry with their readers. The first condition of enthusiasm is not to observe oneself too knowingly, but the moderns never stop observing themselves, even in the midst of their most sensitive or violent impulses.

The word “illusion” has no equivalent in any ancient language because the word comes into being only when the thing no longer exists. The philosophy of the ancients is exalted even when it claims to be abstract. Modern philosophy is always dry, even when it strives to be exalted. There is poetry in the philosophy of the ancients and philosophy in the poetry of the moderns. Ancient historians believe and affirm; modern historians analyze and doubt. The ancients had complete conviction about everything. We have almost none save about the hypocrisy of conviction. Now, nothing is isolated in nature. Literature always bears the impress of the general character. Less worn out by civilization, the ancients had more vivacious impressions of things. Their warlike habits inspired in them great activity, profound confidence in their strength, scorn for death, a standard indifference to pain, and therefore greater devotion, energy, and nobility. The moderns, wearied by experience, have a sadder and thereby more delicate sensibility, a more habitual openness to emotion. Egoism itself, which mingles in with this faculty of emotion, can corrupt but not destroy it. To resist the power which suffering has over us, we are forced to avoid the sight of it. The ancients faced it without fear and tolerated it without pity. A woman of very superior intelligence has very wisely remarked how much less refinement there was in the sensibility of the ancients than in ours, by comparing [431] Racine’s Andromache with Virgil’s, though the latter is incontestably the most sensitive of the ancient poets.20 Writers who have come after her and copied her without acknowledgment,21 have attributed the difference to religious causes. This is an inversion of the ideas. This difference makes itself felt in religion as elsewhere. Religion is not its cause, however. Its cause lies in the progress of civilization, which gentles the character by weakening it, and which, making domestic relations safer, less menaced, less interrupted, thereby makes of them a more constant and intimate part of human life. The ancients, like children, believed docilely, and listened with respect. They could accept without repugnance a whole ensemble of institutions made up of traditions, precepts, usages, and mysterious practices as much as from positive laws. The moderns have lost the ability to believe for a long time and without analysis. Doubt is endlessly at their shoulder. It weakens the force even of what they do take on. The lawmaker cannot speak to them as a prophet. He makes positive laws for them to give their existence security. They cannot be dominated, however, except by habit. Every advance in life gives preeminence to a different faculty, among nations as among individuals. Imagination was dominant among the ancients as reason is with us. Now imagination runs to meet what one wishes to persuade it of. Reason waits and rejects, and even when it yields does so only reluctantly. From this results a truth whose consequences are as important as they are extensive. Nothing was easier than recasting ancient peoples by their institutions. Nothing would be more impossible than treating modern peoples this way. Among the ancients an institution was effective the moment it was set up. An institution among the moderns is effective only when it has become a habit. In the remote times of antiquity peoples had so few habits that they changed names almost as often as rulers. Dionysius of Halicarnassus22 informs us that Italy was designated in succession [432] by six different appellations according to the names of those who seized that country one after another. Leaders of nations and earth’s conquerors, try to designate a street by your name today. All your might will not make people forget their habit and substitute this new name for it.

chapter seven

The Result of These Differences between the Ancients and the Moderns

Because of all these differences, freedom cannot be the same among the moderns as it was among the ancients. The freedom of ancient times was everything which assured the citizens the biggest share in the exercise of political power. The freedom of modern times is everything which guarantees the citizens independence from the government. The character of the ancients gave them above all the need for action, and this need sits very well with a great extension of political power. Moderns need calm and various satisfactions.23 Calm is found only in a small number of laws preventing its being disturbed, satisfactions in an expansive individual freedom. Any legislation demanding the sacrifice of these satisfactions is incompatible with the present state of the human race. In this respect nothing is more curious to observe than the speeches of French demagogues. The wittiest of them, Saint-Just, delivered all his speeches in short sentences, proper to arouse tired souls. And while he seemed to suppose the nation capable of the most painful sacrifices, in his very style he recognized it as incapable even of attention. One must not demand of modern peoples the love and devotion the ancients had for political freedom; it is civil freedom which men in our era cherish above all. This is because not only has civil freedom gained in advantages, owing to the multiplication of private decision making, but political freedom has lost them, owing to the size of societies. The only group among the ancients to demand a sort of individual independence were the philosophers. Their independence, however, was in no sense like personal freedom, which [433] seems desirable to us. Their independence consisted in renouncing all the joys and affections of life. Ours on the contrary is precious to us only in guaranteeing us these joys and permitting us these affections. The progress of mankind resembles the individual’s. The young man believes he loves his country more than his family and sometimes the world more than his country. But as he gets older, the scope of his feelings narrows, and as if warned by instinct of the weakening of his powers, he no longer tires himself loving faraway things. He keeps close to him what remains of his power to feel. Similarly, as the human race ages, home-based affections replace grand political interests. What needs to be done, therefore, is to purchase political freedom as cheaply as possible, that is, to leave as much personal freedom as possible,24 in all its forms, and in every respect. The tolerance of the ancients would not suffice for us, being purely national. Each nation’s religion was respected, but each member of a given State was forced to abide by his country’s religion.25 The religious freedom civilization demands today is of a different kind. It is an individual freedom each man wants to be able to practice privately. Laws on morals, celibacy, or idleness are intolerable. These laws assume a subjugation of the individual to the body politic of a kind we could no longer tolerate.26 Even the laws against begging, however necessary they might be, are difficult and odious to operate, involving something against the grain of our practices.

For the same reason life must not be subject to many shocks. The social ramifications are much greater than before. Even groups which seem to be enemies are joined by imperceptible but indissoluble links. Banishments, confiscations, spoliation by the state, unjust in all eras, have today become absurd and pointless as well. Property, having assumed a much more stable nature and having identified itself more intimately with human existence, demands [434] much more respect and much more freedom. Man having lost in imagination what he has gained in positive knowledge and for this very reason being less given to enthusiasm, legislators no longer have the same power over him. They must renounce any disruption of settled habits, any attempts to affect opinion powerfully. No more Lycurgus, no more Numa, no more Mahomet.27 M. de Pauw’s observations on music apply to legislation. “The most inferior of music,” he says, “produces among barbarian peoples sensations incomparably stronger than the sweetest melody can excite among civilized peoples.” He continues, “The more the Greeks wished to perfect music, the more they saw its marvels weakening.”28 This was precisely because they wished to perfect music, that is to say, were judging it. All their savage ancestors had done was listen to it.29 I would not want to affirm that modern man is not given to enthusiasm for certain viewpoints, but he certainly no longer is for men. The French Revolution is very remarkable in this regard. Whatever one may have been able to say about the inconstancy of the peoples of the ancient republics, nothing compares with the volatility we have witnessed. Study carefully, even in the violence of the best-prepared unrest, the obscure ranks of the blind, submissive populace, and you will see them, just as they are following their leaders, fix their gaze in advance on the moment when the latter must fall. You will spot in their meretricious exaltation a bizarre mix of analysis and mockery. Though they strive to numb themselves by their acclamations, and recoup themselves by their raillery, at the same time they will seem to you to distrust their own conviction, to have a personal presentiment, so to speak, of the time when the prestige will be dissipated. People are astonished that the most marvelous enterprises, the most unexpected successes, prodigious actions of courage and skill, today cause almost no sensation. This is because the good sense of the human race warns it that all this is not done on its behalf. This is governmental display. Since governments alone find [435] pleasure in it, they alone can bear the costs. The activity of those in power has become much less necessary since contentment, for most men, is now based on private relationships. When conditions were essentially warlike, people admired courage particularly, because courage was the most indispensable quality in the leaders of the peoples. Today, conditions being essentially pacific, what those in government are asked for is moderation and justice. When they lavish countless great spectacles of heroism and creation and destruction on us, we are tempted to reply to them: the least grain of benevolence would be far more to our liking. All the moral institutions of the ancients have become inapplicable to us. The institutions I call moral, as opposed to purely political ones, are those which like censorship or ostracism attributed to society, or some number of men or other, a discretionary jurisdiction operating not according to legal and judicial principles but on the vaguely conceived idea of the moral character of certain individuals, of their intentions and of the danger they could pose to the State. I call the practice which made all the citizens of the ancient republics prosecutors a moral institution. This was an honorable function. People sought to distinguish themselves in the pursuit and denunciation of the guilty. In our times the function of the prosecutor is odious. A man would be dishonored if he exercised it without legal remit. All this results from the same cause. Formerly public interest went before safety and individual freedom. Today safety and individual freedom come before the public interest.

Peace, calm, and domestic contentment being the natural and invincible tendency of modern peoples, more sacrifices have to be made for that calm than the ancients made. Disorder is not always incompatible with political freedom, but it always is with civil and individual freedom.

Political freedom offering less satisfaction than formerly and the disorders it can entail being more unbearable, we must conserve only what is absolutely necessary in it. To claim today to console men with political freedom for the loss of their civil freedom is to go in the opposite direction from the present-day spirit of the human race. Far from opposing one of these freedoms to another, [436] we should present the former only as the guarantee of the latter. I would be misunderstood, nevertheless, if it were claimed that arguments against political freedom could be drawn from this conclusion. Many men today would like to draw this inference from it. Because the ancients were free, their inference is that we are destined to be slaves. They would like to constitute the new social State with a small number of elements they claim to be uniquely adapted to the situation of the modern world. These elements are: prejudices to frighten men, greed to corrupt them, frivolity to stupefy them, coarse pleasures to degrade them, despotism to rule them, and, of course, positive knowledge and exact science to serve the despotism more adroitly. It would be bizarre were such to be the end point of forty centuries during which the human race has mastered more moral and physical means. I cannot believe it. The inference I draw from the differences which mark us off from antiquity is absolutely not that we should abolish public safeguards but that we should extend satisfactions. It is not political freedom that I want to renounce, but civil freedom that I am demanding along with other forms of political freedom.

Governments have no more right than before to arrogate to themselves illegitimate power; but legitimate governments have less right than in former times to fetter individual freedom.30 We still possess today the rights we owned at all times, the eternal rights to justice, equality, and safeguards, because these rights are the purpose of human societies. But governments, which are only the means of attaining this purpose, have new duties. The progress of civilization, the changes effected by the centuries in the predisposition of the human race, require of them more respect for the habits and affections, in a word for the independence of individuals. They must handle these sacred things more prudently and more gently every day. [437]

chapter eight

Modern Imitators of the Republics of Antiquity

The truths we have just developed are unrecognized today, as much by the speculative philosophers who during the eighteenth century, it must be added, with a courage worthy of praise, laid claim to the forgotten rights of the human race, as by more hotheaded and less enlightened men, who have wanted to put into practice the principles of these philosophers. From this have followed mistakes and absurdities which seem almost inexplicable to us, in the theorizing of some of our most famous writers. We will cite only one example of these, taken at random.

Ancient legislators had a deep hatred of wealth. Plato refused to give laws to Arcadia solely because of its opulence.31 All the men of government of antiquity saw in poverty the source of all virtue and glory. Modern moralists have copied these maxims. They have not considered that if wealth was corrupting among the warlike people of antiquity, this is because it was the fruit of conquest and pillage which, swiftly penetrating the lands of poor people unused to its possession, soon intoxicated them.

Wealth would become corrupting again, if owing to some violent upsets we fell back again in this respect into the condition of the ancient peoples, that is, if the poor and ignorant class, suddenly seizing the spoils of the educated class, had at their disposal riches they could use only deplorably and coarsely. When wealth is the gradual product of assiduous work and a busy life or when it is transmitted from generation to generation by peaceful possession, far from corrupting those who acquire it or enjoy its use, it offers them new means of leisure and enlightenment and consequently new motives for morality. Because they did not consider differences of period, our moralists have wanted to swim against the current. They have recommended privations to peoples schooled to the imperatives of power and riches and, by a singular contrast, while all the laws were calculated to encourage the acquisition [438] of wealth and discover new sources of it, all the moralizing aimed to present it as a scourge.32

The errors of our philosophers, innocent as long as they were merely theoretical, became terrible in application. During the French Revolution, when the flow of events put in charge of things men who had adopted philosophy in a preconceived way, these men thought they could make public power work as they saw it done in the free States of antiquity. They believed everything must still today yield to collective authority, that private morality must be silent before the public interest, that all the violations of civil liberty would be redressed by the enjoyment of political liberty in its widest sense. But collective authority did nothing but harm individual independence in every sense, without destroying the need for it. Private morality was silent; but since the public interest does not exert the same sway over us as over the ancients, it was to a hypocritical and ferocious egoism that private morality saw itself sacrificed. The great sacrifices, the acts of devotion, the victories won in Greece and Rome by patriotism over the natural affections, served among us as a pretext for letting loose the most unchecked individual passions, in a wretched parody of the most noble examples. Because inexorable but just fathers had once condemned their criminal children, their modern imitators had innocent enemies put to death.33 Lastly, the institutions which in the ancient republics surrounded political freedom, the foundation of civil freedom, with a strong guarantee, resulted only in the violation of civil freedom, without establishing political freedom.

Among the writers of the eighteenth century, there is one above all who has pulled opinion along this mistaken and dangerous course, namely the Abbé de Mably.34 Mably, whom people nicknamed the Spartan, was a pure-hearted man who cherished morality and thought he loved freedom, but was possessed assuredly of the falsest mind and the most despotic outlook ever to exist.35 As soon as he happened [439] upon a vexatious measure, in any country, he thought he had made a discovery and proposed it as a model. He detested most of all individual freedom, and when he came upon a nation which was completely deprived of this, he could not stop himself admiring it, even when it had absolutely no political freedom. He raved over the Egyptians, because he said with them everything was fixed by law. Every moment in the day was filled by some duty. Everything bowed before the legislator’s empire, even relaxation, even necessities. Love itself was subject to this honored intervention, law by turns opening and closing the nuptial bed.36 For some time people have repeated the same absurdities about the Egyptians. We are recommended to imitate a people suffering from a double servitude, pushed back by their priests from the sanctuary of all knowledge, divided into castes of which the lowest was deprived of all the rights of society and of humanity itself, retained by a yoke of iron in an eternal infancy, an immobile mass, equally incapable of educating or defending itself and constantly the prey of the first conqueror who came to invade, I will not say their fatherland, but their territory. These new apologists of Egypt must be recognized as more consistent in their theorizing than the philosophers who have heaped the same eulogies on it. They set no value on freedom, on the dignity of our nature, on the activity of the mind, on the development of the intellectual faculties. They want only to serve despotism, for lack of the ability to possess it.37 If enslaved Egypt seemed to Mably to merit an almost boundless admiration, solely because all individual independence was suppressed there, one can see that Sparta, which brought together the forms of republicanism with the same bondage for individuals, must have excited his even more enthusiastic admiration. This vast monastery seemed to him the ideal of the free republic.38 He had a profound contempt for Athens, and would readily have said of that first nation of Greece, what some grand seigneur or other of an academician said of the academy: What a frightful despotism; everybody does what he likes there! The regret [440] he expresses constantly in his works is that the law can get at actions only. He would have liked it to get at thoughts and the most fleeting impressions, and to pursue man without respite, leaving him no shelter where he could escape its power. He constantly took government for freedom, and all means for extending the action of government over the recalcitrant part of human existence, whose independence he deplored, seemed to him good. Mably is, after Rousseau, the writer who has had the most influence on our Revolution. His austerity, his intolerance, his hatred for all the human passions, his eagerness to enslave them, his excessive principles concerning the jurisdiction of the law, his relentlessness against individual freedom, which he treated as a personal enemy, the difference between what he recommended and what had existed, his ranting against wealth and even against property, all these were bound to please a group of men overheated by their recent victory, men who, conquerors of a power they called law, were very pleased to extend that power over everything. It was weighty authority for them, that a writer with no stake in the question, who always pronounced anathemas against royalty, had, buried away in his study, long before the Revolution, drafted in axiomatic form all the maxims necessary for organizing the most absolute despotism, under the name “republic.” Mably had noticed in antiquity, independently of law proper, what he termed institutions. It would be difficult to define precisely what he understood by this word. It was an ensemble of laws, habits, traditions, and ceremonies, calculated to appeal to the imagination and to lend to established constitutions the support of this vague but irresistible power. Mably did not reflect that the very philosophers of antiquity, who so sang the praises of institutions to us, were mostly speaking of an earlier time, and it was the same with these things as with ghosts. No one has seen any; but everyone has in his family some tale which attests their existence.39 Mably exalted therefore beyond measure the [441] institutions of antiquity and the need to establish ones like them, and our legislators began to establish institutions. But since institutions rest on habits, this was to want to create habits, that is to say, to create a portion of the past. They instituted national holidays, ceremonies, periodic assemblies. Soon it was necessary to require the observance of these fairs, attendance at these assemblies, respect for these ceremonies, under threat of severe penalties. A duty was made of what should be voluntary. Celebration of freedom was surrounded with constraint.40 Those in government were astonished that the decrees of a day did not immediately erase the memories of several centuries. They called habits ill will. The slow, gradual effects of childhood impressions, the direction imprinted on imagination by a long sequence of years, seemed to them acts of rebellion. The law being the expression of the general will, it seemed to them that it should make all other forces give way, even those of memory and time. All these efforts, all this harassment, gave way beneath the weight of their own extravagance. There is no saint so humble in the most obscure hamlet who has not battled successfully against the whole national government, ranged in arms against him. Supporters of all theoretical systems of this kind always mistake effect for cause. Because habits transform themselves into institutions, they think nothing easier than transforming institutions into habits. They want to support all the natural sentiments, honor, patriotism, paternal power, conjugal love, respect for old age, by means of institutions. This is to pursue a course opposite to nature. Institutions have to be created by the spontaneous motion of sentiments. For them to be powerful but not tyrannical, their origin must be lost in the night of time. For their head to reach toward heaven and cover us with its shade, their roots must be hidden in the earth’s bosom. They are useful as a heritage; they are merely oppressive when drafted as laws. Government is in rightful place only when it is a curb. Then none of its actions is worthless. But when it wants to encourage, direct, arouse, and enthuse and comes forward with pretentious talk, always followed with coercive measures, it is ridiculous in failure and despotic in constraint.

[442] One can include under the heading of ill-conceived institutions what some political writers41 have termed penalties for infamy and rewards of honor, isolated, spasmodic attempts, vicious in inspiration, liable to bias and contradiction and irrelevance, by means of which government wishes to put itself in the place of the most easily offended and delicate feelings, believing it can distribute honor and shame at will.

If the penalty for shameful behavior is accompanied by deprivation of certain rights, by exclusion from certain offices, then it becomes a positive punishment, not solely a case of disapprobation. If the honorific rewards the government bestows carry with them an entitlement to certain prerogatives, the rewards are no longer purely honorific. They come into the category of compensation which society can grant for services it has received. Then the vocabulary is inaccurate. But if both of these measures are separated from any drawback or any advantage of a different sort, then that is a nonsense. This is to require the government to play the part of public opinion. Shame diminishes and honor withers, when government arrogates to itself the right to apply them. Human intelligence must be perverted and the most delicate strands of inner feeling ruffled, to make men submit to government in questions pertaining to morality. Consider how under the monarchy itself, at a time when vanity was raised to its highest possible degree of susceptibility by all the artificial means it is in the nature of this government to employ, consider, I repeat, how many useless attempts and proclamations there were by government to stigmatize dueling.

People have often praised the moral effect of Roman censorship. But the censors had legal power and inflicted real punishments. They inflicted them arbitrarily in truth. This arbitrariness was counterbalanced, however, by the simplicity of ancient mores, and by the chance every citizen, as an almost immediate spectator of all the actions of his fellows, had to evaluate the justice of the censors. When these magistrates debarred the dictator Mamercus, who had reduced their terms of office to eighteen months, from entering the Senate, this vengeance excited the indignation of the Senate and the people, and Mamercus was amply compensated by public opinion.42 [443] The fact is, however, that all the fellow citizens of this dictator were gathered together in the same town, and witnesses and judges of the injustice he was experiencing. In a State like France, the power of the censors would be an intolerable tyranny. If the government of a large nation dared to declare, by way of a public act, without trial, that an individual was dishonored, it would not be the individual but this entire nation that this government would be declaring incapable of all sense of honor, and the nation would protest against this decree by not endorsing the government’s decisions.

Censorship degenerated even in Rome, when the size of the Republic, the complexity of social relationships, and the refinements of civilization had taken away from the institution the thing which served it as both a base and a limit. It was not censorship which had created good mores, but the simplicity of the mores which constituted the power and efficacy of censorship.43

In the present state of society, individual relations are made up of fine nuances, changeable and elusive, which would be distorted in a thousand ways if one tried to give them clearer definition. Public opinion alone can affect them. It alone can judge them because its nature is the same. Times of civil upheaval, I must confess, are particularly unfavorable to the power of opinion, which is a kind of moral sense which develops only in tranquillity. It is the fruit of leisure, security, and intellectual independence.

Revolutionary shocks and reactionary excesses make it disappear. Scaffolds, deportations, and massacres leave purely moral nuances powerless. Public opinion can exist only where there remains neither anything despotic nor any political divide. Public opinion and arbitrary power are incompatible. The former must overcome the latter or be suffocated. Divisions on party lines, which make this or that belief the blackest of crimes or the highest of virtues, are destructive of public opinion because its basis is falsified and it follows a totally mistaken direction. In such cases one has to wait and leave things to happen. I would add that the law should be silent, if I did not think that in these circumstances those who make the laws are aiming precisely [444] to falsify public opinion. They prevent man from retiring into himself, from consulting his own heart, from thinking according to his own lights. And as if his self-interest was not enough for them to corrupt him, they also want to stupefy him by giving themselves the false appearance of appealing to his own judgment and reason.

CONSTANT’S NOTES

[1. ]See Constant’s Note A at the end of Book XVI.

[2. ]This was on the other hand the subject of a “grand treatise” on politics, from a work abandoned in 1806, entitled “On the Possibility of a Republican Constitution in a Large Country,” of which only the Fragments remain.

[3. ]See Constant’s Note B at the end of Book XVI.

[4. ]In Book XIII, Ch.1.

[5. ]A reference to the dialogue between King Pyrrhus and his minister Cyneas, related in Plutarch, Vies, t. VI, Pyrrhos-Marius—Lysandre-Sylla. Text edited and translated by Roger Flacelière and Emile Chambry, Paris, Les Belles Lettres, 1971, pp. 43–44. Cyneas asked the king what the latter would do after conquering the Romans. Pyrrhus replied that he envisaged new conquests forever until there were no more peoples to submit. The purpose of the apologue is to show the absurdity of the spirit of conquest.

[6. ]See Constant’s Note C at the end of Book XVI.

[7. ]Charles Ganilh, Essai politique sur le revenu public des peuples de l’antiquité, du moyen-age, des siècles modernes et spécialement de la France et de l’Angleterre, depuis le milieu du XVe siècle jusqu’au XIXe, Paris, Giguet et Michaud, 1806, t. I, pp. 64–65. “When Vespasian mounted the throne, he declared that the state was unsustainable unless a way were found of raising 6,900,000,000.” Hofmann points out that Constant omitted a zero.

[8. ]See Constant’s Note D at the end of Book XVI.

[9. ]See Constant’s Note E at the end of Book XVI.

[10. ]See Constant’s Note F at the end of Book XVI.

[11. ]See Constant’s Note G at the end of Book XVI.

[12. ]See Constant’s Note H at the end of Book XVI.

[13. ]See Constant’s Note I at the end of Book XVI.

[14. ]See Constant’s Note J at the end of Book XVI.

[15. ]See Constant’s Note K at the end of Book XVI.

[16. ]See Constant’s Note L at the end of Book XVI.

[17. ]See Constant’s Note M at the end of Book XVI.

[18. ]See Constant’s Note N at the end of Book XVI.

[19. ]Le quatrième discours Au sujet d’une accusation pour blessures avec préméditation de meurtre. Lysias, Discours, text edited and translated by Louis Gernet and Marcel Bizos, Paris, Les Belles Lettres, 1924, t. I, pp. 80–84.

[20. ]Madame de Staël, De la littérature considérée dans ses rapports avec les institutions sociales, revised, corrected, and enlarged second edition, Paris, Maradan, an IX. Préface de la seconde édition, t. I, pp. 13–14.

[21. ]A reference to François René de Chateaubriand, Génie du christianisme ou beautés de la religion chrétienne, Deuxième partie, Livre II, Ch. 10. In the Paris edition, by Migneret, 1802, t. II, pp. 96–98, Chateaubriand takes up the idea of a comparison, but does not, strictly speaking, plagiarize Mme de Staël.

[22. ]See Constant’s Note O at the end of Book XVI.

[23. ][The French word “jouissances,” which Constant uses, can mean both private pleasures and the enjoyment of property tenures and so on. Translator’s note]

[24. ]See Constant’s Note P at the end of Book XVI.

[25. ]See Constant’s Note Q at the end of Book XVI.

[26. ]See Constant’s Note R at the end of Book XVI.

[27. ]See Constant’s Note S at the end of Book XVI.

[28. ]See Constant’s Note T at the end of Book XVI.

[29. ]See Constant’s Note U at the end of Book XVI.

[30. ]See Constant’s Note V at the end of Book XVI.

[31. ]Hofmann was unable to find a specific passage on Plato’s refusal to give laws to Arcadia, but notes that the philosopher’s contempt for wealth is to be found in Book V of the Laws. The French text he cites is in Oeuvres Complètes, t. XI/2, text edited and translated by Edouard des Places, Paris, Les Belles Lettres, 1951, pp. 99–102.

[32. ]See Constant’s Note W at the end of Book XVI.

[33. ]For these sacrifices of children by their father, see Mme de Staël, Des circonstances actuelles, éd. cit., p. 244.

[34. ]On Mably and his possible influence on the revolutionaries, see the clarifications by Ephraïm Harpaz, “Mably et la postérité,” Revues des sciences humaines, 1954, pp. 25–40; “Mably et ses contemporains,” ibid., 1955, pp. 351–366; “Le social de Mably,” Revue d’histoire économique et sociale, t. XXXIV, 1956, pp. 411–425.

[35. ]See Constant’s Note X at the end of Book XVI.

[36. ]See Constant’s Note Y at the end of Book XVI.

[37. ]See Constant’s Note Z at the end of Book XVI.

[38. ]See Constant’s Note AA at the end of Book XVI.

[39. ]See Constant’s Note BB at the end of Book XVI.

[40. ]Constant himself, as President of the Commune of Luzarches, had scrupulously ensured that the observation of fairs and the revolutionary calendar be respected. See Hofmann’s thesis, Première Partie, Ch. 2, pp. 92–93.

[41. ]See Constant’s Note CC at the end of Book XVI.

[42. ]Aemilius Mamercus, consul and dictator in 438, 437, 433, and 426 , in 433 reduced the term of office of censors from five years to eighteen months. Constant probably got this from Machiavelli, Discours sur la première décade de Tite-Live, Ch. XLIX, in Oeuvres complètes, op. cit., p. 485.

[43. ]See Constant’s Note DD at the end of Book XVI.

[A. [Refers to page 351.]]Mémoires sur l’instruction publique.

[B. [Refers to page 353.]]“In Rome, as in all the Republics of Antiquity, the force of the constitution, that is to say, political freedom, was perpetually altered by individual freedom.” Antoine Ferrand, Esprit de l’histoire, I, 242.44 Gross ignorance; it is precisely the opposite.

[C. [Refers to page 356.]]The public revenue of the ancients, says Ganilh,45 was made up from the work of slaves, the plundering of the conquered, and tribute from subjugated peoples. There was nothing there which could give birth to credit such as we conceive it today, because there was nothing there which depended on the views and the individual confidence of members of the society. This claim is perhaps a bit too general, since the citizens of Athens and Rome, from the time of Servius Tullius, paid taxes on their wealth to the State. But these taxes were nothing compared to what was drawn from allied peoples and the provinces. And the author’s basic outlook is no less true because of that.

[[445] D. [Refers to page 357.]]See on this subject an excellent work which has just appeared. [See Constant’s previous note and also footnote 45.] The differences between our era and antiquity in this regard are perfectly expounded, along with the results of these differences.

[E. [Refers to page 357.]]In Latin the word hostis meant, equally, a stranger or an enemy. Cicero, De Officiis, Liber I.46

[F. [Refers to page 357.]]“In modern wars,” observes Smith, “ the huge expense of firearms gives a great advantage to the nation most in a position to meet this expense and therefore to a civilized and wealthy rather than a poor and barbarous one. In ancient times rich and civilized nations found it difficult to defend themselves against poor and barbarous ones. In modern times poor and barbarous nations find it difficult to defend themselves against civilized and opulent ones.” Richesse des nations, Livre V, Ch. 1.47

[G. [Refers to page 357.]]There are some ingenious ideas on the links between commerce and individual and political freedom, in Walckenaer’s Essai sur l’histoire de l’espèce humaine, pp. 250 onward.48

[H. [Refers to page 357.]]All commodities, says Isocrates, Panégyrique, p. 114, which [446] are dispersed only in small portions in the other markets of Greece, are found together in abundance in the Piraeus.49

[I. [Refers to page 358.]]Xenophon, De la république des Athéniens.50

[J. [Refers to page 358.]]Isocrates recounts in his Trapezeticus that a stranger who had brought corn to Athens presented a bill of exchange drawn on a town in the Euxine from a merchant named Stratocles.51

[K. [Refers to page 358.]]“Provided that peace and friendship continue to reign in the life of the household, there is great respect for the mothers of the family. There is even indulgence of the sins which nature makes them endure, and when they succumb to the irresistible tyranny of the passions, the first weakness is forgiven and the second forgotten.” Xenophon, Dialogue between Hieron and Simonides.52

[L. [Refers to page 358.]]Proofs of this hospitality to be found. Art, industry. The law of Solon. The émigrés who come to Athens with their whole family to establish a trade or a factory, can from that moment be raised to the dignity of citizens. Samuel Petit, [447] Compilation of the Laws of Athens, Livre II, titre III.53 Plutarch, Solon.54

[M. [Refers to page 358.]]Xenophon, Respublica Lacedaemoniorum.55

[N. [Refers to page 358.]]“Cum omnibus horis aliquid atrociter fieri videmus aut audimus, etiam qui natura mitissimi sumus, assiduitate molestiarum sensum omnem humanitatis ex animis amittimus.” Cicero, Pro Roscio.56 Cicero speaks in this passage about the mores of Romans in general. One could apply it, however, to the slave in particular. Everyone knows how little men who have lived for a long time in the colonies are susceptible to pity. Xenophon, his treatise on the Republic of Athens, goes as far as maintaining that people treated the slaves with too much consideration.57

[[448] O. [Refers to page 361.]]Livre I, Ch. 1.58

[P. [Refers to page 362.]]Speaking of republics before and after their corruption, M. de Montesquieu says: “One was free with the laws, and wishes to be so against them.” This could be said in another sense of the ancients and the moderns.

[Q. [Refers to page 362.]]Plato in his tenth book of The Republic upheld as legitimate the accusations of impiety.59 The first philosophers who adopted true principles of tolerance were the neo-Platonists.

[R. [Refers to page 362.]]In Athens the law of Solon against idleness fell rapidly into disuse, as violating the rights of a free people. Freedom consists, Socrates said, in working or not as one wishes.60

[S. [Refers to page 363.]]“Ancient legislators excelled in the formation of public spirit. But their political miracles must be attributed less to the wisdom of some people than to the weakness of others. They were speaking to humanity in its infancy. The modern legislator, [449] relying solely on the authority of reason, may well demand belief, but he cannot enforce it.” Toulongeon, De l’esprit public.61

[T. [Refers to page 363.]]Recherches sur les Grecs. Partie III, 6.62

[U. [Refers to page 363.]]The Athenians, who may be regarded in many respects as moderns in the bosom of antiquity, were of all the Greeks the ones who attached least importance to music. Xenophon tells us in his République d’Athènes63 that they did not set great store by men committed solely to harmony. The fact is that the taste for music is a passion only among simple peoples, not far advanced in civilization. The Athenians, more advanced than any other ancient people, had this taste less than any other; but their philosophers, who, as we have said, wrote endlessly and in the opposite direction from the national mores and inclinations, did not on this account recommend or praise music any the less.64

[V. [Refers to page 365.]]“In the present state of civilization and in the commercial system under which we live, all public power must be limited and an absolute power cannot subsist.” Ganilh, Histoire du revenu public, I, 419.

[[450] W. [Refers to page 366.]]“Greek politicians, who lived under popular government, did not recognize any force other than virtue which could sustain it. Those of today speak only of manufactures and commerce, finance, wealth, and even luxury.” Montesquieu, Esprit des lois, III, 3. He attributes this difference to the republic and the monarchy. It should be attributed to the dissimilar conditions of ancient and modern times.

[X. [Refers to page 367.]]The work of Mably, De la législation ou principes des lois, is the most complete code of despotism imaginable. Combine these three principles: 1. Property is an evil. If you cannot destroy it, weaken its influence in every way. 2. Individual freedom is a scourge. If you cannot annihilate it, restrain it at least as much as possible. 3. Legislative power is unlimited. It should be extended to everything and everything be made to bow before it. You will feel how difficult it is to escape from this terrible combination. So a constitution based on Mably would be the combined one of Constantinople and Robespierre. Here are some axioms transcribed with scrupulous fidelity.65 Control morality, p. 175.66 Do not be frightened of poverty.67 What does it matter if such and such an arrangement makes commerce flourish and doubles the State’s revenues? 176.68 The establishment of property casts you back into an abyss, p. 186.69 [451] What does the population matter? It is more valuable for the human race to have a few virtues than many advantages and to count only a million happy men than a multitude of wretched ones, 187.70 Diminish the State’s finances, 193.71 Forswear all public debt, 197.72 Ban useless arts and impose on the necessary ones a certain coarseness. Extend your sumptuary laws to everything, 199.73 Proscribe commerce. Render its agents vile, 200.74 Prevent selling, the alienation of goods, and wills, 202.75 Set up agrarian laws, ibid.76 Do not allow citizens to go abroad to amass wealth, 203.77 Establish state education and do not tolerate the arbitrary rules the paterfamilias devises for himself in this respect, 278.78 Be in fear of atheists and deists, 286.79 Life imprisonment for the former, 297.80 Do not permit deviation from the official religion, [452] 299.81 Lock up the deists. Instruct them in their prison and, if they are guilty twice of declaring their opinions, life sentence as for atheists, 302.82 Do not allow new religions, nor citizens to profess the traditional one without making use of its official ministers, 310,83 etc.

It will be agreed that it is strange that this should be the writer endlessly quoted in the national forum,84 as a fitting guide for the establishment of freedom. I will add that his historical erudition is as inaccurate as his political principles are wrong and persecutory. He adopts with blind credulity everything the historians have passed on to us on Lycurgus, without stopping for an instant over the difficulties of every kind which surround everything to do with this legislator. He constantly exaggerates the political influence of Sparta on Greece, without taking into account that Athens possessed at least as much influence as Sparta and counting for nothing the disproportion between these two powers. Sparta had a bigger area and more fertile than Athens, Megara, Corinth, Argos, and Sicyon combined. But he did not wish to recognize this disproportion because he needed to cite a great example in favor of the moral institutions of the Spartans. I must say, however, that when Mably leaves his exaggerations to touch upon less vague subjects, he shows a much better wit. In the third book of his Principes des lois, when he is dealing specifically with positive laws, he develops several very just ideas and several very useful truths. His Observations sur l’histoire de France85 are one of the best works on this matter. Even so, I think him one of our writers most full of false notions, ones most dangerous for freedom.

[[453] Y. [Refers to page 367.]]Entretiens de Phocion.86

[Z. [Refers to page 367.]]See the new Essais de morale et de politique87 and L’Esprit de l’histoire by M. Ferrand. “The religious and political laws,” says this latter, “were in perfect agreement with society’s duties. Both took hold of the citizen from the moment of his birth and together educated the man for society. Both followed him through all the jobs and activities of his life, to correct his whims and repress his passions. They inspected and ruled his work and even his pleasures. The Egyptian seemed to be always under this double protection, and this severe social constraint was what assured his freedom. The law assigned each person his job which ran from father to son. This rule perhaps denied Egypt some superior men, but it gave her something more worthwhile, continuity in useful men. The law laid down a uniform direction for these restless minds, who might have proved a trouble to the State, taking only their imagination as a guide.” (To choose his vocation and the sort of work he does, using only his imagination as a guide, is the distinctive quality of a restless mind!) “Read about the revolutions of all empires, always the work of a few men who wished to rise above their stations.” (This is to say often the work of a few men who felt that society was imposing on them unjustifiable constraints. Now, the more you multiply constraints of this kind, the more you multiply reasons for revolutions and therefore attempts at them.) “Our modern philosophers have endlessly repeated that the best laws are those which leave greater latitude to man’s will. Send them back, these scourges of humanity, [454] to the infancy of the human race.”88 (Actually one has to return to the infancy of the human race, that is, to the centuries of ignorance and barbarism, to believe that it might be useful or legitimate to constrain the will of man in cases which do not hurt other people.)

[AA. [Refers to page 368.]]Isocrates and Plato testify that the Spartans were for the most part so little schooled that they knew neither how to read, nor sign their name, nor calculate beyond their fingers.89

[BB. [Refers to page 368.]]Mably fails to recognize a difference between the ancients and the moderns we have already indicated elsewhere. All the modern peoples have been conquered by barbarians from the north. The ancient peoples seem not to have been conquered but only civilized by foreign colonies. Now, the goings-on of peoples who have been conquered and peoples who have not undergone this are very unlike. The latter [unreadable words in Constant’s text] to give themselves institutions they do not have. The former seek to rid themselves of institutions they have had imposed on them. Hence they have a habit of resistance which lasts and is directed not only at institutions imposed by force but at all kinds of institutions. The modern nations have struggled against theirs in all sorts of ways, in barbarous times by force, in corrupted times by mockery. Now, this last weapon is terrible, in that it is destructive not only of the past but also of the future.

[CC. [Refers to page 369.]]Filangieri.90

[DD. [Refers to page 371.]]Esprit des lois, VII, 14; XXIII, 21.91

[E. [Refers to page 357.]]In Latin the word hostis meant, equally, a stranger or an enemy. Cicero, De Officiis, Liber I.46

[I. [Refers to page 358.]]Xenophon, De la république des Athéniens.50

[M. [Refers to page 358.]]Xenophon, Respublica Lacedaemoniorum.55

[[448] O. [Refers to page 361.]]Livre I, Ch. 1.58

[T. [Refers to page 363.]]Recherches sur les Grecs. Partie III, 6.62

[[453] Y. [Refers to page 367.]]Entretiens de Phocion.86

[CC. [Refers to page 369.]]Filangieri.90

[DD. [Refers to page 371.]]Esprit des lois, VII, 14; XXIII, 21.91

[44]Antoine Ferrand, L’Esprit de l’histoire ou lettres politiques et morales . . . , Paris, Vve Nyon, 1802.

[45]Charles Ganilh, op. cit., t. I, pp. 66–67.

[46]See Ganilh, op. cit., t. I, p. 221, n. 1. Ganilh’s note supported the following text: “The ancients were in a permanent state of hostility between themselves. Without mutual communication, they saw and treated each other as enemies.” Cicero in Les devoirs, I, 37, says, “Among our ancestors in fact we called hostis him whom now we call peregrinus, foreigner.” Text edited and translated by Maurice Testard, Paris, Les Belles Lettres, 1965, t. I, pp. 121–123.

[47]Adam Smith, op. cit., t. IV, pp. 122–123.

[48]C.-A. Walckenaer, Essai sur l’histoire de l’espèce humaine, Paris, Du Pont, 1798, Livre VI, pp. 251–368, Des peuples cultivateurs, après l’introduction des manufactures et du commerce et la séparation des professions.

[49]This note is taken from Cornelius de Pauw, op. cit., t. I, pp. 70–71. Hofmann does not know to which edition Constant’s page reference (114) relates. The reference is to the Panegyric of Isocrates in his Discours, text edited and translated by Georges Mathieu and Emile Brémond, Paris, Les Belles Lettres, 1938, t. II, p. 24.

[50]Xenophon, La république des Athéniens, II, 16: “But as they did not have the chance to build their city on an island, here is what they do. Confident in their maritime superiority, they deposit their wealth in the islands, leaving Attica to be ravaged, because they understand that if they have mercy on it they will lose other more important goods.” Xenophon, Anabase . . . , éd. cit., p. 518.

[51]Isocrates, Trapésitique, 35–37. See the edition of the Discours, éd. cit., t. I, pp. 81–82. Constant has taken the example and the reference from Cornelius de Pauw, op. cit., t. I, p. 335.

[52]All this note and the reference are from Cornelius de Pauw, ibid., p. 191.

[53]It is again from Cornelius de Pauw (op. cit., t. I, p. 69) that Constant has drawn this illustration with the references to Samuel Petit and Plutarch.

[54]Plutarch, Solon, 24, 4: “He permitted citizenship to be granted only to people banished in perpetuity from their country or who come to set up in Athens with all their family with a view to establishing a trade.” Plutarch, Vies, t. II, Solon, Publicola, Themistocle, Camille, text edited and translated by Robert Flacelière, Emile Chambry, and Marcel Juneaux, Paris, Les Belles Lettres, 1961, p. 39.

[55]Xenophon, La république des Lacédémoniens, VIII, 2: “in the other States, the most powerful do not even want to have the appearance of fearing the magistrates and regard such fear as a mark of baseness. In Sparta, on the contrary, the most notable men are the most submissive to the authorities; they glory in their humility and pride themselves when they are called on, obeying not by walking but at the double.” Xenophon, Anabase . . . , éd. cit., p. 489.

[56]“When all the time we see or notice some atrocity or other, for all our very sweet disposition, the repetition of these painful events drives any feeling of humanity away from our hearts.” Cicero, Pro Sex. Roscio Amerino, in Discours, t. I, text edited and translated by H. de la Ville de Mirmont, Paris, Les Belles Lettres, 1921, p. 126.

[57]This example and the reference come from Cornelius de Pauw, op. cit., t. I, p. 168.

[58]Dionysius of Halicarnassus, Les antiquités romaines, Paris, Ph.-N. Lottin, 1723, pp. 16–23.

[59]Plato, La république, X, XIII, 615c, in Oeuvres complètes, t. VII, 2e partie, text edited and translated by Emile Chambry, Les Belles Lettres, 1934, p. 115. See also Plato’s other great work on politics, Les lois, Livre X, in ibid., t. XII/1, text edited and translated by A. Dies, Paris, Les Belles Lettres, 1956, pp. 141–148. The same example is found in Cornelius de Pauw, op. cit., t. II, p. 46.

[60]Ibid., p. 62: “Solon had the advance and prosperity of Athenian manufactories so much at heart that he took it upon himself to make a law against idlers, one which soon fell into disuse . . . The true freedom, said Socrates, consists in working when one wishes and not working when one does not.” There is another note by Constant on this law of Solon in Annexe I, Principes de politique (Hofmann’s edition), p. 654.

[61]François-Emmanuel d’Emskerque, vicomte de Toulongeon, De l’esprit public. Mémoire désigné pour être lu à la dernière séance de l’Institut national, Paris, Impr. de Du Pont, 1797, pp. 9–10: “We are astonished by the ease of domination the ancient legislators had: it is because they were talking to the human mind still in its infancy. People believed in apparitions, political miracles, and auguries. The strong, simple man listened and believed. The mature human mind no longer believes on trust. To give it laws you have to persuade it, which is more difficult than giving it to believe something.”

[62]Cornelius de Pauw, op. cit., t. II, pp. 121–122.

[63]Xenophon, La république des Athéniens, I, 13, in Xenophon, Anabase . . . , éd. cit., p. 512.

[64]This remark on music among the Athenians, and the reference to Xenophon, come from Cornelius de Pauw, op. cit., t. I, p. 225.

[65]Hofmann says that unless Constant found these axioms in a commentary by Mably, his claim of fidelity to Mably’s text is not upheld. Hofmann could find them in none of the most cited editions. In the instances which follow he has collated the axioms with the text of De la législation ou principes des lois, published in t. IX of the Oeuvres complètes de l’abbé de Mably (Lyon, J.-B. Delamollière, 1792).

[66]“For my part, I make do with demanding morality, and I am not at all scared of poverty” (p. 16).

[67]See previous note.

[68]An amalgam of two distinct passages in the original: “What does a superiority one owes to wealth matter?” (p. 17) and “Such and such an arrangement would make commerce flourish, some other would enrich the treasury and double the State’s revenues” (pp. 19–20).

[69]“You see with what wisdom nature had prepared everything to lead us to common ownership of assets, and prevent our falling into the abyss into which the establishment of property has thrown us” (p. 58).

[70]“I could think it more worthwhile for the human race to have a few virtues than many advantages. What will happen to the population? people will say. I reply that it would be better to count only a million happy men on the whole earth than to see on it that numberless multitude of the poor and enslaved who live only a half-life in degradation and poverty” (p. 68).

[71]“The laws will always put up only a useless resistance to the efforts of avarice and the vices which flow from it, if they do not start by diminishing the finances of the State” (p. 97).

[72]This formulation perhaps summarizes what Mably says (pp. 107–108) on rampant greed allied to public debt.

[73]“I hope that useless arts will never be reestablished among us; that they are forbidden. I hope they will let the necessary arts retain a certain coarseness, which suits them so well” (p. 122) and “I would not stop talking to you about the sumptuary laws, if I wished to have you know all their advantages. They must be extended to everything” (pp. 112–113).

[74]Summary of a long diatribe against trade (pp. 113–115).

[75]Summary of pp. 116–120.

[76]“You will never restrain these active and haughty feelings if you do not have recourse to agrarian laws” (p. 120).

[77]“What care must not the laws take in order that the citizens do not go abroad in order to amass wealth they will repatriate?” (p. 125).

[78]“The republic will never form excellent citizens, as long as education is not public and general. Will you let the paterfamilias make his own rules in this respect?” (p. 309).

[79]Phrase summarizing pp. 324 and following.

[80]On p. 354, Mably, contrary to Plato, who demands death for atheists, says he would believe “his law wiser, if it made do with sentencing an incorrigibly guilty man to lifetime incarceration.”

[81]Summary of Ch. 3 of the last book, On the Need for a State Religion (pp. 355 and following).

[82]“When a deist is locked up for violating the law of silence imposed on him, let nothing be forgotten with regard to instructing him and making him understand his fault [. . .] If after a long correction a deist still has the same thirst for fame and martyrdom, it will finally be necessary to reconcile yourself to treating him like an atheist” (pp. 364–365).

[83]Summary of pp. 388–389.

[84]See the article by Ephraïm Harpaz, “Mably et ses contemporains,” op. cit., pp. 360–366, for numerous examples which uphold Constant’s remark.

[85]Honoré-Gabriel Bonnot de Mably, Observations sur l’histoire de France. The first edition had appeared in Geneva in 1765. In Oeuvres complètes de l’abbé de Mably, éd. cit., t. I–II.

[86]“All the moments of their day were filled with some duty [. . .] Everything was prescribed by law, even relaxation and human functions [. . .] Finally, love itself, that passion, Aristias, too often so imperious, so puerile, so fiery, so weak, was only a simple relaxation after work; it was the law which opened and closed the queen’s apartment to the prince.” Honoré-Gabriel Bonnot de Mably, Entretiens de Phocion sur les rapports de la morale avec la politique, in: Oeuvres complètes de l’abbé de Mably, éd. cit., t. IX, pp. 71–72.

[87]Louis-Mathieu Molé, op. cit., pp. 211–214. If Constant calls Molé’s Essais new, this is probably to distinguish them from those Francis Bacon brought out in 1597 under the same title.

[88]Antoine Ferrand, op. cit., lère éd. (1802), t. I, pp. 63–66; 2e éd. (1803), t. I, pp. 72, 75–78. The passages quoted by Constant (he has not mentioned the numerous excisions) are the same in both editions; however, in the second, Ferrand is even more eloquent on this subject and has added between p. 72 and p. 75 a long development.

[89]Hofmann was unable to determine to what passages by Isocrates or Plato this observation refers, nor in which author’s work Constant found the reference.

[90]Gaëtano Filangieri, La science de la législation, éd. cit., t. IV, pp. 42–64, Ch. VII Des peines d’infamie.

[91]In Livre XXIII, Ch. 21 notably, where Montesquieu declares: “The corruption of morals destroys censorship, itself established to destroy the corruption of morals; but when this corruption becomes general, censorship no longer has any force.” Ed. cit., p. 692.

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