Cato's
Letters 13
14
61 NO. 61. SATURDAY, JANUARY 13, 1721. How free Governments are to be framed so as to last, and how they differ from such as are arbitrary.
The most reasonable meaning that can be put upon this apothegm, that virtue is its own reward, is, that it seldom meets with any other. God himself, who having made us, best knows our natures, does not trust to the intrinsick excellence and native beauty of holiness alone, to engage us in its interests and pursuits, but recommends it to us by the stronger and more affecting motives of rewards and punishments. No wise man, therefore, will in any instance of moment trust to the mere integrity of another. The experience of all ages may convince us, that men, when they are above fear, grow for the most part above honesty and shame: And this is particularly and certainly true of societies of men, when they are numerous enough to keep one another in countenance; for when the weight of infamy is divided amongst many, no one sinks under his own burden.
4. 6, 7 W. & M., c. 2 (1694). In 1716, a new statute was passed (1 Geo. I st. 2 c. 38), extending the life of Parliament from its previous three to seven jeers.
Great bodies of men have seldom judged what they ought to do, by any other rule than what they could do. What nation is there that has not oppressed any other, when the same could be done with advantage and security? What party has ever had regard to the principles which they professed, or ever reformed the errors which they condemned? What company, or particular society of merchants or tradesmen, has ever acted for the interest of general trade, though it always filled their mouths in private conversation?
And yet men, thus formed and qualified, are the materials for government. For the sake of men it is instituted, by the prudence of men it must be conducted; and the art of political mechanism is, to erect a firm building with such crazy and corrupt materials. The strongest cables are made out of loose hemp and flax; the world itself may, with the help of proper machines, be moved by the force of a single hair; and so may the government of the world, as well as the world itself. But whatever discourses I shall hereafter make upon this great and useful subject, I shall confine myself in this letter to free monarchical constitutions alone, and to the application of some of the principles laid down in my last.
It is there said, that when the society consists of too many, or when they live too far apart to be able to meet together, to take care of their own affairs, they can not otherwise preserve their liberties, than by choosing deputies to represent them, and to act for them; and that these deputies must be either so numerous, that there can be no means of corrupting the majority; or so often changed, that there shall be no time to do it so as to answer any end by doing it. Without one of these regulations, or both, I lay it down as a certain maxim in politicks, that it is impossible to preserve a free government long.
I think I may with great modesty affirm, that in former reigns the people of England found no sufficient security in the number of their representatives. What with the crowd of offices in the gift of the crown, which were possessed by men of no other merit, nor held by any other tenure, but merely a capacity to get into the House of Commons, and the disservice which they could and would do their country there: What with the promises and expectations given to others, who by court-influence, and often by court-money, carried their elections: What by artful caresses, and the familiar and deceitful addresses of great men to weak men: What with luxurious dinners, and rivers of Burgundy, Champaign, and Tokay, thrown down the throats of gluttons; and what with pensions, and other personal gratifications, bestowed where wind and smoke would not pass for current coin: What with party watch- words and imaginary terrors, spread amongst the drunken 'squires, and the deluded and enthusiastick bigots, of dreadful designs in embryo, to blow up the Church, and the Protestant interest; and sometimes with the dread of mighty invasions just ready to break upon us from the man in the moon: I say, by all these corrupt arts, the representatives of the English people, in former reigns, have been brought to betray the people, and to join with their oppressors. So much are men governed by artful applications to their private passions and interest. And it is evident to me, that if ever we have a weak or an ambitious prince, with a ministry like him, we must find out some other resources, or acquiesce in the loss of our liberties. The course and transiency of human affairs will not suffer us to live always under the present righteous administration.
So that I can see no means in human policy to preserve the publick liberty and a monarchical form of government together, but by the frequent fresh elections of the people's deputies: This is what the writers in politicks call rotation of magistracy. Men, when they first enter into magistracy, have often their former condition before their eyes: They remember what they themselves suffered, with their fellow-subjects, from the abuse of power, and how much they blamed it; and so their first purposes are to be humble, modest, and just; and probably, for some time, they continue so. But the possession of power soon alters and vitiates their hearts, which are at the same time sure to be leavened, and puffed up to an unnatural size, by the deceitful incense of false friends, and by the prostrate submission of parasites. First, they grow indifferent to all their good designs, then drop them: Next, they lose their moderation; afterwards, they renounce all measures with their old acquaintance and old principles; and seeing themselves in magnifying glasses, grow, in conceit, a different species from their fellow-subjects; and so by too sudden degrees become insolent, rapacious and tyrannical, ready to catch at all means, often the vilest and most oppressive, to raise their fortunes as high as their imaginary greatness. So that the only way to put them in mind of their former condition, and consequently of the condition of other people, is often to reduce them to it; and to let others of equal capacities share of power in their turn: This also is the only way to qualify men, and make them equally fit for dominion and subjection.
A rotation therefore, in power and magistracy, is essentially necessary to a free government: It is indeed the thing itself; and constitutes, animates, and informs it, as much as the soul constitutes the man. It is a thing sacred and inviolable, where-ever liberty is thought sacred; nor can it ever be committed to the disposal of those who are trusted with the preservation of national constitutions: For though they may have the power to model it for the publick advantage, and for the more effectual security of that right; yet they can have none to give it up, or, which is the same thing, to make it useless.
The constitution of a limited monarchy, is the joint concurrence of the crown and of the nobles (without whom it cannot subsist) and of the body of the people, to make laws for the common benefit of the subject; and where the people, through number or distance, cannot meet, they must send deputies to speak in their names, and to attend upon their interest: These deputies therefore act by, under, and in subserviency to the constitution, and have not a power above it and over it.
In Holland, and some other free countries, the states are often obliged to consult their principals; and, in some instances, our own Parliaments have declined entering upon questions of importance, till they had gone into the country, and known the sentiments of those that sent them; as in all cases they ought to consult their inclinations as well as their interest. Who will say, that the Rump, or fag-end of the Long Parliament of forty-one, had
any right to expel such members as they did not like? 2 Or to watch. for their absence, that they might seize to themselves, or give up to any body else, the right of those from whose confidence and credulity they derived the authority which they acted by?
With thanks to God, I own, that we have a prince so sensible of this right, and who owes his crown so entirely to the principles laid down, and I think fully proved in these letters; that it is impossible to suspect, either from his inclinations, his interest, or his known justice, that he should ever fall into any measures to destroy that people, who have given him his crown, and supported him in it with so much generosity and expense; or that he should undermine, by that means, the ground upon which he stands. I do therefore the less regard the idle suspicions and calumnies of disaffected men, who would surmise, that a design is yet on foot to continue this Parliament; a reflection the most impudent and invidious that can be thrown upon his Majesty, his ministers, or his two houses; and a reflection that can come from none but professed, or at least from concealed, Jacobites.
It is no less than an insinuation, that our most excellent sovereign King George has a distrust of his faithful subjects; that he will refuse them the means of their own preservation, and the preservation of that constitution which they chose him to preserve; that he will shut his ears against their modest, just, and dutiful complaints; and that he apprehends danger from meeting them in a new and free-chosen Parliament. This is contrary to the tenor of his whole life and actions; who, as he has received three crowns from their gift, so he lies under all the ties of generosity, gratitude, and duty, to cherish and protect them, and to make them always great, free, and happy.
It is a most scandalous calumny upon his faithful servants, to suggest that any of them, conscious of guilt and crimes, feared any thing from the most strict and rigorous inspection into their proceedings. Some of them have already stood the fiery trial, and come off triumphant with general approbation. They have,
2. In Dec. 1648, the Puritan army was ordered to forcibly exclude ninety-six Presbvterian members from the Long Parliament, which had originally convened in Nov., 1640. The remaining sixty members were henceforth known as the Rump Parliament.
besides, the advantage of his Majesty's most gracious pardon, which they did not want, and which was not passed for their sakes. Who therefore can suspect, that patriots so uncorrupt, so prudent, and so popular, will dishonour their master, give up the constitution, ruin their country, and render themselves the objects of universal scorn, detestation, and cursing, by advising the most odious, dangerous, and destructive measures, that ever counsellors gave a prince?
It is a most ungrateful return to our illustrious representatives, to suggest, that men who have left their domestick concerns to serve their country at their own expence, and without any personal advantages, and have bestowed their labours upon the publick for a much longer time than their principals had at first a right to expect from them; and have, during all that time, been rectifying the abuses which have crept into our constitution; and have assisted his Majesty in going through two very useful and necessary wars,3 and have regulated our finances, and the expence of our guards and garrisons, and corrected many abuses in the fleet and the civil administration; and have taken effectual vengeance of all those who were concerned in promoting, procuring, aiding, or assisting the late dreadful South-Sea project: I say, after so many things done by them for the publick honour and prosperity, it is the basest ingratitude to surmise, that any of them would give up that constitution which they were chosen, and have taken so much pains, to preserve.
I do indeed confess, if any invasion were to be feared from Muscovy, Mecklenburg, Spain, or Civita Vecchia; 4 if new provinces were to be obtained abroad, new armies to be raised, or new fleets to be equipped, upon warlike expeditions; if new provision were wanting for the Civil List, and new taxes to be levied, or new companies to be erected to pay off the publick debts; if the universities were to be farther regulated, or any inspection were necessary into
62 the increase of fees and exactions of civil officers;
if there were the least ground to suspect bribery or
corruption in a place where it should not be; or if there
were any new project on foot to banish tyrannical and
popish principles far out of the land: I say, that in
such a scene of affairs, I dare not be altogether so
positive in my assertion, that we ought to venture, and
at all events to leave to chance, that which we are in
possession of already. But as we are at present in the
happy state of indolence and security, at peace with all
the world and our own consciences; as little more money
can be raised from the people, most of it being already
in hand, which, according to the rules of good policy,
unite dominion and property; as our benefactors too are
generous and honourable, our boroughs not insensible or
ungrateful, nor the counties themselves inexorable to
shining merit; So it is much to be hoped, that another
Parliament may be chosen equally deserving, and as
zealous for the publick interest; or, at worst, there are
honest and tried measures at hand, which will undoubtedly
make them so. And I offer this as a conclusive, and I
think a most convincing, argument, that the kingdom will
be obliged with a new election. NO. 62. SATURDAY, JANUARY 20, 1721. By liberty, I understand the power which every man has over his own actions, and his right to enjoy the fruit of his labour, art, and industry, as far as by it he hurts not the society, or any members of it, by taking from any member, or by hindering him from enjoying what he himself enjoys. The fruits of a man's honest industry are the just rewards of it, ascertained to him by natural and eternal equity, as is his title to use them in the manner which he thinks fit: And thus, with the above limitations, every man is sole lord and arbiter of his own private actions and property. A character of which no man living can divest him but by usurpation, or his own consent.
The entering into political society, is so far from a departure from his natural right, that to preserve it was the sole reason why men did so; and mutual protection and assistance is the only reasonable purpose of all reasonable societies. To make such protection practicable, magistracy was formed, with power to defend the innocent from violence, and to punish those that offered it; nor can there be any other presence for magistracy in the world. In order to this good end, the magistrate is entrusted with conducting and applying the united force of the community; and with exacting such a share of every man's property, as is necessary to preserve the whole, and to defend every man and his property from foreign and domestick injuries. These are the boundaries of the power of the magistrate, who deserts his function whenever he breaks them. By the laws of society, he is more limited and restrained than any man amongst them; since, while they are absolutely free in all their actions, which purely concern themselves; all his actions, as a publick person, being for the sake of society, must refer to it, and answer the ends of it.
It is a mistaken notion in government, that the interest of the majority is only to be consulted, since in society every man has a right to every man's assistance in the enjoyment and defence of his private property; otherwise the greater number may sell the lesser, and divide their estates amongst themselves; and so, instead of a society, where all peaceable men are protected, become a conspiracy of the many against the minority. With as much equity may one man wantonly dispose of all, and violence may be sanctified by mere power.
And it is as foolish to say, that government is concerned to meddle with the private thoughts and actions of men, while they injure neither the society, nor any of its members. Every man is, in nature and reason, the judge and disposer of his own domestick affairs; and, according to the rules of religion and equity, every man must carry his own conscience. So that neither has the magistrate a right to direct the private behaviour of men; nor has the magistrate, or any body else, any manner of power to model people's speculations, no more than their dreams. Government being intended to protect men from the injuries of one another, and not to direct them in their own affairs, in which no one is interested but themselves; it is plain, that their thoughts and domestick concerns are exempted entirely from its jurisdiction: In truth, men's thoughts are not subject to their own jurisdiction.
Idiots and lunaticks indeed, who cannot take care of themselves, must be taken care of by others: But whilst men have their five senses, I cannot see what the magistrate has to do with actions by which the society cannot be affected; and where he meddles with such, he meddles impertinently or tyrannically. Must the magistrate tie up every man's legs, because some men fall into ditches? Or, must he put out their eyes, because with them they see lying vanities? Or, would it become the wisdom and care of governors to establish a travelling society, to prevent people, by a proper confinement, from throwing themselves into wells, or over precipices; or to endow a fraternity of physicians and surgeons all over the nation, to take care of their subjects' health, without being consulted; and t o vomit, bleed, purge, and scarify them at pleasure, whether they would or no, just as these established judges of health should thin k fit? If this were the case, what a stir and hubbub should we soon see kept about the established potions and lancets? Every man, woman, i or child, though ever so healthy, must be a patient, or woe be to them! The best diet and medicines would soon grow pernicious from any other hand; and their pills alone, however ridiculous, insufficient, or distasteful, would be attended with a blessing.
Let people alone, and they will take care of themselves, and i do it best; and if they do not, a sufficient punishment will follow their neglect, without the magistrate's interposition and penalties. It is plain, that such busy care and of ficious intrusion into the personal affairs, or private actions, thoughts, and imaginations of men, has in it more craft than kindness; and is only a device to mislead people, and pick their pockets, under the false presence of the publick and their private good. To quarrel with any man for his opinions, humours, or the fashion of his clothes, is an offence taken without being given. What is it to a magistrate how I wash my hands, or cut my corns; what fashion or colours I wear, or what notions I entertain, or what gestures I use, or what words I pronounce, when they please me, and do him and my neighbour no hurt? As well may he determine the colour of my hair, and control my shape and features.
True and impartial liberty is therefore the right of every man to pursue the natural, reasonable, and religious dictates of his own mind; to think what he will, and act as he thinks, provided he acts not to the prejudice of another; to spend his own money himself, and lay out the produce of his labour his own way; and to labour for his own pleasure and profit, and not for others who are idle, and would live and riot by pillaging and oppressing him, and those that are like him.
So that civil government is only a partial restraint put by the laws of agreement and society upon natural and absolute liberty, which might otherwise grow licentious: And tyranny is an unlimited restraint put upon natural liberty, by the will of one or a few. Magistracy, amongst a free people, is the exercise of power for the sake of the people; and tyrants abuse the people, for the sake of power. Free government is the protecting the people in their liberties by stated rules: Tyranny is a brutish struggle for unlimited liberty to one or a few, who would rob all others of their liberty, and act by no rule but lawless lust.
So much for an idea of civil liberty. I will now add a word or two, to shew how much it is the delight and passion of mankind; and then shew its advantages.
The love of liberty is an appetite so strongly implanted in the nature of all living creatures, that even the appetite of self- preservation, which is allowed to be the strongest, seems to be contained in it; since by the means of liberty they enjoy the means of preserving themselves, and of satisfying their desires in the manner which they themselves choose and like best. Many animals can never be tamed, but feel the bitterness of restraint in the midst of the kindest usage; and rather than bear it, grieve and starve themselves to death; and some beat out their brains against their prisons.
Where liberty is lost, life grows precarious, always miserable, often intolerable. Liberty is, to live upon one's own terms; slavery is, to live at the mere mercy of another; and a life of slavery is, to those who can bear it, a continual state of uncertainty and wretchedness, often an apprehension of violence, often the lingering dread of a violent death: But by others, when no other remedy is to be had, death is reckoned a good one. And thus, to many men, and to many other creatures, as well as men, the love of liberty is beyond the love of life.
This passion for liberty in men, and their possession of it, is of that efficacy and importance, that it seems the parent of all the virtues: And therefore in free countries there seems to be another species of mankind, than is to be found under tyrants. Small armies of Greeks and Romans despised the greatest hosts of slaves; and a million of slaves have been sometimes beaten and conquered by a few thousand freemen. Insomuch that the difference seemed greater between them than between men and sheep. It was therefore well said by Lucullus, when, being about to engage the great King Tigranes's army, he was told by some of his of ficers, how prodigious great the same was, consisting of between three and four hundred thousand men: "No matter," said that brave Roman, drawing up his little army of fourteen thousand, but fourteen thousand Romans: "No matter; the lion never enquires into the number of the sheep."2 And these royal troops proved no better; for the Romans had little else to do but to kill and pursue; which yet they could scarce do for laughing; so much more were they diverted than animated by the ridiculous dread and sudden flight of these imperial slaves and royal cowards.
2. The armies of Tigranes the Great, King of Armenia, were decisively defeated by a considerably smaller Roman force under Lucius Licinius Lucullus in 69 B.C. The events are recounted in Appian, Roman History, 12.85.
Men eternally cowed and oppressed by haughty and insolent governors, made base themselves by the baseness of that sort of government, and become slaves by ruling over slaves, want spirit and souls to meet in the field freemen, who scorn oppressors, and are their own governors, or at least measure and direct the power of their governors. Education alters nature, and becomes stronger. Slavery, while it continues, being a perpetual awe upon the spirits, depresses them, and sinks natural courage; and want and fear, the concomitants of bondage, always produce despondency and baseness; nor will men in bonds ever fight bravely, but to be free. Indeed, what else should they fight for; since every victory that they gain for a tyrant, makes them poorer and fewer; and, increasing his pride, increases his cruelty, with their own misery and chains?
Those, who, from terror and delusion, the frequent causes and certain effects of servitude, come to think their governors greater than men, as they find them worse, will be as apt to think themselves less: And when the head and the heart are thus both gone, the hands will signify little. They who are used like beasts, will be apt to degenerate into beasts. But those, on the contrary, who, by the freedom of their government and education, are taught and accustomed to think freely of men and things, find, by comparing one man with another, that all men are naturally alike; and that their governors, as they have the same face, constitution, and shape with themselves, and are subject to the same sickness, accidents, and death, with the meanest of their people; so they possess the same passions and faculties of the mind which their subjects possess, and not better. They therefore scorn to degrade and prostrate themselves, to adore those of their own species, however covered with titles, and disguised by power: They consider them as their own creatures; and, as far as they surmount themselves, the work of their own hands, and only the chief servants of the state, who have no more power to do evil than one of themselves, and are void of every privilege and superiority, but to serve them and the state. They know it to be a contradiction in religion and reason, for any man to have a right to do evil; that not to resist any man's wickedness, is to encourage it; and that they have the least reason to bear evil and oppression from their governors, who of all men are the most obliged to do them good. They therefore detest slavery, and despise or pity slaves; and, adoring liberty alone, as they who see its beauty and feel its advantages always will, it is no wonder that they are brave for it.
Indeed liberty is the divine source of all human happiness. To possess, in security, the effects of our industry, is the most powerful and reasonable incitement to be industrious: And to be able to provide for our children, and to leave them all that we have, is the best motive to beget them. But where property is precarious, labour will languish. The privileges of thinking, saying, and doing what we please, and of growing as rich as we can, without any other restriction, than that by all this we hurt not the publick, nor one another, are the glorious privileges of liberty; and its effects, to live in freedom, plenty, and safety.
These are privileges that increase mankind, and the
happiness of mankind. And therefore countries are
generally peopled in proportion as they are free, and are
certainly happy in that proportion: And upon the same
tract of land that would maintain a hundred thousand
freemen in plenty, five thousand slaves would starve. In
Italy, fertile Italy, men die sometimes of hunger amongst
the sheaves, and in a plentiful harvest; for what they
sow and reap is none of their own; and their cruel and
greedy governors, who live by the labour of their
wretched vassals, do not suffer them t o eat the bread of
their own earning, nor to sustain their lives with their
own hands. Liberty naturally draws new people to it, as well as increases the old stock; and men as naturally run when they dare from slavery and wretchedness, whithersoever they can help themselves. Hence great cities losing their liberty become deserts, and little towns by liberty grow great cities; as will be fully proved before I have gone through this argument. I will not deny, but that there are some great cities of slaves: But such are only imperial cities, and the seats of great princes, who draw the wealth of a continent to their capital, the center of their treasure and luxury. Babylon, Antioch, Seleucia, and Alexandria, were great cities peopled by tyrants; but peopled partly by force, partly by the above reason, and partly by grants and indulgencies. Their power, great and boundless as it was, could not alone people their cities; but they were forced to soften authority by kindness; and having brought the inhabitants together by force, and by driving them captive like cattle, could not keep them together, without bestowing on them many privileges, to encourage the first inhabitants to stay, and to invite more to come.
This was a confession in those tyrants, that their power was mischievous and unjust; since they could not erect one great city, and make it flourish, without renouncing in a great measure their power over it; which, by granting it these privileges, in effect they did. These privileges were fixed laws, by which the trade and industry of the citizens were encouraged, and their lives and properties ascertained and protected, and no longer subjected to the laws of mere will and pleasure: And therefore, while these free cities, enjoying their own liberties and laws, flourished under them, the provinces were miserably harrassed, pillaged, dispeopled, and impoverished, and the inhabitants exhausted, starved, butchered, and carried away captive.
This shews that all civil happiness and prosperity is inseparable from liberty; and that tyranny cannot make men, or societies of men, happy, without departing from its nature, and giving them privileges inconsistent with tyranny. And here is an unanswerable argument, amongst a thousand others, against absolute power in a single man. Nor is there one way in the world to give happiness to communities, but by sheltering them under certain and express laws, irrevocable at any man's pleasure.
There is not, nor can be, any security for a people to trust to the mere will of one, who, while his will is his law, cannot protect them if he would. The number of sycophants and wicked counsellors, that he will always and necessarily have about him, will defeat all his good intentions, by representing things falsely, and persons maliciously; by suggesting danger where it is not, and urging necessity where there is none; by filling their own coffers, under colour of filling his, and by raising money for themselves, pretending the publick exigencies of the state; by sacrificing particular men to their own revenge, under presence of publick security; and by engaging him and his people in dangerous and destructive wars, for their own profit or fame; by throwing publick affairs into perpetual confusion, to prevent an enquiry into their own behaviour; and by making him jealous of his people, and his people of him, on purpose to manage and mislead both sides.
By all these, and many more wicked arts, they will be constantly leading him into cruel and oppressive measures, destructive to his people, scandalous and dangerous to himself; but entirely agreeable to their own spirit and designs. Thus will they commit all wickedness by their master's authority, against his inclinations, and grow rich by the people's poverty, without his knowledge; and the royal authority will be first a warrant for oppression, afterwards a protection from the punishment due to it. For, in short, the power of princes is often little else but a stalking- horse to the intrigues and ambition of their minister.
But if the disposition of such a prince be evil, what must be the forlorn condition of his people, and what door of hope can remain for common protection! The best princes have often evil counsellors, the bad will have no other: And in such a case, what bounds can be set to their fury, and to the havock they will make? The instruments and advisers of tyranny and depredation always thrive best and are nearest their ends, when depredation and tyranny run highest: When most is plundered from the people, their share is greatest; we may therefore suppose every evil will befall such a people, without supposing extravagantly. No happiness, no security, but certain misery, and a vile and precarious life, are the blessed terms of such a government_a government which necessarily introduces all evils, and from the same necessity neither must nor can redress any.
The nature of his education, bred up as he ever is in perpetual flattery, makes him haughty and ignorant; and the nature of his government, which subsists by brutish severity and oppression, makes him cruel. He is inaccessible, but by his ministers, whose study and interest will be to keep him from knowing or helping the state of his miserable people. Their master's knowledge in his own affairs, would break in upon their scheme and power; they are not likely to lay before him representations of grievances caused by themselves; nor, if they be the effects of his own barbarity and command, will he hear them.
Even where absolute princes are not tyrants, there ministers will be tyrants. But it is indeed impossible for an arbitrary prince to be otherwise, since oppression is absolutely necessary to his being so. Without giving his people liberty, he cannot make them happy; and by giving them liberty, he gives up his own power. So that to be and continue arbitrary, he is doomed to be a tyrant in his own defence. The oppression of the people, corruption, wicked counsellors, and pernicious maxims in the court, and every where baseness, ignorance, and chains, must support tyranny, or it cannot be supported. So that in such governments there are inevitable grievances, without possible redress; misery, without mitigation or remedy; whatever is good for the people, is bad for their governors; and what is good for the governors, is pernicious to the people. |
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