As exertion originates in necessity or want, which it removes, taxation has the effect of prolonging the operation of necessity, after it would otherwise have ceased, and of rendering its pressure greater than it otherwise would be; the consequence of this is a greater and larger continued exertion on the part of those who have to pay the taxes.

Human exertion, either in the way of invention or of industry, is like a spring that is pressed upon, and gains strength according to the pressure, until a certain point, when it gives way entirely.

Those investigators, who have calculated the effect of such and such a degree of taxation, of national debt, &c. have all erred, in not making any, or a sufficient, allowance for the action of this elastic power. Mr.

Hume and Mr. Smith, certainly, both of them, men of profound research, have erred completely in this. The former, in calculating the ultimatum of exertion, at a point which we have long since pa.s.sed; and, the latter, in reasoning on the taxation at the time he wrote, as if nearly the utmost degree, though it has since trebled, and the difficulty in paying seems to be diminished; at least it appears not to have augmented.

To fix the point at which this can stop is not, indeed, very easy; particularly, as the value of gold and silver, which are the measures of other values, do themselves vary. Thus, for example, a working man can, with his day's wages, purchase as much bread and beer as he could have done with it forty years ago. Though the national debt [end of page #114] is five times as great as it was then, at the present price of bread, it would not take twice the number of loaves to pay it that it would have required at that time.

The depreciation of money, then, as well as the continuation and augmented pressure of necessity, counteract, to a certain degree, and for a certain time, the natural tendency of taxes; but that counteraction, though operating in all cases, in its degree and duration, must depend upon particular circ.u.mstances; and though, perhaps, it cannot be, with much accuracy, ascertained in any case, it is impossible to attempt resolving the question in a general way; we shall, therefore, return to the subject, when we apply the general principles to the particular situation of England.

One conclusion, however, is, that as taxes, carried to a great extent, are very dangerous, though not so if only carried to a certain point; as that point cannot be ascertained, it ought to be a general rule to lay on as few taxes as possible; and the giving as little trouble and derangement to the contributor as may be, is also another point, with respect to which there cannot be two different opinions. [end of page #115]

CHAP. IV.

_Of the interior Causes of Decline, arising from the Encroachments of public and privileged Bodies, and of those who have a common Interest; on those who have no common Interest_. {96}

From the moment that any particular form of government or order is established in a nation, there must be separate and adverse interests; or, which is the same thing, bodies acting in opposition to each other, and seeking their own power and advantage at the expense of the rest.

In a country where the executive government is under no sufficient control, its strides to arbitrary power are well known; but, in a government poised like that of England, where there are deliberative bodies, with different interests, acting separately, and interested in keeping each other and the executive in check, it is not from the government that much danger is to be apprehended.

It is not meant to dwell on this particular part of the subject. As those governed hold a check on the executive power, which alone can be supposed to profit by oppression, there is a means of defence, in the first instance, and of redress, in the second, which diminishes greatly, if it does not entirely do away all danger from encroachment.

Another thing to be said about this government is, that government and the subject never come into opposition with each other, except where there is law or precedent to determine between them.

The danger, then, of encroachment on that side, is not very great, and it is the less so in this country, that, when there have been contests, they have always ended in favour of the people; whereas, in most

{96} The public certainly has a common interest, but it feels it not, and even those who have separate interests make part of that very public.--This will be exemplified, in a variety of instances, in the course of the present chapter.

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other countries, they have terminated in favour of the executive power.

It is not so, however, with many other of the component parts of society. Those deliberating bodies, who have separate interests, and all those who live, as it were, on the public, and have what they call, in France, _l'esprit du corps_, for which we have no proper expression, though it may be defined to be those who have a common interest, a fellow feeling, and the means of acting in concert, are much more dangerous.

In nations where the executive power has no control, the progress of public bodies is less dangerous than where the power of the king is limited. It is always the interest of the sovereign, who monopolises all power, and those around him, to prevent any man, or body of men, from infringing on the liberty of the subject, or becoming rivals, by laying industry under contribution, so we find that, in every such nation, the clergy excepted, all public bodies are kept under proper subjection. {97}

{97} In all countries, those who have the care of religious matters must necessarily have some control over the minds of the people, which they can to a certain degree turn either to a good or a bad purpose. It is, therefore, impossible that the government and clergy can, for any length of time, act in opposition to each other: one or other of the two must soon fall, and there have been instances of the triumph of each. We have sometimes seen kings triumph over the clergy, but not very often; and we have frequently seen governments overturned by their means: except, therefore, in a state of revolution, they must mutually support each other. This is the natural state of things; but, in Roman Catholic countries, priests have a superior sway to what they have in any other, for several reasons that are very obvious. In the first place, the sovereign of the nation is not the head of the church; and, in the second, by means of a very superior degree of art and attention, during the dark ages, when the laity were sunk in ignorance, the catholic clergy contrived to entail the church property, from generation to generation, upon the whole body: at the same time, enjoining celibacy, by which all chance of alienation, even of personal property, was done away. As to the means of acquiring property, and of augmenting it; they were many, and, in every contest with the secular authority, they had a great advantage, by speaking, as it were, through ten thousand mouths at once, and giving the alarm to the consciences of the weak. In countries where the protestant religion has been established, the case is widely different. Gothic darkness was nearly fled before the reformation: besides this, the clergy are like other men, with regard to the manner of living; they are fathers and husbands, and, as such, liable to have all the property that is their own alienated, as much as any other set of men [end of page #117]

whatever. The reformers, who were neither dest.i.tute of penetration nor zeal, and who knew all the abuses of the church of Rome, in matters of regulation as well as of opinion, were very careful to settle the new order of things on such a plan, as to be free from the evils which they had experienced, and against which they had risen with such energy and zeal.

The simple state of the case is, that the interest of the people is that of the sovereign; and, except in cases where there is a profound ignorance of what is good for the nation, every wise sovereign takes the part of the people. But, under a limited monarchy, or in a democracy, the case is different. There, those bodies, which an arbitrary monarch would reduce to obedience at once, stand upon prerogative themselves; they form a band in the legislature, and act true to their own interests; so that the sovereign himself is compelled to admit of abuses, which he is willing but not able to remedy.

It is a great mistake, and one of the greatest into which people have of late been apt to run, that the government and people of a country are of opposite interests; and that governments wish to oppress the people, and rob them of the means of being affluent and happy: the very contrary is the case; all enlightened monarchs have acted quite differently.

Alfred the Great, Edward III. Queen Elizabeth, and nearly all her successors have endeavoured to increase the wealth and happiness of the people in England. Henry IV. of France, even Louis XIV. Peter the Great of Russia, Catherine, and indeed all his successors, as also the Kings of Prussia, the Grand Duke of Tuscany, and other sovereigns, who know how to shew their disposition, have tried to enrich their people, and render them happy. The great study of the English government has always been directed to that end, and the Romans extended their care even to the nations they subdued. Though there are many sovereigns who have not known how to do this, and therefore have either not attempted it, or erred in the mode they have taken; yet, with very few exceptions indeed, sovereigns have been found to wish for the prosperity of the nations over which they ruled.

In all human inst.i.tutions there is much that is bad, and something [end of page #118] that is good; and the best, as well as the worst, are only combinations of good and evil, differing in the proportions. In mixt governments, or in limited governments, the people can defend their rights better against the sovereign than against those bodies that spring up amongst themselves: whereas, in pure monarchies, they have only to guard against the encroachments of the sovereign; and he will take care to prevent them from being oppressed by any other power.

This tendency to destruction, from encroachments of public bodies in established governments, is more to be dreaded in limited monarchies, and in democracies, than in pure monarchies; but we have had little occasion to observe the progress in governments of the former sort, excepting the clergy, though the military and the n.o.bles generally play their part.

In Rome, the military never were dangerous, while the armies were only raised, like militias, for the purpose of a particular war; but, when they became a standing body, they were the proximate efficient cause of destroying liberty, though this was only the prelude to that decline which afterwards took place.

In limited monarchies, the lawyers are the greatest body, from which this sort of danger arises, and the reasons are numerous and evident.

United in interest, and constantly occupied in studying the law of the country, while the public at large are occupied on a variety of different objects, and without any bond of union, there can be nothing more natural than that they should contrive to render the business which they alone can understand, of as much importance and profit as possible.

In the criminal law of the country, where the king is the prosecutor, and where the lawyers are not interested in multiplying expense or embarra.s.sment, our laws are administered with admirable attention; though, perhaps, in some cases, they are blamed for severity, they are justly admired over the world for their mode of administration.

It is very different in cases of property, or civil actions, where it is man against man, and where both solicitor and council =sic= are interested in the intricacy of the case. Here, indeed, the public is so glaringly imposed upon, that it would be almost useless to dwell on the sub-[end of page #119] ject, and, as a part of the plan of this work is to offer, or point out, a remedy, it may be sufficient, in this case, to go over the business once, and leave the examples till the relief is proposed.

At present, it is, however, necessary to shew why, as things are const.i.tuted in mixed governments like this, no remedy is to be had.

The public only acts by representatives; and, in the House of Lords, the law-lords, who have _l'esprit du corps_, may easily contrive to manage every thing. One or two n.o.blemen excepted, no one either has, or pretends to have sufficient knowledge to argue or adjust a point of law. Indeed, it is no easy matter to do so with effect, for, besides that, the law-lords have ministers on their side, or, which is the same thing, are on the side of ministers, the speaker is himself at the head of the law. The other members who look up to the law-lords, and who are generally very few in number on a law-question, generally give their a.s.sent. In the House of Commons, in which there are a number of lawyers, they are still less opposed. The country gentlemen profess ignorance. They think that to watch money-bills, the privileges of the house, the general interests of the nation, roads, ca.n.a.ls, and inclosures, is their province. The mercantile, and other interests, composed of men getting money with great rapidity, consider the abuses of law as not to them of much importance; they do not feel the inconvenience, and have neither time nor inclination to study the subject. {98}

The prerogative of the king to refuse his a.s.sent, might, perhaps, be expected to come in as a protection, but here there is least of all any thing to be expected. In the first place, it is thought to be wise never to use that prerogative, and, in the second place, the lord-high-chancellor is the king's guide in every thing of the sort, insomuch, that he is styled the keeper of the king's conscience.

With power, influence, and interest on one side, and nothing to oppose it on the other, (for the common proverb is true, as all common

{98} The law is the widest, and the shortest, and the nearest road to a peerage. A Howe, Nelson, and St. Vincent, play a game, partly of skill, and partly of chance, for t.i.tle; they must have luck and opportunity. The others are sure with fewer compet.i.tors to have more prizes.

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proverbs are, that what is every body's business is n.o.body's,) the lawyers must encroach on the public, and they have done so to a most alarming degree.

In this case, it is not, as in others, where the great cut out work for and employ the small. No. The great generally (indeed almost always) begin with the advice and by the means of an attorney, who is only supposed to understand law-practice. The proceeding does not originate with the council, who could form some judgment of the justice of the case, so that a mean petty-fogging attorney may, for a trifle, which he puts into his own pocket, ruin two ignorant and honest men; he may set the ablest council to work, and occupy, for a time, the courts of justice, to the general interruption of law, and injury of the public.

This is, perhaps, one of the greatest and most crying evils in the land, and calls out the most loudly for redress, as the effects are very universal. In a commercial country, so many interests clash, and there are such a variety of circ.u.mstances, that the vast swarms of attorneys, who crowd the kingdom, find no difficulty in misleading one of the parties, and that is the cause of most law-suits.

As commercial wealth increases the evil augments, not in simple proportion, but in a far more rapid progression; first, in proportion to the wealth and gain to be obtained, and, secondly, according to the opportunities which augment with the business done.

In addition to the real dead expense, the loss of time, the attention, and the misfortune and misery occasioned by the law, are terrible evils; and, if ever the moment comes, that a general dissatisfaction prevails, it will be the law that will precipitate the evil.

The mildness of the civil laws in France, and the restraints under which lawyers are held, served greatly to soften the rigours of the revolution for the first two years. Had they possessed the power and the means they do in England, the revolution must have become much more terrible than it was at the first outset.

The lawyers owe all their power to the nature of the government. An arbitrary monarch will have no oppressor but himself, but here the [end of page #121] different interests are supposed to be poised; and when they are, all goes right, but, when they happen not to be so, the most active interest carries the day.

Though the law is the greatest of those bodies that is of a different interest from the public at large, yet there are some others deserving notice, and requiring reformation. It is the interest of all those who are connected with government to do away abuses that tend to endanger its security, or diminish its resources.

As the public revenue is all derived from those who labour, and as it can come from no other persons, if the prosperity and happiness of the subject were a mere matter of indifference, which it cannot be supposed to be; still it would be an object for government to preserve his resources undiminished. It was our lot, in another chapter, to mention the enormous increase of the poor's rate, which was in part attributed to the general increase of wealth; mal-administration is, however, another cause, and, the public is the more to be pitied, that the parish-officers defend their conduct against their const.i.tuents at the expense of their const.i.tuents.

In an inquiry after truth, it should be spoken without fear of offending; and, in this case, though the feelings of Englishmen may, perhaps, be hurt, and their pride wounded, it must be allowed, that if it were not for the mock-democratical form of administrating =sic= the funds for the maintenance of the poor, they would never suffer the extortion, and the bare-faced iniquities that are committed. {99} The ship- money, the poll-tax, the taxes on the Americans, and others, that have caused so much bloodshed and strife, never amounted to one-tenth, if all added together, of what the English public pays to be applied to maintain the poor, and administered by rude illiterate men, who render scarcely any account, and certainly, in general, evade all regular control. Those administrators, though chosen by the people, always, while in office, imbibe _l'esprit du corps_, and make a common cause.