What! in the case of a father or a master, if thou hadst one, thou wouldst not have the right to do to him what he would do to thee; to speak to him insultingly if he insulted thee; to strike him, if he struck thee, nor anything like it; and thou shouldst hold such a right toward thy country! and if we had sentenced thee to death, thinking the sentence just, thou shouldst undertake to destroy us!... Does not thy wisdom teach thee that the country has a greater right to thy respect and homage, that it is more august and more wise before the G.o.ds and the sages, than father, mother, and all ancestors; that the country in its anger must be respected, that one must convince it of its error through persuasion, or obey its commands, suffer without murmuring whatever it orders to be suffered, even to be beaten and loaded with chains?... What else then dost thou do?" they would proceed to say, "than violate the treaty that binds thee to us, and trample under foot thy agreement?... In suffering thy sentence, thou diest an honorable victim of the iniquity, not of the laws, but of men; but if thou takest to flight, thou repellest unworthily injustice by injustice, evil by evil, and thou violatest the treaty whereby thou wert under obligation to us: thou imperilest those it was thy duty to protect, thou imperilest thyself, thy friends, thy country, and us. We shall be thy enemies all thy life; and when thou shalt descend to the dead, our sisters, the laws of Hades, knowing that thou hast tried thy best to destroy us here, will not receive thee very favorably."

_Pretended Exceptions._--The duty of obedience to the laws must then be admitted as a principle; but is this duty absolute? is it not susceptible of some exceptions? A learned theologian of the XVI. century, a Jesuit, Suarez (_Traite des lois_, III., iv.), admits three exceptions to the obedience due to the law: 1, if a law is unjust--for an unjust law is no law--not only is one not obliged to accept, but even, when accepted, one is not obliged to obey it; 2, if it is too hard; for then one may reasonably presume that the law was not made by the prince with the absolute intention that it should be obeyed, but rather as an experiment; now, under this supposition one can always begin by not observing it;--3, if, in fact, the majority of the people have ceased to observe it, even though the first who had commenced should have sinned; the minority is not obliged to observe what the majority has abandoned: for one cannot suppose the prince to intend obliging such or such individuals to observe it, when the community at large have ceased observing it.

These exceptions, proposed by Suarez, are inadmissible, at least the two first. To authorize disobedience to unjust laws is introducing into society an inward principle of destruction. All law is supposed to be just, otherwise it is arbitrariness and not law. Every man finds always the law that punishes him unjust. If there are unjust laws, which is possible, we must ask their abrogation; and, in these our days, the liberty of the press is ready to give satisfaction to the need of criticism; but, in the meantime, we must obey. The second exception is not tenable either. To say that it is permitted to disobey a law when it is too hard, in supposing that the prince only made it for an experiment, is to permit the eluding of all the laws: for every law is hard for somebody; and there is, besides, no determining the hardness of laws. Such an appreciation is, moreover, fict.i.tious; a prince who makes a law is supposed _a priori_ to wish it executed: to say that he only meant to try us therewith is a wholly gratuitous invention. Certainly one may by such conduct succeed in wearing a law out when the prince is feeble; but it is not the less unjust, and no State could resist such a cause of dissolution. As to the third exception, it can be admitted that there are laws fallen into disuse, and which are no longer applied by any one because they stand in contradiction to the manners, and are no longer of any use; but, except in such case, it is nowise permitted to say that it is sufficient for the majority to disobey to ent.i.tle the minority to do the same. For instance, if it pleased the majority to engage in smuggling, or to make false declarations in the matter of taxes, it would nowise acquit the good citizens from continuing to fulfill their duty.

Now, if it is an absolute duty to obey a law, we must, at the same time, admit as a corrective, the right of criticising the law. This right is the right of the minority, and it is recognized to-day in all civilized countries. A law may, in fact, be unjust or erroneous: it may have been introduced by pa.s.sion, by party-spirit; even without having been originally unjust, it may have become so in time through change in manners; it may also be the work of ignorance, prejudice, etc.; and thereby hurtful. Hence the necessity of what is called the _liberty of the press_, the inviolable guaranty of the minorities. But the right of _criticising_ the law is not the right of _insulting_ it. Discussion is not _insult_. Every law is ent.i.tled to respect because it is a law; it is the expression of the public reason, the public will, of sovereignty. One may try to _persuade_ the sovereign by reasoning, and induce him to change the law; one should not inspire _contempt_ which leads unavoidably to disobedience.

=87. Respect for magistrates.=--Another duty, which is the corollary to obedience to the laws, is the _respect for the magistrate_. The magistrate--that is, the functionary, whoever he be, in charge of the execution of the laws--should be obeyed, not only because he represents force, but also because he is the expression of the law. For this reason, he should be for all an object of respect. The person is nothing; it is the authority itself that is ent.i.tled to respect, and not such or such an individual. Many ignorant persons are always disposed to regard the functionary as a tyrant, and every act of authority, an act of oppression.

This is a puerile and lamentable prejudice. The greatest oppression is always that of individual pa.s.sions, and the most dangerous of despotisms is anarchy: for then it is the right of the strongest which alone predominates. Authority, whatever it be, makes the maintenance of order its special interest, and order is the guaranty of every one. The magistrate is, moreover, ent.i.tled to respect, as he represents the country; if the country be a family, the authority of the magistrate should be regarded the same as that of the head of the family, an authority ent.i.tled to respect even in its errors.

=88. The ballot.=--Of all the special obligations which we have enumerated, the most important to point out is that of the _ballot_, because it is free and left entirely at the will of the citizens.

In regard to the other obligations, constraint may, up to a certain point, supply the good will; he who does not pay his taxes from a sense of duty, is obliged to pay them from necessity; but the ballot is free; one may vote or not vote; one may vote for whom he pleases: there is no other restraint than the sense of duty; for this reason, it is necessary to insist on this kind of obligation.

1. It is a duty to vote. What in fact the law demands, in granting to the citizens the right of suffrage, is that the will of the citizens be made manifest, and that the decisions about to be taken, be those of the majority. This principle of the right of the majorities has often been questioned: for, it is said, why might not the majority be mistaken?

Certainly, but why might not the minority be also mistaken? The majority is a rule which puts an end to disputes and forestalls the appeal to force. The minorities certainly may have cause for complaint, for no rule is absolutely perfect; but they have the chance of becoming majorities in their turn. This is seen in all free States, where the majority is constantly being modified with the time. If such is the principle of elective governments (whatever be the measure or extension of the electoral right), it can be seen of what importance it is that the true majority show itself; and this can only take place through the greatest possible number of voters. If, for example, half of the citizens abstain, and that of the half that vote, one-half alone, plus one, const.i.tute the majority, it follows that it is a fourth of the citizens that make the law; which would seem to be reversing the principle of majorities. This is certainly not absolutely unjust, for it may be said that those who do not vote admit implicitly the result obtained; but this negative compliance has not the same value as a positive compliance.

To abstain from voting may have two causes: either indifference, or ignorance of the questions propounded, and consequently the impossibility of deciding one way or another. In the first case, especially is the abstaining culpable. No citizen has the right to be indifferent to public affairs. Skepticism in this matter is want of patriotism. In the second case, the question is a more delicate one. How can I vote? it may be said.

I understand nothing about the question; I have no opinion; I have no preference as to candidates. To combat this evil, it is, of course, necessary that education gain a larger development, and that liberty enter into customs and manners. There will be seen then a greater and greater number of citizens understandingly interested in public affairs. But even in the present state of things, a man may still fulfill his duty in consulting enlightened men, in choosing some one in whom he may have confidence; in short, in making every effort to gain information.

2. The vote should be _disinterested_. The question here is not only one concerning the _venality_ of the vote, which is a shameful act, punishable, moreover, by the laws; but it embraces disinterestedness in a wider sense. One should in voting consider the interests of the country alone, and in nowise, or at least, only secondarily, the interests of localities, unless the question be precisely as to those latter interests, when voting for munic.i.p.al officers.

3. The vote should be _free_. The electors or representatives of an a.s.sembly should obey their conscience alone: they should repel all pressure, as well that from committees arrogating omnipotence, as from the power itself.

4. In fine, the vote should be _enlightened_. Each voter should gather information touching the matter in hand, the candidates, their morality, their general fitness for their duty, their opinions. In order to vote with knowledge of the facts, one must have some education. That, of course, depends on our parents; but what depends on us, is to develop the education already obtained; we must read the papers, but not one only, or we may become the slaves of a watch word and of bigoted minds; we must also gather information from men more enlightened, etc.

=89. Taxes.=--It is a duty to pay the taxes; for, without the contributions of each citizen, the State would have no budget, and could not set the offices it is commissioned with, to work.

How could justice be rendered, instruction be given, the territory be defended, the roads kept up, without money? This money, besides, is voted by the representatives of the country, elected for that purpose. But if the State is not to tax the citizens without their consent and supervision, they in their turn should not refuse it their money.

Certainly, this evil is not much to be feared, for in the absence of good will, there is still the constraint which can be brought to bear upon refractory citizens. Yet there are still means of defrauding the law. The common people believe too readily that to deceive the State is not deceiving; they do not scruple to make false declarations where declarations are required, to pa.s.s prohibited goods over the frontier, etc.; which are so many ways of refusing to pay the taxes.

=90. Military service=, as are the taxes, is obligatory by law, and consequently does not depend on individual choice. But it is not enough to do our duty because we are obliged to do it; we must also do it conscientiously and heartily.

"It is not enough to pay out of one's purse," says a moralist;[63]

"one must also pay with one's person." Certainly, it is not for any one's pleasure that he leaves his parents and friends, his work and habits, to go to do military service in barracks, and, if needs be, to fight on the frontiers. But who will defend the country in case of attack if it be not its young and robust men? And must they not learn the use of arms in order to be efficient on the day when the country shall need them? This is why there are armies. Certainly, it would be a thousand times better if there were no need of this, if all nations were just enough never to make war with each other. But whilst this ideal is being realized, the least any one can do is to hold himself in readiness to defend his liberty, his honor.... Thanks to a good army, one not only can remain quiet at home, but the humblest citizen is respected wherever he goes, wherever his interests take him. In looking carefully at the matter it can be seen that even in respect to simple interests, the time spent in the service of the flag, is nothing in comparison with the advantages derived from it. Is it not because others have been there before us that we have been enabled to grow up peacefully and happy to the age of manhood? Is it not just that we should take their place and in our turn watch over the country? And when we return, others will take our place, and we, in our turn, shall be enabled to raise a family, attend to our business, and lead a quiet and contented life.

Let us add to these judicious remarks that military service is a school of discipline, order, obedience, courage, patience, and as such, contributes to strengthening the mind and body, to developing personality, to forming good citizens.

The princ.i.p.al infractions of the duty of military service are: 1, _mutilations_ by which some render themselves improper for service; 2, _simulated infirmities_ by which one tries to escape from the obligation; 3, _desertion_ in times of war, and what is more criminal still, _pa.s.sing over to the enemy_; 4, _insubordination_ or disobedience to superiors.

This latter vice is the most important to point out, the others being more or less rare; but insubordination is an evil most frequent in our armies, and a most dangerous evil. Military operations have become so complicated and difficult in these days, that nothing is possible without the strictest obedience on the part of soldiers. In times when individual valor was almost everything, insubordination might have presented fewer inconveniences; but in these days, all is done through ma.s.ses, and if the men do not obey, the armies are necessarily beaten because they cannot oppose an equal force to the enemy. Suppose the enemy to be 50,000 men strong in a certain place, that you yourself belong to a body of 50,000, and that you all together reach the same place at the same time as the enemy: you are equal in numbers, one against one, and you have at least as many chances as they; and if, besides, you have other qualities which they have not, you will have more chances. But if in the corps you belong to, there is no discipline, if every one disobeys--if, for example, when the order for marching is given, each starts when he pleases, and marches but as he pleases, you will arrive too late, and the enemy will have taken the best positions; there is then one chance lost. If, moreover, through the disorder in your ranks, you do not all arrive together, if there are but 25,000 men in a line, the others remaining behind, these 25,000 will be overwhelmed. As for those who do not reach the spot, think you they will escape the consequences of the battle? By no means; the disorder will not save them; it will deliver them defenseless into the hands of the pursuing enemy. Now, all disorder is followed by similar consequences. On the other hand, the obedience of the soldier being sure, the army is as one man who lends himself to all the plans, all the combinations; who takes advantage of all the happy chances, who runs less dangers because the business proceeds more rapidly, and that with less means one obtains more results.

Such are the reasons for the punctilious discipline required of soldiers.

We are treated as machines, you will say. Yes; if you resist: for then constraint becomes indispensable; but if you understand the necessity of the discipline, if you submit to it on your own accord, then are you no longer machines: you are men. The only way of not being a machine is then precisely to obey freely.

It has often been asked, in these days, whether the soldier is always obliged to obey, even such orders as his conscience disapproves of. These are dangerous questions to raise, and they tend to imperil discipline without much profit to morality. No doubt if a soldier were ordered to commit a crime--as, for example, to go and kill a defenseless man--he would have the right to refuse doing it. At the time of the ma.s.sacre of St. Bartholomew, an order was sent to all the provinces to follow the example of Paris. One of the governors, the Viscount Orthez, replied that his soldiers did not do executioner's service; and this answer was admired by all the world. But these are very rare cases; and it is dangerous for such uncertain eventualities to inspire mistrust against order and discipline, which are the certain guaranties of the defense and independence of a country.

=91. Educational obligation.=--The duty to instruct children results from the natural relations between parents and children. The obligation to raise children implies, in fact, the obligation to instruct them. There is no more education without instruction than instruction without education.

To-day educational obligation is inserted in the law, and has its sanction therein. But parents owe it to themselves to obey the law without constraint.

=92. Civil courage.=--We have already spoken above of civil courage as opposed to military courage. But here is the place to return to this subject. Let us recall a fine page by J. Barni in his book on _Morality in Democracy_:

The stoics defined courage admirably: _Virtue combating for equity_.

Civil courage might be defined: virtue defending the liberty and rights of citizens against tyranny, whether this tyranny be that of the ma.s.ses or a despot's. As much courage, and perhaps more, is demanded in the first case as in the second; it is less easy to resist a crowd than a single man, were there nothing more to be feared than _unpopularity_, one of the disadvantages hardest to brave. How much more difficult when it comes to risking a popularity already acquired?

Yet must one, if necessary, be able to make the sacrifice. True civil courage shows itself the same in all cases. Thus, Socrates, this type of civil virtue, as he was of all other virtues, refused, at the peril of his life, to obey the iniquitous orders of the tyrant Critias; and he resisted with no less courage the people, who, contrary to justice and law, asked for the death of the generals who conquered at Arginusae. Another name presents itself to the memory, namely, that of Boissy d'Anglas, immortalized for the heroism he showed as president of the National Convention, the 1st Prairial, year II. (20 May, 1795).

a.s.sailed by the clamors of the crowd which had invaded the a.s.sembly, threatened by the guns which were pointed at him, he remains impa.s.sible; and without even appearing to be aware of the danger he is running, he reminds the crowd of the respect due to national representatives. They cry: "We do not want thy a.s.sembly; the people is here; thou art the president of the people; sign, says one, the decree shall be good, or I kill thee!" He quietly replied: "Life to me is a trifle; you speak of committing a great crime; I am a representative of the people; I am president of the convention;" and he refused to sign. The head of a representative of the people who had just been ma.s.sacred by the populace for having attempted to prevent the invasion of the Convention, is presented to him on the end of a pike; he salutes it and remains firm at his post. This is a great example of civil courage.

CHAPTER VIII.

PROFESSIONAL DUTIES.

SUMMARY.

=Professional duties:= founded on the division of social work.

=The absence of a profession--Leisure.=--Is it a duty to have a profession? Rules for the choice of a profession.

=Division of social professions.=--Plato's theory; the Saint Simonian theory; Fichte's theory. Resume and synthesis of these theories.

=Mechanic and industrial professions.=--Employers and employees.--Workmen and farmers.

=Military duties.=

=Public functions.=--Elective functions; the magistracy and the bar.

=Science.=--Teaching.--Medicine.--The arts and letters.

=93. Division of social work.=--Independently of the general duties to which man is held, as man or member of a particular group (family, country), there are still others relating to the situation he holds in society, to the part he plays therein, to his particular line of work.

Society is, in fact, a sort of great enterprise where all pursue a common end, namely, the greatest happiness or the greatest morality of the human species; but as this end is very complex, it is necessary that the parts to be played toward reaching it be divided; and, as in industrial pursuits, unity of purpose, rapidity of execution, perfection of work, cannot be obtained except by _division of labor_, so is there also in society a sort of _social division of labor_, which allots to each his share of the common work. The special work each is appointed to accomplish in society is what is called a profession, and the peculiar duties of each profession are the _professional duties_.

=94. The absence of a profession--Leisure.=--The first question to be considered is, whether a man should have a profession, or if, having received from his family a sufficient fortune to live without doing anything, he has a right to dispense with all profession and give himself up to what is called _leisure_. Some schools have condemned _leisure_ absolutely, have denounced what they call _idlers_ as the enemies of society. This is a rather delicate question, and concerning which one must guard against arriving at a too absolute conclusion.

And, in the first place, there cannot be question here of approving or permitting that sort of foolish and shameful leisure to which some young prodigals, without sense of dignity and morality, are given, who dissipate in disorder hereditary fortunes, or the wealth obtained by the indefatigable labor of their fathers. It is sometimes said that this does more good than harm, because fortunes pa.s.s thus from hand to hand, and each profits by it in his turn. But who does not know that to make a good use of a fortune is more profitable to society than dissipation? However that may be, nothing is more unworthy of youth than this nameless idleness, where all the strength of the body and soul, the energy of character, the life of the intelligence, all the gifts of nature are squandered. There have been sometimes seen superior souls who rose from such disorders victorious over themselves, and stronger for the combat of life. But how rare such examples! How often does it not, on the contrary, happen that the idleness of his youth determines the whole course of the man's life?

Sometimes, it is true, one may choose a life of leisure designedly, not with an idea of dissipation, but, on the contrary, with that of being free to do great things. Certain independent minds believe that a profession deprives a person of his liberty, narrows him, fastens him down to mean and monotonous occupations, subjects him to conventional and narrow modes of thinking--in short, that a positive kind of work weakens and lowers the mind. There is some truth in these remarks. Everybody has observed how men of different professions differ in their mode of thinking. What more different than a physician, a man of letters, a soldier, a merchant? All these men thought about the same in their youth; they see each other twenty years later; each has undergone a peculiar bent; each has his particular physiognomy, costume, etc. Not only has the profession absorbed the man, but it has also deadened his individuality. One may conceive, then, how some ambitious minds may expect to escape the yoke and preserve their liberty in renouncing all professions. To be subject to no fixed and prescribed occupation, to depend upon no master, to n.o.bly cultivate the mind in every direction, to make vast experiments, to be a stranger to nothing, bound to nothing, is not that, seemingly, the height of human happiness? Some men of genius have followed this system, and found no bad results from it. Descartes relates to us in his _Discours sur la Methode_ (Part I.), that, during nine years of his life, he did nothing but "roll about the world, hither and thither, trying to be a spectator, rather than an actor, in the comedies played therein." He tells us further, that he employed his "youth in traveling, in visiting courts and armies, in a.s.sociating with people of various humors and conditions, in gathering divers experiences, in testing himself in the encounters chance favored him with, etc." That this may be an admirable school, a marvelously instructive arena for well-endowed minds, no one will doubt; but what is possible and useful to a Descartes or a Pascal, will it suit the majority of men? Is it not to be feared that this wandering in every direction, this habit of having nowhere a foot-hold, may make the mind superficial and weaken its energy?

He who renounces being an actor, to be only a spectator, as did Descartes, takes too easy a part; he frees himself from all responsibility: this may sharpen the mind, but there will always remain some radical deficiency. Force of character, however, and personal superiority may set at naught all these conclusions--sound as they in general are in theory.[64]

It may, therefore, be doubtful whether a life of leisure, with some exceptions, be good for him who gives himself up to it; but what is not legitimate, is the kind of jealousy and envy which those who work often entertain against those who have nothing to do. There is a legitimate leisure and n.o.bly employed. For example, a legitimate leisure is that which, obtained through hereditary fortune, is engaged in gratuitously serving the country, in study, in the management of property, the cultivation of land, in travels devoted to observation and the amelioration of human things, in a n.o.ble intercourse with society. It is a grievous error to wish to blot out of societies all existence that has not gain for its end, and is not connected with daily wants. Property and riches are true social functions, and among the most difficult of functions. Those who know how to use them with profit, fill one of the most useful parts in society, and cannot be said to be without a profession.

=95. Of the choice of a profession.=--If it is necessary in society to have a profession, it is important that it be well chosen. He who is not in his right place, is wanting in some essential quality to fill the one he occupies:

"If the abbe de Carignan had yielded to the wishes of Madame de Soissons, his mother, what glory would not the house of Savoy have been deprived of! The empire would have been deprived of one of its greatest captains, one of the bulwarks of Christianity. Prince Eugene was a very great man in the profession they wished to interdict him; what would he have been in the profession they wished him to embrace?

M. de Retz insisted absolutely that his youngest son should be an ecclesiastic, despite the repugnance he manifested for this profession, despite the scandalous conduct he indulged in to escape from it. This duke [M. de Retz] gives to the church a sacrilegious priest, to Paris a sanguinary archbishop, to the kingdom a great rebel, and deprives his house of the last prop that could have sustained it."[65]

One should, therefore, study his vocation, not decide too quickly, get information on the nature and duties of different professions; then consult his taste, but without allowing himself to be carried away by illusory, proud, inconsistent fancies; consult wise and enlightened persons; finally, if necessary, make certain experiments, taking care, however, to stop in time.