The desire for such freedom as this, would in almost all ages of the world have been held inconsistent with proper respect for order and security. It would have been considered no more than the wicked longing of an unchastened spirit, the temptation of the Evil One himself. In the eighteenth century, however, we see the rise of new opinions. It may be that order had become so firmly established in the European world that a reaction could safely set in. At any rate we find a new way of looking at things. "Independence," a word which had been often used by the clerical party, and always as a term of reproach, is treated by the Philosophers with favor. Toleration of all kinds of opinions, and of most kinds of spoken words, is making way.[Footnote: In spite of the impatience shown by Voltaire of any criticism of himself, he and his followers did more than any other men that ever lived to make criticism free to all writers.] A new school of thinkers is adapting the new form of thought to economical matters. _Laissez faire; laissez pa.s.ser_.

Restrict the functions of government. Order will arise from the average of contending interests; right direction is produced by the sum of conflicting forces. The doctrine has exerted enormous influence since the French Revolution in resisting the claims of socialism,--that new form of tyranny in which all are to be the despot and each the slave.

But few of the Philosophers accepted it entirely. Most of them desired the constant interference of the government for one purpose or another, and many believed in the power, almost the omnipotence, of a mythical personage, borrowed in part from Plutarch and commonly called the Legislator.

The history and action of this personage may be roughly stated as follows. Every nation now civilized was in early days in a barbarous condition. Once upon a time, a great man came from somewhere, and brought a complete set of laws, morals, and manners with him. To these laws and customs he generally ascribed a divine origin. The nation to which they were proclaimed adopted them, and the people's subsequent happiness and prosperity were in proportion to their excellence. The reasons which are supposed to have induced the barbarous tribe to change all its habits at the bidding of one man are seldom given, or if given, are ludicrously inadequate. The theory of the legislator is now out of date. It is generally held that the inst.i.tutions of every race have grown up with it, that they are appropriate to its nature and history, gradually modified sometimes by act of the national will, and more or less changed under foreign influences, but that their general character cannot suddenly be subverted. Its inst.i.tutions thus as truly belong to a civilized race, as the skin without fur or the erect position belong to mankind. There is some evidence in support of either theory, and the truth will probably be found to lie between them, although nearer to the latter. Yet the effect of a higher civilization implanted on a lower one seems at times singularly rapid. The story of the legislator is a part of most early histories and mythologies. The cla.s.sical model has generally been held to be either Minos or Lycurgus. There were few clever men in France between the years 1740 and 1790 who did not dream of trying on the sandals of those worthies.

While the ideas attached to equality and to liberty were vague and indefinite, it was generally a.s.sumed that they would coincide. Liberty and equality, however, have tendencies naturally opposed to each other.

Remove the exterior forces which control the wills of men, overturn foreign domination, give every citizen political rights, reduce the interference of laws to a minimum, and the natural differences and inequalities of physical, mental, and moral strength, or power of will, inherent in mankind, will have the fuller opportunity to act. The strong improve their natural advantage, they acquire dominion over their weaker neighbors, they monopolize opportunities for themselves, their friends and their children. Only by keeping all men in strict subjection to something outside of themselves can all be kept in comparative equality.

This fact was instinctively apprehended by one school of French thinkers. We shall see that the followers of Rousseau, while posing as champions of Liberty, were in fact the founders of a system which is the very ant.i.thesis of individual freedom.[Footnote: It is perhaps needless to remark that I have touched here only on the political meanings of the word Liberty. In the eighteenth century the word was much used in its philosophical sense, and the eternal problem of necessity and free-will was warmly discussed.]

CHAPTER X.

MONTESQUIEU.

One man stands out among the French n.o.bility of the gown in the eighteenth century, influencing human thought beyond the walls of the court-room; one Philosopher who looks on existing society as something to be saved and directed. The work of Voltaire and his followers was princ.i.p.ally negative. Their favorite task was demolition. The ugly and uninhabitable edifices of Rousseau's genius required for their erection a field from which all possible traces of civilized building had been removed. But Montesquieu, while he satirized the vices of the society which he saw about him, yet appreciated at their full value the benefits of civilization. He recognized that change is always accompanied by evil, even if its preponderating result be good, and that it should be attempted only with care and caution. His ideas influenced the leading men of the second half of the century somewhat in proportion to their judgment and in inverse proportion to their enthusiasm.

Charles Louis de Secondat, Baron of Montesquieu, born in 1689, was by inheritance one of the presidents of the Parliament of Bordeaux.

[Footnote: In his youth he was known as Charles Louis de la Brede, the name being taken from a fief of his mother. The name of Montesquieu he inherited from an uncle, together with his place of _president a mortier_. Vian, _Histoire de Montesquieu_, 16, 30.] He was recognized in early life as a rising man, a respectable magistrate, sensible and brilliant rather than learned; a man of the world, rich and thrifty, not very happily married, and fond of the society of ladies. In appearance he was ugly, with a large head, weak eyes, a big nose, a retreating forehead and chin. In temperament he was calm and cheerful.

"I have had very few sorrows," he says, "and still less ennui."--"Study has been to me a sovereign remedy against the troubles of life, and I have never had a grief that an hour's reading would not dissipate." He was shy, he tells us, but less among bright people than among stupid ones. Good-natured he appears to have been, and somewhat selfish; easily amused, less by what people said than by their way of saying it. He was a good landlord and a kind master. It is told of him that one day, while scolding one of his servants, he turned round with a laugh to a friend standing by. "They are like clocks," said he, "and need winding up now and then".[Footnote: See the medallion given in Vian, and said by the _Biographie universelle_ to be the only authentic portrait. Also Montesq. vii. 150, (_Pensees diverses.

Portrait de M. par lui-meme_, apparently written when he was about forty). Also Vian, 141.]

Montesquieu set himself a high standard of duty. In a paper intended only for his son, he writes: "If I knew something which was useful to myself and injurious to my family, I should reject it from my mind. If I knew of anything which was useful to my family and which was not so to my country, I should try to forget it. If I knew something useful to my country, which was injurious to Europe and the human race, I should consider it a crime."[Footnote: Montesq., vii. 157.]

Montesquieu's first book appeared in 1721, a book very different from those which followed it. It is witty and licentious after a rather stately fashion, full of keen observation and cutting satire. In contrast to the books of other famous writers of the century, the "Persian Letters" are eminently the work of a gentleman;--of a French gentleman, when the Duke of Orleans was Regent.

The "Lettres Persanes" are, as their name suggests, the supposed correspondence of two rich Persians, Usbek and Rica, traveling in France and exchanging letters with their friends and their eunuchs in Persia.

The letters which the travelers receive, containing the gossip of their harems, form but the smaller portion of the book, and are evidently intended to give it variety and lightness. In the letters which they write to their Persian correspondents we have the satirical picture of French society. How far had the ruling, infallible church sunk in the minds of Frenchmen, when a well-placed and rather selfish man could write what follows.

"The Pope is the chief of the Christians. He is an old idol, to which people burn incense from the force of habit. In old times he was formidable even to princes; for he deposed them as easily as our magnificent Sultans depose the kings of Irimette and of Georgia. But he is no longer feared. He calls himself the successor of one of the earliest Christians, known as Saint Peter; and it is certainly a rich inheritance, for he has enormous treasures and a rich country under his dominion."

The bishops are legists, subordinate to the Pope. They have two functions. When a.s.sembled they make articles of faith as he does. When separate, they dispense people from obeying the law. For the Christian religion is full of difficult observances; and it is thought to be harder to do your duty than to have bishops to give you dispensation.

The doctors, bishops, and monks are constantly raising questions on religious subjects, and dispute for a long time, until at last an a.s.sembly is held to decide among them. In no kingdom have there been as many civil wars as in that of Christ.[Footnote: Montesq., i. 124.

Letter xxix.]

Farther on we have a picture of the way in which religion is regarded in French society. It is less a subject of sanctification than of dispute.

Courtiers, soldiers, even women, rise up against ecclesiastics and ask them to prove what the others have resolved not to believe. This is not because people have determined their minds by reason, nor that they have taken the trouble to examine the truth or falsehood of this religion which they reject. They are rebels who have felt the yoke and who have shaken it off before they have known it. They are, therefore, no firmer in their unbelief than in their faith. They live in an ebbing and flowing tide, which unceasingly carries them from one to the other.

[Footnote: Montesq., i. 251. Letter lxxv.] Making a large allowance for satire, we have yet an interesting and doleful picture of a small but important part of the French nation. And it is noticeable that the Persian Letters precede by thirteen years Voltaire's "Philosophical," or "English Letters."[Footnote: 1721-1734.]

Montesquieu argues that it is well to have several sects in a country, as they keep a watch on each other, and every man is anxious not to disgrace his party. But it is for toleration and not for equality that the author pleads. A state church seemed almost necessary to thought in the early part of the eighteenth century. Yet Montesquieu has no great liking for any form of dogmatic religion; in this he belongs distinctly with the Philosophers; morality is, in his eyes, the great, perhaps the only thing to be desired; obedience to law, love to men, filial piety, those, he says, are the first acts of all religions; ceremonies are good only on the supposition that G.o.d has commanded them; but about the commands of G.o.d it is easy to be mistaken, for there are two thousand religions, each of which puts in its claim. Thus was the great argument of the Catholics, that the multiplicity of Protestant sects--provided their falsity, turned against its inventors.[Footnote: Ibid., i. 164.

Letter xlvi. Compare with Montesquieu's opinion, expressed in the _Spirit of the Laws_, that the sovereign should neither allow the establishment of a new form of religion, nor persecute one already established.]

The licentiousness of the "Persian Letters" has been mentioned. It is one of the most noticeable features of the writings of the Philosophers of the eighteenth century that the whole subject of s.e.xual morality is viewed by them from a standpoint different from that taken by ourselves.

The thinking Frenchmen of that age believed that there was a system of natural morals, imposed on man by his own nature and the nature of things. They believed that there was also an artificial system resting only on positive law, or on the ordinances of the church. It was the tendency of the ecclesiastical mind to ignore that distinction. That tendency had been pushed too far and had produced a reaction.

The distinction is one which is not quite disregarded even by men of those races which have most respect for law. n.o.body feels that the injunction to keep off the gra.s.s in a public park, or the rule to pa.s.s to the right in driving, is of quite the same sort of obligation as the precept to keep your hands from picking and stealing. A far greater amount of odium is incurred by the known breach of a rule of natural morals, than by that of a rule depending solely on the ordinance of the legislative power. Smuggling may be mentioned as a crime coming near the dividing line in the popular feeling of most countries. Few men would feel as much disgraced at being caught by a custom-house officer, with a box of cigars hidden under the trowsers at the bottom of their trunk, as at being seized in the act of stealing the same box from the counter of a tobacconist. In countries where the laws are arbitrary and the law-making power distrusted, this distinction is more strongly marked than where the government has the full confidence and approbation of the community. The more progressive Frenchmen of a hundred and fifty years ago believed the laws of their country to be bad in many respects. They therefore thought that there was a great difference between what jurists call _prohibited wrong_ and _wrong in itself_.

Now, admitting this distinction to exist in men's minds, there is one large cla.s.s of crimes and vices which is put in one category by most Anglo-Saxons and which was put in the other by the French Philosophers.

These are the breaches of the s.e.xual laws. It is one of the greatest services of the church to Christendom that she has always laid particular emphasis on the duty of chast.i.ty. It is one of her greatest errors, that she has exalted the practice of celibacy over that of conjugal fidelity. The Philosophers, as was their custom, looked abroad on the practice of various nations. They found that some of the ancients granted divorce freely at the request of either party. They learned that Orientals generally allowed polygamy. They saw in their own country a low state of s.e.xual morals among the highest cla.s.ses, partly due perhaps to the example of a depraved court. Observation and desire concurred with hatred of the clergy to warp their judgments. They forgot, at least in part, that chast.i.ty is the foundation of the family and the civilized state; that divorce and polygamy, although of momentous importance, are but secondary questions; that on s.e.xual self-restraint civilization rests, as much as on respect for life and property. On the false theory that unchast.i.ty is but an artificial crime, the delusive invention of an ascetic church, will, I think, be found to depend much that has been worst in the practice of Frenchmen, much that is most disgusting in their literature.[Footnote: The commandment "Thou shalt not commit adultery" is equally applicable to polygamists and monogamists. It was originally promulgated to the former, and to a nation in which a man could put away his wife.]

This theory is seldom held unreservedly. In the "Persian Letters" it goes no farther than an elaborate apology for divorce, a scathing denunciation of celibacy, and a general licentiousness of tone. The later writings of Montesquieu are free from indecency. But it is noticeable of him, perhaps the most high-minded of the Philosophers, and of the rest of them, that while they constantly insist on the importance of virtue, they hardly rank chast.i.ty among the virtues.[Footnote: See the story of a Guebir who marries his sister, Montesq., i. 226, Letter lxvii. The point appears to be that the laws forbidding marriage in cases of consanguinity are arbitrary.]

The monarchy fares little better than the church in the "Persian Letters." "The King of France," says Rica, "is the most powerful prince in Europe. He has no gold-mines like his neighbor the King of Spain; but he has more wealth than the latter, for he draws it from the vanity of his subjects, more inexhaustible than mines. He has been known to undertake and carry on great wars, with no other resource than t.i.tles of honor to sell; and by a prodigy of human pride, his troops were paid, his forts furnished, his fleets equipped."

"Moreover, this king is a great magician; he rules the very minds of his subjects; he makes them think as he pleases. If he has only one million dollars in his treasury and needs two, he has but to a.s.sure them that one dollar is worth two, and they believe him. If he has a difficult war to carry on, and has no money, he has but to put it into their heads that a piece of paper is bullion, and immediately they are convinced. He even goes so far as to make them believe that he cures them of all manner of diseases by touching them. Such is the strength and power that he has over their minds."[Footnote: Ibid., i. 110, Letter xxiv.

Referring to the sale of offices and t.i.tles, to the habit of debasing the coinage, and to that of touching for scrofula.]

"What I tell you of this prince need not astonish you, There is another magician stronger than he; who is no less master of the king's spirit, than the king himself is of that of others. This magician is called the Pope. Sometimes he makes the king believe that three are only one; that the bread people eat is not bread, that the wine that they drink is not wine, and many things of the same kind."

Rica has seen the young king, Louis XV. His countenance is majestic and charming; a good education, added to a good natural disposition, gives promise of a great sovereign. But Rica is informed that you cannot tell about these western kings until you know of their mistress and their confessor. "Under a young prince these exercise rival powers; under an old one, they are united. The strength of a young king makes the dervish weak; but the mistress turns both strength and weakness to account."

[Footnote: Montesq., i. 339, Letter cvii.]

The Christian princes long ago freed all the slaves in their states; saying that Christianity made all men equal. This religious action was very useful to them, for it abridged the power of their chief lords.

Since then, they have conquered new countries where slavery was profitable. They have forgotten their religion and allowed slaves to be bought and sold.[Footnote: Ibid., i. 252, Letter lxxv.]

The French are more governed by the laws of honor than the Persians, because they are more free. But the sanctuary of honor, reputation, and virtue seems to be built in republics, where a man may feel that he has indeed a country. In Greece and Rome a crown of leaves, a statue, the praise of the state, were recompense enough for a battle won or a city taken. Switzerland and Holland, with the poorest soil in Europe, are the most populous countries for their area. Liberty--and opulence, which always follows it--draws strangers to the country. Political equality among citizens generally produces equality of fortune, and scatters abundance and life.

But under an arbitrary government, the prince, his courtiers, and a few individuals, possess all the wealth, while the rest of the country suffers from extreme poverty.[Footnote: Montesq., i. 291, Letter lx.x.xix. See also pp. 381, 386, Letters cxxii., cxxiv.]

The satirical character of the "Persian Letters" is sufficiently evident from the extracts given above. But Montesquieu is far more widely and justly known as a wise and learned writer on government than as a satirist. The book we have been considering was by far the lightest, as it was the earliest, of his considerable writings. The good sense, caution, and conservatism of his nature appear in the "Persian Letters"

less conspicuously than in his later works; yet, even there, are in marked contrast to the haste and shallowness of many of the Philosophers. "It is true'," he says, "that laws must sometimes be altered, but the case is rare; and when it happens, they should be touched with a trembling hand; and so many solemnities should be observed, and so many precautions used, that the people may naturally conclude that the laws are very sacred, since so many formalities are necessary to abrogate them."[Footnote: Ibid., i. 401, Letter cxxix.]

Here is an opinion, overstated perhaps, but not without its frequent ill.u.s.trations since he wrote it. "It seems ... that the largest heads grow narrow when they are a.s.sembled, and that where there are, most wise men, there is least wisdom. Large bodies are always deeply attached to details, to vain customs; and essential matters are always postponed. I have heard that a king of Aragon, having a.s.sembled the Estates of Aragon and Catalonia, the first meetings were taken up in deciding in what language the deliberations should be held. The dispute was lively, and the Estates would have broken up a thousand times, had not an expedient been hit upon, which was that the questions should be put in Catalonian and the answers given in Aragonese."[Footnote: Montesq., i. 344, Letter cix. See several of the princ.i.p.al deliberative bodies of the world so bound by their own rules that they can scarcely move; and compare with them in point of efficiency the small legislatures and boards which manage many important and complicated interests promptly, sitting with closed doors.]

"I have never heard people talk about public law," he says in another letter, "that they did not inquire carefully what was the origin of society; which strikes me as absurd. If men did not form a society, if they separated and fled from each other, we should have to ask the reason of it, and to seek out why they kept apart. But they are created all bound to each other, the son is born near his father and stays there; this is society, and the cause of society."[Footnote: Ibid., i.

301, Letter xciv.]

A satirical book, like the "Persian Letters," could not have been openly published in France under Louis XV. The first edition was in fact printed at Amsterdam, although Cologne appeared on the t.i.tle-page as the place of publication. The book was anonymous, but Montesquieu was well known to be the author, and speedily acquired a great reputation. After several years, for things did not move fast in Old France, he was proposed for election to the Academy. To be one of the forty members of that body is the legitimate ambition of the literary Frenchman. The Cardinal de Fleury, who was prime minister, is said to have announced that the king would never consent to the election of the author of the "Persian Letters." He added that he had not read the book, but that people in whom he had confidence a.s.sured him that it was dangerous.

According to Voltaire, Montesquieu thereupon had a garbled edition of the Letters hastily printed, himself took a copy to the Cardinal, induced His Eminence to read a part of it, and, with the help of friends, prevailed on him to alter his decision. Such a trick is more worthy of Voltaire, who continually denied his own works, than of Montesquieu, who, I believe, never did so. D'Alembert tells the story in a way entirely creditable to the latter. He says that Montesquieu saw the minister, told him that for private reasons he did not give his name to the "Persian Letters," but that he was far from disowning a book of which he did not think he had cause to be ashamed. He then insisted that the Letters should be judged after reading them, and not on hearsay.

Thereupon the Cardinal read the book, was pleased with it and with its author, and withdrew his opposition to the latter's election to the Academy.[Footnote: _Nouvelle Biographie Universelle. Voltaire (Siecle de Louis XIV. liste des ecrivains)_. D'Alembert, vi. 252. The date of Montesquieu's election was Jan. 24, 1728. See a discussion of the whole story in Vian, 100. Montesquieu is there said to have threatened to leave France, and to have declined a pension at this time. Montesquieu tells the story of the pension, but without fixing a date: "Je dis que n'ayant pas fait de ba.s.sesse, je n'avais pas besoin d'etre console par des graces," vii. 157. Voltaire was always jealous of Montesquieu's reputation; and also, at this time, out of temper with the Academy, to which he was elected only in 1746.]

A little before this time Montesquieu resigned his place as one of the presidents of the Parliament of Bordeaux, selling the life estate in it, but reserving the reversion for his son. Having thus obtained leisure, he set out on a long course of travel, lasting three years. "In France,"

said he later, "I make friends with everybody; in England with n.o.body; in Italy I make compliments to every one; in Germany I drink with every one." "When I go into a country, I do not look to see if there are good laws, but whether they execute those they have; for there are good laws everywhere."[Footnote: Vian, 90. Montesq. vii. 186, 189.]

Montesquieu arrived in England in the autumn of 1729, sailing from Holland in the yacht of Lord Chesterfield, whose acquaintance he had made on the Continent. He spent seventeen months in the country, and, in spite of his epigram about making friends with n.o.body, saw some of the most eminent men, including Swift and Pope, was received by the Royal Society, and presented at Court. At a time when England and the English language were little known in France, he studied them in a way which deeply influenced all his views of government. "In London," he says, "liberty and equality. The liberty of London is the liberty of the best people,[Footnote: _Honnestes gens,_ which cannot be exactly translated. Montesq., vii. 185. Vian, 112.] in which it differs from the liberty of Venice, "which is the liberty of debauchery." The equality of London is also the equality of the best people, in which it differs from the liberty of Holland, which is the liberty of the populace."

"England is at present the most free country in the world; I do not except any republic. I call it free because the prince can do no conceivable harm to anybody; because his power is controlled and limited by a law. But if the lower chamber should become them mistress, its power would be unlimited and dangerous, because it would have executive power also; whereas now unlimited power is in the parliament and the king, and the executive power in the king, whose power is limited. A good Englishman must, therefore, seek to defend liberty equally against the attacks of the crown and those of the chamber."[Footnote: Montesq., vii. 195 (_Notes sur l'Angleterre_).]

Montesquieu brought back from England an admiration of what he had seen there as genuine, and far more discriminating than that of Voltaire.

While the studies of Montesquieu were princ.i.p.ally directed to the political inst.i.tutions of the country, those of Voltaire embraced the philosophy and social life of England. Through these two great men, more perhaps than through any others, English ideas were spread in France in the middle of the eighteenth century.[Footnote: Voltaire returned from England a few months before Montesquieu went there in 1729.]

Montesquieu now went on with his studies with an enlarged mind. He would appear, before he started on his travels, to have already formed the project of writing a great work on the Spirit of the Laws. But in 1784 he published a smaller book, the "Greatness and Decadence of the Romans." It is said that this essay was composed of a part of the material collected for the Spirit of the Laws, and was published separately in order not to give the Romans too large a place in the more important work. This has been doubted, but there is nothing either in the subject or in the treatment to make it improbable. Nor is it important, so long as between the two books there is unity of purpose and agreement of method.

The "Greatness and Decadence of the Romans" is a study of philosophic history. In form it is not unlike Machiavelli's Discourses on the first ten books of Livy. That remarkable work would have been most profitable reading for Frenchmen of the eighteenth century, as it must be in all times for students of the science of politics. Of republics Machiavelli had more experience than Montesquieu. Both considered the republican form of government the most desirable; both thought it impossible without the preservation of substantial equality of property among the citizens. Montesquieu, who knew more of monarchy than Machiavelli, had also more faith in it. Both hated the Rule of the Roman Church.

[Footnote: Machiavelli, ii. 210. Montesq., ii. 136, 140. Mach., ii.

130.] The Frenchman excels the Italian in practical wisdom; he is also more brilliant. By his brilliancy he may sometimes have been led away, but I think not often. While we feel in reading Voltaire that the sparkling point is often the cause of the saying, with Montesquieu we are generally struck with the weight of thought in what we read.

"The tyranny of a prince," says Montesquieu, "does not bring him nearer to ruin, than indifference to the public good brings a republic. The advantage of a free state is that the revenues are better administered--but how if they are worse? The advantage of a free state is that there are no favorites; but when that is not the case, and when instead of enriching the prince's friends and relations, all the friends and relations of all those who share in the government have to be enriched, all is lost; the laws are evaded more dangerously than they are violated by a prince, who, being always the greatest citizen of a state, has the most interest in its preservation."[Footnote: Montesq., ii. 139.]