Benjamin Constant, The Liberty of Ancients Compared with that of
Moderns (1819)
I wish to submit for your attention a few distinctions, still rather new,
between two kinds of liberty: these differences have thus far remained
unnoticed, or at least insufficiently remarked. The first is the liberty the
exercise of which was so dear to the ancient peoples; the second the one the
enjoyment of which is especially precious to the modern nations. If I am right,
this investigation will prove interesting from two different angles.
Firstly, the confusion of these two kinds of liberty has been amongst us,
in the all too famous days of our revolution, the cause of many an evil. France
was exhausted by useless experiments, the authors of which, irritated by their
poor success, sought to force her to enjoy the good she did not want, and
denied her the good which she did want. Secondly, called as we are by our happy
revolution (I call it happy, despite its excesses, because I concentrate my
attention on its results) to enjoy the benefits of representative government,
it is curious and interesting to discover why this form of government, the only
one in the shelter of which we could find some freedom and peace today, was
totally unknown to the free nations of antiquity.
I know that there are writers who have claimed to distinguish traces of it
among some ancient peoples, in the Lacedaemonian republic for example, or
amongst our ancestors the Gauls; but they are mistaken. The Lacedaemonian
government was a monastic aristocracy, and in no way a representative
government. The power of the kings was limited, but it was limited by the
ephors, and not by men invested with a mission similar to that which election
confers today on the defenders of our liberties. The ephors, no doubt, though originally
created by the kings, were elected by the people. But there were only five of
them. Their authority was as much religious as political; they even shared in
the administration of government, that is, in the executive power. Thus their
prerogative, like that of almost all popular magistrates in the ancient
republics, far from being simply a barrier against tyranny became sometimes
itself an insufferable tyranny.
The regime of the Gauls, which quite resembled the one that a certain party
would like to restore to us, was at the same time theocratic and warlike. The
priests enjoyed unlimited power. The military class or nobility had markedly
insolent and oppressive privileges; the people had no rights and no safeguards.
In Rome the tribunes had, up to a point, a representative mission. They
were the organs of those plebeians whom the oligarchy -- which is the same in
all ages -- had submitted, in overthrowing the kings, to so harsh a slavery.
The people, however, exercised a large part of the political rights directly.
They met to vote on the laws and to judge the patricians against whom charges
had been leveled: thus there were, in Rome, only feeble traces of a
representative system.
This system is a discovery of the moderns, and you will see, Gentlemen, that
the condition of the human race in antiquity did not allow for the introduction
or establishment of an institution of this nature. The ancient peoples could
neither feel the need for it, nor appreciate its advantages. Their social
organization led them to desire an entirely different freedom from the one
which this system grants to us. Tonight's lecture w ill be devoted to
demonstrating this truth to you.
First ask yourselves, Gentlemen, what an Englishman, a French-man, and a
citizen of the United States of America understand today by the word 'liberty'.
For each of them it is the right to be subjected only to the laws, and to be
neither arrested, detained, put to death or maltreated in any way by the
arbitrary will of one or more individuals. It is the right of everyone to
express their opinion, choose a profession and practice it, to dispose of
property, and even to abuse it; to come and go without permission, and without
having to account for their motives or undertakings. It is everyone's right to
associate with other individuals, either to discuss their interests, or to
profess the religion which they and their associates prefer, or even simply to
occupy their days or hours in a way which is most compatible with their
inclinations or whims. Finally it is everyone's right to exercise some
influence on the administration of the government, either by electing all or
particular officials, or through representations, petitions, demands to which
the authorities are more or less compelled to pay heed. Now compare this
liberty with that of the ancients.
The latter consisted in exercising collectively, but directly, several
parts of the complete sovereignty; in deliberating, in the public square, over
war and peace; in forming alliances with foreign governments; in voting laws,
in pronouncing judgments; in examining the accounts, the acts, the stewardship
of the magistrates; in calling them to appear in front of the assembled people,
in accusing, condemning or absolving them. But if this was what the ancients called
liberty, they admitted as compatible with this collective freedom the complete
subjection of the individual to the authority of the community. You find among
them almost none of the enjoyments which we have just seen form part of the
liberty of the moderns. All private actions were submitted to a severe
surveillance. No importance was given to individual independence, neither in
relation to opinions, nor to labor, nor, above all, to religion. The right to
choose one's own religious affiliation, a right which we regard as one of the
most precious, would have seemed to the ancients a crime and a sacrilege. In
the domains which seem to us the most useful, the authority of the social body
interposed itself and obstructed the will of individuals. Among the Spartans,
Therpandrus could not add a string to his lyre without causing offense to the
ephors. In the most domestic of relations the public authority again
intervened. The young Lacedaemonian could not visit his new bride freely. In
Rome, the censors cast a searching eye over family life. The laws regulated
customs, and as customs touch on everything, there was hardly anything that the
laws did not regulate.
Thus among the ancients the individual, almost always sovereign in public
affairs, was a slave in all his private relations. As a citizen, he decided on
peace and war; as a private individual, he was constrained, watched and
repressed in all his movements; as a member of the collective body, he
interrogated, dismissed, condemned, beggared, exiled, or sentenced to death his
magistrates and superiors; as a subject of the collective body he could himself
be deprived of his status, stripped of his privileges, banished, put to death,
by the discretionary will of the whole to which he belonged. Among the moderns,
on the contrary, the individual, independent in his private life, is, even in
the freest of states, sovereign only in appearance. His sovereignty is
restricted and almost always suspended. If, at fixed and rare intervals, in
which he is again surrounded by precautions and obstacles, he exercises this
sovereignty, it is always only to renounce it.
I must at this point, Gentlemen, pause for a moment to anticipate an
objection which may be addressed to me. There was in antiquity a republic where
the enslavement of individual existence to the collective body was not as
complete as I have described it. This republic was the most famous of all: you
will guess that I am speaking of Athens. I shall return to it later, and in
subscribing to the truth of this fact, I shall also indicate its cause. We
shall see why, of all the ancient states, Athens was the one which most
resembles the modern ones. Everywhere else social jurisdiction was unlimited.
The ancients, as Condorcet says, had no notion of individual rights. Men were,
so to speak, merely machines, whose gears and cog-wheels were regulated by the
law. The same subjection characterized the golden centuries of the Roman
republic; the individual was in some way lost in the nation, the citizen in the
city. We shall now trace this essential difference between the ancients and
ourselves back to its source.
All ancient republics were restricted to a narrow territory. The most
populous, the most powerful, the most substantial among them, was not equal in
extension to the smallest of modern states. As an inevitable consequence of
their narrow territory, the spirit of these republics was bellicose; each
people incessantly attacked their neighbors or was attacked by them. Thus
driven by necessity against one another, they fought or threatened each other
constantly. Those who had no ambition to be conquerors, could still not lay
down their weapons, lest they should themselves be conquered. All had to buy
their security, their independence, their whole existence at the price of war.
This was the constant interest, the almost habitual occupation of the free
states of antiquity. Finally, by an equally necessary result of this way of
being, all these states had slaves. The mechanical professions and even, among
some nations, the industrial ones, were committed to people in chains.
The modern world offers us a completely opposing view. The smallest states
of our day are incomparably larger than Sparta or than Rome was over five
centuries. Even the division of Europe into several states is, thanks to the
progress of enlightenment, more apparent than real. While each people, in the
past, formed an isolated family, the born enemy of other families, a mass of
human beings now exists, that under different names and under different forms
of social organization are essentially homogeneous in their nature. This mass
is strong enough to have nothing to fear from barbarian hordes. It is
sufficiently civilized to find war a burden. Its uniform tendency is towards
peace.
This difference leads to another one. War precedes commerce. War and
commerce are only two different means of achieving the same end, that of
getting what one wants. Commerce is simply a tribute paid to the strength of
the possessor by the aspirant to possession. It is an attempt to conquer, by
mutual agreement, what one can no longer hope to obtain through violence. A man
who was always the stronger would never conceive the idea of commerce. It is
experience, by proving to him that war, that is the use of his strength against
the strength of others, exposes him to a variety of obstacles and defeats, that
leads him to resort to commerce, that is to a milder and surer means of
engaging the interest of others to agree to what suits his own. War is all
impulse, commerce, calculation. Hence it follows that an age must come in which
commerce replaces war. We have reached this age.
I do not mean that amongst the ancients there were no trading peoples. But
these peoples were to some degree an exception to the general rule. The limits
of this lecture do not allow me to illustrate all the obstacles which then
opposed the progress of commerce; you know them as well as I do; I shall only
mention one of them.
Their ignorance of the compass meant that the sailors of antiquity always
had to keep close to the coast. To pass through the pillars of Hercules, that
is, the straits of Gibraltar, was considered the most daring of enterprises.
The Phoenicians and the Carthaginians, the most able of navigators, did not
risk it until very late, and their example for long remained without imitators.
In Athens, of which we shall talk soon, the interest on maritime enterprises
was around 60%, while current interest was only I2%: that was how dangerous the
idea of distant navigation seemed.
Moreover, if I could permit myself a digression which would unfortunately prove
too long, I would show you, Gentlemen, through the details of the customs,
habits, way of trading with others of the trading peoples of antiquity, that
their commerce was itself impregnated by the spirit of the age, by the
atmosphere of war and hostility which surrounded it. Commerce then was a lucky
accident, today it is the normal state of things, the only aim, the universal
tendency, the true life of nations. They u ant repose, and with repose comfort,
and as a source of comfort, industry. Every day war becomes a more ineffective
means of satisfying their wishes. Its hazards no longer offer to individuals
benefits that match the results of peaceful work and regular exchanges.
Among the ancients, a successful war increased both private and public wealth
in slaves, tributes and lands shared out. For the moderns, even a successful
war costs infallibly more than it is worth. Finally, thanks to commerce, to
religion, to the moral and intellectual progress of the human race, there are
no longer slaves among the European nations. Free men must exercise all
professions, provide for all the needs of society.
It is easy to see, Gentlemen, the inevitable outcome of these differences.
Firstly, the size of a country causes a corresponding decrease of the political
importance allotted to each individual. The most obscure republican of Sparta
or Rome had power. The same is not true of the simple citizen of Britain or of
the United States. His personal influence is an imperceptible part of the
social will which impresses on the government its direction.
Secondly, the abolition of slavery has deprived the free population of all
the leisure which resulted from the fact that slaves took care of most of the
work. Without the slave population of Athens, 20,000 Athenians could never have
spent every day at the public square in discussions. Thirdly, commerce does
not, like war, leave in men's lives intervals of inactivity. The constant
exercise of political rights, the daily discussion of the affairs of the state,
disagreements, confabulations, the whole entourage and movement of factions,
necessary agitations, the compulsory filling, if I may use the term, of the
life of the peoples of antiquity, who, without this resource would have
languished under the weight of painful inaction, would only cause trouble and
fatigue to modern nations, where each individual, occupied with his
speculations, his enterprises, the pleasures he obtains or hopes for, does not
wish to be distracted from them other than momentarily, and as little as possible.
Finally, commerce inspires in men a vivid love of individual independence.
Commerce supplies their needs, satisfies their desires, without the
intervention of the authorities. This intervention is almost always -- and I do
not know why I say almost -- this intervention is indeed always a trouble and
an embarrassment. Every time collective power wishes to meddle with private
speculations, it harasses the speculators. Every time governments pretend to do
our own business, they do it more incompetently and expensively than we would.
I said, Gentlemen, that I would return to Athens, whose example might be
opposed to some of my assertions, but which will in fact confirm all of them.
Athens, as I have already pointed out, was of all the Greek republics the most
closely engaged in trade, thus it allowed to its citizens an infinitely greater
individual liberty than Sparta or Rome. If I could enter into historical
details, I would show you that, among the Athenians, commerce had removed
several of the differences which distinguished the ancient from the modern
peoples. The spirit of the Athenian merchants was similar to that of the
merchants of our days. Xenophon tells us that during the Peloponesian war, they
moved their capitals from the continent of Attica to place them on the islands
of the archipelago. Commerce had created among them the circulation of money.
In Isocrates there are signs that bills of exchange were used. Observe how
their customs resemble our own. In their relations with women, you will see,
again I cite Xenophon, husbands, satisfied when peace and a decorous friendship
reigned in their households, make allowances for the wife who is too vulnerable
before the tyranny of nature, close their eyes to the irresistible power of
passions, forgive the first weakness and forget the second. In their relations
with strangers, we shall see them extending the rights of citizenship to
whoever would, by moving among them with his family, establish some trade or
industry.
Finally, we shall be struck by their excessive love of individual
independence. In Sparta, says a philosopher, the citizens quicken their step
when they are called by a magistrate; but an Athenian would be desperate if he
were thought to be dependent on a magistrate. However, as several of the other
circumstances which determined the character of ancient nations existed in
Athens as well; as there was a slave population and the territory was very
restricted; we find there too the traces of the liberty proper to the ancients.
The people made the laws, examined the behavior of the magistrates, called
Pericles to account for his conduct, sentenced to death the generals who had
commanded the battle of the Arginusae. Similarly ostracism, that legal
arbitrariness, extolled by all the legislators of the age; ostracism, which
appears to us, and rightly so, a revolting iniquity, proves that the individual
was much more subservient to the supremacy of the social body in Athens, than
he is in any of the free states of Europe today.
It follows from what I have just indicated that w e can no longer enjoy the
liberty of the ancients, which consisted in an active and constant
participation in collective power. Our freedom must consist of peaceful
enjoyment and private independence. The share which in antiquity ever;one held
in national sovereignty was by no means an abstract presumption as it is in our
own day. The w ill of each individual had real influence: the exercise of this
will was a vivid and repeated pleasure. Consequently the ancients were ready to
make many a sacrifice to preserve their political rights and their share in the
administration of the state. Everybody, feeling with pride all that his
suffrage was worth, found in this awareness of his personal importance a great
compensation.
This compensation no longer exists for us today. Lost in the multitude, the
individual can almost never perceive the influence he exercises. Never does his
will impress itself upon the whole; nothing confirms in his eyes his own
cooperation. The exercise of political rights, therefore, offers us but a part
of the pleasures that the ancients found in it, while at the same time the
progress of civilization, the commercial tendency of the age, the communication
amongst peoples, have infinitely multiplied and varied the means of personal
happiness.
It follows that we must be far more attached than the ancients to our
individual independence. For the ancients when they sacrificed that
independence to their political rights, sacrificed less to obtain more; while
in making the same sacrifice! we would give more to obtain less. The aim of the
ancients was the sharing of social power among the citizens of the same
fatherland: this is what they called liberty. The aim of the moderns is the
enjoyment of security in private pleasures; and they call liberty the
guarantees accorded by institutions to these pleasures .
I said at the beginning that, through their failure to perceive these
differences, otherwise well-intentioned men caused infinite evils during our
long and stormy revolution. God forbid that I should reproach them too harshly.
Their error itself was excusable. One could not read the beautiful pages of
antiquity, one could not recall the actions of its great men, without feeling
an indefinable and special emotion, which nothing modern can possibly arouse.
The old elements of a nature, one could almost say, earlier than our own, seem
to awaken in us in the face of these memories. It is difficult not to regret
the time when the faculties of man developed along an already trodden path, but
in so wide a career, so strong in their own powers, with such a feeling of
energy and dignity. Once we abandon ourselves to this regret, it is impossible
not to wish to imitate what we regret. This impression was very deep,
especially when we lived under vicious governments, which, without being
strong, were repressive in their effects; absurd in their principles; wretched
in action; governments which had as their strength arbitrary power; for their
purpose the belittling of mankind; and which some individuals still dare to
praise to us today, as if we could ever forget that we have been the witnesses
and the victims of their obstinacy, of their impotence and of their overthrow.
The aim of our reformers was noble and generous. Who among us did not feel his
heart beat with hope at the outset of the course which they seemed to open up?
And shame, even today, on whoever does not feel the need to declare that
acknowledging a few errors committed by our first guides does not mean
blighting their memory or disowning the opinions which the friends of mankind
have professed throughout the ages.
But those men had derived several of their theories from the works of two
philosophers who had themselves failed to recognize the changes brought by two
thousand years in the dispositions of mankind. I shall perhaps at some point
examine the system of the most illustrious of these philosophers, of
Jean-Jacques Rousseau, and I shall show that, by transposing into our modern
age an extent of social power, of collective sovereignty, which belonged to
other centuries, this sublime genius, animated by the purest love of liberty,
has nevertheless furnished deadly pretexts for more than one kind of tyranny.
No doubt, in pointing out what I regard as a misunderstanding which it is
important to uncover, I shall be careful in my refutation, and respectful in my
criticism. I shall certainly refrain from joining myself to the detractors of a
great man. When chance has it that I find myself apparently in agreement with
them on some one particular point, I suspect myself; and to console myself for
appearing for a moment in agreement with them on a single partial question, I
need to disown and denounce with all my energies these pretended allies.
Nevertheless, the interests of truth must prevail over considerations which
make the glory of a prodigious talent and the authority of an immense
reputation so powerful. Moreover, as we shall see, it is not to Rousseau that
we must chiefly attribute the error against which I am going to argue; this is
to be imputed much more to one of his successors, less eloquent but no less
austere and a hundred times more exaggerated. The latter, the abbe de Mably,
can be regarded as the representative of the system which, according to the
maxims of ancient liberty, demands that the citizens should be entirely
subjected in order for the nation to be sovereign, and that the individual
should be enslaved for the people to be free.
The abbe de Mably, like Rousseau and many others, had mistaken, just as the
ancients did, the authority of the social body for liberty; and to him any
means seemed good if it extended his area of authority over that recalcitrant
part of human existence whose independence he deplored. The regret he expresses
everywhere in his works is that the law can only cover actions. He would have
liked it to cover the most fleeting thoughts and impressions; to pursue man
relentlessly, leaving him no refuge in which he might escape from its power. No
sooner did he learn, among no matter what people, of some oppressive measure,
than he thought he had made a discovery and proposed it as a model. He detested
individual liberty like a personal enemy; and whenever in history he came
across a nation totally deprived of it, even if it had no political liberty, he
could not help admiring it. He went into ecstasies over the Egyptians, because,
as he said, among them everything was prescribed by the law, down to
relaxations and needs: everything was subjected to the empire of the
legislator. Every moment of the day was filled by some duty; love itself was
the object of this respected intervention, and it was the law that in turn
opened and closed the curtains of the nuptial bed.
Sparta, which combined republican forms with the same enslavement of
individuals, aroused in the spirit of that philosopher an even more vivid
enthusiasm. That vast monastic barracks to him seemed the ideal of a perfect
republic. He had a profound contempt for Athens, and would gladly have said of
this nation, the first of Greece, what an academician and great nobleman said
of the French Academy: What an appalling despotism! Everyone does what he likes
there. I must add that this great nobleman was talking of the Academy as it was
thirty years ago.
Montesquieu, who had a less excitable and therefore more observant mind,
did not fall into quite the same errors. He was struck by the differences which
I have related; but he did not discover their true cause. The Greek politicians
who lived under the popular government did not recognize, he argues, any other
power but virtue. Politicians of today talk only of manufactures, of commerce,
of finances, of wealth and even of luxury. He attributes this difference to the
republic and the monarchy. It ought instead to be attributed to the opposed
spirit of ancient and modern times. Citizens of republics, subjects of
monarchies, all want pleasures, and indeed no-one, in the present condition of
societies can help wanting them. The people most attached to their liberty in
our own days, before the emancipation of France, was also the most attached to
all the pleasures of life; and it valued its liberty especially because it saw
in this the guarantee of the pleasures which it cherished. In the past, where
there was liberty, people could bear hardship. Now, wherever there is hardship,
despotism is necessary for people to resign themselves to it. It would be
easier today to make Spartans of an enslaved people than to turn free men into
Spartans.
The men who were brought by events to the head of our revolution were, by a
necessary consequence of the education they had received, steeped in ancient
views which are no longer valid, which the philosophers whom I mentioned above
had made fashionable. The metaphysics of Rousseau, in the midst of which
flashed the occasional sublime thought and passages of stirring eloquence; the
austerity of Mably, his intolerance, his hatred of all human passions, his
eagerness to enslave them all, his exaggerated principles on the competence of
the law, the difference between what he recommended and what had ever
previously existed, his declamations against wealth and even against property;
all these things were bound to charm men heated by their recent victory, and
who, having won power over the law, were only too keen to extend this power to
all things. It was a source of invaluable support that two disinterested
writers anathematizing human despotism, should have drawn up the text of the
law in axioms. They wished to exercise public power as they had learnt from
their guides it had once been exercised in the free states. They believed that
everything should give way before collective will, and that all restrictions on
individual rights would be amply compensated by participation in social power.
We all know, Gentlemen, what has come of it. Free institutions, resting
upon the knowledge of the spirit of the age, could have survived. The restored
edifice of the ancients collapsed, notwithstanding many efforts and many heroic
acts which call for our admiration. The fact is that social power injured
individual independence in every possible war, without destroying the need for
it. The nation did not find that an ideal share in an abstract sovereignty was
worth the sacrifices required from her. She was vainly assured, on Rousseau's
authority, that the laws of liberty are a thousand times more austere than the
yoke of tyrants. She had no desire for those austere laws, and believed
sometimes that the yoke of tyrants would be preferable to them. Experience has
come to undeceive her. She has seen that the arbitrary power of men was even
worse than the worst of laws. But laws too must have their limits.
If I have succeeded, Gentlemen, in making you share the persuasion which in
my opinion these facts must produce, you will acknowledge with me the truth of
the following principles. Individual independence is the first need of the
moderns: consequently one must never require from them any sacrifices to
establish political liberty. It follows that none of the numerous and too
highly praised institutions which in the ancient republics hindered individual
liberty is any longer admissible in the modern times.
You may, in the first place, think, Gentlemen, that it is superfluous to
establish this truth. Several governments of our days do not seem in the least
inclined to imitate the republics of antiquity. However, little as they may
like republican institutions, there are certain republican usages for which
they feel a certain affection. It is disturbing that they should be precisely
those which allow them to banish, to exile, or to despoil. I remember that in
1802, they slipped into the law on special tribunals an article which
introduced into France Greek ostracism; and God knows how many eloquent
speakers, in order to have this article approved, talked to us about the
freedom of Athens and all the sacrifices that individuals must make to preserve
this freedom! Similarly, in much more recent times, when fearful authorities
attempted, with a timid hand, to rig the elections, a journal which can hardly
be suspected of republicanism proposed to revive Roman censorship to eliminate
all dangerous candidates.
I do not think therefore that I am engaging in a useless discussion if, to
support my assertion, I say a few words about these two much vaunted
institutions. Ostracism in Athens rested upon the assumption that society had
complete authority over its members. On this assumption it could be justified;
and in a small state, where the influence of a single individual, strong in his
credit, his clients, his glory, often balanced the power of the mass, ostracism
may appear useful. But amongst us individuals have rights which society must
respect, and individual interests are, as I have already observed, so lost in a
multitude of equal or superior influences, that any oppression motivated by the
need to diminish this influence is useless and consequently unjust. No one has
the right to exile a citizen, if he is not condemned by a regular tribunal,
according to a formal law which attaches the penalty of exile to the action of
which he is guilty. No one has the right to tear the citizen from his country,
the owner away from his possessions, the merchant away from his trade, the
husband from his wife, the father from his children, the writer from his
studious meditations, the old man from his accustomed way of life. All
political exile is a political abuse. All exile pronounced by an assembly for
alleged reasons of public safety is a crime which the assembly itself commits
against public safety, which resides only in respect for the laws, in the
observance of forms, and in the maintenance of safeguards.
Roman censorship implied, like ostracism, a discretionary power. In a
republic where all the citizens, kept by poverty to an extremely simple moral
code, lived in the same town, exercised no profession which might distract
their attention from the affairs of the state, and thus constantly found
themselves the spectators and judges of the usage of public power, censorship
could on the one hand have greater influence: while on the other, the arbitrary
power of the censors was restrained by a kind of moral surveillance exercised
over them. But as soon as the size of the republic, the complexity of social
relations and the refinements of civilization deprived this institution of what
at the same time served as its basis and its limit, censorship degenerated even
in Rome. It was not censorship which had created good morals; it was the
simplicity of those morals which constituted the power and efficacy of
censorship.
In France, an institution as arbitrary as censorship would be at once
ineffective and intolerable. In the present conditions of society, morals are
formed by subtle, fluctuating, elusive nuances, which would be distorted in a
thousand ways if one attempted to define them more precisely. Public opinion
alone can reach them; public opinion alone can judge them, because it is of the
same nature. It would rebel against any positive authority which wanted to give
it greater precision. If the government of a modern people wanted, like the
censors in Rome, to censure a citizen arbitrarily, the entire nation would
protest against this arrest by refusing to ratify the decisions of the
authority.
What I have just said of the revival of censorship in modern times applies
also to many other aspects of social organization, in relation to which
antiquity is cited even more frequently and with greater emphasis. As for
example, education; what do we not hear of the need to allow the government to
take possession of new generations to shape them to its pleasure, and how many
erudite quotations are employed to support this theory! The Persians, the
Egyptians, Gaul, Greece and Italy are one after another set before us. Yet,
Gentlemen, we are neither Persians subjected to a despot, nor Egyptians
subjugated by priests, nor Gauls who can be sacrificed by their druids, nor,
finally, Greeks or Romans, whose share in social authority consoled them for
their private enslavement. We are modern men, who wish each to enjoy our own
rights, each to develop our own faculties as we like best, without harming
anyone; to watch over the development of these faculties in the children whom
nature entrusts to our affection, the more enlightened as it is more vivid; and
needing the authorities only to give us the general means of instruction which
they can supply, as travelers accept from them the main roads without being
told by them which route to take.
Religion is also exposed to these memories of bygone ages. Some brave
defenders of the unity of doctrine cite the laws of the ancients against
foreign gods, and sustain the rights of the Catholic church by the example of
the Athenians, who killed Socrates for having under- mined polytheism, and that
of Augustus, who wanted the people to remain faithful to the cult of their
fathers; with the result, shortly after- wards, that the first Christians were
delivered to the lions. Let us mistrust, Gentlemen, this admiration for certain
ancient memories. Since we live in modern times, I want a liberty suited to
modern times; and since we live under monarchies, I humbly beg these monarchies
not to borrow from the ancient republics the means to oppress us.
Individual liberty, I repeat, is the true modern liberty. Political liberty
is its guarantee, consequently political liberty is indispensable. But to ask
the peoples of our day to sacrifice, like those of the past, the whole of their
individual liberty to political liberty, is the surest means of detaching them
from the former and, once this result has been achieved, it would be only too
easy to deprive them of the latter.
As you see, Gentlemen, my observations do not in the least tend to diminish
the value of political liberty. I do not draw from the evidence I have put
before your eyes the same conclusions that some others have. From the fact that
the ancients were free, and that we cannot any longer be free like them, they
conclude that we are destined to be slaves. They would like to reconstitute the
new social state with a small number of elements which, they say, are alone
appropriate to the situation of the world today. These elements are prejudices
to frighten men, egoism to corrupt them, frivolity to stupefy them, gross
pleasures to degrade them, despotism to lead them; and, indispensably,
constructive knowledge and exact sciences to serve despotism the more adroitly.
It would be odd indeed if this were the outcome of forty centuries during which
mankind has acquired greater moral and physical means: I cannot believe it. I
derive from the differences which distinguish us from antiquity totally
different conclusions. It is not security which we must weaken; it is enjoyment
which we must extend. It is not political liberty which I wish to renounce; it
is civil liberty which I claim, along with other forms of political liberty.
Governments, no more than they did before, have the right to arrogate to
themselves an illegitimate power.
But the governments which emanate from a legitimate source have even less
right than before to exercise an arbitrary supremacy over individuals. We still
possess today the rights we have always had, those eternal rights to assent to
the laws, to deliberate on our interests, to be an integral part of the social
body of which we are members. But governments have new duties; the progress of
civilization, the changes brought by the centuries require from the authorities
greater respect for customs, for affections, for the independence of
individuals. They must handle all these issues with a lighter and more prudent
hand.
This reserve on the part of authority, which is one of its strictest
duties, equally represents its well-conceived interest; since, if the liberty
that suits the moderns is different from that which suited the ancients, the
despotism which w as possible amongst the ancients is no longer possible
amongst the moderns. Because we are often less concerned with political liberty
than they could be, and in ordinary circumstances less passionate about it, it
may follow that we neglect, sometimes too much and always wrongly, the
guarantees which this assures us. But at the same time, as we are much more
preoccupied with individual liberty than the ancients, we shall defend it, if
it is attacked, with much more skill and persistence; and we have means to
defend it which the ancients did not.
Commerce makes the action of arbitrary power over our existence more
oppressive than in the past, because, as our speculations are more varied,
arbitrary power must multiply itself to reach them. But commerce also makes the
action of arbitrary power easier to elude, because it changes the nature of
property, which becomes, in virtue of this change, almost impossible to seize.
Commerce confers a new quality on property, circulation. Without
circulation, property is merely a usufruct; political authority can always
affect usufruct, because it can prevent its enjoyment; but circulation creates
an invisible and invincible obstacle to the actions of social power.
The effects of commerce extend even further: not only does it emancipate
individuals, but, by creating credit, it places authority itself in a position
of dependence. Money, says a French writer, 'is the most dangerous weapon of
despotism; yet it is at the same time its most powerful restraint; credit is
subject to opinion; force is useless; money hides itself or flees; all the
operations of the state are suspended'. Credit did not have the same influence
amongst the ancients; their governments were stronger than individuals, while
in our time individuals are stronger than the political powers. Wealth is a
power which is more readily available in all circumstances, more readily
applicable to all interests, and consequently more real and better obeyed.
Power threatens; wealth rewards: one eludes power by deceiving it; to obtain
the favors of wealth one must serve it: the latter is therefore bound to win.
As a result, individual existence is less absorbed in political existence.
Individuals carry their treasures far away; they take with them all the
enjoyments of private life. Commerce has brought nations closer, it has given
them customs and habits which are almost identical; the heads of states may be
enemies: the peoples are compatriots. Let power therefore resign itself: we must
have liberty and we shall have it. But since the liberty we need is different
from that of the ancients, it needs a different organization from the one which
would suit ancient liberty. In the latter, the more time and energy man
dedicated to the exercise of his political rights, the freer he thought
himself; on the other hand, in the kind of liberty of which we are capable, the
more the exercise of political rights leaves us the time for our private
interests, the more precious will liberty be to us.
Hence, Sirs, the need for the representative system. The representative
system is nothing but an organization by means of which a nation charges a few
individuals to do what it cannot or does not wish to do herself. Poor men look
after their own business; rich men hire stewards. This is the history of
ancient and modern nations. The representative system is a proxy given to a
certain number of men by the mass of the people who wish their interests to be
defended and who nevertheless do not have the time to defend them themselves.
But, unless they are idiots, rich men who employ stewards keep a close watch on
whether these stewards are doing their duty, lest they should prove negligent,
corruptible, or incapable; and, in order to judge the management of these proxies,
the landowners, if they are prudent, keep themselves well-informed about
affairs, the management of which they entrust to them. Similarly, the people
who, in order to enjoy the liberty which suits them, resort to the
representative system, must exercise an active and constant surveillance over
their representatives, and reserve for themselves, at times which should not be
separated by too lengthy intervals, the right to discard them if they betray
their trust, and to revoke the powers which they might have abused.
For from the fact that modern liberty differs from ancient liberty, it
follows that it is also threatened by a different sort of danger. The danger of
ancient liberty was that men, exclusively concerned with securing their share
of social power, might attach too little value to individual rights and
enjoyments.
The danger of modern liberty is that, absorbed in the enjoyment of our
private independence, and in the pursuit of our particular interests, we should
surrender our right to share in political power too easily. The holders of
authority are only too anxious to encourage us to do so. They are so ready to
spare us all sort of troubles, except those of obeying and paying! They will
say to us: what, in the end, is the aim of your efforts, the motive of your
labors, the object of all your hopes? Is it not happiness? Well, leave this
happiness to us and we shall give it to you. No, Sirs, we must not leave it to
them. No matter how touching such a tender commitment may be, let us ask the
authorities to keep within their limits. Let them confine themselves to being
just. We shall assume the responsibility of being happy for ourselves.
Could we be made happy by diversions, if these diversions were without
guarantees? And where should we find guarantees, without political liberty? To
renounce it, Gentlemen, would be a folly like that of a man who, because he
only lives on the first floor, does not care if the house itself is built on
sand.
Moreover, Gentlemen, is it so evident that happiness, of whatever kind, is
the only aim of mankind? If it were so, our course would be narrow indeed, and
our destination far from elevated. There is not one single one of us who, if he
wished to abase himself, restrain his moral faculties, lower his desires,
abjure activity, glory, deep and generous emotions, could not demean himself
and be happy. No, Sirs, I bear witness to the better part of our nature, that
noble disquiet which pursues and torments us, that desire to broaden our
knowledge and develop our faculties. It is not to happiness alone, it is to
self-development that our destiny calls us; and political liberty is the most
powerful, the most effective means of self-development that heaven has given
us.
Political liberty, by submitting to all the citizens, without exception,
the care and assessment of their most sacred interests, enlarges their spirit,
ennobles their thoughts, and establishes among them a kind of intellectual
equality which forms the glory and power of a people.
Thus, see how a nation grows with the first institution which restores to
her the regular exercise of political liberty. See our countrymen of all
classes, of all professions, emerge from the sphere of their usual labors and
private industry, find themselves suddenly at the level of important functions
which the constitutions confers upon them, choose with discernment, resist with
energy-, brave threats, nobly withstand seduction. See a pure, deep and sincere
patriotism triumph in our towns, revive even our smallest villages, permeate
our workshops, enliven our countryside, penetrate the just and honest spirits
of the useful farmer and the industrious tradesman with a sense of our rights
and the need for safeguards; they, learned in the history of the evils they
have suffered, and no less enlightened as to the remedies which these evils
demand, take in with a glance the whole of France and, bestowing a national
gratitude, repay with their suffrage, after thirty years, the fidelity to
principles embodied in the most illustrious of the defenders of liberty.
Therefore, Sirs, far from renouncing either of the two sorts of freedom
which I have described to you, it is necessary, as I have shown, to learn to
combine the two together. Institutions, says the famous author of the history
of the republics in the Middle Ages, must accomplish the destiny of the human
race; they can best achieve their aim if they elevate the largest possible
number of citizens to the highest moral position.
The work of the legislator is not complete when he has simply brought peace
to the people. Even when the people are satisfied, there is much left to do.
Institutions must achieve the moral education of the citizens. By respecting
their individual rights, securing their independence, refraining from troubling
their work, they must nevertheless consecrate their influence over public
affairs, call them to contribute by their votes to the exercise of power, grant
them a right of control and supervision by expressing their opinions; and, by
forming them through practice for these elevated functions, give them both the
desire and the right to discharge these.
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