icon 0
icon TOP UP
rightIcon
icon Reading History
rightIcon
icon Log out
rightIcon
icon Get the APP
rightIcon

The Eve of the French Revolution

Chapter 10 MONTESQUIEU.

Word Count: 9153    |    Released on: 01/12/2017

looks on existing society as something to be saved and directed. The work of Voltaire and his followers was principally negative. Their favorite task was demolition

cognized 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. H

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; eas

s 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 forge

a rather stately fashion, full of keen observation and cutting satire. In contrast to the books of other famous writers of the c

tters 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 the

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

igion 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 religio

or 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 fr

his 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 God has commanded them; but about the commands of God it is easy to be mistaken, for there are two thousand religions, each of w

m 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 a

f 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

f 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 sexual morals among the highest classes, 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 chastity is the foundation of the family and the civilized state; that divorce and polygamy, although of momentous importance, are but seconda

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 ran

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 underta

lieve 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 manne

s spirit, than the king himself is of that of others. This magician is called the Pope. Sometimes he makes the king believe that thre

ca 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

on was very useful to them, for it abridged the power of their chief lords. Since then, they have conquered new countries where slave

ed 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 po

ossess all the wealth, while the rest of the country suffers from extreme poverty.[Foo

ble 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

heard that a king of Aragon, having assembled 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

bsurd. 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

assured 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.

ure, 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 nobody; in Italy I make compliments to every one; in Germany I drink

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,[Footno

f 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 pow

ipally directed to the political institutions of the country, those of Voltaire embraced the philosophy and social life of England. Through these two great men, more perhaps than throu

ook, 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 t

rience 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.

orse? 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 governme

will cause in the weak and sour the corresponding base passion of envy. Complete despotism he believes to be impossible. There is in every nation a general spirit on which all power is founded. Against this, the ruler is powerless. It is wise not to disturb established forms and institutions, for the very causes which have made them last hitherto may maintain them in the future, and these causes are often complicated and unknown. When the system is changed, theoretic difficulties may

erhaps the most fruitful of his teachings. "The laws of Rome," he says, "had wisely divided the public power among a great number of offices, which sustained, arrested, and moderated each other; and as each had bu

n the constitutions of new states, whose social and economic condition was not far removed from that which he considered the most desirable. In these states the doctrine of the division of powers was consciously and carefully adopted, with the most beneficent results. This division was not a new idea to the American colonists: it was already in a measure a part of their institutions. But there can be little doubt that the idea was enforced in their minds by being clearly stated by one of the writers on political subjects

s author as something entirely original, "a child without a mother." [Footnote: Prolem sine matre creatam, on the title-page.] Nor is the claim altogether unfounded, although any reader familiar with the "Politics

to the circumstances of the country in which they exist. In this also is its chief value and its claim to originality. The Philosophers of the eighteenth century, following the example of the churches, believed that there was an absolute standard of justice to which all laws could easily be referred, independently of the country in which the laws existed. If the laws of Naples differed from those of Prussia, the laws which governed th

ons of the earth; and the political and civil laws of each nation sho

om they are made, that it is a very great chanc

ernment which is established, or about to be established; whether th

ers, or shepherds; they should be in relation to the amount of liberty which the constitution may allow; to the religion of the inhabitants, their inclinations, their wealth, their numbers, their customs, their morals, and their m

ll these relations. They form together what is called `the Spi

s in the other lesson. "It is better to say that the government most in conformity with nature is that whose particular disposition is most in relation to the disposition of the people for which it is established." This principle

ssigned energy and valor, as if the most widely conquering nations that Europe had then known had been the Norwegian and the Finn, instead of the Macedonian, the Italian, and the Spaniard. Sterility of soil he considered favorable to republics, fertility to monarchies. It was natural that a man in revolt against the long spiritual tyranny that had oppressed thought in Europe should have attributed excessive importance to material causes.

ded in Europe, written in many cases by men anything but accurate, if not, in the words of Macaulay, "liars by a double right, as travellers and as Jesuits."[Footnote: Essay on Machiavelli.] The writers of a hundred and fifty years ago could use no better material than was t

ider what is the principle, or motive force of each form of government. "There is this difference," he says, "between the nature of the government and its principle: that its nature is what make

ever, an aristocratic state can exist if the ruling class will practice moderation.[Footnote: Ibid., iii. 126 (liv. c. 4).] In monarchies great things can be done with little virtue, for in them there is another moving principle, which is honor.[Footnote: Ibid., iii. 128 (liv. iii. c. 5, 6, and 7).] This sort of government is founded on the prejudice of each person and each sort of men; it rests on ranks, preferences, and distinctions, so that emulation often supplies the place of virtue. In a

blics, those of Greece; when speaking of aristocratic republics, early Rome and Venice; of monarchies, France and England; of despotisms, the East.[F

ts rule. The love of the state, in a democracy, becomes the love of equality, and thus limits ambition to the desire to render great services to the republic. The love of equality and frugality are principally excited by equality and frugality themselves, when both are established by law. The laws of a democratic state should encourage equality in every way; as by forbidding last wills, and preventing the acquisition of large landed estates. In a democracy all men contract an enormous debt to the state at their bir

ion is necessary. The nobles should be simple in their lives and hardly distinguishable from plebeians. Distinctions offensive to pride, such as laws forbidding intermarriage, are to be avoided

nation. Monarchical government has the great advantage over the republican form, that, as affairs are in a single hand, there is the greater promptitude of execution. But there should still be something to moderate the will of the prince. This is best found, not in th

. While defending some practices which are now considered among the flagrant abuses of old France, he recommended some reforms which would have been very salutary. It is often wiser to find excuses for retaining an old custom than reasons for introducing a new one; and Montesquieu was a conservative, made so by his nature, his social position, his wealth, his education as a lawye

t be entirely responsible to the sovereign. Thus absolutism extends throughout the state. As there is no law but the will of the prince, and as that law cannot be

only in limited governments, for all men who have power will tend to abuse it, and will go on until they meet with obstacles; as virtue itself needs to be restrained. Various nations, he then says, have various objects: conquest was that of Rome, war of Sparta, commerce o

e laws, executes them, and judges every citizen according to its pleasure; such a body is as despotic as an eastern prince.[Footnote: This judgment is somewhat softened as to Venice. The most conspicuous example in modern times of the tyranny of a single popular body is that of France under the Convention.] The judicial power, says Montesquieu (with the English jury in his mind), should not be given to a permanent senate, but exercised by persons drawn from the body of the people, forming a tribunal which lasts only as long as necessity may require it. In serious cases the criminal should combine with the law to choose his judges, or at least should have a right of challenge. The legislative and executive powers can with less danger be

degenerate into despotism.[Footnote: Montesq., iv. 24. (liv. xi. c. 7).] This sounds somewhat like an empty phrase; yet there undoubtedly were in Montesquieu's time some checks on the absolutism of a French monarch. "If subjects owe obedience to kings, kings on their part owe obedience to the laws," said the Parliament of Paris in 1753. And outside of its own boundaries France had long been considered a limited monarchy. [Footnote: Rocquain, 170. Machiavelli, ii. 140, 215, 322 (Discourses on the first ten books of Livy).] Apart from

ith hardly as many modifications to adapt them to local circumstances as might have been desirable. But it is the modern English constitution, in which power lies almost entirely in the House of Commons, and is exercised by its officers, that ha

perate and wise. "It is bad reasoning against religion," he says, "to bring together in a great work a long enumeration of the evils which she has produced, unless you also recount the good she has done. If I should te

-restraint; but if the dogma of liberty be established, the case is otherwise. Climate is not without influence on religion. The ablutions required of a Mahometan are useful in his warm country. The Protestant of Northern Europe has to work harder for a living than the Catholic of the South, and therefore desires fewer religious holidays. If a state can prevent the establishment of a new form of religion within its borders, it will find it well to do so; bu

eu declared to be the great theme of his book. Political good, like moral good,

feelings of his contemporaries, and especially in their distrust of the church, Montesquieu was yet unwilling to go to the sa

of police, the same measures in commerce, the same laws in the state, the same religion in all its parts. But is this always desirable without exceptions? Is the evil of changing always less than the evil of suffering? And would not the greatness of genius rather consist in knowing in what case uniformity is

iberty, of security, are the same everywhere, we do not see why all the provinces of one state, or even why all states should not have the same criminal laws, the same civil laws, the same laws of commerce, etc. A good law must be good for all men, as a true proposition is true for all. The laws which appear as if they should be different for different countries, either pronounce on objects which should not be regulated by laws, like most commercial regulations, or are founded on prejudices an

nciples of justice, he saw that those principles are hard to formulate truly, harder to apply wisely. For their application he offered many valuable suggestions. These were lost in the rush and hurry of approaching revolution. The superb simplicity of mind whi

Claim Your Bonus at the APP

Open