There is a
law of neighborhood which does not leave a man perfect master on his own ground.
law of neighborhood which does not leave a man perfect master on his own ground.
Edmund Burke
?
310 LETTERS ON A REGICIDE PEACE.
all other men consider as objects of general detestation and the severest animadversion of law. When,
in the place of that religion of social benevolence and
of individual self-denial, in mockery of all religion,
they institute impious, blasphemous, indecent theatric rites, in honor of their vitiated, perverted reason,
and erect altars to the personification of their own
corrupted and bloody republic, -when schools and
seminaries are founded at public expense to poison
mankind, from generation to generation, with the
horrible maxims of this impiety, -- when, wearied out
with incessant martyrdom, and the cries of a people
hungering and thirsting for religion, they permit it
only as a tolerated evil, - I call this Atheism by Establishment.
When to these establishments of Regicide, of Jacobinism, and of Atheism, you add the correspondent
system of manners, no doubt can be left on the mind
of a thinking man concerning their determined hostility to the human race. Manners are of more importance than laws. Upon them, in a great measure,
the laws depend. Tile law touches us but lere and
tllere, and now and theCl. MIanners are what vex or
soothe, corrupt or purify, exalt or debase, barbarize
or refine us, by a constant, steady, uniform, insensible operation, like that of the air we breathe in.
They give their whole form and color to our lives.
According to their quality, they aid morals, they
supply them, or they totally destroy them. Of this
the new French legislators were aware; therefore,
with the same method, and under the same authority, they settled a system of manners, the most licentious, prostitute, and abandoned that ever has been known, and at the same time the most coarse, rude,
? ? ? ? LETTER I. 311
savage, and ferocious. Nothing in the Revolution,
no, not to a phrase or a gesture, not to the fashion
of a hat or a shoe, was left to accident. All has been
the result of design; all has been matter of institution. No mechanical means could be devised in favor of this incredible system of wickedness and vice, that has not been employed. The noblest passions,
the love of glory, the love of country, have been
debauched into means of its preservation and its
propagation. All sorts of shows and exhibitions,
calculated to inflame and vitiate the imagination and
pervert the moral sense, have been contrived. They
have sometimes brought forth five or six hundred
drunken women calling at the bar of the Assembly for
the blood of their own children, as being Royalists or
Constitutionalists. Sometimes they have got a body
of wretches, calling themselves fathers, to demand
the murder of their sons, boasting that Rome had
but one Brutus, but that they could show five hundred. There were instances in which they inverted
and retaliated the impiety, and produced sons who
called for the execution of their parents. The foundation of their republic is laid in moral paradoxes.
Their patriotism is always prodigy. All those instances to be found in history, whether real or fabulous, of a doubtful public spirit, at which morality
is perplexed, reason is staggered, and from which
aftrighted Nature recoils, are their chosen and almost
sole examples for the instruction of their youth.
The whole drift of their institution is contrary to
that of the wise legislators of all countries, who aimed
at improving instincts into morals, and at grafting the
virtues on the stock of the natural affections. They,
on the contrary, have omitted no pains to eradicate
? ? ? ? 312 LETTERS ON A REGICIDE PEACE.
every benevolent and noble propensity in the mind
of men. In their culture it is a rule always to graft
virtues on vices. They think everything unworthy
of the name of public virtue, unless it indicates violence on the private. All their new institutions (and
with them everything is new) strike at the root of
our social nature. Other legislators, knowing that
marriage is the origin of all relations, and consequently the first element of all duties, have endeavored by every art to make it sacred. The Christian religion, by confining it to the pairs, and by rendering that relation indissoluble, has by these two things
done more towards the peace, happiness, settlement,
and civilization of the world than by any other part
in this whole scheme of Divine wisdom. The direct
contrary course has been taken in the synagogue of
Antichrist, - I mean in that forge and manufactory
of all evil, the sect which predominated in the Constituent Assembly of 1789. Those monsters employed
the same or greater industry to desecrate and degrade that state, which other legislators have used
to render it holy and honorable. By a strange, uncalled-for declaration, they pronounced that marriage
was no better than a common civil contract. It was
one of their ordinary tricks, to put their sentiments
into the mouths of certain personated characters,
which they theatrically exhibited at the bar of what
ought to be a serious assembly. One of these was
brought out in the figure of a prostitute, whom they
called by the affected name of " a mother without
being a wife. " This creature they made to call for
a repeal of the incapacities which in civilized states
are put upon bastards. The prostitutes of the Assembly gave to this their puppet the sanction of their
? ? ? ? LETTER I. 313
greater impudence. In consequence of the principles laid down, and the manners authorized, bastards
were not long after put on the footing of the issue of
lawful unions. Proceeding in the spirit of the first
authors of. their Constitution, succeeding Assemblies
went the full length of the principle, and gave a license to divorce at the mere pleasure of either party,
and at a month's notice. With them the matrimonial connection is brought into so degraded a state of
concubinage, that I believe none of the wretches in
London who keep warehouses of infamy would give
out one of their victims to private custody on so short
and insolent a tenure. There was, indeed, a kind of
profligate equity in giving to women the same licentious power. The reason they assigned was as infamous as the act: declaring that women had been too long under the tyranny of parents and of husbands.
It is not necessary to observe upon the horrible consequences of taking one half of the species wholly out
of the guardianship and protection of the other.
The practice of divorce, though in some countries
permitted, has been discouraged in all. In the East,
polygamy and divorce are in discredit; and the manners correct the laws. In Rome, whilst Rome was
in its integrity, the few causes allowed for divorce
amounted in effect to a prohibition. They were only
three. The arbitrary was totally excluded; and accordingly some hundreds of years passed without a
single example of that kind. When manners were
corrupted, the laws were relaxed; as the latter always follow the former, when they are not able to
regulate them or to vanquish them. Of this circumstance the legislators of vice and crime were pleased
to take notice, as an inducement to adopt their regu
? ? ? ? 314 LETTERS ON A REGICIDE PEACE.
lation: holding out an hope that the permission would
as rarely be made use of. They knew the contrary
to be true; and they had taken good care that the
laws should be well seconded by the manners. Their
law of divorce, like all their laws, had not for its object the relief of domestic uneasiness, but the total
corruption of all morals, the total disconnection of
social life.
It is a matter of curiosity to observe the operation
of this encouragement to disorder. I have before me
the Paris paper correspondent to the usual register
of births, marriages, and deaths. Divorce, happily, is
no regular head of registry amongst civilized nations.
With the Jacobins it is remarkable that divorce is
not only a regular head, but it has the post of honor.
It occupies the first place in the list. In the three
first months of the year 1793 the number of divorces
in that city amounted to 562; the marriages were
1785: so that the proportion of divorces to marriages
was not much less than one to three: a thing unexampled, I believe, among mankind. I caused anll inquiry to be made at Doctors' Commons concerning the number of divorces, and found that all the divorces (which, except by special. act of Parliament, are
separations, and not proper divorces) did not amount
in all those courts, and in an hundred years, to much
more than one fifth of those that passed in the single
city of Paris in three months. I followed up the inquiry relative to that city through several of the subsequent months, until I was tired, and found the proportions still the same. Since then I have heard
that they have declared for a revisal of these laws:
but I know of nothing done. It appears as if the
contract that renovates the world was under no law
? ? ? ? LETTER I. 315
at all. From this we may take our estimate of the
havoc that has been made through all the relations
of life. With the Jacobins of France, vague intercourse is without reproach; marriage is reduced to
the vilest concubinage; children are encouraged to
cut the throats of their parents; mothers are taught
that tenderness is no part of their character, and, to
demonstrate their attachment to their party, that they
ought to make no scruple to rake with their bloody
hands in the bowels of those who came from their
own.
To all this let us join the practice of cannibalism,
with which, in the proper terms, and with the greatest truth, their several factions accuse each other.
By cannibalism I mean their devouring, as a nutriment of their ferocity, some part of the bodies of
those they have murdered, their drinking the blood
of their victims, and forcing the victims themselves
to drink the blood of their kindred slaughtered before
their faces. By cannibalism I mean also to signify
all their nameless, unmanly, and abominable insults
on the bodies of those they slaughter.
As to those whom they suffer to die a natural
death, they do not permit them to enjoy the last
consolations of mankind, or those rights of sepulture
which indicate hope, and. which mere Nature has
taught to mankind, in all countries, to soothe the
afflictions and to cover the infirmity of mortal condition. They disgrace men in the entry into life, they vitiate and enslave them through the whole course
of it, and they deprive them of all comfort at the coInclusion of their dishonored and depraved existence. Endeavoring to persuade the people that they are no
better than beasts, the whole body of their institution
? ? ? ? 316 LETTERS ON A REGICIDE PEACE.
tends to make them beasts of prey, furious and savage. For this purpose the active part of them is disciplined into a ferocity which has no parallel. To this ferocity there is joined not one of the rude, unfashioned virtues which accompany the vices, where
the whole are left to grow up together in the rankness of uncultivated Nature. But nothing is left to
Nature in their systems.
The same discipline which hardens their hearts
relaxes their morals. Whilst courts of justice were
thrust out by revolutionary tribunals, and silent
churches were only the funeral monuments of departed religion, there were no fewer than nineteen
or twenty theatres, great and small, most of them
kept open at the public expense, and all of them
crowded every night. Among the gaunt, haggard
forms of famine and nakedness, amidst the yells of
murder, the tears of affliction, and the cries of despair, the song, the dance, the mimic scene, the buffoon laughter, went on as regularly as in the gay hour of festive peace. I have it from good authority, that under the scaffold of judicial murder, and
the gaping planks that poured down blood on the
spectators, the space was hired out for a show of
dancing dogs. I think, without concert, we have
made the very same remark, on reading some of their
pieces, which, being written for other purposes, let us
into a view of their social life. It struck us that the
habits of Paris had no resemblance to the finished
virtues, or to the polished vice, and elegant, though
not blameless luxury, of the capital of a great em
pire. Their society was more like that of a den of
outlaws upon a doubtful frontier, - of a lewd tavern
for the revels and debauches of banditti, assassins,
? ? ? ? LETTER I. 317
bravoes, smugglers, and their more desperate paramours, mixed with bombastic players, the refilse and rejected offal of strolling theatres, puffing out ill-sorted
verses about virtue, mixed with the licentious and
blasphemous songs proper to the brutal and hardened
course of life belonging to that sort of wretches. This
system of manners in itself is at war with all orderly
and moral society, and is in its neighborhood unsafe.
If great bodies of that kind were anywhere established
in a bordering territory, we should have a right to
demand of their governments the suppression of such
a nuisance. What are we to do, if the government
and the whole community is of the same description?
Yet that government has thought proper to invite
ours to lay by its unjust hatred, and to listen to the
voice of humanity as taught by their example.
The operation of dangerous and delusive first principles obliges us to have recourse to the true ones.
In the intercourse between nations, we are apt to rely too much on the instrumental part. We lay too much weight upon the formality of treaties and compacts. We do not act much more wisely, when we trust to the interests of men as guaranties of their
engagements. The interests frequently tear to pieces the engagements, and the passions trample upon both. Entirely to trust to either is to disregard our
own safety, or not to know mankind. Men are not
tied to one another by papers and seals. They are
led to associate by resemblances, by conformities, by
sympathies. It is with nations as with individuals.
Nothing is so strong a tie of amity between nation
and nation as correspondence in laws, customs, manners, and habits of life. They have more than the force of treaties in themselves. They are obligations
? ? ? ? 318 LETTERS ON A REGICIDE PEACE.
written in the heart. They approximate men to men
without their knowledge, and sometimes against their
intentions. The secret, unseen, but irrefragable bond
of habitual intercourse holds them together, even
when their perverse and litigious nature sets them to
equivocate, scuffle, and fight about the terms of their
written obligations.
As to war, if it be the means of wrong and violence,
it is the sole means of justice amongst nations. Nothing can banish it from the world. They who say otherwise, intending to impose upon us, do not impose upon themselves. But it is one of the greatest objects of human wisdom to mitigate those evils which
we are unable to remove. The conformity and analogy of which I speak, incapable, like everything else,
of preserving perfect trust and tranquillity among
men, has a strong tendency to facilitate accommodation, and to produce a generous oblivion of the rancor of their quarrels. With this similitude, peace is more of peace, and war is less of war. I will go further. There have been periods of time in which communities apparently in peace with each other have been more perfectly separated than in later times
many nations in Europe have been in the course of
long and bloody wars. The cause must be sought in
the similitude throughout Europe of religion, laws,
and manners. At bottom, these are all the same.
The writers on public law have often called this aggregate of nations a commonwealth. They had reason. It is virtually one great state, having the same basis of general law, with some diversity of provincial
customs and local establishments. The nations of
Europe have had the very same Christian religion,
agreeing in the fundamental parts, varying a little
? ? ? ? LETTER I. 319
in the ceremonies and in the subordinate doctrines.
The whole of the polity and economy of every country in Europe has been derived from the same sources.
It was drawn from the old Germanic or Gothic Custumary, - from the feudal institutions, which must
be considered as an emanation from that Custumary;
and the whole has been improved and digested into
system and discipline by the Roman law. From
hence arose the several orders, with or without a
monarch, (which are called States,) in every Euro.
pean country; the strong traces of which, where
monarchy predominated, were never wholly extinguished or merged in despotism. In the few places
where monarchy was cast off, the spirit of European
monarchy was still left. Those countries still continued countries of States, - that is, of classes, orders, and distinctions, such as had before subsisted, or nearly so. Indeed, the force and form of the institution called States continued in greater perfection
in those republican communities than under monarchies. From all those sources arose a system of
manners and of education which was nearly similar
in all this quarter of the globe, - and which softened,
blended, and harmonized the colors of the whole.
There was little difference in the form of the universities for the education of their youth, whether with
regard to faculties, to sciences, or to the more liberal
and elegant kinds of erudition. From this resemblance in the modes of intercourse, and in the whole
form and fashion of life, no citizen of Europe could
be altogether an exile in any part of it. There was
nothing more than a pleasing variety to recreate and
instruct the mind, to enrich the imagination, and
to meliorate the heart. When a man travelled or
? ? ? ? 320 LETTERS ON A REGICIDE PEACE.
resided, for health, pleasure, business, or necessity,
from his own country, he never felt himself quite
abroad.
The whole body of this new scheme of manners,
in support of the new scheme of politics, I consider
as a strong and decisive proof of determined ambition
and systematic hostility. I defy the most refining
ingenuity to invent any other cause for the total departure of the Jacobin Republic from every one of
the ideas and usages, religious, legal, moral, or social,
of this civilized world, and for her tearing herself
from its communion with such studied violence, but
from a formed resolution of keeping no terms with
that world. It has not been, as has been falsely and
insidiously represented, that these miscreants had
only broke with their old government. They made
a schism with the whole universe, and that schism
extended to almost everything, great and small. For
one, I wish, since it is gone thus far, that the breach
had been so complete as to make all intercourse impracticable: but, partly by accident, partly by design, partly from the resistance of the matter, enough is
left to preserve intercourse, whilst amity is destroyed
or corrupted in its principle.
This violent breach of the community of Europe we
must conclude to have been made (even if they had
not expressly declared it over and over again) either
to force mankind into anl adoption of their system
or to live in perpetual enmity with a community the
most potent we have ever known. Can any person
imagine, that, in offering to mankind this desperate
alternative, there is no indication of a hostile mind,
because men in possession of the ruling authority are
supposed to have a right to act without coercion in
? ? ? ? LETTER I. 321
their own territories? As to the right of men to
act anywhere according to their pleasure, without
any moral tie, no such right exists. Men are never
in a state of total independence of each other. It is
not the condition of our nature: nor is it conceivable
how any man can pursue a considerable course of action without its having some effect upon others, or, of
course, without producing some degree of responsibility for his conduct. The situations in which men relatively stand produce the rules and principles of that responsibility, and afford directions to prudence in exacting it.
Distance of place does not extinguish the duties,
or the rights of men; but it often renders their exercise impracticable. The same circumstance of dis --
tance renders the noxious effects of an evil system
in any community less pernicious. But there are
situations where this difficulty does not occur, and
in which, therefore, these duties are obligatory and
these rights are to be asserted. It has ever been the
method of public jurists to draw a great part of the
analogies on which they form the law of nations from
the principles of law which prevail in civil community. Civil laws are not all of them merely positive.
Those which are rather conclusions of legal reason:
than matters of statutable provision belong to universal equity, and are universally applicable. Almost the whole praetorian law is such.
There is a
law of neighborhood which does not leave a man perfect master on his own ground. When a neighbor
sees a new erection, in the nature of a nuisance, set
up at his door, he has a right to represent it to the
judge, who, on his part, has a right to order the work
to be stayed, or, if established, to be removed. On
VOL. V. 21
? ? ? ? 322 LETTERS ON A REGICIDE PEACE.
this head the parent law is express and clear, and
has made many wise provisions, which, without destroying, regulate and restrain the right of ownership
by the right of vicinage. No innovation is permitted
that may redound, even secondarily, to the prejudice
of a neighbor. The whole doctrine of that important
head of prxetorian law, "De novi operis nunciatione,"
is founded on the principle, that no new use should
be made of a man's private liberty of operating upon
his private property, from whence a detriment may
be justly apprehended by his neighbor. This law of
denunciation is prospective. It is to anticipate what
is called damnurn inrfectum or damnum nondum factum,
that is, a damage justly apprehended, but not actually done. Even before it is clearly known whether
the innovation be damageable or not, the judge is
competent to issue'a prohibition to innovate until
the point can be determined. This prompt interference is grounded on principles favorable to both
parties. It is preventive of mischief difficult to be
repaired, and of ill blood difficult to be softened.
The rule of law, therefore, which comes before the
evil is amongst the very best parts of equity, and
justifies the promptness of the remedy; because, as it
is well observed, " Res damni infecti celeritatem desiderat, et periculosa est dilatio. " This right of denunciation does not hold, when things continue, however inconveniently to the neighborhood, according to the
ancient mode. For there is a sort of presumption
against novelty, drawn out of a deep consideration
of human nature and human affairs; and the maxim
of jurisprudence is well laid down, " Vetustas pro lege
semper habetur. "
Such is the law of civil vicinity. Now where there
? ? ? ? LETTER I. 323
is no constituted judge, as between independent states
there is not, the vicinage itself is the natural judge.
It is, preventively, the assertor of its own rights, or,
remedially, their avenger. Neighbors are presumed
to take cognizance of each other's acts. " Vicini vicinorum facta prcesumuntur scire. " This principle,
which, like the rest, is as true of nations as of individual men, has bestowed on the grand vicinage
of Europe a duty to know and a right to prevent
any capital innovation which may amount to the
erection of a dangerous nuisance. * Of the importance of that innovation, and the mischief of that
nuisance, they are, to be sure, bound to judge not
litigiously: but it is in their competence to judge.
They have uniformly acted on this right. What in
civil society is a ground of action in politic society
is a ground of war. But the exercise of that competent jurisdiction is a matter of moral prudence.
As suits in civil society, so war in the political, must
ever be a matter of great deliberation. It is not this
or that particular proceeding, picked out here and
there, as a subject of quarrel, that will do. There
must be an aggregate of mischief. There must be
marks of deliberation; there must be traces of design; there must be indications of malice; there
must be tokens of ambition. There must be force
in the body where they exist; there must be energy
in the mind. When all these circumstances combine,
or the important parts of them, the duty of the vicin* " This state of things cannot exist in France, without involving all the surrounding powers in one common danger,- without giving
them the right, without imposing it upon them as a duty, to stop the
progress of an evil which. . . . attacks the fundamental principles
by which mankind is united in the bonds of civil society. " - Declaration, 29th Oct. , 1793.
? ? ? ? 324 LETTERS ON A REGICIDE PEACE.
ity calls for the exercise of its competence: and the
rules of prudence do not restrain, but demand it.
In describing the nuisance erected by so pestilential a manufactory, by the construction of so infamous a brothel, by digging a night-cellar for such thieves, murderers, and house-breakers as never infested the world, I am so far from aggravating, that
I have fallen infinitely short of the evil. No man
who has attended to the particulars of what has been
done in France, and combined them with the principles there asserted, can possibly doubt it. When
I compare with this great cause of nations the trifling
points of honor, the still more contemptible points of
interest, the light ceremonies, the undefinable punctilios, the disputes about precedency, the lowering or
the hoisting of a sail, the dealing in a hundred or
two of wildcat-skins on the other side of the globe,
which have often kindled up the flames of war between nations, I stand astonished at those persons
who do not feel a resentment, not more natural than
politic, at the atrocious insults that this monstrous
compound offers to the dignity of every nation, and
who are not alarmed with what it threatens to their
safety.
I have therefore been decidedly of opinion, with
our declaration at Whitehall in the beginning of this
war, that the vicinage of Europe had not only a
right, but an indispensable duty and an exigent
interest, to denunciate this new work, before it had
produced the danger we have so sorely felt, and
which we shall long feel. The example of what is
done by France is too important not to have a vast
and extensive influence; and that example, backed
with its power, must bear with great force on those
? ? ? ? LETTER I. 325
who are near it, especially on those who shall recognize the pretended republic on the principle upon which it now stands. It is not an old structure,
which you have found as it is, and are not to dispute
of the original end and design with which it had been
so fashioned. It is a recent wrong, and can plead no
prescription. It violates the rights upon which not
only the community of France, but those on which
all communities are founded. The principles on
which they proceed are general principles, and are
as true in England as in any other country. They
who (though with the purest intentions) recognize
the authority of these regicides and robbers upon
principle justify their acts, and establish them as
precedents. It is a question not between France
and England; it is a question between property and
force. The property claims; and its claim has been
allowed. The property of the nation is the nation.
They who massacre, plunder, and expel the body
of the proprietary are murderers and robbers. The
state, in its essence, must be moral and just: and it
may be so, though a tyrant or usurper should be
accidentally at the head' of it. This is a thing to be
lamented: but this notwithstanding, the body of the
commonwealth may remain in all its integrity and be
perfectly sound in its composition. The present case
is different. It is not a revolution in government.
It is not the victory of party over party. It is a
destruction and decomposition of the whole society;
which never can be made of right by any faction,
however powerful, nor without terrible consequences
to all about it, both in the act and in the example.
This pretended republic is founded in crimes, and
exists by wrong and robbery; and wrong and rob
? ? ? ? 326 LETTERS ON A REGICIDE PEACE.
bery, far from a title to anything, is war with mankind. To be at peace with robbery is to be an accomplice with it.
Mere locality does not constitute a body politic.
Had Cade and his gang got possession of London,
they would not have been the lord mayor, aldermen,
and common council. The body politic of France
existed in the majesty of its throne, in the dignity
of its nobility, in the honor of its gentry, in the sanctity of its clergy, in the reverence of its magistracy, in the weight and consideration due to its landed
property in the several bailliages, in the respect due
to its movable substance represented by the corporations of the kingdom. All these particular moleculce united form the great mass of what is truly the body
politic in all countries. They are so many deposits
and receptacles of justice; because they can only
exist by justice. Nation is a moral essence, not a
geographical arrangement, or a denomination of the
nomenclator. France, though out of her territorial
possession, exists; because the sole possible claimant,
I mean the proprietary, and the government to which
the proprietary adheres, exists and claims. God forbid, that if you were expelled from your house by ruffians and assassins, that I should call the material
walls, doors, and windows of the ancient and
honorable family of! Am I to transfer to the
intruders, who, not content to turn you out naked
to the world, would rob you of your very name, all
the esteem and respect I owe to you? The Regicides
in France are not France. France is out of her
bounds, but the kingdom is the same.
To illustrate my opinions on this subject, let us
suppose a case, which, after what has happened, we
? ? ? ? LETTER I. 327
cannot think absolutely impossible, though the augury is to be abominated, and the event deprecated
with our most ardent prayers. Let us suppose, then,
that our gracious sovereign was sacrilegiously murdered his exemplary queen, at the head of the matronage of this land, murdered in the same manner; that those princesses whose beauty and modest elegance are the ornaments of the country, and who
are the leaders and patterns of the ingenuous youth
of their sex, were put to a cruel and ignominious
death, with hundreds of others, mothers and daughters, ladies of the first distinction; that the Prince
of Wales and the Duke of York, princes the hope
and pride of the nation, with all their brethren, were
forced to fly from the knives of assassins; that the
whole body of our excellent clergy were either massacred or robbed of all and transported; the Christian religion, in all its denominations, forbidden and persecuted; the law totally, fundamentally, and in
all its parts, destroyed; the judges put to death
by revolutionary tribunals; the peers and commons
robbed to the last acre of their estates, massacred, if
they stayed, or obliged to seek life in flight, in exile, and in beggary; that the whole landed property
should share the very same fate; that every military
and naval officer of honor and rank, almost to a man,
should be placed in the same description of confiscation and exile; that the principal merchants and
bankers should be drawn out, as from an hen-coop,
for slaughter; that the citizens of our greatest and
most flourishing cities, when the hand and the machinery of the hangman were not found sufficient,
should have been collected in the public squares
and massacred by thousands with cannon; if three
? ? ? ? 328 LETTERS ON A REGICIDE PEACE.
hundred thousand others should have been doomed
to a situation worse than death in noisome and pestilential prisons. In such a case, is it in the faction of robbers I am to look for my country? Would this
be the England that you and I, and even strangers,
admired, honored, loved, and cherished? Would not
the exiles of England alone be my government and
my fellow-citizens? Would not their places of refuge be my temporary country? Would not all my duties and all my affections be there, and there'only?
Should I consider myself as a traitor to my country,
and deserving of death, if I knocked at the door and
heart of every potentate in Christendom to succor
my friends, and to avenge them on their enemies?
Could I in any way show myself more a patriot?
What should I think of those potentates who insulted
their suffering brethren, - who treated them as vagrants, or at least as mendicants, - and could find no allies, no friends, but in regicide murderers and
robbers? What ought I to think and feel, if, being
geographers instead of kings, they recognized the
desolated cities, the wasted fields, and the rivers
polluted with blood, of this geometrical measurement, as the honorable member of Europe called England? In that condition, what should we think
of Sweden, Denmark, or Holland, or whatever power
afforded us a churlish and treacherous hospitality,
if they should invite us to join the standard of our
king, our laws, and our religion, --if they should
give us a direct promise of protection, -- if, after all
this, taking advantage of our deplorable situation,
which left us no choice, they were to treat us as
the lowest and vilest of all mercenaries, --if they
were to send us far from the aid of our king and
? ? ? ? LETTER I. 329
our suffering country, to squander us away in the
most pestilential climates for a venal enlargement
of their own territories, for the purpose of trucking
them, when obtained, with those very robbers and
murderers they had called upon us to oppose with
our blood? What would be our sentiments, if in
that miserable service we were not to be considered
either as English, or as Swedes, Dutch, Danes, but
as outcasts of the human race? Whilst we were
fighting those battles of their interest and as their
soldiers, how should we feel, if we were to be excluded from all their cartels? How must we feel, if the
pride and flower of the English nobility and gentry,
who might escape the pestilential clime and the devouring sword, should, if taken prisoners, be delivered over as rebel subjects, to be condemned as rebels, as traitors, as the vilest of all criminals, by
tribunals formed of Maroon negro slaves, covered
over with the blood of their masters, who were
made free and organized into judges for their robberies and murders? What should we feel under
this inhuman, insulting, and barbarous protection
of Muscovites, Swedes, or Hollanders? Should we
not obtest Heaven, and whatever justice there is yet
on earth? Oppression makes wise men mad; but
the distemper is still the madness of the wise, which
is better than the sobriety of fools. Their cry is the
voice of sacred misery, exalted, not into wild raving, but into the sanctified frenzy of prophecy and
inspiration. In that bitterness of soul, in that indignation of suffering virtue, in that exaltation of despair, would not persecuted English loyalty cry out with an awful warning voice, and denounce the destruction that waits on monarchs who consider fidel
? ? ? ? 330 LETTERS ON A REGICIDE PEACE.
ity to them as the most degrading of all vices, who
suffer it to be punished as the most abominable of
all crimes, and who have no respect but for rebels,
traitors, regicides, and furious negro slaves, whose
crimes have broke their chains? Would not this
warm language of high indignation have more of
sound reason in it, more of real affection, more of
true attachment, than all the lullabies of flatterers
who would hush monarchs to sleep in the arms of
death? Let them be well convinced, that, if ever
this example should prevail in its whole extent, it
will have its full operation. Whilst kings stand firm
on their base, though under that base there is a surewrought mine, there will not be wanting to their levees a single person of those who are attached to
their fortune, and not to their persons or cause;
but hereafter none will support a tottering throne.
Some will fly for fear of being crushed under the
ruin; some will join in making it. They will seek,
in the destruction of royalty, fame and power and
wealth and the homage of kings, with Reubell, with
Carnot, with Revelliere, and with the Merlins and
the Talliens, rather' than suffer exile and beggary
with the Condes, or the Broglies, the Castries, the
D'Avarays, the S4rents, the Cazales, and the long line
of loyal, suffering, patriot nobility, or to be butchered with the oracles and the victims of the laws, the D'Ormessons, the D'Espremesnils, and the Malesherbes. This example we shall give, if, instead of adhering to our fellows in a cause which is an honor
to us all, we abandon the lawful government and
lawful corporate body of France, to hunt for a
shameful and ruinous fraternity with this odious
usurpation that disgraces civilized society and the
human race.
? ? ? ? LETTER I. 331
And is, then, example nothing? It is everything.
Example is the school of mankind, and they will learn
at no other. This war is a war against that example.
It is not a war for Louis the Eighteenth, or even for
the property, virtue, fidelity of France. It is a war
for George the Third, for Francis the Second, and for
all the dignity, property, honor, virtue, and religion
of England, of Germany, and of all nations.
I know that all I have said of the systematic unsociability of this new-invented species of republic, and the impossibility of preserving peace, is answered by
asserting that the scheme of manners, morals, and
even of maxims and principles of state, is of no weight
in a question of peace or war between communities.
This doctrine is supported by example. The case of
Algiers is cited, with an hint, as if it were the stronger
case. I should take no notice of this sort of inducement, if I had found it only where first it was. I do
not want respect for those from whom I first heard
it; but, having no controversy at present with them,
I only think it not amiss to rest on it a little, as I find
it adopted, with much more of the same kind, by several of those on whom such reasoning had formerly made no apparent impression. If it had no force to
prevent us from submitting to this necessary war, it
furnishes no better ground for our making an unnecessary and ruinous peace.
This analogical argument drawn from the case of
Algiers would lead us a good way. The fact is, we
ourselves with a little cover, others more directly,
pay a tribute to the Republic of Algiers. Is it meant
to reconcile us to the payment of a tribute to the
French Republic? That this, with other things
more ruinous, will be demanded hereafter, I little
? ? ? ? 332 LETTERS ON A REGICIDE PEACE.
doubt; but for the present this will not be avowed,
-- though our minds are to be gradually prepared
for it. In truth, the arguments from this case are
worth little, even to those who approve the buying
an Algerine forbearance of piracy. There are many
things which men do not approve, that they must do
to avoid a greater evil. To argue from thence that
they are to act in the same manner in all cases is
turning necessity into a law. Upon what is matter
of prudence, the argument concludes the contrary
way. Because we have done one humiliating act,
we ought with infinite caution to admit more acts of
the same nature, lest humiliation should become our
habitual state. Matters of prudence are under the
dominion of circumstances, and not of logical analogies. It is absurd to take it otherwise.
1, for one, do more than doubt the policy of this
kind of convention with Algiers. On those who think
as I do the argument ad hominem can make no sort
of impression. I know something of the constitution
and composition of this very extraordinay republic.
It has a constitution, I admit, similar to the present
tumultuous military tyranny of France, by which an
handful of obscure ruffians domineer over a fertile
country and a brave people. For the composition,
too, I admit the Algerine community resembles that
of France, - being formed out of the very scum, scandal, disgrace, and pest of the Turkish Asia. The
Grand Seignior, to disburden the country, suffers the
Dey to recruit in his dominions the corps of janizaries, or asaphs, which form the Directory and Council of Elders of the African Republic one and indivisible. But notwithstanding this resemblance, which I allow, I never shall so far injure the Janizarian Re
? ? ? ? LETTER I. 333
public of Algiers as to put it in comparison, for every
sort of crime, turpitude, and oppression, with the
Jacobin Republic of Paris. There is no question
with me to which of the two I should choose to be a
neighbor or a subject. But. situated as I am, I am
in no danger of becoming to Algiers either the one
or the other. It is not so in my relation to the atheistical fanatics of France. I am their neighbor; I
may become their subject. Have the gentlemen who
borrowed this happy parallel no idea of the different
conduct to be held with regard to the very same evil
at an immense distance and when it is at your door?
when its power is enormous, as when it is comparatively as feeble as its distance is remote? when there
is a barrier of language and usages, which prevents
corruption through certain old correspondences and
habitudes, from the contagion of the horrible novelties that are introduced into everything else? I can
contemplate without dread a royal or a national tiger
on the borders of Pegu. I can look at him with an
easy curiosity, as prisoner within bars in the menagerie of the Tower. But if, by Habeas Corpus, or otherwise, he was to come into the lobby of the House of Commons whilst your door was open, any of you
would be more stout than wise who would not gladly
make your escape out of the back windows. I certainly should dread more from a wild-cat in my bedchamber than from all the lions that roar in the deserts behind Algiers. But in this parallel it is the
cat that is at a distance, and the lions and tigers that
are in our antechambers and our lobbies. Algiers
is not near; Algiers is not powerful; Algiers is not
our neighbor; Algiers is not infectious.
all other men consider as objects of general detestation and the severest animadversion of law. When,
in the place of that religion of social benevolence and
of individual self-denial, in mockery of all religion,
they institute impious, blasphemous, indecent theatric rites, in honor of their vitiated, perverted reason,
and erect altars to the personification of their own
corrupted and bloody republic, -when schools and
seminaries are founded at public expense to poison
mankind, from generation to generation, with the
horrible maxims of this impiety, -- when, wearied out
with incessant martyrdom, and the cries of a people
hungering and thirsting for religion, they permit it
only as a tolerated evil, - I call this Atheism by Establishment.
When to these establishments of Regicide, of Jacobinism, and of Atheism, you add the correspondent
system of manners, no doubt can be left on the mind
of a thinking man concerning their determined hostility to the human race. Manners are of more importance than laws. Upon them, in a great measure,
the laws depend. Tile law touches us but lere and
tllere, and now and theCl. MIanners are what vex or
soothe, corrupt or purify, exalt or debase, barbarize
or refine us, by a constant, steady, uniform, insensible operation, like that of the air we breathe in.
They give their whole form and color to our lives.
According to their quality, they aid morals, they
supply them, or they totally destroy them. Of this
the new French legislators were aware; therefore,
with the same method, and under the same authority, they settled a system of manners, the most licentious, prostitute, and abandoned that ever has been known, and at the same time the most coarse, rude,
? ? ? ? LETTER I. 311
savage, and ferocious. Nothing in the Revolution,
no, not to a phrase or a gesture, not to the fashion
of a hat or a shoe, was left to accident. All has been
the result of design; all has been matter of institution. No mechanical means could be devised in favor of this incredible system of wickedness and vice, that has not been employed. The noblest passions,
the love of glory, the love of country, have been
debauched into means of its preservation and its
propagation. All sorts of shows and exhibitions,
calculated to inflame and vitiate the imagination and
pervert the moral sense, have been contrived. They
have sometimes brought forth five or six hundred
drunken women calling at the bar of the Assembly for
the blood of their own children, as being Royalists or
Constitutionalists. Sometimes they have got a body
of wretches, calling themselves fathers, to demand
the murder of their sons, boasting that Rome had
but one Brutus, but that they could show five hundred. There were instances in which they inverted
and retaliated the impiety, and produced sons who
called for the execution of their parents. The foundation of their republic is laid in moral paradoxes.
Their patriotism is always prodigy. All those instances to be found in history, whether real or fabulous, of a doubtful public spirit, at which morality
is perplexed, reason is staggered, and from which
aftrighted Nature recoils, are their chosen and almost
sole examples for the instruction of their youth.
The whole drift of their institution is contrary to
that of the wise legislators of all countries, who aimed
at improving instincts into morals, and at grafting the
virtues on the stock of the natural affections. They,
on the contrary, have omitted no pains to eradicate
? ? ? ? 312 LETTERS ON A REGICIDE PEACE.
every benevolent and noble propensity in the mind
of men. In their culture it is a rule always to graft
virtues on vices. They think everything unworthy
of the name of public virtue, unless it indicates violence on the private. All their new institutions (and
with them everything is new) strike at the root of
our social nature. Other legislators, knowing that
marriage is the origin of all relations, and consequently the first element of all duties, have endeavored by every art to make it sacred. The Christian religion, by confining it to the pairs, and by rendering that relation indissoluble, has by these two things
done more towards the peace, happiness, settlement,
and civilization of the world than by any other part
in this whole scheme of Divine wisdom. The direct
contrary course has been taken in the synagogue of
Antichrist, - I mean in that forge and manufactory
of all evil, the sect which predominated in the Constituent Assembly of 1789. Those monsters employed
the same or greater industry to desecrate and degrade that state, which other legislators have used
to render it holy and honorable. By a strange, uncalled-for declaration, they pronounced that marriage
was no better than a common civil contract. It was
one of their ordinary tricks, to put their sentiments
into the mouths of certain personated characters,
which they theatrically exhibited at the bar of what
ought to be a serious assembly. One of these was
brought out in the figure of a prostitute, whom they
called by the affected name of " a mother without
being a wife. " This creature they made to call for
a repeal of the incapacities which in civilized states
are put upon bastards. The prostitutes of the Assembly gave to this their puppet the sanction of their
? ? ? ? LETTER I. 313
greater impudence. In consequence of the principles laid down, and the manners authorized, bastards
were not long after put on the footing of the issue of
lawful unions. Proceeding in the spirit of the first
authors of. their Constitution, succeeding Assemblies
went the full length of the principle, and gave a license to divorce at the mere pleasure of either party,
and at a month's notice. With them the matrimonial connection is brought into so degraded a state of
concubinage, that I believe none of the wretches in
London who keep warehouses of infamy would give
out one of their victims to private custody on so short
and insolent a tenure. There was, indeed, a kind of
profligate equity in giving to women the same licentious power. The reason they assigned was as infamous as the act: declaring that women had been too long under the tyranny of parents and of husbands.
It is not necessary to observe upon the horrible consequences of taking one half of the species wholly out
of the guardianship and protection of the other.
The practice of divorce, though in some countries
permitted, has been discouraged in all. In the East,
polygamy and divorce are in discredit; and the manners correct the laws. In Rome, whilst Rome was
in its integrity, the few causes allowed for divorce
amounted in effect to a prohibition. They were only
three. The arbitrary was totally excluded; and accordingly some hundreds of years passed without a
single example of that kind. When manners were
corrupted, the laws were relaxed; as the latter always follow the former, when they are not able to
regulate them or to vanquish them. Of this circumstance the legislators of vice and crime were pleased
to take notice, as an inducement to adopt their regu
? ? ? ? 314 LETTERS ON A REGICIDE PEACE.
lation: holding out an hope that the permission would
as rarely be made use of. They knew the contrary
to be true; and they had taken good care that the
laws should be well seconded by the manners. Their
law of divorce, like all their laws, had not for its object the relief of domestic uneasiness, but the total
corruption of all morals, the total disconnection of
social life.
It is a matter of curiosity to observe the operation
of this encouragement to disorder. I have before me
the Paris paper correspondent to the usual register
of births, marriages, and deaths. Divorce, happily, is
no regular head of registry amongst civilized nations.
With the Jacobins it is remarkable that divorce is
not only a regular head, but it has the post of honor.
It occupies the first place in the list. In the three
first months of the year 1793 the number of divorces
in that city amounted to 562; the marriages were
1785: so that the proportion of divorces to marriages
was not much less than one to three: a thing unexampled, I believe, among mankind. I caused anll inquiry to be made at Doctors' Commons concerning the number of divorces, and found that all the divorces (which, except by special. act of Parliament, are
separations, and not proper divorces) did not amount
in all those courts, and in an hundred years, to much
more than one fifth of those that passed in the single
city of Paris in three months. I followed up the inquiry relative to that city through several of the subsequent months, until I was tired, and found the proportions still the same. Since then I have heard
that they have declared for a revisal of these laws:
but I know of nothing done. It appears as if the
contract that renovates the world was under no law
? ? ? ? LETTER I. 315
at all. From this we may take our estimate of the
havoc that has been made through all the relations
of life. With the Jacobins of France, vague intercourse is without reproach; marriage is reduced to
the vilest concubinage; children are encouraged to
cut the throats of their parents; mothers are taught
that tenderness is no part of their character, and, to
demonstrate their attachment to their party, that they
ought to make no scruple to rake with their bloody
hands in the bowels of those who came from their
own.
To all this let us join the practice of cannibalism,
with which, in the proper terms, and with the greatest truth, their several factions accuse each other.
By cannibalism I mean their devouring, as a nutriment of their ferocity, some part of the bodies of
those they have murdered, their drinking the blood
of their victims, and forcing the victims themselves
to drink the blood of their kindred slaughtered before
their faces. By cannibalism I mean also to signify
all their nameless, unmanly, and abominable insults
on the bodies of those they slaughter.
As to those whom they suffer to die a natural
death, they do not permit them to enjoy the last
consolations of mankind, or those rights of sepulture
which indicate hope, and. which mere Nature has
taught to mankind, in all countries, to soothe the
afflictions and to cover the infirmity of mortal condition. They disgrace men in the entry into life, they vitiate and enslave them through the whole course
of it, and they deprive them of all comfort at the coInclusion of their dishonored and depraved existence. Endeavoring to persuade the people that they are no
better than beasts, the whole body of their institution
? ? ? ? 316 LETTERS ON A REGICIDE PEACE.
tends to make them beasts of prey, furious and savage. For this purpose the active part of them is disciplined into a ferocity which has no parallel. To this ferocity there is joined not one of the rude, unfashioned virtues which accompany the vices, where
the whole are left to grow up together in the rankness of uncultivated Nature. But nothing is left to
Nature in their systems.
The same discipline which hardens their hearts
relaxes their morals. Whilst courts of justice were
thrust out by revolutionary tribunals, and silent
churches were only the funeral monuments of departed religion, there were no fewer than nineteen
or twenty theatres, great and small, most of them
kept open at the public expense, and all of them
crowded every night. Among the gaunt, haggard
forms of famine and nakedness, amidst the yells of
murder, the tears of affliction, and the cries of despair, the song, the dance, the mimic scene, the buffoon laughter, went on as regularly as in the gay hour of festive peace. I have it from good authority, that under the scaffold of judicial murder, and
the gaping planks that poured down blood on the
spectators, the space was hired out for a show of
dancing dogs. I think, without concert, we have
made the very same remark, on reading some of their
pieces, which, being written for other purposes, let us
into a view of their social life. It struck us that the
habits of Paris had no resemblance to the finished
virtues, or to the polished vice, and elegant, though
not blameless luxury, of the capital of a great em
pire. Their society was more like that of a den of
outlaws upon a doubtful frontier, - of a lewd tavern
for the revels and debauches of banditti, assassins,
? ? ? ? LETTER I. 317
bravoes, smugglers, and their more desperate paramours, mixed with bombastic players, the refilse and rejected offal of strolling theatres, puffing out ill-sorted
verses about virtue, mixed with the licentious and
blasphemous songs proper to the brutal and hardened
course of life belonging to that sort of wretches. This
system of manners in itself is at war with all orderly
and moral society, and is in its neighborhood unsafe.
If great bodies of that kind were anywhere established
in a bordering territory, we should have a right to
demand of their governments the suppression of such
a nuisance. What are we to do, if the government
and the whole community is of the same description?
Yet that government has thought proper to invite
ours to lay by its unjust hatred, and to listen to the
voice of humanity as taught by their example.
The operation of dangerous and delusive first principles obliges us to have recourse to the true ones.
In the intercourse between nations, we are apt to rely too much on the instrumental part. We lay too much weight upon the formality of treaties and compacts. We do not act much more wisely, when we trust to the interests of men as guaranties of their
engagements. The interests frequently tear to pieces the engagements, and the passions trample upon both. Entirely to trust to either is to disregard our
own safety, or not to know mankind. Men are not
tied to one another by papers and seals. They are
led to associate by resemblances, by conformities, by
sympathies. It is with nations as with individuals.
Nothing is so strong a tie of amity between nation
and nation as correspondence in laws, customs, manners, and habits of life. They have more than the force of treaties in themselves. They are obligations
? ? ? ? 318 LETTERS ON A REGICIDE PEACE.
written in the heart. They approximate men to men
without their knowledge, and sometimes against their
intentions. The secret, unseen, but irrefragable bond
of habitual intercourse holds them together, even
when their perverse and litigious nature sets them to
equivocate, scuffle, and fight about the terms of their
written obligations.
As to war, if it be the means of wrong and violence,
it is the sole means of justice amongst nations. Nothing can banish it from the world. They who say otherwise, intending to impose upon us, do not impose upon themselves. But it is one of the greatest objects of human wisdom to mitigate those evils which
we are unable to remove. The conformity and analogy of which I speak, incapable, like everything else,
of preserving perfect trust and tranquillity among
men, has a strong tendency to facilitate accommodation, and to produce a generous oblivion of the rancor of their quarrels. With this similitude, peace is more of peace, and war is less of war. I will go further. There have been periods of time in which communities apparently in peace with each other have been more perfectly separated than in later times
many nations in Europe have been in the course of
long and bloody wars. The cause must be sought in
the similitude throughout Europe of religion, laws,
and manners. At bottom, these are all the same.
The writers on public law have often called this aggregate of nations a commonwealth. They had reason. It is virtually one great state, having the same basis of general law, with some diversity of provincial
customs and local establishments. The nations of
Europe have had the very same Christian religion,
agreeing in the fundamental parts, varying a little
? ? ? ? LETTER I. 319
in the ceremonies and in the subordinate doctrines.
The whole of the polity and economy of every country in Europe has been derived from the same sources.
It was drawn from the old Germanic or Gothic Custumary, - from the feudal institutions, which must
be considered as an emanation from that Custumary;
and the whole has been improved and digested into
system and discipline by the Roman law. From
hence arose the several orders, with or without a
monarch, (which are called States,) in every Euro.
pean country; the strong traces of which, where
monarchy predominated, were never wholly extinguished or merged in despotism. In the few places
where monarchy was cast off, the spirit of European
monarchy was still left. Those countries still continued countries of States, - that is, of classes, orders, and distinctions, such as had before subsisted, or nearly so. Indeed, the force and form of the institution called States continued in greater perfection
in those republican communities than under monarchies. From all those sources arose a system of
manners and of education which was nearly similar
in all this quarter of the globe, - and which softened,
blended, and harmonized the colors of the whole.
There was little difference in the form of the universities for the education of their youth, whether with
regard to faculties, to sciences, or to the more liberal
and elegant kinds of erudition. From this resemblance in the modes of intercourse, and in the whole
form and fashion of life, no citizen of Europe could
be altogether an exile in any part of it. There was
nothing more than a pleasing variety to recreate and
instruct the mind, to enrich the imagination, and
to meliorate the heart. When a man travelled or
? ? ? ? 320 LETTERS ON A REGICIDE PEACE.
resided, for health, pleasure, business, or necessity,
from his own country, he never felt himself quite
abroad.
The whole body of this new scheme of manners,
in support of the new scheme of politics, I consider
as a strong and decisive proof of determined ambition
and systematic hostility. I defy the most refining
ingenuity to invent any other cause for the total departure of the Jacobin Republic from every one of
the ideas and usages, religious, legal, moral, or social,
of this civilized world, and for her tearing herself
from its communion with such studied violence, but
from a formed resolution of keeping no terms with
that world. It has not been, as has been falsely and
insidiously represented, that these miscreants had
only broke with their old government. They made
a schism with the whole universe, and that schism
extended to almost everything, great and small. For
one, I wish, since it is gone thus far, that the breach
had been so complete as to make all intercourse impracticable: but, partly by accident, partly by design, partly from the resistance of the matter, enough is
left to preserve intercourse, whilst amity is destroyed
or corrupted in its principle.
This violent breach of the community of Europe we
must conclude to have been made (even if they had
not expressly declared it over and over again) either
to force mankind into anl adoption of their system
or to live in perpetual enmity with a community the
most potent we have ever known. Can any person
imagine, that, in offering to mankind this desperate
alternative, there is no indication of a hostile mind,
because men in possession of the ruling authority are
supposed to have a right to act without coercion in
? ? ? ? LETTER I. 321
their own territories? As to the right of men to
act anywhere according to their pleasure, without
any moral tie, no such right exists. Men are never
in a state of total independence of each other. It is
not the condition of our nature: nor is it conceivable
how any man can pursue a considerable course of action without its having some effect upon others, or, of
course, without producing some degree of responsibility for his conduct. The situations in which men relatively stand produce the rules and principles of that responsibility, and afford directions to prudence in exacting it.
Distance of place does not extinguish the duties,
or the rights of men; but it often renders their exercise impracticable. The same circumstance of dis --
tance renders the noxious effects of an evil system
in any community less pernicious. But there are
situations where this difficulty does not occur, and
in which, therefore, these duties are obligatory and
these rights are to be asserted. It has ever been the
method of public jurists to draw a great part of the
analogies on which they form the law of nations from
the principles of law which prevail in civil community. Civil laws are not all of them merely positive.
Those which are rather conclusions of legal reason:
than matters of statutable provision belong to universal equity, and are universally applicable. Almost the whole praetorian law is such.
There is a
law of neighborhood which does not leave a man perfect master on his own ground. When a neighbor
sees a new erection, in the nature of a nuisance, set
up at his door, he has a right to represent it to the
judge, who, on his part, has a right to order the work
to be stayed, or, if established, to be removed. On
VOL. V. 21
? ? ? ? 322 LETTERS ON A REGICIDE PEACE.
this head the parent law is express and clear, and
has made many wise provisions, which, without destroying, regulate and restrain the right of ownership
by the right of vicinage. No innovation is permitted
that may redound, even secondarily, to the prejudice
of a neighbor. The whole doctrine of that important
head of prxetorian law, "De novi operis nunciatione,"
is founded on the principle, that no new use should
be made of a man's private liberty of operating upon
his private property, from whence a detriment may
be justly apprehended by his neighbor. This law of
denunciation is prospective. It is to anticipate what
is called damnurn inrfectum or damnum nondum factum,
that is, a damage justly apprehended, but not actually done. Even before it is clearly known whether
the innovation be damageable or not, the judge is
competent to issue'a prohibition to innovate until
the point can be determined. This prompt interference is grounded on principles favorable to both
parties. It is preventive of mischief difficult to be
repaired, and of ill blood difficult to be softened.
The rule of law, therefore, which comes before the
evil is amongst the very best parts of equity, and
justifies the promptness of the remedy; because, as it
is well observed, " Res damni infecti celeritatem desiderat, et periculosa est dilatio. " This right of denunciation does not hold, when things continue, however inconveniently to the neighborhood, according to the
ancient mode. For there is a sort of presumption
against novelty, drawn out of a deep consideration
of human nature and human affairs; and the maxim
of jurisprudence is well laid down, " Vetustas pro lege
semper habetur. "
Such is the law of civil vicinity. Now where there
? ? ? ? LETTER I. 323
is no constituted judge, as between independent states
there is not, the vicinage itself is the natural judge.
It is, preventively, the assertor of its own rights, or,
remedially, their avenger. Neighbors are presumed
to take cognizance of each other's acts. " Vicini vicinorum facta prcesumuntur scire. " This principle,
which, like the rest, is as true of nations as of individual men, has bestowed on the grand vicinage
of Europe a duty to know and a right to prevent
any capital innovation which may amount to the
erection of a dangerous nuisance. * Of the importance of that innovation, and the mischief of that
nuisance, they are, to be sure, bound to judge not
litigiously: but it is in their competence to judge.
They have uniformly acted on this right. What in
civil society is a ground of action in politic society
is a ground of war. But the exercise of that competent jurisdiction is a matter of moral prudence.
As suits in civil society, so war in the political, must
ever be a matter of great deliberation. It is not this
or that particular proceeding, picked out here and
there, as a subject of quarrel, that will do. There
must be an aggregate of mischief. There must be
marks of deliberation; there must be traces of design; there must be indications of malice; there
must be tokens of ambition. There must be force
in the body where they exist; there must be energy
in the mind. When all these circumstances combine,
or the important parts of them, the duty of the vicin* " This state of things cannot exist in France, without involving all the surrounding powers in one common danger,- without giving
them the right, without imposing it upon them as a duty, to stop the
progress of an evil which. . . . attacks the fundamental principles
by which mankind is united in the bonds of civil society. " - Declaration, 29th Oct. , 1793.
? ? ? ? 324 LETTERS ON A REGICIDE PEACE.
ity calls for the exercise of its competence: and the
rules of prudence do not restrain, but demand it.
In describing the nuisance erected by so pestilential a manufactory, by the construction of so infamous a brothel, by digging a night-cellar for such thieves, murderers, and house-breakers as never infested the world, I am so far from aggravating, that
I have fallen infinitely short of the evil. No man
who has attended to the particulars of what has been
done in France, and combined them with the principles there asserted, can possibly doubt it. When
I compare with this great cause of nations the trifling
points of honor, the still more contemptible points of
interest, the light ceremonies, the undefinable punctilios, the disputes about precedency, the lowering or
the hoisting of a sail, the dealing in a hundred or
two of wildcat-skins on the other side of the globe,
which have often kindled up the flames of war between nations, I stand astonished at those persons
who do not feel a resentment, not more natural than
politic, at the atrocious insults that this monstrous
compound offers to the dignity of every nation, and
who are not alarmed with what it threatens to their
safety.
I have therefore been decidedly of opinion, with
our declaration at Whitehall in the beginning of this
war, that the vicinage of Europe had not only a
right, but an indispensable duty and an exigent
interest, to denunciate this new work, before it had
produced the danger we have so sorely felt, and
which we shall long feel. The example of what is
done by France is too important not to have a vast
and extensive influence; and that example, backed
with its power, must bear with great force on those
? ? ? ? LETTER I. 325
who are near it, especially on those who shall recognize the pretended republic on the principle upon which it now stands. It is not an old structure,
which you have found as it is, and are not to dispute
of the original end and design with which it had been
so fashioned. It is a recent wrong, and can plead no
prescription. It violates the rights upon which not
only the community of France, but those on which
all communities are founded. The principles on
which they proceed are general principles, and are
as true in England as in any other country. They
who (though with the purest intentions) recognize
the authority of these regicides and robbers upon
principle justify their acts, and establish them as
precedents. It is a question not between France
and England; it is a question between property and
force. The property claims; and its claim has been
allowed. The property of the nation is the nation.
They who massacre, plunder, and expel the body
of the proprietary are murderers and robbers. The
state, in its essence, must be moral and just: and it
may be so, though a tyrant or usurper should be
accidentally at the head' of it. This is a thing to be
lamented: but this notwithstanding, the body of the
commonwealth may remain in all its integrity and be
perfectly sound in its composition. The present case
is different. It is not a revolution in government.
It is not the victory of party over party. It is a
destruction and decomposition of the whole society;
which never can be made of right by any faction,
however powerful, nor without terrible consequences
to all about it, both in the act and in the example.
This pretended republic is founded in crimes, and
exists by wrong and robbery; and wrong and rob
? ? ? ? 326 LETTERS ON A REGICIDE PEACE.
bery, far from a title to anything, is war with mankind. To be at peace with robbery is to be an accomplice with it.
Mere locality does not constitute a body politic.
Had Cade and his gang got possession of London,
they would not have been the lord mayor, aldermen,
and common council. The body politic of France
existed in the majesty of its throne, in the dignity
of its nobility, in the honor of its gentry, in the sanctity of its clergy, in the reverence of its magistracy, in the weight and consideration due to its landed
property in the several bailliages, in the respect due
to its movable substance represented by the corporations of the kingdom. All these particular moleculce united form the great mass of what is truly the body
politic in all countries. They are so many deposits
and receptacles of justice; because they can only
exist by justice. Nation is a moral essence, not a
geographical arrangement, or a denomination of the
nomenclator. France, though out of her territorial
possession, exists; because the sole possible claimant,
I mean the proprietary, and the government to which
the proprietary adheres, exists and claims. God forbid, that if you were expelled from your house by ruffians and assassins, that I should call the material
walls, doors, and windows of the ancient and
honorable family of! Am I to transfer to the
intruders, who, not content to turn you out naked
to the world, would rob you of your very name, all
the esteem and respect I owe to you? The Regicides
in France are not France. France is out of her
bounds, but the kingdom is the same.
To illustrate my opinions on this subject, let us
suppose a case, which, after what has happened, we
? ? ? ? LETTER I. 327
cannot think absolutely impossible, though the augury is to be abominated, and the event deprecated
with our most ardent prayers. Let us suppose, then,
that our gracious sovereign was sacrilegiously murdered his exemplary queen, at the head of the matronage of this land, murdered in the same manner; that those princesses whose beauty and modest elegance are the ornaments of the country, and who
are the leaders and patterns of the ingenuous youth
of their sex, were put to a cruel and ignominious
death, with hundreds of others, mothers and daughters, ladies of the first distinction; that the Prince
of Wales and the Duke of York, princes the hope
and pride of the nation, with all their brethren, were
forced to fly from the knives of assassins; that the
whole body of our excellent clergy were either massacred or robbed of all and transported; the Christian religion, in all its denominations, forbidden and persecuted; the law totally, fundamentally, and in
all its parts, destroyed; the judges put to death
by revolutionary tribunals; the peers and commons
robbed to the last acre of their estates, massacred, if
they stayed, or obliged to seek life in flight, in exile, and in beggary; that the whole landed property
should share the very same fate; that every military
and naval officer of honor and rank, almost to a man,
should be placed in the same description of confiscation and exile; that the principal merchants and
bankers should be drawn out, as from an hen-coop,
for slaughter; that the citizens of our greatest and
most flourishing cities, when the hand and the machinery of the hangman were not found sufficient,
should have been collected in the public squares
and massacred by thousands with cannon; if three
? ? ? ? 328 LETTERS ON A REGICIDE PEACE.
hundred thousand others should have been doomed
to a situation worse than death in noisome and pestilential prisons. In such a case, is it in the faction of robbers I am to look for my country? Would this
be the England that you and I, and even strangers,
admired, honored, loved, and cherished? Would not
the exiles of England alone be my government and
my fellow-citizens? Would not their places of refuge be my temporary country? Would not all my duties and all my affections be there, and there'only?
Should I consider myself as a traitor to my country,
and deserving of death, if I knocked at the door and
heart of every potentate in Christendom to succor
my friends, and to avenge them on their enemies?
Could I in any way show myself more a patriot?
What should I think of those potentates who insulted
their suffering brethren, - who treated them as vagrants, or at least as mendicants, - and could find no allies, no friends, but in regicide murderers and
robbers? What ought I to think and feel, if, being
geographers instead of kings, they recognized the
desolated cities, the wasted fields, and the rivers
polluted with blood, of this geometrical measurement, as the honorable member of Europe called England? In that condition, what should we think
of Sweden, Denmark, or Holland, or whatever power
afforded us a churlish and treacherous hospitality,
if they should invite us to join the standard of our
king, our laws, and our religion, --if they should
give us a direct promise of protection, -- if, after all
this, taking advantage of our deplorable situation,
which left us no choice, they were to treat us as
the lowest and vilest of all mercenaries, --if they
were to send us far from the aid of our king and
? ? ? ? LETTER I. 329
our suffering country, to squander us away in the
most pestilential climates for a venal enlargement
of their own territories, for the purpose of trucking
them, when obtained, with those very robbers and
murderers they had called upon us to oppose with
our blood? What would be our sentiments, if in
that miserable service we were not to be considered
either as English, or as Swedes, Dutch, Danes, but
as outcasts of the human race? Whilst we were
fighting those battles of their interest and as their
soldiers, how should we feel, if we were to be excluded from all their cartels? How must we feel, if the
pride and flower of the English nobility and gentry,
who might escape the pestilential clime and the devouring sword, should, if taken prisoners, be delivered over as rebel subjects, to be condemned as rebels, as traitors, as the vilest of all criminals, by
tribunals formed of Maroon negro slaves, covered
over with the blood of their masters, who were
made free and organized into judges for their robberies and murders? What should we feel under
this inhuman, insulting, and barbarous protection
of Muscovites, Swedes, or Hollanders? Should we
not obtest Heaven, and whatever justice there is yet
on earth? Oppression makes wise men mad; but
the distemper is still the madness of the wise, which
is better than the sobriety of fools. Their cry is the
voice of sacred misery, exalted, not into wild raving, but into the sanctified frenzy of prophecy and
inspiration. In that bitterness of soul, in that indignation of suffering virtue, in that exaltation of despair, would not persecuted English loyalty cry out with an awful warning voice, and denounce the destruction that waits on monarchs who consider fidel
? ? ? ? 330 LETTERS ON A REGICIDE PEACE.
ity to them as the most degrading of all vices, who
suffer it to be punished as the most abominable of
all crimes, and who have no respect but for rebels,
traitors, regicides, and furious negro slaves, whose
crimes have broke their chains? Would not this
warm language of high indignation have more of
sound reason in it, more of real affection, more of
true attachment, than all the lullabies of flatterers
who would hush monarchs to sleep in the arms of
death? Let them be well convinced, that, if ever
this example should prevail in its whole extent, it
will have its full operation. Whilst kings stand firm
on their base, though under that base there is a surewrought mine, there will not be wanting to their levees a single person of those who are attached to
their fortune, and not to their persons or cause;
but hereafter none will support a tottering throne.
Some will fly for fear of being crushed under the
ruin; some will join in making it. They will seek,
in the destruction of royalty, fame and power and
wealth and the homage of kings, with Reubell, with
Carnot, with Revelliere, and with the Merlins and
the Talliens, rather' than suffer exile and beggary
with the Condes, or the Broglies, the Castries, the
D'Avarays, the S4rents, the Cazales, and the long line
of loyal, suffering, patriot nobility, or to be butchered with the oracles and the victims of the laws, the D'Ormessons, the D'Espremesnils, and the Malesherbes. This example we shall give, if, instead of adhering to our fellows in a cause which is an honor
to us all, we abandon the lawful government and
lawful corporate body of France, to hunt for a
shameful and ruinous fraternity with this odious
usurpation that disgraces civilized society and the
human race.
? ? ? ? LETTER I. 331
And is, then, example nothing? It is everything.
Example is the school of mankind, and they will learn
at no other. This war is a war against that example.
It is not a war for Louis the Eighteenth, or even for
the property, virtue, fidelity of France. It is a war
for George the Third, for Francis the Second, and for
all the dignity, property, honor, virtue, and religion
of England, of Germany, and of all nations.
I know that all I have said of the systematic unsociability of this new-invented species of republic, and the impossibility of preserving peace, is answered by
asserting that the scheme of manners, morals, and
even of maxims and principles of state, is of no weight
in a question of peace or war between communities.
This doctrine is supported by example. The case of
Algiers is cited, with an hint, as if it were the stronger
case. I should take no notice of this sort of inducement, if I had found it only where first it was. I do
not want respect for those from whom I first heard
it; but, having no controversy at present with them,
I only think it not amiss to rest on it a little, as I find
it adopted, with much more of the same kind, by several of those on whom such reasoning had formerly made no apparent impression. If it had no force to
prevent us from submitting to this necessary war, it
furnishes no better ground for our making an unnecessary and ruinous peace.
This analogical argument drawn from the case of
Algiers would lead us a good way. The fact is, we
ourselves with a little cover, others more directly,
pay a tribute to the Republic of Algiers. Is it meant
to reconcile us to the payment of a tribute to the
French Republic? That this, with other things
more ruinous, will be demanded hereafter, I little
? ? ? ? 332 LETTERS ON A REGICIDE PEACE.
doubt; but for the present this will not be avowed,
-- though our minds are to be gradually prepared
for it. In truth, the arguments from this case are
worth little, even to those who approve the buying
an Algerine forbearance of piracy. There are many
things which men do not approve, that they must do
to avoid a greater evil. To argue from thence that
they are to act in the same manner in all cases is
turning necessity into a law. Upon what is matter
of prudence, the argument concludes the contrary
way. Because we have done one humiliating act,
we ought with infinite caution to admit more acts of
the same nature, lest humiliation should become our
habitual state. Matters of prudence are under the
dominion of circumstances, and not of logical analogies. It is absurd to take it otherwise.
1, for one, do more than doubt the policy of this
kind of convention with Algiers. On those who think
as I do the argument ad hominem can make no sort
of impression. I know something of the constitution
and composition of this very extraordinay republic.
It has a constitution, I admit, similar to the present
tumultuous military tyranny of France, by which an
handful of obscure ruffians domineer over a fertile
country and a brave people. For the composition,
too, I admit the Algerine community resembles that
of France, - being formed out of the very scum, scandal, disgrace, and pest of the Turkish Asia. The
Grand Seignior, to disburden the country, suffers the
Dey to recruit in his dominions the corps of janizaries, or asaphs, which form the Directory and Council of Elders of the African Republic one and indivisible. But notwithstanding this resemblance, which I allow, I never shall so far injure the Janizarian Re
? ? ? ? LETTER I. 333
public of Algiers as to put it in comparison, for every
sort of crime, turpitude, and oppression, with the
Jacobin Republic of Paris. There is no question
with me to which of the two I should choose to be a
neighbor or a subject. But. situated as I am, I am
in no danger of becoming to Algiers either the one
or the other. It is not so in my relation to the atheistical fanatics of France. I am their neighbor; I
may become their subject. Have the gentlemen who
borrowed this happy parallel no idea of the different
conduct to be held with regard to the very same evil
at an immense distance and when it is at your door?
when its power is enormous, as when it is comparatively as feeble as its distance is remote? when there
is a barrier of language and usages, which prevents
corruption through certain old correspondences and
habitudes, from the contagion of the horrible novelties that are introduced into everything else? I can
contemplate without dread a royal or a national tiger
on the borders of Pegu. I can look at him with an
easy curiosity, as prisoner within bars in the menagerie of the Tower. But if, by Habeas Corpus, or otherwise, he was to come into the lobby of the House of Commons whilst your door was open, any of you
would be more stout than wise who would not gladly
make your escape out of the back windows. I certainly should dread more from a wild-cat in my bedchamber than from all the lions that roar in the deserts behind Algiers. But in this parallel it is the
cat that is at a distance, and the lions and tigers that
are in our antechambers and our lobbies. Algiers
is not near; Algiers is not powerful; Algiers is not
our neighbor; Algiers is not infectious.
