On this their gaudy day the new regicide Directory sent for their diplomatic rabble, as bad as themselves in principle, but infinitely worse in degradation. They called them out by a sort of roll of their nations, one after another, much in the manner in which they called wretches out of their prison to the guillotine. When these ambassadors of infamy appeared before them, the chief director, in the name of the rest, treated each of them with a short, affected, pedantic, insolent, theatric laconium: a sort of epigram of contempt. When they had thus insulted them in a style and language which never before was heard, and which no sovereign would for a moment endure from another, supposing any of them frantic enough to use it; to finish their outrage, they drummed and trumpeted the wretches out of their hall of audience.
Among the objects of this insolent buffoonery was a person supposed to represent the king of Prussia. To this worthy representative they did not so much as condescend to mention his master; they did not seem to know that he had one; they addressed themselves solely to Prussia in the abstract, notwithstanding the infinite obligation they owed to their early protector for their first recognition and alliance, and for the part of his territory he gave into their hands for the first-fruits of his homage. None but dead monarchs are so much as mentioned by them, and those only to insult the living by an invidious comparison. They told the Prussians they ought to learn, after the example of Frederick the Great, a love for France. What a pity it is, that he, who loved France so well as to chastise it, was not now alive, by an unsparing use of the rod (which indeed he would have spared little) to give them another instance of his paternal affection. But the Directory were mistaken. These are not days in which monarchs value themselves upon the title of GREAT: they are grown PHILOSOPHIC: they are satisfied to be good. Your lordship will pardon me for this no very long reflection on the short but excellent speech of the plumed director to the ambassador of Cappadocia. The imperial ambassador was not in waiting, but they found for Austria a good Judean representation. With great judgment his highness the Grand Duke had sent the most atheistic coxcomb to be found in Florence to represent, at the bar of impiety, the house of apostolic majesty, and the descendants of the pious, though high-minded, Maria Theresa. He was sent to humble the whole race of Austria before those grim assassins, reeking with the blood of the daughter of Maria Theresa, whom they sent, half-dead, in a dung-cart, to a cruel execution; and this true-born son of apostasy and infidelity, this renegado from the faith, and from all honour and all humanity, drove an Austrian coach over the stones which were yet wet with her blood;—with that blood which dropped every step through her tumbril, all the way she was drawn from the horrid prison, in which they had finished all the cruelty and horrors, not executed in the face of the sun! The Hungarian subjects of Maria Theresa, when they drew their swords to defend her rights against France, called her, with correctness of truth, though not with the same correctness, perhaps, of grammar, a king: Moriamur pro rege nostro Maria Theresa.—She lived and died a king, and others will have subjects ready to make the same vow, when, in either sex, they show themselves real kings.
When you choose an arduous and slippery path, God forbid that any weak feelings of my declining age, which calls for soothings and supports, and which can have none but from you, should make me wish that you should abandon what you are about, or should trifle with it. In this house we submit, though with troubled minds, to that order which has connected all great duties with toils and with perils, which has conducted the road to glory through the regions of obloquy and reproach, and which will never suffer the disparaging alliance of spurious, false, and fugitive praise with genuine and permanent reputation. We know that the Power which has settled that order, and subjected you to it by placing you in the situation you are in, is able to bring you out of it with credit and with safety. His will be done. All must come right. You may open the way with pain, and under reproach. Others will pursue it with ease and with applause.
They have murdered one Robespierre. This Robespierre they tell us was a cruel tyrant, and now that he is put out of the way, all will go well in France. Astraea will again return to that earth from which she has been an emigrant, and all nations will resort to her golden scales. It is very extraordinary, that the very instant the mode of Paris is known here, it becomes all the fashion in London. This is their jargon. It is the old bon ton of robbers, who cast their common crimes on the wickedness of their departed associates. I care little about the memory of this same Robespierre. I am sure he was an execrable villain. I rejoiced at his punishment neither more nor less than I should at the execution of the present Directory, or any of its members. But who gave Robespierre the power of being a tyrant? and who were the instruments of his tyranny? The present virtuous constitution-mongers. He was a tyrant, they were his satellites and his hangmen. Their sole merit is in the murder of their colleague. They have expiated their other murders by a new murder. It has always been the case among this banditti. They have always had the knife at each other's throats, after they had almost blunted it at the throats of every honest man. These people thought that, in the commerce of murder, he was like to have the better of the bargain if any time was lost; they therefore took one of their short revolutionary methods, and massacred him in a manner so perfidious and cruel, as would shock all humanity, if the stroke was not struck by the present rulers on one of their own associates. But this last act of infidelity and murder is to expiate all the rest, and to qualify them for the amity of a humane and virtuous sovereign and civilized people. I have heard that a Tartar believes, when he has killed a man, that all his estimable qualities pass with his clothes and arms to the murderer: but I have never heard that it was the opinion of any savage Scythian, that, if he kills a brother villain, he is, ipso facto, absolved of all his own offences. The Tartarian doctrine is the most tenable opinion. The murderers of Robespierre, besides what they are entitled to by being engaged in the same tontine of infamy, are his representatives, have inherited all his murderous qualities in addition to their own private stock. But it seems we are always to be of a party with the last and victorious assassins. I confess I am of a different mind, and am rather inclined, of the two, to think and speak less hardly of a dead ruffian, than to associate with the living. I could better bear the stench of the gibbeted murderer than the society of the bloody felons who yet annoy the world. Whilst they wait the recompense due to their ancient crimes, they merit new punishment by the new offences they commit. There is a period to the offences of Robespierre. They survive in his assassins. Better a living dog, says the old proverb, than a dead lion; not so here. Murderers and hogs never look well till they are hanged. From villany no good can arise, but in the example of its fate. So I leave them their dead Robespierre, either to gibbet his memory, or to deify him in their Pantheon with their Marat and their Mirabeau.
There must be some impulse besides public spirit to put private interest into motion along with it. Monied men ought to be allowed to set a value on their money; if they did not, there could be no monied men. This desire of accumulation is a principle without which the means of their service to the state could not exist. The love of lucre, though sometimes carried to a ridiculous, sometimes to a vicious excess, is the grand cause of prosperity to all states. In this natural, this reasonable, this powerful, this prolific principle, it is for the satirist to expose the ridiculous: it is for the moralist to censure the vicious; it is for the sympathetic heart to reprobate the hard and cruel; it is for the judge to animadvert on the fraud, the extortion, and the oppression; but it is for the statesman to employ it as he finds it, with all its concomitant excellencies, with all its imperfections on its head. It is his part, in this case, as it is in all other cases where he is to make use of the general energies of nature, to take them as he finds them.
With all these causes of corruption, we may well judge what the general fashion of mind will be through both sexes and all conditions. Such spectacles and such examples will overbear all the laws that ever blackened the cumbrous volumes of our statutes. When royalty shall have disavowed itself; when it shall have relaxed all the principles of its own support; when it has rendered the system of regicide fashionable, and received it as triumphant in the very persons who have consolidated that system by the perpetration of every crime; who have not only massacred the prince, but the very laws and magistrates which were the support of royalty, and slaughtered, with an indiscriminate proscription, without regard to either sex or age, every person that was suspected of an inclination to king, law, or magistracy,—I say, will any one dare to be loyal? Will any one presume, against both authority and opinion, to hold up this unfashionable, antiquated, exploded constitution? The Jacobin faction in England must grow in strength and audacity; it will be supported by other intrigues, and supplied by other resources than yet we have seen in action. Confounded at its growth, the government may fly to parliament for its support. But who will answer for the temper of a house of commons elected under these circumstances? Who will answer for the courage of a house of commons to arm the crown with the extraordinary powers that it may demand? But the ministers will not venture to ask half of what they know they want. They will lose half of that half in the contest: and when they have obtained their nothing, they will be driven by the cries of faction either to demolish the feeble works they have thrown up in a hurry, or, in effect, to abandon them. As to the House of Lords, it is not worth mentioning. The peers ought naturally to be the pillars of the crown; but when their titles are rendered contemptible, and their property invidious, and a part of their weakness, and not of their strength, they will be found so many degraded and trembling individuals, who will seek by evasion to put off the evil day of their ruin. Both houses will be in perpetual oscillation between abortive attempts at energy, and still more unsuccessful attempts at compromise. You will be impatient of your disease, and abhorrent of your remedy. A spirit of subterfuge and a tone of apology will enter into all your proceedings, whether of law or legislation. Your judges, who now sustain so masculine an authority, will appear more on their trial than the culprits they have before them. The awful frown of criminal justice will be smoothed into the silly smile of seduction. Judges will think to insinuate and soothe the accused into conviction and condemnation, and to wheedle to the gallows the most artful of all delinquents. But they will not be so wheedled. They will not submit even to the appearance of persons on their trial. Their claim to this exception will be admitted. The place in which some of the greatest names which ever distinguished the history of this country have stood, will appear beneath their dignity. The criminal will climb from the dock to the side-bar, and take his place and his tea with the counsel. From the bar of the counsel, by a natural progress, he will ascend to the bench, which long before had been virtually abandoned. They who escape from justice will not suffer a question upon reputation. They will take the crown of the causeway: they will be revered as martyrs; they will triumph as conquerors. Nobody will dare to censure that popular part of the tribunal, whose only restraint on misjudgment is the censure of the public. They who find fault with the decision will be represented as enemies to the institution. Juries that convict for the crown will be loaded with obloquy. The juries who acquit will be held up as models of justice. If parliament orders a prosecution, and fails (as fail it will), it will be treated to its face as guilty of a conspiracy maliciously to prosecute. Its care in discovering a conspiracy against the state will be treated as a forged plot to destroy the liberty of the subject; every such discovery, instead of strengthening government, will weaken its reputation.
In this state things will be suffered to proceed, lest measures of vigour should precipitate a crisis. The timid will act thus from character; the wise from necessity. Our laws had done all that the old condition of things dictated to render our judges erect and independent; but they will naturally fail on the side upon which they had taken no precautions. The judicial magistrates will find themselves safe as against the crown, whose will is not their tenure; the power of executing their office will be held at the pleasure of those who deal out fame or abuse as they think fit. They will begin rather to consult their own repose and their own popularity, than the critical and perilous trust that is in their hands. They will speculate on consequences when they see at court an ambassador whose robes are lined with a scarlet dyed in the blood of judges. It is no wonder, nor are they to blame, when they are to consider how they shall answer for their conduct to the criminal of to-day turned into the magistrate of to-morrow.
Is it only an oppressive nightmare with which we have been loaded? Is it then all a frightful dream, and are there no regicides in the world? Have we not heard of that prodigy of a ruffian, who would not suffer his benignant sovereign, with his hands tied behind him, and stripped for execution, to say one parting word to his deluded people;—of Santerre, who commanded the drums and trumpets to strike up to stifle his voice, and dragged him backward to the machine of murder? This nefarious villain (for a few days I may call him so) stands high in France, as in a republic of robbers and murderers he ought. What hinders this monster from being sent as ambassador to convey to his majesty the first compliments of his brethren, the regicide Directory? They have none that can represent them more properly. I anticipate the day of his arrival. He will make his public entry into London on one of the pale horses of his brewery. As he knows that we are pleased with the Paris taste for the orders of knighthood, he will fling a bloody sash across his shoulders with the order of the Holy Guillotine, surmounting the Crown, appendant to the riband. Thus adorned, he will proceed from Whitechapel to the further end of Pall Mall, all the music of London playing the Marseillais hymn before him, and escorted by a chosen detachment of the Legion de l'Echaffaud. It were only to be wished, that no ill-fated loyalist for the imprudence of his zeal may stand in the pillory at Charing Cross, under the statue of King Charles the First, at the time of this grand procession, lest some of the rotten eggs, which the constitutional society shall let fly at his indiscreet head, may hit the virtuous murderer of his king. They might soil the state dress, which the ministers of so many crowned heads have admired, and in which Sir Clement Cotterel is to introduce him at St. James's.
If Santerre cannot be spared from the constitutional butcheries at home, Tallien may supply his place, and, in point of figure, with advantage. He has been habituated to commissions; and he is as well qualified as Santerre for this. Nero wished the Roman people had but one neck. The wish of the more exalted Tallien, when he sat in judgment, was, that his sovereign had eighty-three heads, that he might send one to every one of the departments. Tallien will make an excellent figure at Guildhall at the next sheriff's feast. He may open the ball with my Lady Mayoress. But this will be after he has retired from the public table, and gone into the private room for the enjoyment of more social and unreserved conversation with the ministers of state and the judges of the bench. There these ministers and magistrates will hear him entertain the worthy aldermen with an instructing and pleasing narrative of the manner in which he made the rich citizens of Bordeaux squeak, and gently led them by the public credit of the guillotine to disgorge their anti-revolutionary pelf.
All this will be the display, and the town-talk, when our regicide is on a visit of ceremony. At home nothing will equal the pomp and splendour of the Hotel de la Republique. There another scene of gaudy grandeur will be opened. When his citizen excellency keeps the festival, which every citizen is ordered to observe, for the glorious execution of Louis the Sixteenth, and renews his oath of detestation of kings, a grand ball, of course, will be given on the occasion. Then what a hurly-burly;—what a crowding;—what a glare of a thousand flambeaux in the square;—what a clamour of footmen contending at the door;—what a rattling of a thousand coaches of duchesses, countesses, and Lady Marys, choking the way, and overturning each other, in a struggle who should be first to pay her court to the Citoyenne, the spouse of the twenty-first husband, he the husband of the thirty-first wife, and to hail her in the rank of honourable matrons, before the four days' duration of marriage is expired!—Morals, as they were:—decorum, the great outguard of the sex, and the proud sentiment of honour, which makes virtue more respectable where it is, and conceals human frailty where virtue may not be, will be banished from this land of propriety, modesty, and reserve.
This officer having attempted, with great gallantry, to cut out a vessel from one of the enemy's harbours, was taken after an obstinate resistance, such as obtained him the marked respect of those who were witnesses of his valour, and knew the circumstances in which it was displayed. Upon his arrival at Paris, he was instantly thrown into prison; where the nature of his situation will best be understood, by knowing, that amongst its MITIGATIONS, was the permission to walk occasionally in the court, and to enjoy the privilege of shaving himself. On the old system of feelings and principles, his sufferings might have been entitled to consideration, and even in a comparison with those of citizen La Fayette, to a priority in the order of compassion. If the ministers had neglected to take any steps in his favour, a declaration of the sense of the House of Commons would have stimulated them to their duty. If they had caused a representation to be made, such a proceeding would have added force to it. If reprisal should be thought advisable, the address of the House would have given an additional sanction to a measure which would have been, indeed, justifiable without any other sanction than its own reason. But, no. Nothing at all like it. In fact, the merit of Sir Sydney Smith, and his claim on British compassion, was of a kind altogether different from that which interested so deeply the authors of the motion in favour of citizen La Fayette. In my humble opinion, Captain Sir Sydney Smith has another sort of merit with the British nation, and something of a higher claim on British humanity, than citizen La Fayette. Faithful, zealous, and ardent, in the service of his king and country; full of spirit; full of resources; going out of the beaten road, but going right, because his uncommon enterprise was not conducted by a vulgar judgment;—in his profession, Sir Sydney Smith might be considered as a distinguished person, if any person could well be distinguished in a service in which scarcely a commander can be named without putting you in mind of some action of intrepidity, skill, and vigilance, that has given them a fair title to contend with any men, and in any age. But I will say nothing farther of the merits of Sir Sydney Smith: the mortal animosity of the regicide enemy supersedes all other panegyric. Their hatred is a judgment in his favour without appeal. At present he is lodged in the tower of the Temple, the last prison of Louis the Sixteenth, and the last but one of Maria Antonietta of Austria; the prison of Louis the Seventeenth; the prison of Elizabeth of Bourbon. There he lies, unpitied by the grand philanthropy, to meditate upon the fate of those who are faithful to their king and country. Whilst this prisoner, secluded from intercourse, was indulging in these cheering reflections, he might possibly have had the further consolation of learning (by means of the insolent exultation of his guards), that there was an English ambassador at Paris; he might have had the proud comfort of hearing, that this ambassador had the honour of passing his mornings in respectful attendance at the office of a regicide pettifogger; and that in the evening he relaxed in the amusements of the opera, and in the spectacle of an audience totally new; an audience in which he had the pleasure of seeing about him not a single face that he could formerly have known in Paris; but in the place of that company, one indeed more than equal to it in display of gaiety, splendour, and luxury; a set of abandoned wretches, squandering in insolent riot the spoils of their bleeding country. A subject of profound reflection both to the prisoner and to the ambassador.
I think we might have found, before the rude hand of insolent office was on our shoulder, and the staff of usurped authority brandished over our heads, that contempt of the suppliant is not the best forwarder of a suit; that national disgrace is not the high road to security, much less to power and greatness. Patience, indeed, strongly indicates the love of peace; but mere love does not always lead to enjoyment. It is the power of winning that palm which ensures our wearing it. Virtues have their place; and out of their place they hardly deserve the name. They pass into the neighbouring vice. The patience of fortitude and the endurance of pusillanimity are things very different, as in their principle, so in their effects.
In the revolution of France two sorts of men were principally concerned in giving a character and determination to its pursuits: the philosophers and the politicians. They took different ways, but they met in the same end. The philosophers had one predominant object, which they pursued with a fanatical fury; that is, the utter extirpation of religion. To that every question of empire was subordinate. They had rather domineer in a parish of atheists than rule over a Christian world. Their temporal ambition was wholly subservient to their proselytizing spirit, in which they were not exceeded by Mahomet himself. They who have made but superficial studies in the natural history of the human mind, have been taught to look on religious opinions as the only cause of enthusiastic zeal and sectarian propagation. But there is no doctrine whatever, on which men can warm, that is not capable of the very same effect. The social nature of man impels him to propagate his principles, as much as physical impulses urge him to propagate his kind. The passions give zeal and vehemence. The understanding bestows design and system. The whole man moves under the discipline of his opinions. Religion is among the most powerful causes of enthusiasm. When anything concerning it becomes an object of much meditation, it cannot be indifferent to the mind. They who do not love religion, hate it. The rebels to God perfectly abhor the author of their being. They hate him "with all their heart, with all their mind, with all their soul, and with all their strength." He never presents himself to their thoughts, but to menace and alarm them. They cannot strike the sun out of heaven, but they are able to raise a smouldering smoke that obscures him from their own eyes. Not being able to revenge themselves on God, they have a delight in vicariously defacing, degrading, torturing, and tearing in pieces his image in man. Let no one judge of them by what he has conceived of them, when they were not incorporated, and had no lead. They were then only passengers in a common vehicle. They were then carried along with the general motion of religion in the community, and, without being aware of it, partook of its influence. In that situation, at worst, their nature was left free to counter-work their principles. They despaired of giving any very general currency to their opinions. They considered them as a reserved privilege for the chosen few. But when the possibility of dominion, lead, and propagation, presented itself, and that the ambition, which before had so often made them hypocrites, might rather gain than lose by a daring avowal of their sentiments, then the nature of this infernal spirit, which has "evil for its good," appeared in its full perfection. Nothing indeed but the possession of some power can with any certainty discover what at the bottom is the true character of any man. Without reading the speeches of Vergniaud, Francian of Nantes, Isnard, and some others of that sort, it would not be easy to conceive the passion, rancour, and malice of their tongues and hearts. They worked themselves up to a perfect frenzy against religion and all its professors. They tore the reputation of the clergy to pieces by their infuriated declamations and invectives, before they lacerated their bodies by their massacres. This fanatical atheism left out, we omit the principal feature in the French revolution, and a principal consideration with regard to the effects to be expected from a peace with it.
The other sort of men were the politicians. To them, who had little or not at all reflected on the subject, religion was in itself no object of love or hatred. They disbelieved it, and that was all. Neutral with regard to that object, they took the side which in the present state of things might best answer their purposes. They soon found that they could not do without the philosophers; and the philosophers soon made them sensible that the destruction of religion was to supply them with means of conquest, first at home, and then abroad. The philosophers were the active internal agitators, and supplied the spirit and principles: the second gave the practical direction. Sometimes the one predominated in the composition, sometimes the other. The only difference between them was in the necessity of concealing the general design for a time, and in their dealing with foreign nations; the fanatics going straightforward and openly, the politicians by the surer mode of zigzag. In the course of events, this, among other causes, produced fierce and bloody contentions between them. But at the bottom they thoroughly agreed in all the objects of ambition and irreligion, and substantially in all the means of promoting these ends.
After such an elaborate display had been made of the injustice and insolence of an enemy, who seems to have been irritated by every one of the means which had been commonly used with effect to soothe the rage of intemperate power, the natural result would be, that the scabbard, in which we in vain attempted to plunge our sword, should have been thrown away with scorn. It would have been natural that, rising in the fulness of their might, insulted majesty, despised dignity, violated justice, rejected supplication, patience goaded into fury, would have poured out all the length of the reins upon all the wrath which they had so long restrained. It might have been expected that, emulous of the glory of the youthful hero in alliance with him, touched by the example of what one man, well formed and well placed, may do in the most desperate state of affairs, convinced there is a courage of the cabinet full as powerful, and far less vulgar than that of the field, our minister would have changed the whole line of that useless, prosperous prudence, which had hitherto produced all the effects of the blindest temerity. If he found his situation full of danger (and I do not deny that it is perilous in the extreme), he must feel that it is also full of glory; and that he is placed on a stage, than which no muse of fire that had ascended the highest heaven of invention could imagine anything more awful and august. It was hoped that, in this swelling scene in which he moved with some of the first potentates of Europe for his fellow-actors, and with so many of the rest for the anxious spectators of a part, which, as he plays it, determines for ever their destiny and his own, like Ulysses in the unravelling point of the epic story, he would have thrown off his patience and his rags together; and, stripped of unworthy disguises, he would have stood forth in the form and in the attitude of a hero. On that day it was thought he would have assumed the port of Mars; that he would bid to be brought forth from their hideous kennel (where his scrupulous tenderness had too long immured them) those impatient dogs of war, whose fierce regards affright even the minister of vengeance that feeds them; that he would let them loose, in famine, fever, plagues, and death, upon a guilty race, to whose frame, and to all whose habit, order, peace, religion, and virtue are alien and abhorrent. It was expected that he would at last have thought of active and effectual war; that he would no longer amuse the British lion in the chase of mice and rats; that he would no longer employ the whole naval power of Great Britain, once the terror of the world, to prey upon the miserable remains of a peddling commerce, which the enemy did not regard, and from which none could profit. It was expected that he would have re-asserted the justice of his cause; that he would have re-animated whatever remained to him of his allies, and endeavoured to recover those whom their fears had led astray; that he would have rekindled the martial ardour of his citizens; that he would have held out to them the example of their ancestry, the assertor of Europe, and the scourge of French ambition; that he would have reminded them of a posterity, which, if this nefarious robbery under the fraudulent name and false colour of a government, should in full power be seated in the heart of Europe, must for ever be consigned to vice, impiety, barbarism, and the most ignominious slavery of body and mind. In so holy a cause it was presumed that he would (as in the beginning of the war he did) have opened all the temples; and with prayer, with fasting, and with supplication (better directed than to the grim Moloch of regicide in France), have called upon us to raise that united cry which has so often stormed heaven, and with a pious violence forced down blessings upon a repentant people. It was hoped that when he had invoked upon his endeavours the favourable regard of the Protector of the human race, it would be seen that his menaces to the enemy, and his prayers to the Almighty, were not followed, but accompanied, with correspondent action. It was hoped that his shrilling trumpet should be heard, not to announce a show, but to sound a charge.
This violent breach in 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 an 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 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 distance 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 Neighbourhood" which does not leave a man perfectly master on his own ground. When a neighbour 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 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 neighbour. The whole doctrine of that important head of praetorian 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 neighbour. This law of denunciation is prospective. It is to anticipate what is called damnum infectum, 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 favourable 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 neighbourhood, 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 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. Neighbours are presumed to take cognizance of each other's acts. "Vicini vicinorum facta praesumuntur 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.
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 guarantees 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 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 rancour 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 latter 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 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 European 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 colours of the whole.
The same temper which brings us to solicit a Jacobin peace, will induce us to temporize with all the evils of it. By degrees our minds will be made to our circumstances. The novelty of such things, which produces half the horror, and all the disgust, will be worn off. Our ruin will be disguised in profit, and the sale of a few wretched baubles will bribe a degenerate people to barter away the most precious jewel of their souls. Our constitution is not made for this kind of warfare. It provides greatly for our happiness,—it furnishes few means for our defence. It is formed, in a great measure, upon the principle of jealousy of the crown; and, as things stood when it took that turn, with very great reason. I go further; it must keep alive some part of that fire of jealousy eternally and chastely burning, or it cannot be the British constitution. At various periods we have had tyranny in this country, more than enough. We have had rebellions, with more or less justification. Some of our kings have made adulterous connections abroad, and trucked away for foreign gold the interests and glory of their crown. But before this time our liberty has never been corrupted. I mean to say, that it has never been debauched from its domestic relations. To this time it has been English liberty, and English liberty only. Our love of liberty and our love of our country were not distinct things. Liberty is now, it seems, put upon a larger and more liberal bottom. We are men, and as men, undoubtedly nothing human is foreign to us. We cannot be too liberal in our general wishes for the happiness of our kind. But in all questions on the mode of procuring it for any particular community, we ought to be fearful of admitting those who have no interest in it, or who have, perhaps, an interest against it, into the consultation. Above all, we cannot be too cautious in our communication with those who seek their happiness by other roads than those of humanity, morals, and religion, and whose liberty consists, and consists alone, in being free from those restraints which are imposed by the virtues upon the passions.
When we invite danger from a confidence in defensive measures, we ought, first of all, to be sure that it is a species of danger against which any defensive measures that can be adopted will be sufficient. Next we ought to know that the spirit of our laws, or that our own dispositions, which are stronger than laws, are susceptible of all those defensive measures which the occasion may require. A third consideration is, whether these measures will not bring more odium than strength to government; and the last, whether the authority that makes them, in a general corruption of manners and principles, can insure their execution? Let no one argue from the state of things, as he sees them at present, concerning what will be the means and capacities of government, when the time arrives, which shall call for remedies commensurate to enormous evils.
It is an obvious truth that no constitution can defend itself: it must be defended by the wisdom and fortitude of men. These are what no constitution can give: they are the gifts of God; and he alone knows whether we shall possess such gifts at the time when we stand in need of them. Constitutions furnish the civil means of getting at the natural; it is all that in this case they can do. But our constitution has more impediments than helps. Its excellencies, when they come to be put to this sort of proof, may be found among its defects.
Nothing looks more awful and imposing than an ancient fortification. Its lofty, embattled walls, its bold, projecting, rounded towers, that pierce the sky, strike the imagination, and promise inexpugnable strength. But they are the very things that make its weakness. You may as well think of opposing one of these old fortresses to the mass of artillery brought by a French irruption into the field, as to think of resisting, by your old laws, and your old forms, the new destruction which the corps of Jacobin engineers of to-day prepare for all such forms and all such laws. Besides the debility and false principle of their construction to resist the present modes of attack, the fortress itself is in ruinous repair, and there is a practicable breach in every part of it.
Such is the work. But miserable works have been defended by the constancy of the garrison. Weather-beaten ships have been brought safe to port by the spirit and alertness of the crew. But it is here that we shall eminently fail. The day that, by their consent, the seat of regicide has its place among the thrones of Europe, there is no longer a motive for zeal in their favour; it will at best be cold, unimpassioned, dejected, melancholy duty. The glory will seem all on the other side. The friends of the crown will appear, not as champions, but as victims; discountenanced, mortified, lowered, defeated, they will fall into listlessness and indifference. They will leave things to take their course; enjoy the present hour, and submit to the common fate.