The History of Freedom, and Other Essays

The constitution of 1795, the work of a learned priest, confined the franchise to those who should know how to read and write; and in 1849 this provision was rejected by men who intended that the ignorant voter should help them to overturn the Republic. In our time no democracy could long subsist without educating the masses; and the scheme of Daunou is simply an indirect encouragement to elementary instruction.

In 1799 Sieyès suggested to Bonaparte the idea of a great Council, whose function it should be to keep the acts of the Legislature in harmony with the constitution – a function which the Nomophylakes discharged at Athens, and the Supreme Court in the United States, and which produced the Sénat Conservateur, one of the favourite implements of Imperialism. Sieyès meant that his Council should also serve the purpose of a gilded ostracism, having power to absorb any obnoxious politician, and to silence him with a thousand a year.

Napoleon the Third's plan of depriving unmarried men of their votes would have disfranchised the two greatest Conservative classes in France, the priest and the soldier.

In the American constitution it was intended that the chief of the executive should be chosen by a body of carefully selected electors. But since, in 1825, the popular candidate succumbed to one who had only a minority of votes, it has become the practice to elect the President by the pledged delegates of universal suffrage.

The exclusion of ministers from Congress has been one of the severest strains on the American system; and the law which required a majority of three to one enabled Louis Napoleon to make himself Emperor. Large constituencies make independent deputies; but experience proves that small assemblies, the consequence of large constituencies, can be managed by Government.

The composite vote and the cumulative vote have been almost universally rejected as schemes for baffling the majority. But the principle of dividing the representatives equally between population and property has never had fair play. It was introduced by Thouret into the constitution of 1791. The Revolution made it inoperative; and it was so manipulated from 1817 to 1848 by the fatal dexterity of Guizot as to make opinion ripe for universal suffrage.

Constitutions which forbid the payment of deputies and the system of imperative instructions, which deny the power of dissolution, and make the Legislature last for a fixed term, or renew it by partial re-elections, and which require an interval between the several debates on the same measure, evidently strengthen the independence of the representative assembly. The Swiss veto has the same effect, as it suspends legislation only when opposed by a majority of the whole electoral body, not by a majority of those who actually vote upon it.

Indirect elections are scarcely anywhere in use out of Germany, but they have been a favourite corrective of democracy with many thoughtful politicians. Where the extent of the electoral district obliges constituents to vote for candidates who are unknown to them, the election is not free. It is managed by wire-pullers, and by party machinery, beyond the control of the electors. Indirect election puts the choice of the managers into their hands. The objection is that the intermediate electors are generally too few to span the interval between voters and candidates, and that they choose representatives not of better quality, but of different politics. If the intermediate body consisted of one in ten of the whole constituency, the contact would be preserved, the people would be really represented, and the ticket system would be broken down.

The one pervading evil of democracy is the tyranny of the majority, or rather of that party, not always the majority, that succeeds, by force or fraud, in carrying elections. To break off that point is to avert the danger. The common system of representation perpetuates the danger. Unequal electorates afford no security to majorities. Equal electorates give none to minorities. Thirty-five years ago it was pointed out that the remedy is proportional representation. It is profoundly democratic, for it increases the influence of thousands who would otherwise have no voice in the government; and it brings men more near an equality by so contriving that no vote shall be wasted, and that every voter shall contribute to bring into Parliament a member of his own opinions. The origin of the idea is variously claimed for Lord Grey and for Considérant. The successful example of Denmark and the earnest advocacy of Mill gave it prominence in the world of politics. It has gained popularity with the growth of democracy, and we are informed by M. Naville that in Switzerland Conservatives and Radicals combined to promote it.

Of all checks on democracy, federalism has been the most efficacious and the most congenial; but, becoming associated with the Red Republic, with feudalism, with the Jesuits, and with slavery, it has fallen into disrepute, and is giving way to centralism. The federal system limits and restrains the sovereign power by dividing it, and by assigning to Government only certain defined rights. It is the only method of curbing not only the majority but the power of the whole people, and it affords the strongest basis for a second chamber, which has been found the essential security for freedom in every genuine democracy.

The fall of Guizot discredited the famous maxim of the Doctrinaires, that Reason is sovereign, and not king or people; and it was further exposed to the scoffer by the promise of Comte that Positivist philosophers shall manufacture political ideas, which no man shall be permitted to dispute. But putting aside international and criminal law, in which there is some approach to uniformity, the domain of political economy seems destined to admit the rigorous certainty of science. Whenever that shall be attained, when the battle between Economists and Socialists is ended, the evil force which Socialism imparts to democracy will be spent. The battle is raging more violently than ever, but it has entered into a new phase, by the rise of a middle party. Whether that remarkable movement, which is promoted by some of the first economists in Europe, is destined to shake the authority of their science, or to conquer socialism, by robbing it of that which is the secret of its strength, it must be recorded here as the latest and the most serious effort that has been made to disprove the weighty sentence of Rousseau, that democracy is a government for gods, but unfit for man.

We have been able to touch on only a few of the topics that crowd Sir Erskine May's volumes. Although he has perceived more clearly than Tocqueville the contact of democracy with socialism, his judgment is untinged with Tocqueville's despondency, and he contemplates the direction of progress with a confidence that approaches optimism. The notion of an inflexible logic in history does not depress him, for he concerns himself with facts and with men more than with doctrines, and his book is a history of several democracies, not of democracy. There are links in the argument, there are phases of development which he leaves unnoticed, because his object has not been to trace out the properties and the connection of ideas, but to explain the results of experience. We should consult his pages, probably, without effect, if we wished to follow the origin and sequence of the democratic dogmas, that all men are equal; that speech and thought are free; that each generation is a law to itself only; that there shall be no endowments, no entails, no primogeniture; that the people are sovereign; that the people can do no wrong. The great mass of those who, of necessity, are interested in practical politics have no such antiquarian curiosity. They want to know what can be learned from the countries where the democratic experiments have been tried; but they do not care to be told how M. Waddington has emended the Monumentum Ancyranum, what connection there was between Mariana and Milton, or between Penn and Rousseau, or who invented the proverb Vox Populi Vox Dei. Sir Erskine May's reluctance to deal with matters speculative and doctrinal, and to devote his space to the mere literary history of politics, has made his touch somewhat uncertain in treating of the political action of Christianity, perhaps the most complex and comprehensive question that can embarrass a historian. He disparages the influence of the mediæval Church on nations just emerging from a barbarous paganism, and he exalts it when it had become associated with despotism and persecution. He insists on the liberating action of the Reformation in the sixteenth century, when it gave a stimulus to absolutism; and he is slow to recognise, in the enthusiasm and violence of the sects in the seventeenth, the most potent agency ever brought to bear on democratic history. The omission of America creates a void between 1660 and 1789, and leaves much unexplained in the revolutionary movement of the last hundred years, which is the central problem of the book. But if some things are missed from the design, if the execution is not equal in every part, the praise remains to Sir Erskine May, that he is the only writer who has ever brought together the materials for a comparative study of democracy, that he has avoided the temper of party, that he has shown a hearty sympathy for the progress and improvement of mankind, and a steadfast faith in the wisdom and the power that guide it.

IV

THE MASSACRE OF ST. BARTHOLOMEW 6

The way in which Coligny and his adherents met their death has been handed down by a crowd of trustworthy witnesses, and few things in history are known in more exact detail. But the origin and motives of the tragedy, and the manner of its reception by the opinion of Christian Europe, are still subject to controversy. Some of the evidence has been difficult of access, part is lost, and much has been deliberately destroyed. No letters written from Paris at the time have been found in the Austrian archives. In the correspondence of thirteen agents of the House of Este at the Court of Rome, every paper relating to the event has disappeared. All the documents of 1572, both from Rome and Paris, are wanting in the archives of Venice. In the Registers of many French towns the leaves which contained the records of August and September in that year have been torn out. The first reports sent to England by Walsingham and by the French Government have not been recovered. Three accounts printed at Rome, when the facts were new, speedily became so rare that they have been forgotten. The Bull of Gregory XIII. was not admitted into the official collections; and the reply to Muretus has escaped notice until now. The letters of Charles IX. to Rome, with the important exception of that which he wrote on the 24th of August, have been dispersed and lost The letters of Gregory XIII. to France have never been seen by persons willing to make them public. In the absence of these documents the most authentic information is that which is supplied by the French Ambassador and by the Nuncio. The despatches of Ferralz, describing the attitude of the Roman court, are extant, but have not been used. Those of Salviati have long been known. Chateaubriand took a copy when the papal archives were at Paris, and projected a work on the events with which they are concerned. Some extracts were published, with his consent, by the continuator of Mackintosh; and a larger selection, from the originals in the Vatican, appeared in Theiner's Annals of Gregory XIII. The letters written under Pius V. are beyond the limits of that work; and Theiner, moreover, has omitted whatever seemed irrelevant to his purpose. The criterion of relevancy is uncertain; and we shall avail ourselves largely of the unpublished portions of Salviati's correspondence, which were transcribed by Chateaubriand. These manuscripts, with others of equal importance not previously consulted, determine several doubtful questions of policy and design.

The Protestants never occupied a more triumphant position, and their prospects were never brighter, than in the summer of 1572. For many years the progress of their religion had been incessant. The most valuable of the conquests it has retained were already made; and the period of its reverses had not begun. The great division which aided Catholicism afterwards to recover so much lost ground was not openly confessed; and the effectual unity of the Reformed Churches was not yet dissolved. In controversial theology the defence was weaker than the attack. The works to which the Reformation owed its popularity and system were in the hands of thousands, while the best authors of the Catholic restoration had not begun to write. The press continued to serve the new opinions better than the old; and in literature Protestantism was supreme. Persecuted in the South, and established by violence in the North, it had overcome the resistance of princes in Central Europe, and had won toleration without ceasing to be intolerant. In France and Poland, in the dominions of the Emperor and under the German prelates, the attempt to arrest its advance by physical force had been abandoned. In Germany it covered twice the area that remained to it in the next generation, and, except in Bavaria, Catholicism was fast dying out. The Polish Government had not strength to persecute, and Poland became the refuge of the sects. When the bishops found that they could not prevent toleration, they resolved that they would not restrict it. Trusting to the maxim, "Bellum Haereticorum pax est Ecclesiae," they insisted that liberty should extend to those whom the Reformers would have exterminated.7 The Polish Protestants, in spite of their dissensions, formed themselves into one great party. When the death of the last of the Jagellons, on the 7th of July 1572, made the monarchy elective, they were strong enough to enforce their conditions on the candidates; and it was thought that they would be able to decide the election, and obtain a king of their own choosing. Alva's reign of Terror had failed to pacify the Low Countries, and he was about to resign the hopeless task to an incapable successor. The taking of the Brill in April was the first of those maritime victories which led to the independence of the Dutch. Mons fell in May; and in July the important province of Holland declared for the Prince of Orange. The Catholics believed that all was lost if Alva remained in command.8

The decisive struggle was in France. During the minority of Charles IX. persecution had given way to civil war, and the Regent, his mother, had vainly striven, by submitting to neither party, to uphold the authority of the Crown. She checked the victorious Catholics, by granting to the Huguenots terms which constituted them, in spite of continual disaster in the field, a vast and organised power in the State. To escape their influence it would have been necessary to invoke the help of Philip II., and to accept protection which would have made France subordinate to Spain. Philip laboured to establish such an alliance; and it was to promote this scheme that he sent his queen, Elizabeth of Valois, to meet her mother at Bayonne. In 1568 Elizabeth died; and a rumour came to Catherine touching the manner of her death which made it hard to listen to friendly overtures from her husband. Antonio Perez, at that time an unscrupulous instrument of his master's will, afterwards accused him of having poisoned his wife. "On parle fort sinistrement de sa mort, pour avoir été advancée," says Brantôme. After the massacre of the Protestants, the ambassador at Venice, a man distinguished as a jurist and a statesman, reproached Catherine with having thrown France into the hands of him in whom the world recognised her daughter's murderer. Catherine did not deny the truth of the report. She replied that she was "bound to think of her sons in preference to her daughters, that the foul-play was not fully proved, and that if it were it could not be avenged so long as France was weakened by religious discord."9 She wrote as she could not have written if she had been convinced that the suspicion was unjust.

When Charles IX. began to be his own master he seemed resolved to follow his father and grandfather in their hostility to the Spanish Power. He wrote to a trusted servant that all his thoughts were bent on thwarting Philip.10 While the Christian navies were fighting at Lepanto, the King of France was treating with the Turks. His menacing attitude in the following year kept Don Juan in Sicilian waters, and made his victory barren for Christendom. Encouraged by French protection, Venice withdrew from the League. Even in Corsica there was a movement which men interpreted as a prelude to the storm that France was raising against the empire of Spain. Rome trembled in expectation of a Huguenot invasion of Italy; for Charles was active in conciliating the Protestants both abroad and at home. He married a daughter of the tolerant Emperor Maximilian II.; and he carried on negotiations for the marriage of his brother with Queen Elizabeth, not with any hope of success, but in order to impress public opinion.11 He made treaties of alliance, in quick succession, with England, with the German Protestants, and with the Prince of Orange. He determined that his brother Anjou, the champion of the Catholics, of whom it was said that he had vowed to root out the Protestants to a man,12 should be banished to the throne of Poland. Disregarding the threats and entreaties of the Pope, he gave his sister in marriage to Navarre. By the peace of St. Germains the Huguenots had secured, within certain limits, freedom from persecution and the liberty of persecuting; so that Pius V. declared that France had been made the slave of heretics. Coligny was now the most powerful man in the kingdom. His scheme for closing the civil wars by an expedition for the conquest of the Netherlands began to be put in motion. French auxiliaries followed Lewis of Nassau into Mons; an army of Huguenots had already gone to his assistance; another was being collected near the frontier, and Coligny was preparing to take the command in a war which might become a Protestant crusade, and which left the Catholics no hope of victory. Meanwhile many hundreds of his officers followed him to Paris, to attend the wedding which was to reconcile the factions, and cement the peace of religion.

In the midst of those lofty designs and hopes, Coligny was struck down. On the morning of the 22nd of August he was shot at and badly wounded. Two days later he was killed; and a general attack was made on the Huguenots of Paris. It lasted some weeks, and was imitated in about twenty places. The chief provincial towns of France were among them.

Judged by its immediate result, the massacre of St. Bartholomew was a measure weakly planned and irresolutely executed, which deprived Protestantism of its political leaders, and left it for a time to the control of zealots. There is no evidence to make it probable that more than seven thousand victims perished. Judged by later events, it was the beginning of a vast change in the conflict of the churches. At first it was believed that a hundred thousand Huguenots had fallen. It was said that the survivors were abjuring by thousands,13 that the children of the slain were made Catholics, that those whom the priest had admitted to absolution and communion were nevertheless put to death.14 Men who were far beyond the reach of the French Government lost their faith in a religion which Providence had visited with so tremendous a judgment;15 and foreign princes took heart to employ severities which could excite no horror after the scenes in France.

Contemporaries were persuaded that the Huguenots had been flattered and their policy adopted only for their destruction, and that the murder of Coligny and his followers was a long premeditated crime. Catholics and Protestants vied with each other in detecting proofs of that which they variously esteemed a sign of supernatural inspiration or of diabolical depravity. In the last forty years a different opinion has prevailed. It has been deemed more probable, more consistent with testimony and with the position of affairs at the time, that Coligny succeeded in acquiring extraordinary influence over the mind of Charles, that his advice really predominated, and that the sanguinary resolution was suddenly embraced by his adversaries as the last means of regaining power. This opinion is made plausible by many facts. It is supported by several writers who were then living, and by the document known as the Confession of Anjou. The best authorities of the present day are nearly unanimous in rejecting premeditation.

The evidence on the opposite side is stronger than they suppose. The doom which awaited the Huguenots had been long expected and often foretold. People at a distance, Monluc in Languedoc, and the Protestant Mylius in Italy, drew the same inference from the news that came from the court. Strangers meeting on the road discussed the infatuation of the Admiral.16 Letters brought from Rome to the Emperor the significant intimation that the birds were all caged, and now was the time to lay hands on them.17 Duplessis-Mornay, the future chief of the Huguenots, was so much oppressed with a sense of coming evil, that he hardly ventured into the streets on the wedding-day. He warned the Admiral of the general belief among their friends that the marriage concealed a plot for their ruin, and that the festivities would end in some horrible surprise.18 Coligny was proof against suspicion. Several of his followers left Paris, but he remained unmoved. At one moment the excessive readiness to grant all his requests shook the confidence of his son-in-law Téligny; but the doubt vanished so completely that Téligny himself prevented the flight of his partisans after the attempt on the Admiral's life. On the morning of the fatal day, Montgomery sent word to Walsingham that Coligny was safe under protection of the King's Guards, and that no further stir was to be apprehended.19

For many years foreign advisers had urged Catherine to make away with these men. At first it was computed that half a dozen victims would be enough.20 That was the original estimate of Alva, at Bayonne.21 When the Duke of Ferrara was in France, in 1564, he proposed a larger measure, and he repeated this advice by the mouth of every agent whom he sent to France.22 After the event, both Alva and Alfonso reminded Catherine that she had done no more than follow their advice.23 Alva's letter explicitly confirms the popular notion which connects the massacre with the conference of Bayonne; and it can no longer now be doubted that La Roche-sur-Yon, on his deathbed, informed Coligny that murderous resolutions had been taken on that occasion.24 But the Nuncio, Santa Croce, who was present, wrote to Cardinal Borromeo that the Queen had indeed promised to punish the infraction of the Edict of Pacification, but that this was a very different thing from undertaking to extirpate heresy. Catherine affirmed that in this way the law could reach all the Huguenot ministers; and Alva professed to believe her.25 Whatever studied ambiguity of language she may have used, the action of 1572 was uninfluenced by deliberations which were seven years old.

During the spring and summer the Tuscan agents diligently prepared their master for what was to come. Petrucci wrote on the 19th of March that, for a reason which he could not trust to paper, the marriage would certainly take place, though not until the Huguenots had delivered up their strongholds. Four weeks later Alamanni announced that the Queen's pious design for restoring unity of faith would, by the grace of God, be speedily accomplished. On the 9th of August Petrucci was able to report that the plan arranged at Bayonne was near execution.26 Yet he was not fully initiated. The Queen afterwards assured him that she had confided the secret to no foreign resident except the Nuncio,27 and Petrucci resentfully complains that she had also consulted the Ambassador of Savoy. Venice, like Florence and Savoy, was not taken by surprise. In February the ambassador Contarini explained to the Senate the specious tranquillity in France, by saying that the Government reckoned on the death of the Admiral or the Queen of Navarre to work a momentous change.28 Cavalli, his successor, judged that a business so grossly mismanaged showed no signs of deliberation.29 There was another Venetian at Paris who was better informed. The Republic was seeking to withdraw from the league against the Turks; and her most illustrious statesman, Giovanni Michiel, was sent to solicit the help of France in negotiating peace.30 The account which he gave of his mission has been pronounced by a consummate judge of Venetian State-Papers the most valuable report of the sixteenth century.31 He was admitted almost daily to secret conference with Anjou, Nevers, and the group of Italians on whom the chief odium rests; and there was no counsellor to whom Catherine more willingly gave ear.32 Michiel affirms that the intention had been long entertained, and that the Nuncio had been directed to reveal it privately to Pius V.33