The Works of the Right Honourable Edmund Burke, Vol. 05 (of 12)

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 an 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 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 conclusion of their dishonored and depraved existence. Endeavoring to persuade the people that they are no better than beasts, the whole body of their institution 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 empire. 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, bravoes, smugglers, and their more desperate paramours, mixed with bombastic players, the refuse 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 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 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 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 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 polities, 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 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, those 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 prætorian 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 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 prætorian 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 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 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 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 præsumuntur seire." 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.32 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 vicinity 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 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 robbery, 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 molecules 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 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 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 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 fidelity 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 sure-wrought 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 Révellière, and with the Merlins and the Talliens, rather than suffer exile and beggary with the Condés, or the Broglies, the Castries, the D'Avarays, the Sérents, the Cazalès, 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'Esprémesnils, 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.