The Works of the Right Honourable Edmund Burke, Vol. 04 (of 12)

The theory contained in his book is not to furnish principles for making a new Constitution, but for illustrating the principles of a Constitution already made. It is a theory drawn from the fact of our government. They who oppose it are bound to show that his theory militates with that fact; otherwise, their quarrel is not with his book, but with the Constitution of their country. The whole scheme of our mixed Constitution is to prevent any one of its principles from being carried as far as, taken by itself, and theoretically, it would go. Allow that to be the true policy of the British system, then most of the faults with which that system stands charged will appear to be, not imperfections into which it has inadvertently fallen, but excellencies which it has studiously sought. To avoid the perfections of extreme, all its several parts are so constituted as not alone to answer their own several ends, but also each to limit and control the others; insomuch that, take which of the principles you please, you will find its operation checked and stopped at a certain point. The whole movement stands still rather than that any part should proceed beyond its boundary. From thence it results that in the British Constitution there is a perpetual treaty and compromise going on, sometimes openly, sometimes with less observation. To him who contemplates the British Constitution, as to him who contemplates the subordinate material world, it will always be a matter of his most curious investigation to discover the secret of this mutual limitation.

Finita potestas denique cuiqueQuanam sit ratione, atque alte terminus hærens?

They who have acted, as in France they have done, upon a scheme wholly different, and who aim at the abstract and unlimited perfection of power in the popular part, can be of no service to us in any of our political arrangements. They who in their headlong career have overpassed the goal can furnish no example to those who aim to go no further. The temerity of such speculators is no more an example than the timidity of others. The one sort scorns the right; the other fears it; both miss it. But those who by violence go beyond the barrier are without question the most mischievous; because, to go beyond it, they overturn and destroy it. To say they have spirit is to say nothing in their praise. The untempered spirit of madness, blindness, immorality, and impiety deserves no commendation. He that sets his house on fire because his fingers are frost-bitten can never be a fit instructor in the method of providing our habitations with a cheerful and salutary warmth. We want no foreign examples to rekindle in us the flame of liberty. The example of our own ancestors is abundantly sufficient to maintain the spirit of freedom in its full vigor, and to qualify it in all its exertions. The example of a wise, moral, well-natured, and well-tempered spirit of freedom is that alone which can be useful to us, or in the least degree reputable or safe. Our fabric is so constituted, one part of it bears so much on the other, the parts are so made for one another, and for nothing else, that to introduce any foreign matter into it is to destroy it.

What has been said of the Roman Empire is at least as true of the British Constitution:—"Octingentorum annorum fortuna disciplinaque compages hæc coaluit; quæ convelli sine convellentium exitio non potest." This British Constitution has not been struck out at an heat by a set of presumptuous men, like the Assembly of pettifoggers run mad in Paris.

"'Tis not the hasty product of a day,But the well-ripened fruit of wise delay."

It is the result of the thoughts of many minds in many ages. It is no simple, no superficial thing, nor to be estimated by superficial understandings. An ignorant man, who is not fool enough to meddle with his clock, is, however, sufficiently confident to think he can safely take to pieces and put together, at his pleasure, a moral machine of another guise, importance, and complexity, composed of far other wheels and springs and balances and counteracting and coöperating powers. Men little think how immorally they act in rashly meddling with what they do not understand. Their delusive good intention is no sort of excuse for their presumption. They who truly mean well must be fearful of acting ill. The British Constitution may have its advantages pointed out to wise and reflecting minds, but it is of too high an order of excellence to be adapted to those which are common. It takes in too many views, it makes too many combinations, to be so much as comprehended by shallow and superficial understandings. Profound thinkers will know it in its reason and spirit. The less inquiring will recognize it in their feelings and their experience. They will thank God they have a standard, which, in the most essential point of this great concern, will put them on a par with the most wise and knowing.

If we do not take to our aid the foregone studies of men reputed intelligent and learned, we shall be always beginners. But men must learn somewhere; and the new teachers mean no more than what they effect, as far as they succeed,—that is, to deprive men of the benefit of the collected wisdom of mankind, and to make them blind disciples of their own particular presumption. Talk to these deluded creatures (all the disciples and most of the masters) who are taught to think themselves so newly fitted up and furnished, and you will find nothing in their houses but the refuse of Knaves' Acre,—nothing but the rotten stuff, worn out in the service of delusion and sedition in all ages, and which, being newly furbished up, patched, and varnished, serves well enough for those who, being unacquainted with the conflict which has always been maintained between the sense and the nonsense of mankind, know nothing of the former existence and the ancient refutation of the same follies. It is near two thousand years since it has been observed that these devices of ambition, avarice, and turbulence were antiquated. They are, indeed, the most ancient of all commonplaces: commonplaces sometimes of good and necessary causes; more frequently of the worst, but which decide upon neither. Eadem semper causa, libido et avaritia, et mutandarum rerum amor. Ceterum libertas et speciosa nomina pretexuntur; nec quisquam alienum servitium, et dominationem sibi concupivit, ut non eadem ista vocabula usurparet.

Rational and experienced men tolerably well know, and have always known, how to distinguish between true and false liberty, and between the genuine adherence and the false pretence to what is true. But none, except those who are profoundly studied, can comprehend the elaborate contrivance of a fabric fitted to unite private and public liberty with public force, with order, with peace, with justice, and, above all, with the institutions formed for bestowing permanence and stability, through ages, upon this invaluable whole.

Place, for instance, before your eyes such a man as Montesquieu. Think of a genius not born in every country or every time: a man gifted by Nature with a penetrating, aquiline eye,—with a judgment prepared with the most extensive erudition,—with an Herculean robustness of mind, and nerves not to be broken with labor,—a man who could spend twenty years in one pursuit. Think of a man like the universal patriarch in Milton (who had drawn up before him in his prophetic vision the whole series of the generations which were to issue from his loins): a man capable of placing in review, after having brought together from the East, the West, the North, and the South, from the coarseness of the rudest barbarism to the most refined and subtle civilization, all the schemes of government which had ever prevailed amongst mankind, weighing, measuring, collating, and comparing them all, joining fact with theory, and calling into council, upon all this infinite assemblage of things, all the speculations which have fatigued the understandings of profound reasoners in all times. Let us then consider, that all these were but so many preparatory steps to qualify a man, and such a man, tinctured with no national prejudice, with no domestic affection, to admire, and to hold out to the admiration of mankind, the Constitution of England. And shall we Englishmen revoke to such a suit? Shall we, when so much more than he has produced remains still to be understood and admired, instead of keeping ourselves in the schools of real science, choose for our teachers men incapable of being taught,—whose only claim to know is, that they have never doubted,—from whom we can learn nothing but their own indocility,—who would teach us to scorn what in the silence of our hearts we ought to adore?

Different from them are all the great critics. They have taught us one essential rule. I think the excellent and philosophic artist, a true judge, as well as a perfect follower of Nature, Sir Joshua Reynolds, has somewhere applied it, or something like it, in his own profession. It is this: that, if ever we should find ourselves disposed not to admire those writers or artists (Livy and Virgil, for instance, Raphael or Michael Angelo) whom all the learned had admired, not to follow our own fancies, but to study them, until we know how and what we ought to admire; and if we cannot arrive at this combination of admiration with knowledge, rather to believe that we are dull than that the rest of the world has been imposed on. It is as good a rule, at least, with regard to this admired Constitution. We ought to understand it according to our measure, and to venerate where we are not able presently to comprehend.

Such admirers were our fathers, to whom we owe this splendid inheritance. Let us improve it with zeal, but with fear. Let us follow our ancestors, men not without a rational, though without an exclusive confidence in themselves,—who, by respecting the reason of others, who, by looking backward as well as forward, by the modesty as well as by the energy of their minds, went on insensibly drawing this Constitution nearer and nearer to its perfection, by never departing from its fundamental principles, nor introducing any amendment which had not a subsisting root in the laws, Constitution, and usages of the kingdom. Let those who have the trust of political or of natural authority ever keep watch against the desperate enterprises of innovation: let even their benevolence be fortified and armed. They have before their eyes the example of a monarch insulted, degraded, confined, deposed; his family dispersed, scattered, imprisoned; his wife insulted to his face, like the vilest of the sex, by the vilest of all populace; himself three times dragged by these wretches in an infamous triumph; his children torn from him, in violation of the first right of Nature, and given into the tuition of the most desperate and impious of the leaders of desperate and impious clubs; his revenues dilapidated and plundered; his magistrates murdered; his clergy proscribed, persecuted, famished; his nobility degraded in their rank, undone in their fortunes, fugitives in their persons; his armies corrupted and ruined; his whole people impoverished, disunited, dissolved; whilst through the bars of his prison, and amidst the bayonets of his keepers, he hears the tumult of two conflicting factions, equally wicked and abandoned, who agree in principles, in dispositions, and in objects, but who tear each other to pieces about the most effectual means of obtaining their common end: the one contending to preserve for a while his name, and his person, the more easily to destroy the royal authority,—the other clamoring to cut off the name, the person, and the monarchy together, by one sacrilegious execution. All this accumulation of calamity, the greatest that ever fell upon one man, has fallen upon his head, because he had left his virtues unguarded by caution,—because he was not taught, that, where power is concerned, he who will confer benefits must take security against ingratitude.

I have stated the calamities which have fallen upon a great prince and nation, because they were not alarmed at the approach of danger, and because, what commonly happens to men surprised, they lost all resource when they were caught in it. When I speak of danger, I certainly mean to address myself to those who consider the prevalence of the new Whig doctrines as an evil.

The Whigs of this day have before them, in this Appeal, their constitutional ancestors; they have the doctors of the modern school. They will choose for themselves. The author of the Reflections has chosen for himself. If a new order is coming on, and all the political opinions must pass away as dreams, which our ancestors have worshipped as revelations, I say for him, that he would rather be the last (as certainly he is the least) of that race of men than the first and greatest of those who have coined to themselves Whig principles from a French die, unknown to the impress of our fathers in the Constitution.

A LETTER TO A PEER OF IRELAND ON THE PENAL LAWS AGAINST IRISH CATHOLICS, PREVIOUS TO THE LATE REPEAL OF A PART THEREOF IN THE SESSION OF THE IRISH PARLIAMENT, HELD A.D. 1782

CHARLES STREET, LONDON, Feb. 21, 1782

My Lord,—I am obliged to your Lordship for your communication of the heads of Mr. Gardiner's bill. I had received it, in an earlier stage of its progress, from Mr. Braughall; and I am still in that gentleman's debt, as I have not made him the proper return for the favor he has done me. Business, to which I was more immediately called, and in which my sentiments had the weight of one vote, occupied me every moment since I received his letter. This first morning which I can call my own I give with great cheerfulness to the subject on which your Lordship has done me the honor of desiring my opinion.

I have read the heads of the bill, with the amendments. Your Lordship is too well acquainted with men, and with affairs, to imagine that any true judgment can be formed on the value of a great measure of policy from the perusal of a piece of paper. At present I am much in the dark with regard to the state of the country which the intended law is to be applied to. It is not easy for me to determine whether or no it was wise (for the sake of expunging the black letter of laws which, menacing as they were in the language, were every day fading into disuse) solemnly to reaffirm the principles and to reenact the provisions of a code of statutes by which you are totally excluded from THE PRIVILEGES OF THE COMMONWEALTH, from the highest to the lowest, from the most material of the civil professions, from the army, and even from education, where alone education is to be had.26

Whether this scheme of indulgence, grounded at once on contempt and jealousy, has a tendency gradually to produce something better and more liberal, I cannot tell, for want of having the actual map of the country. If this should be the case, it was right in you to accept it, such as it is. But if this should be one of the experiments which have sometimes been made before the temper of the nation was ripe for a real reformation, I think it may possibly have ill effects, by disposing the penal matter in a more systematic order, and thereby fixing a permanent bar against any relief that is truly substantial. The whole merit or demerit of the measure depends upon the plans and dispositions of those by whom the act was made, concurring with the general temper of the Protestants of Ireland, and their aptitude to admit in time of some part of that equality without which you never can be FELLOW-CITIZENS. Of all this I am wholly ignorant. All my correspondence with men of public importance in Ireland has for some time totally ceased. On the first bill for the relief of the ROMAN CATHOLICS of Ireland, I was, without any call of mine, consulted both on your side of the water and on this. On the present occasion, I have not heard a word from any man in office, and know as little of the intentions of the British government as I know of the temper of the Irish Parliament. I do not find that any opposition was made by the principal persons of the minority in the House of Commons, or that any is apprehended from them in the House of Lords. The whole of the difficulty seems to lie with the principal men in government, under whose protection this bill is supposed to be brought in. This violent opposition and cordial support, coming from one and the same quarter, appears to me something mysterious, and hinders me from being able to make any clear judgment of the merit of the present measure, as compared with the actual state of the country and the general views of government, without which one can say nothing that may not be very erroneous.

To look at the bill in the abstract, it is neither more nor less than a renewed act of UNIVERSAL, UNMITIGATED, INDISPENSABLE, EXCEPTIONLESS DISQUALIFICATION.

One would imagine that a bill inflicting such a multitude of incapacities had followed on the heels of a conquest made by a very fierce enemy, under the impression of recent animosity and resentment. No man, on reading that bill, could imagine he was reading an act of amnesty and indulgence, following a recital of the good behavior of those who are the objects of it,—which recital stood at the head of the bill, as it was first introduced, but, I suppose for its incongruity with the body of the piece, was afterwards omitted. This I say on memory. It, however, still recites the oath, and that Catholics ought to be considered as good and loyal subjects to his Majesty, his crown and government. Then follows an universal exclusion of those GOOD and LOYAL subjects from every (even the lowest) office of trust and profit,—from any vote at an election,—from any privilege in a town corporate,—from being even a freeman of such a corporation,—from serving on grand juries,—from a vote at a vestry,—from having a gun in his house,—from being a barrister, attorney, or solicitor, &c., &c., &c.

This has surely much more the air of a table of proscription than an act of grace. What must we suppose the laws concerning those good subjects to have been, of which this is a relaxation? I know well that there is a cant language current, about the difference between an exclusion from employments, even to the most rigorous extent, and an exclusion from the natural benefits arising from a man's own industry. I allow, that, under some circumstances, the difference is very material in point of justice, and that there are considerations which may render it advisable for a wise government to keep the leading parts of every branch of civil and military administration in hands of the best trust; but a total exclusion from the commonwealth is a very different thing. When a government subsists (as governments formerly did) on an estate of its own, with but few and inconsiderable revenues drawn from the subject, then the few officers which existed in such establishments were naturally at the disposal of that government, which paid the salaries out of its own coffers: there an exclusive preference could hardly merit the name of proscription. Almost the whole produce of a man's industry at that time remained in his own purse to maintain his family. But times alter, and the whole estate of government is from private contribution. When a very great portion of the labor of individuals goes to the state, and is by the state again refunded to individuals, through the medium of offices, and in this circuitous progress from the private to the public, and from the public again to the private fund, the families from whom the revenue is taken are indemnified, and an equitable balance between the government and the subject is established. But if a great body of the people who contribute to this state lottery are excluded from all the prizes, the stopping the circulation with regard to them may be a most cruel hardship, amounting in effect to being double and treble taxed; and it will be felt as such to the very quick, by all the families, high and low, of those hundreds of thousands who are denied their chance in the returned fruits of their own industry. This is the thing meant by those who look upon the public revenue only as a spoil, and will naturally wish to have as few as possible concerned in the division of the booty. If a state should be so unhappy as to think it cannot subsist without such a barbarous proscription, the persons so proscribed ought to be indemnified by the remission of a large part of their taxes, by an immunity from the offices of public burden, and by an exemption from being pressed into any military or naval service.

Common sense and common justice dictate this at least, as some sort of compensation to a people for their slavery. How many families are incapable of existing, if the little offices of the revenue and little military commissions are denied them! To deny them at home, and to make the happiness of acquiring some of them somewhere else felony or high treason, is a piece of cruelty, in which, till very lately, I did not suppose this age capable of persisting. Formerly a similarity of religion made a sort of country for a man in some quarter or other. A refugee for religion was a protected character. Now the reception is cold indeed; and therefore, as the asylum abroad is destroyed, the hardship at home is doubled. This hardship is the more intolerable because the professions are shut up. The Church is so of course. Much is to be said on that subject, in regard to them, and to the Protestant Dissenters. But that is a chapter by itself. I am sure I wish well to that Church, and think its ministers among the very best citizens of your country. However, such as it is, a great walk in life is forbidden ground to seventeen hundred thousand of the inhabitants of Ireland. Why are they excluded from the law? Do not they expend money in their suits? Why may not they indemnify themselves, by profiting, in the persons of some, for the losses incurred by others? Why may not they have persons of confidence, whom they may, if they please, employ in the agency of their affairs? The exclusion from the law, from grand juries, from sheriffships and under-sheriffships, as well as from freedom in any corporation, may subject them to dreadful hardships, as it may exclude them wholly from all that is beneficial and expose them to all that is mischievous in a trial by jury. This was manifestly within my own observation, for I was three times in Ireland from the year 1760 to the year 1767, where I had sufficient means of information concerning the inhuman proceedings (among which were many cruel murders, besides an infinity of outrages and oppressions unknown before in a civilized age) which prevailed during that period, in consequence of a pretended conspiracy among Roman Catholics against the king's government. I could dilate upon the mischiefs that may happen, from those which have happened, upon this head of disqualification, if it were at all necessary.

The head of exclusion from votes for members of Parliament is closely connected with the former. When you cast your eye on the statute-book, you will see that no Catholic, even in the ferocious acts of Queen Anne, was disabled from voting on account of his religion. The only conditions required for that privilege were the oaths of allegiance and abjuration,—both oaths relative to a civil concern. Parliament has since added another oath of the same kind; and yet a House of Commons, adding to the securities of government in proportion as its danger is confessedly lessened, and professing both confidence and indulgence, in effect takes away the privilege left by an act full of jealousy and professing persecution.

The taking away of a vote is the taking away the shield which the subject has, not only against the oppression of power, but that worst of all oppressions, the persecution of private society and private manners. No candidate for Parliamentary influence is obliged to the least attention towards them, either in cities or counties. On the contrary, if they should become obnoxious to any bigoted or malignant people amongst whom they live, it will become the interest of those who court popular favor to use the numberless means which always reside in magistracy and influence to oppress them. The proceedings in a certain county in Munster, during the unfortunate period I have mentioned, read a strong lecture on the cruelty of depriving men of that shield on account of their speculative opinions. The Protestants of Ireland feel well and naturally on the hardship of being bound by laws in the enacting of which they do not directly or indirectly vote. The bounds of these matters are nice, and hard to be settled in theory, and perhaps they have been pushed too far. But how they can avoid the necessary application of the principles they use in their disputes with others to their disputes with their fellow-citizens, I know not.