CHAPTER LV.

ON RESISTANCE TO DE FACTO GOVERNMENTS.

The questions hitherto discussed relating to the obedience due to power

are very grave; but those of resistance to it are still more important.

Is it allowable, under any circumstances, in any supposition, to

resist the civil power _by physical force_? Does there nowhere exist a

deposing power? How far do Catholic doctrines extend on this subject?

Such are the extreme points we purpose to discuss. According to one

system, obedience is due to a government from the very fact of its

existence, even on the supposition that its existence is illegitimate.

Now, it is important to demonstrate, at the very outset, the

unsoundness of this doctrine, which is contrary to right reason, and

has never been taught by Catholicity. In preaching obedience "to the

powers that be," the Church speaks of powers that have a legitimate

existence. The absurdity, that a simple fact can create right, can

never become a dogma of Catholicity. Were it true that resistance would

be unlawful, it would be equally true that an illegitimate government

has a right to command; for the obligation to obey is correlative

with the right to command; and an illegitimate government would,

consequently, become legitimatised by the simple fact of its existence.

This would legitimatise all usurpations; the most heroic resistance

on the part of the people would be condemned; the world would be

abandoned to the mere rule of force. No; that degrading doctrine is not

true which derives legitimacy from usurpation; which says to a people

conquered and subjugated by any usurper whatever, "Obey your tyrant;

his rights are founded on force, and your obligation to him on your

weakness." No; there cannot be truth in a doctrine that would efface

from our history one of its brightest pages, that would entail disgrace

upon a nation taking up arms to expel an usurper, struggling for its

independence during a period of six years, and finally overthrowing

the conqueror of Europe. If Napoleon had succeeded in establishing his

power amongst us, the Spanish nation would still have maintained the

right on account of which it revolted in 1808; victory could not have

rendered usurpation legitimate. The victims of the second of May did

not legalise the command of Murat; and had even every corner of the

peninsula been made a theatre of horrors similar to those witnessed

on the Prado, the blood of martyred patriots, covering the usurper

and his satellites with everlasting infamy, would only have confirmed

the sacred right of revolting in defence of the throne, of national

independence. We must repeat it: the simple fact does not create a

right, either in private or public affairs; and so soon as such a

principle is acknowledged, every idea of reason and justice disappears

from the world. Those who may have wished to flatter governments with

so fatal a doctrine, were not aware that this was the very way to ruin

them, and to sow the seeds of usurpation and insurrection. What will

be safe here below if we admit the principle, that success insures

justice, and that the conqueror is always the rightful ruler? Is not

this throwing open a wide gate to ambition, and to every crime? Is it

not exciting men to forget every idea of right, reason, and justice,

to acknowledge no other rule than brute force? Governments protected

by so strange a doctrine would assuredly owe little gratitude to their

protectors: this, in fact, is no defence; it is an insult; it is more

of a cruel sarcasm than an apology. To what, indeed, does it amount,

and how would this doctrine sound? Why, as follows: "People, obey him

who commands you; you say his authority is usurped; we do not deny

it; but, by the very fact of his having attained his end, the usurper

has acquired a right. He is, indeed, a robber who has attacked you on

the highway; he has stolen your money; but, by the mere fact of your

not being able to resist him, and being forced to deliver to him your

purse, now that he is possessed of it, you ought to respect this money

as an inviolable property: such is your duty. It is a robbery; but this

robbery being a _consummated act_, you cannot now obtain redress for

it."

In this point of view the doctrine of _consummated facts_ appears

so much opposed to generally received ideas, that no reasonable man

can seriously accept it. I do not deny that there are cases in which

obedience, even to an illegitimate government, is to be recommended;

when, for instance, we foresee that resistance would be useless, that

it would only lead to new disorders, and to a greater effusion of

blood: but in recommending prudence to the people, let us not disguise

it under false doctrines--let us beware of calming the exasperation

of misfortune by circulating errors subversive of all governments,

of all society. It is worthy of remark, that all powers, even the

most illegitimate, have a truer instinct than that manifested by the

maintenance of such maxims. All powers in the first moment of their

existence, before commencing their operations, before proceeding to one

single act, proclaim their legitimacy. They seek it in right divine and

human, they establish it upon birth or election, they derive it from

historical titles, or the sudden development of extraordinary events;

but all tends to the same point, the pretension to legitimacy. They

never speak of the mere fact of their existence; from the instinct that

prompts their own preservation they learn better than to rely upon

such grounds, since to do so would be to annihilate their authority,

to destroy their prestige, to encourage revolt; in a word, to commit

self-destruction. We have here the most explicit condemnation of the

doctrine we are combating, for the most shameless usurpers have more

respect for good sense and the public conscience.

It sometimes happens that doctrines the most erroneous assume a

veil of gentleness and Christian meekness. We must overthrow the

arguments that might be employed against us, by the advocates of

blind submission to any power that happens to be established. "The

Scriptures," they will say, "prescribe to us obedience to the

authorities, without any distinction; the Christian, therefore, ought

not to make any distinction, but submit with resignation to such as he

finds established." In reply to this objection, I see the following

very decisive answers. 1. Illegitimate authority is no authority at

all; the idea of power involves the idea of right, without which

it is mere physical power, that is, _force_. When, therefore, the

Scriptures prescribe obedience to the authorities, it is the lawful

authorities that are implied. 2. The sacred text, in enjoining us

obedience to the civil power, tells us that it is ordained by God

Himself, that it is the minister of God Himself; and it is evident that

usurpation is never invested with so high a character. The usurper

is perhaps the instrument of Providence, _the scourge of Heaven_, as

Attila designated himself, but not the minister of God. 3. The sacred

Scriptures prescribe obedience to the subject in relation to the civil

power, in the same way as they prescribe it to the slave in relation

to his master. But what sort of masters are here implied? Evidently

such as exercised a legitimate dominion, as it was understood at the

time, conformable to the prevailing laws and customs; otherwise the

Scriptures would require obedience from such slaves as were reduced

to slavery by an abuse of power. Hence, as the obedience to masters

prescribed by the Scriptures does not deprive the slave unjustly

retained in servitude of his right, so also the obedience due to the

established authorities should be restricted to the lawful authorities,

and to cases in which prudence would dictate it in order to avoid

commotion and scandal.

In confirmation of the doctrine of mere _de facto_ government, the

conduct of the first Christians has been sometimes alleged. "They

submitted," it is said, "to the constituted authorities without

even inquiring whether they were legitimate or not. At this epoch

usurpations were frequent, the imperial throne was established by

force, its occupants one after another owed their elevation to military

insurrection, and to the assassination of their predecessors. We

find, nevertheless, that Christians never meddled with the question

of legitimacy; they respected the established power, and this power

failing, they submitted without murmuring to the new tyrant who had

usurped the throne." This argument, it cannot be denied, is very

plausible, and presents at first sight a serious difficulty; a few

reflections, however, suffice to show its extreme futility. In order

that an insurrection against an unlawful power may be legitimate and

prudent, those who undertake to overturn it should be sure of its

illegitimacy, should have in view the substitution of a lawful power,

and should count besides on the probability of the success of their

enterprise. If these conditions are not fulfilled, the insurrection

has no object; it is a mere fruitless attempt, an impotent revenge,

which, instead of being useful to society, only causes bloodshed, only

irritates the power attacked, and can have in consequence no other

effect than to increase oppression and tyranny.

None of the conditions here mentioned were in existence at the time we

are speaking of; all that upright men could do was quietly to resign

themselves to the calamitous circumstances of the times, and by fervent

prayer to implore the Almighty to take compassion on mankind.

When every thing was decided by force of arms, who could say whether

such or such an emperor was lawfully established? Upon what rules

was the imperial succession established? Where was legitimacy to be

substituted for illegitimacy? Amongst the Romans--those vile, degraded

beings, kissing the chains of the first tyrant who offered them _food_

and _games_? In the worthless posterity of those illustrious patricians

who formerly gave laws to the universe? Was it vested in the sons or

in the family of some assassinated emperor, when the laws had not

established hereditary succession, when the sceptre of the empire was

at the disposal of the legions, when it frequently happened that the

emperor, the victim of usurpation, had been himself merely a usurper,

who had mounted to the throne over the corpse of his rival? Did it

exist in the ancient rights of those conquered nations now reduced to

simple dependencies of the empire, divested of all national spirit,

having even lost the recollection of their former condition, without a

thought capable of conducting them in the work of their emancipation,

and destitute of resources against the colossal force of their masters?

What object could any one have, under such circumstances, in making

attempts against the established government? When the legions decided

the fate of the world, alternately elevating and assassinating their

masters, what could or what ought the Christian to do? The disciple

of a God of peace and love, he could not take part in criminal scenes

of bloodshed and tumult; authority was tottering and uncertain; it

was not for him to decide whether it was legitimate or not; it only

remained for him to submit to the power generally acknowledged, and

at the arrival of one of those changes, at that time of so frequent

occurrence, to yield the same obedience to the newly-established

government.

The interference of Christians in political disputes would only have

served to bring into disrepute the holy religion they professed; it

would have given to philosophers and idolaters a pretext for increasing

the catalogue of black calumnies which they everywhere brought against

the faith. Public report accused Catholicity of being subversive of

governments; Christians would have furnished a pretext for extending

and accrediting this unfounded report, the hatred of governments would

have been redoubled, and the rigors of persecution so cruelly exercised

against the disciples of the cross would have been increased. Has this

state of things ever existed but once, either in ancient or modern

times? And could the conduct of the first Christians in this respect be

made a rule for the Spaniards, for instance, at the time they resisted

the usurpation of Bonaparte? Or could it be imitated by any other

people in similar circumstances? Or will it be received as an argument

in favor of every kind of usurpation? No; man, in becoming a Christian,

does not cease to be a citizen, to be a man, to have his rights, and he

acts in a praiseworthy manner whenever, within the bounds of reason and

justice, he attempts to maintain these rights with fearless intrepidity.

Don Felix Amat, Archbishop of Palmyra, in his posthumous work entitled

_Idea of the Church Militant_, makes use of these words: "Jesus Christ,

by his plain and expressive answer, _Render to Cæsar the things that

are Cæsar's_, has sufficiently established, that the mere fact of a

government's existence is sufficient for enforcing the obedience of

subjects to it." What I have already advanced is enough, in my opinion,

to show the fallacy of such an assertion; and, as I intend to revert to

this subject, and investigate more attentively this author's opinion,

and the reasons upon which he supports it, I shall not now attempt to

enter upon its refutation. I will, nevertheless, make one observation,

which occurred to me on reading the passages in which the Archbishop

of Palmyra developes it. His work was forbidden at Rome; and whatever

may have been the motives for such a prohibition, we may rest assured

that, in the case of a book advocating such doctrines, every man who

is jealous of his rights might acquiesce in the decree of the Sacred

Congregation.

As the opportunity is favorable, we may make a few remarks upon

_consummated facts_, which are so closely connected with the doctrine

under discussion. _Consummated_ implies something perfect in its kind;

hence an act is consummated when it has attained its completion.

This word, applied to crimes, is opposed to mere attempt. We say

an attempt at robbery, murder, or arson, when the undertaking to

commit these crimes has been manifested by some act; for instance,

the lock of a door has been broken, an attack has been made with a

murderous weapon, combustible matter has been ignited--but the crime

is not said to be consummated till the robbery, murder, or arson has

actually been committed. Hence, in a political and social sense, we

designate _consummated facts_ an usurpation, completely overthrowing

the legitimate power, and by means of which the usurper is already

substituted in its place; a measure executed in all its points; such as

the suppression of the regular clergy in Spain, and the confiscation of

their property to the treasury; a revolution which has been triumphant,

and which has entirely disposed of a country, as was the case with our

American possessions.

From this explanation, we see clearly that a fact does not, by being

_consummated_, change its nature; it still remains a simple fact--just

or unjust, legal or illegal--as it was before. The most horrible

outrages may also be termed _consummated facts_; yet, for all that,

they do not cease to deserve disgrace and punishment.

What, then, is the meaning of certain phrases continually uttered by

some men? "We must respect consummated facts; we must always accept

consummated facts; it is folly to resist consummated facts; it is a

wise policy that yields to consummated facts." Far be it from me to

assert that all those who establish these maxims, profess the fatal

doctrines to which they give rise. We often admit principles, the

consequences of which we reject; and point out a certain line of

conduct as right, without attending to the abominable maxims in which

it originates. In human affairs, good and evil, error and truth are

so narrowly separated, and prudence so closely borders on culpable

timidity, that in theory, as well as in practice, it is not always

easy to remain within the bounds prescribed by reason and the eternal

principles of sound morality. If respect for consummated facts is

mentioned, perverse men immediately include in it the sanctioning

of crime, the spoils of plunder secured to the robber, no hope of

restitution left to the victims, and a gag put upon their mouths, to

stifle their complaints. Others, I am aware, have no such design in

making use of these words, but are the dupes of a confusion of ideas,

arising from their not having distinguished between moral principles

and public expediency. On this point, therefore, we must distinguish

and define, which I will do in a few words.

The simple consummation of a fact does not render it legitimate; and,

consequently, it is not on this account alone worthy of respect. The

robber who has stolen does not acquire a right to the thing stolen;

the incendiary who reduces a house to ashes is no less deserving of

punishment, of being forced to make reparation, than if he had been

arrested in the attempt. This is so evident and clear, that it cannot

be called in question. To assert the contrary, is to become the enemy

of all morality, of all justice, of all right; and to proclaim the

exclusive rule of force and cunning. Consummated facts, appertaining

to social and political order, do not change their nature; the

usurper, who seizes upon the crown of his lawful predecessor; the

conqueror, who, by mere force of arms, has subdued a nation, does not

thereby acquire a right to its possession; the government, which by

gross iniquities has despoiled entire classes of citizens, exacted

undue contributions, abolished legitimate rights, cannot justify its

acts by the simple fact of its having sufficient strength to execute

these iniquities. That is equally evident; and if there is here any

difference at all, the crime is only the greater, from the greater

gravity and extent of the wrongs committed, and of the scandal given

to the public. Such are the principles of sound morality--individual

morality, social morality; morality of the whole human race; immutable,

eternal morality.

Let us now examine the question of public expediency. In some

instances, a consummated fact, in spite of all its injustice, all

its immorality and atrocity, acquires such an ascendency, that by

not accepting it, or by being determined to destroy it, we should

let loose a train of troubles and commotions, and perhaps without

effect. Every government is bound to respect justice, and to act in

such a manner that its subjects may also respect it; but it should not

command what will not be obeyed, when it is deprived of the means of

enforcing obedience. In such a case, we should not commit an injustice

by not attacking the illegal interests, or by not endeavoring to

obtain redress for the victims; the government, in such a case, may be

compared to a man who, beholding robbers loaded with the fruit of their

theft, is without the means of forcing them to make restitution. If you

suppose an impossibility, what does it avail to say that the government

is not a single individual, but a defender of all legitimate interests?

No one is bound to impossibilities.

Observe, also, that this remark applies not only to a physical

impossibility, but also to a moral one. Whenever, therefore, the

government possesses the material means of obtaining reparation, a

moral impossibility will be constituted, when the employing of those

means would cause serious difficulties to the state, endanger the

public peace, or sow the seeds of future insurrection. Order and public

interest require the preference, for these are the primary objects of

all government; consequently, that which cannot be accomplished without

endangering them, ought to be considered as impossible. The application

of these doctrines will always be a question of prudence, that cannot

be subjected to any general rule. Depending as it _does_ upon a

thousand circumstances, it cannot be decided upon abstract principles;

but by the consideration of existing facts, duly appreciated and

considered by political tact. Such is the case of the respect due to

consummated facts; the injustice of these facts is apparent; but we

must not overlook their force. Not to attack them is not, necessarily,

to sanction them. The legislator is bound to diminish the evil as far

as possible; but not to risk an aggravation of it by attempting an

impracticable reparation. As it is particularly injurious to society

for great interests to remain insecure, and uncertain for the future,

just means must be adopted, which, without occasioning complicity in

the evil, may prevent the dangers of a doubtful situation, resulting

from injustice itself. A just policy does not sanction injustice; but

a wise policy never despises the importance of established facts. If

such facts exist, and appear indestructible, it tolerates them; but

without affording them the sanction of its participation or approval.

Acting with dignity, it makes the best of difficulties; and in some

sort allies the principles of eternal justice with the views of public

expediency. We have a very striking case in point, which will place

this matter in the clearest possible light. After the great evils,

and the enormous acts of injustice perpetrated during the French

Revolution, what possibility was there of making a complete reparation?

In 1814, could every thing be restored to the position in which it

stood in 1789? The throne overturned, all social distinctions levelled,

and property broken up; who could reconstruct the ancient social

edifice? No one.

Such is the respect to be entertained for consummated facts, which

might be more properly termed _indestructible_ ones. To illustrate

my idea still further, I will give it a very simple exemplification.

A proprietor, driven from his possessions by a powerful neighbor,

has not the means of repossessing himself of them. He has neither

wealth nor influence; and his spoliator abounds in both. If he have

recourse to force, he will be vanquished; if to the tribunal, he will

lose his cause; what, therefore, is he to do? To negotiate for an

accommodation, to obtain what he can, and be resigned to his fate.

This is all that can be said; and it is remarkable, that such are the

principles adopted by governments. History and experience teach us,

that consummated facts are respected when they are indestructible;

that is, when they possess in themselves sufficient force to make them

respected; in any other case, they are not so. And nothing is more

natural. Whatever is not founded upon right, can only be maintained by

force.[32]

Protestantism and Catholicity compared in their effects on the civilization of Europe · 第 55 / 77 章