FIRST, AS TO THE RIGHTS OF PERSONS. My intention is to show that the

right of society to make laws to coerce the will of others, is

founded on the necessity of repelling the wanton encroachment of

that will on their rights; that is, strictly on the right of

self-defence or resistance to aggression. Society comes forward and

says, 'Let us alone, and we will let you alone, otherwise we must

see which is strongest'; its object is not to patronise or advise

individuals for their good, and against their will, but to protect

itself: meddling with others forcibly on any other plea or for any

other purpose is impertinence. But equal rights destroy one another;

nor can there be a right to impossible or impracticable things. Let

A, B, C, D, etc., be different component parts of any society, each

claiming to be the centre and master of a certain sphere of activity

and self-determination: as long as each keeps within his own line of

demarcation there is no harm done, nor any penalty incurred--it is

only the superfluous and overbearing will of particular persons that

must be restrained or lopped off by the axe of the law. Let A be the

culprit: B, C, D, etc., or the rest of the community, are plaintiffs

against A, and wish to prevent his taking any unfair or unwarranted

advantage over them. They set up no pretence to dictate or domineer

over him, but merely to hinder his dictating to and domineering over

them; and in this, having both might and right on their side, they

have no difficulty in putting it in execution. Every man's

independence and discretionary power over what peculiarly and

exclusively concerns himself, is his _castle_ (whether round,

square, or, according to Mr. Owen's new map of improvements, in the

form of a parallelogram). As long as he keeps within this, he is

safe--society has no hold of him: it is when he quits it to attack

his neighbours that they resort to reprisals, and make short work of

the interloper. It is, however, time to endeavour to point out in

what this natural division of right, and separate advantage

consists. In the first place, A, B, C, D have the common and natural

rights of persons, in so far that none of these has a right to offer

violence to, or cause bodily pain or injury to any of the others.

Sophists laugh at natural rights: they might as well deny that we

have natural persons; for while the last distinction holds true and

good by the constitution of things, certain consequences must and

will follow from it--'while this machine is to us Hamlet,' etc. For

instance, I should like to know whether Mr. Burke, with his _Sublime

and Beautiful_ fancies, would deny that each person has a particular

body and senses belonging to him, so that he feels a peculiar and

natural interest in whatever affects these more than another can,

and whether such a peculiar and paramount interest does not imply a

direct and unavoidable right in maintaining this circle of

individuality inviolate. To argue otherwise is to assert that

indifference, or that which does not feel either the good or the

ill, is as capable a judge and zealous a discriminator of right and

wrong as that which does. The right, then, is coeval and co-extended

with the interest, not a product of convention, but inseparable from

the order of the universe; the doctrine itself is natural and solid;

it is the contrary fallacy that is made of air and words. Mr. Burke,

in such a question, was like a man out at sea in a haze, and could

never tell the difference between land and clouds. If another break

my arm by violence, this will not certainly give him additional

health or strength; if he stun me by a blow or inflict torture on my

limbs, it is I who feel the pain, and not he; and it is hard if I,

who am the sufferer, am not allowed to be the judge. That another

should pretend to deprive me of it, or pretend to judge for me, and

set up his will against mine, in what concerns this portion of my

existence--where I have all at stake and he nothing--is not merely

injustice, but impudence. The circle of personal security and right,

then, is not an imaginary and arbitrary line fixed by law and the

will of the prince, or the scaly finger of Mr. Hobbes's _Leviathan_,

but is real and inherent in the nature of things, and itself the

foundation of law and justice. 'Hands off is fair play'--according

to the old adage. One, therefore, has not a right to lay violent

hands on another, or to infringe on the sphere of his personal

identity; one must not run foul of another, or he is liable to be

repelled and punished for the offence. If you meet an Englishman

suddenly in the street, he will run up against you sooner than get

out of your way, which last he thinks a compromise of his dignity

and a relinquishment of his purpose, though he expects you to get

out of his. A Frenchman in the same circumstances will come up close

to you, and try to walk over you, as if there was no one in his way;

but if you take no notice of him, he will step on one side, and make

you a low bow. The one is a fellow of stubborn will, the other a

_petit-maitre_. An Englishman at a play mounts upon a bench, and

refuses to get down at the request of another, who threatens to call

him to account the next day. 'Yes,' is the answer of the first, 'if

your master will let you!' His abuse of liberty, he thinks, is

justified by the other's want of it. All an Englishman's ideas are

modifications of his will; which shows, in one way, that right is

founded on will, since the English are at once the freest and most

wilful of all people. If you meet another on the ridge of a

precipice, are you to throw each other down? Certainly not. You are

to pass as well as you can. 'Give and take,' is the rule of natural

right, where the right is not all on one side and cannot be claimed

entire. Equal weights and scales produce a balance, as much as

where the scales are empty: so it does not follow (as our votaries

of absolute power would insinuate) that one man's right is nothing

because another's is something. But suppose there is not time to

pass, and one or other must perish, in the case just mentioned, then

each must do the best for himself that he can, and the instinct of

self-preservation prevails over everything else. In the streets of

London, the passengers take the right hand of one another and the

wall alternately; he who should not conform to this rule would be

guilty of a breach of the peace. But if a house were falling, or a

mad ox driven furiously by, the rule would be, of course, suspended,

because the case would be out of the ordinary. Yet I think I can

conceive, and have even known, persons capable of carrying the point

of gallantry in political right to such a pitch as to refuse to take

a precedence which did not belong to them in the most perilous

circumstances, just as a soldier may waive a right to quit his post,

and takes his turn in battle. The actual collision or case of

personal assault and battery, is, then, clearly prohibited, inasmuch

as each person's body is clearly defined: but how if A use other

means of annoyance against B, such as a sword or poison, or resort

to what causes other painful sensations besides tangible ones, for

instance, certain disagreeable sounds and smells? Or, if these are

included as a violation of personal rights, then how draw the line

between them and the employing certain offensive words and gestures

or uttering opinions which I disapprove? This is a puzzler for the

dogmatic school; but they solve the whole difficulty by an

assumption of _utility_, which is as much as to tell a person that

the way to any place to which he asks a direction is 'to follow his

nose.' We want to know by given marks and rules what is best and

useful; and they assure us very wisely, that this is infallibly and

clearly determined by what is best and useful. Let us try something

else. It seems no less necessary to erect certain little

_fortalices_, with palisades and outworks about them, for RIGHT to

establish and maintain itself in, than as landmarks to guide us

across the wide waste of UTILITY. If a person runs a sword through

me, or administers poison, or procures it to be administered, the

effect, the pain, disease or death is the same, and I have the same

right to prevent it, on the principle that I am the sufferer; that

the injury is offered to me, and he is no gainer by it, except for

mere malice or caprice, and I therefore remain master and judge of

my own remedy, as in the former case; the principle and definition

of right being to secure to each individual the determination and

protection of that portion of sensation in which he has the

greatest, if not a sole interest, and, as it were, identity with it.

Again, as to what are called _nuisances_, to wit offensive smells,

sounds, etc., it is more difficult to determine, on the ground that

_one man's meat is another man's poison_. I remember a case occurred

in the neighbourhood where I was, and at the time I was trying my

best at this question, which puzzled me a good deal. A rector of a

little town in Shropshire, who was at variance with all his

parishioners, had conceived a particular spite to a lawyer who lived

next door to him, and as a means of annoying him, used to get

together all sorts of rubbish, weeds, and unsavoury materials, and

set them on fire, so that the smoke should blow over into his

neighbour's garden; whenever the wind set in that direction, he

said, as a signal to his gardener, 'It's a fine Wicksteed wind

to-day'; and the operation commenced. Was this an action of assault

and battery, or not? I think it was, for this reason, that the

offence was unequivocal, and that the only motive for the proceeding

was the giving this offence. The assailant would not like to be

served so himself. Mr. Bentham would say, the malice of the motive

was a set-off to the injury. I shall leave that _prima philosophia_

consideration out of the question. A man who knocks out another's

brains with a bludgeon may say it pleases him to do so; but will it

please him to have the compliment returned? If he still persists, in

spite of this punishment, there is no preventing him; but if not,

then it is a proof that he thinks the pleasure less than the pain to

himself, and consequently to another in the scales of justice. The

_lex talionis_ is an excellent test. Suppose a third person (the

physician of the place) had said, 'It is a fine Egerton wind

to-day,' our rector would have been non-plussed; for he would have

found that, as he suffered all the hardship, he had the right to

complain of and to resist an action of another, the consequences of

which affected principally himself. Now mark: if he had himself had

any advantage to derive from the action, which he could not obtain

in any other way, then he would feel that his neighbour also had the

same plea and right to follow his own course (still this might be a

doubtful point); but in the other case it would be sheer malice and

wanton interference; that is, not the exercise of a right, but the

invasion of another's comfort and independence. Has a person, then,

a right to play on the horn or on a flute, on the same staircase? I

say, yes; because it is for his own improvement and pleasure, and

not to annoy another; and because, accordingly, every one in his own

case would wish to reserve this or a similar privilege to himself. I

do not think a person has a right to beat a drum under one's window,

because this is altogether disagreeable, and if there is an

extraordinary motive for it, then it is fit that the person should

be put to some little inconvenience in removing his sphere of

liberty of action to a reasonable distance. A tallow-chandler's shop

or a steam-engine is a nuisance in a town, and ought to be removed

into the suburbs; but they are to be tolerated where they are least

inconvenient, because they are necessary somewhere, and there is no

remedying the inconvenience. The right to protest against and to

prohibit them rests with the suffering party; but because this point

of the greatest interest is less clear in some cases than in others,

it does not follow that there is no right or principle of justice

in the case. 3. As to matters of contempt and the expression of

opinion, I think these do not fall under the head of force, and are

not, on that ground, subjects of coercion and law. For example, if a

person inflicts a sensation upon me by material means, whether

tangible or otherwise, I cannot help that sensation; I am so far the

slave of that other, and have no means of resisting him but by

force, which I would define to be material agency. But if another

proposes an opinion to me, I am not bound to be of this opinion; my

judgment and will is left free, and therefore I have no right to

resort to force to recover a liberty which I have not lost. If I do

this to prevent that other from pressing that opinion, it is I who

invade his liberty, without warrant, because without necessity. It

may be urged that material agency, or force, is used in the adoption

of sounds or letters of the alphabet, which I cannot help seeing or

hearing. But the injury is not here, but in the moral and artificial

inference, which I am at liberty to admit or reject, according to

the evidence. There is no force but argument in the case, and it is

reason, not the will of another, that gives the law. Further, the

opinion expressed, generally concerns not one individual, but the

general interest; and of that my approbation or disapprobation is

not a commensurate or the sole judge. I am judge of my own

interests, because it is my affair, and no one's else; but by the

same rule, I am not judge, nor have I a _veto_ on that which appeals

to all the world, merely because I have a prejudice or fancy against

it. But suppose another expresses by signs or words a contempt for

me? _Answer._ I do not know that he is bound to have a respect for

me. Opinion is free; for if I wish him to have that respect, then he

must be left free to judge for himself, and consequently to arrive

at and to express the contrary opinion, or otherwise the verdict and

testimony I aim at could not be obtained; just as players must

consent to be hissed if they expect to be applauded. Opinion cannot

be forced, for it is not grounded on force, but on evidence and

reason, and therefore these last are the proper instruments to

control that opinion, and to make it favourable to what we wish, or

hostile to what we disapprove. In what relates to action, the will

of another is force, or the determining power: in what relates to

opinion, the mere will or _ipse dixit_ of another is of no avail but

as it gains over other opinions to its side, and therefore neither

needs nor admits of force as a counteracting means to be used

against it. But in the case of calumny or indecency: 1. I would say

that it is the suppression of truth that gives falsehood its worst

edge. What transpires (however maliciously or secretly) in spite of

the law, is taken for gospel, and as it is impossible to prevent

calumny, so it is impossible to counteract it on the present system,

or while every attempt to answer it is attributed to the people's

not daring to speak the truth. If any single fact or accident peeps

out, the whole character, having this legal screen before it, is

supposed to be of a piece; and the world, defrauded of the means of

coming to their own conclusion, naturally infer the worst. Hence the

saying, that reputation once gone never returns. If, however, we

grant the general licence or liberty of the press, in a scheme where

publicity is the great object, it seems a manifest _contre-sens_

that the author should be the only thing screened or kept a secret:

either, therefore, an anonymous libeller would be heard with

contempt, or if he signed his name thus --, or thus -- --, it would

be equivalent to being branded publicly as a calumniator, or marked

with the T. F. (_travail force_) or the broad R. (rogue) on his

back. These are thought sufficient punishments, and yet they rest on

opinion without stripes or labour. As to indecency, in proportion as

it is flagrant is the shock and resentment against it; and as vanity

is the source of indecency, so the universal discountenance and

shame is its most effectual antidote. If it is public, it produces

immediate reprisals from public opinion which no brow can stand;

and if secret, it had better be left so. No one can then say it is

obtruded on him; and if he will go in search of it, it seems odd he

should call upon the law to frustrate the object of his pursuit.

Further, at the worst, society has its remedy in its own hands

whenever its moral sense is outraged, that is, it may send to

Coventry, or excommunicate like the church of old; for though it may

have no right to prosecute, it is not bound to protect or patronise,

unless by voluntary consent of all parties concerned. Secondly, as

to rights of action, or personal liberty. These have no limit but

the rights of persons or property aforesaid, or to be hereafter

named. They are the channels in which the others run without injury

and without impediment, as a river within its banks. Every one has a

right to use his natural powers in the way most agreeable to

himself, and which he deems most conducive to his own advantage,

provided he does not interfere with the corresponding rights and

liberties of others. He has no right to coerce them by a decision of

his individual will, and as long as he abstains from this he has no

right to be coerced by an expression of the aggregate will, that is,

by law. The law is the emanation of the aggregate will, and this

will receives its warrant to act only from the forcible pressure

from without, and its indispensable resistance to it. Let us see how

this will operate to the pruning and curtailment of law. The rage of

legislation is the first vice of society; it ends by limiting it to

as few things as possible. 1. There can, according to the principle

here imperfectly sketched, be no laws for the enforcement of morals;

because morals have to do with the will and affections, and the law

only puts a restraint on these. Every one is politically constituted

the judge of what is best for himself; it is only when he encroaches

on others that he can be called to account. He has no right to say

to others, You shall do as I do: how then should they have a right

to say to him, You shall do as we do? Mere numbers do not convey

the right, for the law addresses not one, but the whole community.

For example, there cannot rightly be a law to set a man in the

stocks for getting drunk. It injures his health, you say. That is

his concern, and not mine. But it is detrimental to his affairs: if

so, he suffers most by it. But it is ruinous to his wife and family:

he is their natural and legal guardian. But they are thrown upon the

parish: the parish need not take the burden upon itself, unless it

chooses or has agreed to do so. If a man is not kind to or fond of

his wife I see no law to make him. If he beats her, or threatens her

life, she as clearly has a right to call in the aid of a constable

or justice of peace. I do not see, in like manner, how there can be

law against gambling (against cheating there may), nor against

usury. A man gives twenty, forty, a hundred per cent. with his eyes

open, but would he do it if strong necessity did not impel him?

Certainly no man would give double if he could get the same

advantage for half. There are circumstances in which a rope to save

me from drowning, or a draught of water, would be worth all I have.

In like manner, lotteries are fair things; for the loss is

inconsiderable, and the advantage may be incalculable. I do not

believe the poor put into them, but the reduced rich, the

_shabby-genteel_. Players were formerly prohibited as a nuisance,

and fortune-tellers still are liable to the Vagrant Act, which the

parson of the parish duly enforces, in his zeal to prevent cheating

and imposture, while he himself has his two livings, and carries off

a tenth of the produce of the soil. Rape is an offence clearly

punishable by law; but I would not say that simple incontinence is

so. I will give one more example, which, though quaint, may explain

the distinction I aim at. A man may commit suicide if he pleases,

without being responsible to any one. He may quit the world as he

would quit the country where he was born. But if any person were to

fling himself from the gallery into the pit of a playhouse, so as to

endanger the lives of others, if he did not succeed in killing

himself, he would render himself liable to punishment for the

attempt, if it were to be supposed that a person so desperately

situated would care about consequences. Duelling is lawful on the

same principle, where every precaution is taken to show that the act

is voluntary and fair on both sides. I might give other instances,

but these will suffice. 2. There should be a perfect toleration in

matters of religion. In what relates to the salvation of a man's

soul, he is infinitely more concerned than I can be; and to pretend

to dictate to him in this particular is an infinite piece of

impertinence and presumption. But if a man has no religion at all?

That does not hinder me from having any. If he stood at the church

door and would not let me enter, I should have a right to push him

aside; but if he lets me pass by without interruption, I have no

right to turn back and drag him in after me. He might as well force

me to have no religion as I force him to have one, or burn me at a

stake for believing what he does not. Opinion, 'like the wild goose,

flies unclaimed of any man': heaven is like 'the marble air,

accessible to all'; and therefore there is no occasion to trip up

one another's heels on the road, or to erect a turnpike gate to

collect large sums from the passengers. How have I a right to make

another pay for the saving of my soul, or to assist me in damning

his? There should be no secular interference in sacred things; no

laws to suppress or establish any church or sect in religion, no

religious persecutions, tests, or disqualifications; the different

sects should be left to inveigh and hate each other as much as they

please; but without the love of exclusive domination and spiritual

power there would be little temptation to bigotry and intolerance.

3. AS TO THE RIGHTS OF PROPERTY. It is of no use a man's being left to

enjoy security, or to exercise his freedom of action, unless he has a

right to appropriate certain other things necessary to his comfort and

subsistence to his own use. In a state of nature, or rather of

solitary independence, he has a right to all he can lay his hands on:

what then limits this right? Its being inconsistent with the same

right in others. This strikes a mathematical or logical balance

between two extreme and equal pretensions. As there is not a natural

and indissoluble connection between the individual and his property,

or those outward objects of which he may have need (they being

detached, unlimited, and transferable), as there is between the

individual and his person, either as an organ of sensation or action,

it is necessary, in order to prevent endless debate and quarrels, to

fix upon some other criterion or common ground of preference. Animals,

or savages, have no idea of any other right than that of the

strongest, and seize on all they can get by force, without any regard

to justice or an equal claim. 1. One mode of settling the point is to

divide the spoil. That is allowing an equal advantage to both. Thus

boys, when they unexpectedly find anything, are accustomed to cry

'_Halves!_' But this is liable to other difficulties, and applies only

to the case of joint finding. 2. Priority of possession is a fair way

of deciding the right of property; first, on the mere principle of a

lottery, or the old saying, '_First come, first served_'; secondly,

because the expectation having been excited, and the will more set

upon it, this constitutes a powerful reason for not violently forcing

it to let go its hold. The greater strength of volition is, we have

seen, one foundation of right; for supposing a person to be absolutely

indifferent to anything, he could properly set up no claim to it. 3.

Labour, or the having produced a thing or fitted it for use by

previous exertion, gives this right, chiefly, indeed, for moral and

final causes; because if one enjoyed what another had produced, there

would be nothing but idleness and rapacity; but also in the sense we

are inquiring into, because on a merely selfish ground the labour

undergone, or the time lost, is entitled to an equivalent _caeteris

manentibus_. 4. If another, voluntarily, or for a consideration,

resigns to me his right in anything, it to all intents and purposes

becomes mine. This accounts not only for gifts, the transfer of

property by bargains, etc., but for legacies, and the transmission of

property in families or otherwise. It is hard to make a law to

circumscribe this right of disposing of what we have as we please; yet

the boasted law of primogeniture, which is professedly the bulwark and

guardian of property, is in direct violation of this principle. 5, and

lastly. Where a thing is common, and there is enough for all, and no

one contributes to it, as air or water, there can be no property in

it. The proximity to a herring-fishery, or the having been the first

to establish a particular traffic in such commodities, may perhaps

give this right by aggravating our will, as having a nearer or longer

power over them; but the rule is the other way. It is on the same

principle that poaching is a kind of honest thieving, for that which

costs no trouble and is confined to no limits seems to belong to no

one exclusively (why else do poachers or country people seize on this

kind of property with the least reluctance, but that it is the least

like stealing?); and as the game laws and the tenaciousness of the

rights to that which has least the character of property, as most a

point of honour, produced a revolution in one country, so they are not

unlikely to produce it in another. The object and principle of the

laws of property, then, is this: 1. To supply individuals and the

community with what they need. 2. To secure an equal share to each

individual, other circumstances being the same. 3. To keep the peace

and promote industry and plenty, by proportioning each man's share to

his own exertions, or to the good-will and discretion of others. The

intention, then, being that no individual should rob another, or be

starved but by his refusing to work (the earth and its produce being

the natural estate of the community, subject to these regulations of

individual right and public welfare), the question is, whether any

individual can have a right to rob or starve the whole community: or

if the necessary discretion left in the application of the principle

has led to a state of things subversive of the principle itself, and

destructive to the welfare and existence of the state, whether the end

being defeated, the law does not fall to the ground, or require either

a powerful corrective or a total reconstruction. The end is superior

to the means, and the use of a thing does not justify its abuse. If a

clock is quite out of order and always goes wrong, it is no argument

to say it was set right at first and on true mechanical principles,

and therefore it must go on as it has done, according to all the rules

of art; on the contrary, it is taken to pieces, repaired, and the

whole restored to the original state, or, if this is impossible, a new

one is made. So society, when out of order, which it is whenever the

interests of the many are regularly and outrageously sacrificed to

those of the few, must be repaired, and either a reform or a

revolution cleanse its corruptions and renew its elasticity. People

talk of the poor laws as a grievance. Either they or a national

bankruptcy, or a revolution, are necessary. The labouring population

have not doubled in the last forty years; there are still no more than

are necessary to do the work in husbandry, etc., that is indispensably

required; but the wages of a labouring man are no higher than they

were forty years ago, and the price of food and necessaries is at

least double what it was then, owing to taxes, grants, monopolies, and

immense fortunes gathered during the war by the richer or more

prosperous classes, who have not ceased to propagate in the

geometrical ratio, though the poor have not done it, and the

maintaining of whose younger and increasing branches in becoming

splendour and affluence presses with double weight on the poor and

labouring classes. The greater part of a community ought not to be

paupers or starving; and when a government by obstinacy and madness

has reduced them to that state, it must either take wise and effectual

measures to relieve them from it, or pay the forfeit of its own

wickedness and folly.

It seems, then, that a system of just and useful laws may be

constructed nearly, if not wholly, on the principle of the right of

self-defence, or the security for person, liberty, and property. There

are exceptions, such, for instance, as in the case of children,

idiots, and insane persons. These common-sense dictates for a general

principle can only hold good where the general conditions are complied

with. There are also mixed cases, partaking of civil and moral

justice. Is a man bound to support his children? Not in strict

political right; but he may be compelled to forego all the benefits of

civil society, if he does not fulfil an engagement which, according to

the feelings and principles of that society, he has undertaken. So in

respect to marriage. It is a voluntary contract, and the violation of

it is punishable on the same plea of sympathy and custom. Government

is not necessarily founded on common consent, but on the right which

society has to defend itself against all aggression. But am I bound to

pay or support the government for defending the society against any

violence or injustice? No: but then they may withdraw the protection

of the law from me if I refuse, and it is on this ground that the

contributions of each individual to the maintenance of the state are

demanded. Laws are, or ought to be, founded on the supposed infraction

of individual rights. If these rights, and the best means of

maintaining them, are always clear, and there could be no injustice or

abuse of power on the part of the government, every government might

be its own lawgiver: but as neither of these is the case, it is

necessary to recur to the general voice for settling the boundaries of

right and wrong, and even more for preventing the government, under

pretence of the general peace and safety, from subjecting the whole

liberties, rights, and resources of the community to its own advantage

and sole will.

1828.

ESSAY XII

ON THE CHARACTER OF BURKE

There is no single speech of Mr. Burke which can convey a satisfactory

idea of his powers of mind: to do him justice, it would be necessary

to quote all his works; the only specimen of Burke is, _all that he

wrote_. With respect to most other speakers, a specimen is generally

enough, or more than enough. When you are acquainted with their

manner, and see what proficiency they have made in the mechanical

exercise of their profession, with what facility they can borrow a

simile, or round a period, how dexterously they can argue, and object,

and rejoin, you are satisfied; there is no other difference in their

speeches than what arises from the difference of the subjects. But

this was not the case with Burke. He brought his subjects along with

him; he drew his materials from himself. The only limits which

circumscribed his variety were the stores of his own mind. His stock

of ideas did not consist of a few meagre facts, meagrely stated, of

half-a-dozen commonplaces tortured into a thousand different ways; but

his mine of wealth was a profound understanding, inexhaustible as the

human heart, and various as the sources of human nature. He therefore

enriched every subject to which he applied himself, and new subjects

were only the occasions of calling forth fresh powers of mind which

had not been before exerted. It would therefore be in vain to look for

the proof of his powers in any one of his speeches or writings: they

all contain some additional proof of power. In speaking of Burke,

then, I shall speak of the whole compass and circuit of his mind--not

of that small part or section of him which I have been able to give:

to do otherwise would be like the story of the man who put the brick

in his pocket, thinking to show it as the model of a house. I have

been able to manage pretty well with respect to all my other speakers,

and curtailed them down without remorse. It was easy to reduce them

within certain limits, to fix their spirit, and condense their

variety; by having a certain quantity given, you might infer all the

rest; it was only the same thing over again. But who can bind Proteus,

or confine the roving flight of genius?

Burke's writings are better than his speeches, and indeed his speeches

are writings. But he seemed to feel himself more at ease, to have a

fuller possession of his faculties in addressing the public, than in

addressing the House of Commons. Burke was _raised_ into public life;

and he seems to have been prouder of this new dignity than became so

great a man. For this reason, most of his speeches have a sort of

parliamentary preamble to them: he seems fond of coquetting with the

House of Commons, and is perpetually calling the Speaker out to dance

a minuet with him before he begins. There is also something like an

attempt to stimulate the superficial dulness of his hearers by

exciting their surprise, by running into extravagance: and he

sometimes demeans himself by condescending to what may be considered

as bordering too much upon buffoonery, for the amusement of the

company. Those lines of Milton were admirably applied to him by some

one--'The elephant to make them sport wreathed his proboscis lithe.'

The truth is, that he was out of his place in the House of Commons; he

was eminently qualified to shine as a man of genius, as the instructor

of mankind, as the brightest luminary of his age; but he had nothing

in common with that motley crew of knights, citizens, and burgesses.

He could not be said to be 'native and endued unto that element.' He

was above it; and never appeared like himself, but when, forgetful of

the idle clamours of party, and of the little views of little men, he

applied to his country and the enlightened judgment of mankind.

I am not going to make an idle panegyric on Burke (he has no need of

it); but I cannot help looking upon him as the chief boast and

ornament of the English House of Commons. What has been said of him

is, I think, strictly true, that 'he was the most eloquent man of his

time: his wisdom was greater than his eloquence.' The only public man

that in my opinion can be put in any competition with him, is Lord

Chatham; and he moved in a sphere so very remote, that it is almost

impossible to compare them. But though it would perhaps be difficult

to determine which of them excelled most in his particular way, there

is nothing in the world more easy than to point out in what their

peculiar excellences consisted. They were in every respect the reverse

of each other. Chatham's eloquence was popular: his wisdom was

altogether plain and practical. Burke's eloquence was that of the

poet; of the man of high and unbounded fancy: his wisdom was profound

and contemplative. Chatham's eloquence was calculated to make men

_act_: Burke's was calculated to make them _think_. Chatham could have

roused the fury of a multitude, and wielded their physical energy as

he pleased: Burke's eloquence carried conviction into the mind of the

retired and lonely student, opened the recesses of the human breast,

and lighted up the face of nature around him. Chatham supplied his

hearers with motives to immediate action: Burke furnished them with

_reasons_ for action which might have little effect upon them at the

time, but for which they would be the wiser and better all their lives

after. In research, in originality, in variety of knowledge, in

richness of invention, in depth and comprehension of mind, Burke had

as much the advantage of Lord Chatham as he was excelled by him in

plain common sense, in strong feeling, in steadiness of purpose, in

vehemence, in warmth, in enthusiasm, and energy of mind. Burke was

the man of genius, of fine sense, and subtle reasoning; Chatham was a

man of clear understanding, of strong sense, and violent passions.

Burke's mind was satisfied with speculation: Chatham's was essentially

_active_; it could not rest without an object. The power which

governed Burke's mind was his Imagination; that which gave its

_impetus_ to Chatham was Will. The one was almost the creature of pure

intellect, the other of physical temperament.

There are two very different ends which a man of genius may propose to

himself, either in writing or speaking, and which will accordingly

give birth to very different styles. He can have but one of these two

objects; either to enrich or strengthen the mind; either to furnish us

with new ideas, to lead the mind into new trains of thought, to which

it was before unused, and which it was incapable of striking out for

itself; or else to collect and embody what we already knew, to rivet

our old impressions more deeply; to make what was before plain still

plainer, and to give to that which was familiar all the effect of

novelty. In the one case we receive an accession to the stock of our

ideas; in the other, an additional degree of life and energy is

infused into them: our thoughts continue to flow in the same channels,

but their pulse is quickened and invigorated. I do not know how to

distinguish these different styles better than by calling them

severally the inventive and refined, or the impressive and vigorous

styles. It is only the subject-matter of eloquence, however, which is

allowed to be remote or obscure. The things themselves may be subtle

and recondite, but they must be dragged out of their obscurity and

brought struggling to the light; they must be rendered plain and

palpable (as far as it is in the wit of man to do so), or they are no

longer eloquence. That which by its natural impenetrability, and in

spite of every effort, remains dark and difficult, which is impervious

to every ray, on which the imagination can shed no lustre, which can

be clothed with no beauty, is not a subject for the orator or poet. At

the same time it cannot be expected that abstract truths or profound

observations should ever be placed in the same strong and dazzling

points of view as natural objects and mere matters of fact. It is

enough if they receive a reflex and borrowed lustre, like that which

cheers the first dawn of morning, where the effect of surprise and

novelty gilds every object, and the joy of beholding another world

gradually emerging out of the gloom of night, 'a new creation rescued

from his reign,' fills the mind with a sober rapture. Philosophical

eloquence is in writing what _chiaro-scuro_ is in painting; he would

be a fool who should object that the colours in the shaded part of a

picture were not so bright as those on the opposite side; the eye of

the connoisseur receives an equal delight from both, balancing the

want of brilliancy and effect with the greater delicacy of the tints,

and difficulty of the execution. In judging of Burke, therefore, we

are to consider, first, the style of eloquence which he adopted, and,

secondly, the effects which he produced with it. If he did not produce

the same effects on vulgar minds as some others have done, it was not

for want of power, but from the turn and direction of his mind.[10] It

was because his subjects, his ideas, his arguments, were less vulgar.

The question is not whether he brought certain truths equally home to

us, but how much nearer he brought them than they were before. In my

opinion, he united the two extremes of refinement and strength in a

higher degree than any other writer whatever.

The subtlety of his mind was undoubtedly that which rendered Burke a

less popular writer and speaker than he otherwise would have been. It

weakened the impression of his observations upon others, but I cannot

admit that it weakened the observations themselves; that it took

anything from their real weight or solidity. Coarse minds think all

that is subtle, futile: that because it is not gross and obvious and

palpable to the senses, it is therefore light and frivolous, and of no

importance in the real affairs of life; thus making their own confined

understandings the measure of truth, and supposing that whatever they

do not distinctly perceive, is nothing. Seneca, who was not one of the

vulgar, also says, that subtle truths are those which have the least

substance in them, and consequently approach nearest to nonentity. But

for my own part I cannot help thinking that the most important truths

must be the most refined and subtle; for that very reason, that they

must comprehend a great number of particulars, and instead of

referring to any distinct or positive fact, must point out the

combined effects of an extensive chain of causes, operating gradually,

remotely, and collectively, and therefore imperceptibly. General

principles are not the less true or important because from their

nature they elude immediate observation; they are like the air, which

is not the less necessary because we neither see nor feel it, or like

that secret influence which binds the world together, and holds the

planets in their orbits. The very same persons who are the most

forward to laugh at all systematic reasoning as idle and impertinent,

you will the next moment hear exclaiming bitterly against the baleful

effects of new-fangled systems of philosophy, or gravely descanting on

the immense importance of instilling sound principles of morality into

the mind. It would not be a bold conjecture, but an obvious truism, to

say, that all the great changes which have been brought about in the

mortal world, either for the better or worse, have been introduced,

not by the bare statement of facts, which are things already known,

and which must always operate nearly in the same manner, but by the

development of certain opinions and abstract principles of reasoning

on life and manners, or the origin of society and man's nature in

general, which being obscure and uncertain, vary from time to time,

and produce corresponding changes in the human mind. They are the

wholesome dew and rain, or the mildew and pestilence that silently

destroy. To this principle of generalisation all wise lawgivers, and

the systems of philosophers, owe their influence.

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