LECTURE XIII.

OF THE SPIRIT OF TRUTH AND LIFE IN ITS APPLICATION TO POLITICS, OR OF

THE CHRISTIAN CONSTITUTION OF THE STATE AND THE CHRISTIAN IDEA OF

JURISPRUDENCE.

The Asiatic custom of deifying their earthly rulers by addressing them

as King of Kings, Lord or Spanner [_Umspanner_] of Creation, the

Effulgence of the Deity, and the like, have ever been and very naturally

most repugnant to the moral sense of Christian Europe. The Christian

notion and axiom, that all power is of God, is founded on a very

definite idea and well-considered principle. And this principle is

nothing less than this, that the supreme head of the state has to

dispense the divine justice. And while this constitutes the peculiar

dignity of his office, he is, in the exercise of this his highest

function and authority, responsible to God alone. If, however, we should

any where meet, either in the present times or the history of the past,

with a state in which, by the principle of its constitutions, the

nominal possessor of supreme authority and the executive is responsible

to another body, then is the latter in fact the sovereign power, and not

the former, which really is subordinate to the other. The Spartan

constitution will serve to illustrate my meaning. Here, to judge by that

strict definition of the sovereign authority and its peculiar character

and distinctive criteria, it evidently lay in the Ephori rather than in

the possessors of supreme executive power, who were called kings, and

whose office was hereditary. The very fact that two kings reigned

conjointly is of itself subversive of the very notion of sovereign

power. But still more fatally was this undermined by their

responsibility in certain cases to the censorship of the other Spartan

magistracy. To the other ancient republics, whose constitution was based

naturally enough on a very artificial division of powers, and the

maintenance of a certain antagonism and accurate balance between them,

our notion of a supreme and sovereign political authority is scarcely

applicable. It is found far more fully expressed in a special character

of inviolable sanctity and dignity attaching to certain judicial

functions and magistracies, such as that of the Areopagus in Athens and

of the censorship at Rome in the days of the Republic, than to the

transitory tenure of the executive power, over which those judicial

authorities possessed and exercised in certain cases a control.

The proper and _de facto_, or personal division of power, is essentially

a republican principle. In notion, however, or in idea, it is perfectly

legitimate to make a distinction between the several functions and

elements of the whole sovereign authority. Now, in such a case, the

judicial power--the supreme judicial power we would emphatically say--is

pre-eminently the characteristic sign and specific distinction of

sovereignty, from which all its other prerogatives and properties are

originally derived or flow from it as its necessary and natural

consequences. The noble prerogative of pardon and mercy, for instance,

is, as it were, the natural attribute of the supreme judicial power.

With respect to legislation, however, and the legislative authority, an

important co-ordinate power may, according to the existing constitution

of a particular state, be vested in the other correlative members of the

body politic. The preliminary deliberation, the first sketch or the

initiation of a law, may not, perhaps, proceed in every case from the

supreme head of the community. In other states, again, the law must

emanate from the free choice and individual will of the monarch, or at

least the introduction of it, since he can not of himself alone make and

carry out the whole. This is a point, consequently, on which it is

extremely difficult to draw the boundary line, which must in no case be

transgressed or deviated from--in so far, that is, and so long as there

is no question about any thing more than a simple co-operation or

co-ordinate deliberation upon the proposed laws. But still in every case

the final sanction, by which a law becomes properly the law, or by which

it is annulled or repealed, must be reserved to the royal prerogative,

otherwise the monarch ceases at once to be supreme.

Even the prerogative of proclaiming war and of concluding peace is, if

perhaps we may be allowed so to say, a judicial function on a large

scale, and applied to the external relations of states. It is, in short,

nothing less than a judicial act. And in this light it will appear to

every one who does not regard it as a mere act of arbitrary caprice.

This, however, it never ought to be. For it is, as it were, a verdict

on the existing relations of right and wrong between two neighboring

states. But in as much as both parties, in point of right and law, are

in so far equal, that they refuse to recognize in common any higher

judge, an absolute state of violence necessarily ensues, a struggle of

power follows, until at last, in the change of circumstances, the

relations of justice are restored by mutual consent. The party that

first proclaims war becomes, in this process of trial by battle, the

judge of its own cause. And if by the fearful issue of the combat it is

taught to see its own injustice, then must it either make due

concessions, or, at very best, by calling in the mediation of a third

and neutral state, it must constitute it the judge by whose decision it

is ready and willing to abide.

The usual insignia of the kingly dignity, the scepter and the throne,

are only the signs of judicial power, as it were, promoted one degree

higher, and can be historically traced up to the judge’s bench and

staff. The crown alone remains as the peculiar and exclusive symbol of

the highest earthly dignity. And rightly is it called a splendid burden.

For while it exalts him who is called to wear it above all earthly

dependence and responsibility, and exempts him from all the ordinary

relations of human life, the heavy weight of this splendid ornament

reminds the wearer of the grave reckoning and the strict account he will

have to render to God, as the Supreme Judge of all--who is the source

and sum of all justice and righteousness. For this serious and solemn

responsibility is received from God, together and at the very same time

with the crown.

Quite different in signification was the symbolical ensign of the old

emperors in the middle ages--a sword pointing to the four winds or

cardinal points of heaven. It alluded to the peculiar idea and the

peculiar constitution of that dignity. For in this respect it was not

simply a distinction of power, of rank, or of title, between the

imperial and the kingly dignities. It involved a total and essential

difference between the ideas and objects of these sacred and anointed

potentates--between the elective emperor and the hereditary king, duke,

or prince, although it was from these alone that the former could be

duly and regularly elected. For the emperor was looked upon as armed

with the sword of all Christendom to be the defender of the whole system

of European states. Accordingly, as the representative of the union of

several states, he bore this ensign of his imperial office.

To this ancient idea of a Christian empire we shall again have occasion

to revert in the further examination of the idea of a political state

and its Christian community. We shall meet with it once more in that

section of our inquiry which will be occupied with the ruling principle

of right and polity in a system of states as a body, and also in the

mutual relations of its several members. In this section we shall also

show that this principle must be either absolute, that is, one where one

or more of the several members of the union exercises a superior and

preponderating influence, or one artificially constituted and dynamical,

_i.e._, a system of the so-called balance of power. And here will

naturally arise the question whether, for such a confederacy of moral

and civilized societies and nations, a less imperfect and higher, but

common principle of Christian justice might not be found and

established? For any system of mutual confederation, whether absolute or

founded on the artificial relations of the strength of its respective

members, is in any case defective and imperfect, whatever may be the

ground of union, whether founded on the internal constitution of the

states, or derived from the physical consideration of their geographical

position and neighborhood.

According, then, to that divine principle and Christian foundation of

the state which I have attempted to derive from the symbolical

signification of life and the symbolical destiny of man in his relation

to God, the highest authority of the state--the king, or generally the

monarch, as well as the spiritual functionary, or the priest--are the

vicegerents of a highest and divine power, whom they represent on earth.

The only difference between them is, that the latter has chiefly to

represent and to set forth God as teaching men, but at the same time as

warning and commanding them in this revelation of His will, and as

promising and as livingly dispensing to them His grace, while the former

is the representative of the Omnipotent Lawgiver and Judge, who governs

the world with justice, and will by no means clear the guilty.

According, therefore, to the true Christian notion of these two powers,

both of them--the civil no less than the spiritual--possess a

representative character, which, however, deviates very widely from the

ordinary notion of the representation and a representative constitution,

or, rather, forms a decided contrast to them.

And what contrast can, in fact, be more decided than that which such a

representative power and dignity as belongs to the ministering of the

divine grace to the soul and spirit, or the dispensing of divine justice

to the whole earthly life, forms with that thing of horrible memory,[53]

which has been called a representation of the people, or the systems

which have been similarly designated? But even if it could be

satisfactorily proved that a people, like the invisible essence of the

Deity, could be represented, it is open to very grave doubt whether this

is really possible in the method usually adopted. According to the

principle of this kind of popular representation, where the whole adult

population are entitled individually to vote, the election becomes, as

it were, a lottery, and even the political winners thus determined, or

the ballotted members, become so many influential units in one branch of

the legislative body and for a limited period. In respect, however, to

the principles and sentiments, the predominant character and spirit of a

people, those who are thus chosen are the representatives not so much of

the whole nation as of the reigning passion of the moment, or the spirit

of the times in its restless agitation. For when thus resolved into its

constituent atoms and numbered off in succession, a nation is reduced to

an elementary mass. But like all that is thus elementary, when thus

decomposed, and fermenting in its process of dissolution, it assumes a

destructive tendency and turn. At least it ceases to form an organic

whole, an individual. It is only when a state or a nation historically

lives on, further develops and vitally maintains itself in its organic

members, _i.e._, in its several estates or essential corporations, that

it can be said to form a living whole, and to be, as it were, one great

individual.

It is only in this sense that there can be true representatives of a

people, who, if the expression is allowable, are its true historical

men. It is in them that the spirit and character, the general leaning

tendency, the peculiar style of feeling, sentiment, and thought of a

nation, in any definite period or periods, finds its most decided and

loudest expression. Rarely, however, is this attained in a system of

elective deputies or representatives, which is liable to many passing

and accidental influences, and, indeed, in and by itself has no

connection with it. Scipio and Cato would be representatives of the

Roman character and spirit, even if they had never been invested with

public authority and had lived their whole lives in exile. And in the

same manner purely intellectual natures may often stand for such

historical characters and representatives. Horace and Tacitus most

assuredly occupy the same relation to their respective ages as the two

former did to theirs, and this, in truth, quite independently of any

subordinate rank or political dignity and influence which either the one

or the other possessed in peace or war. Cicero, indeed, would have been

all this in an equal degree, and, perhaps, still more so, if, keeping

entirely aloof from the civil contentions of his day, for which he was

little suited, he had devoted himself to the acquisition of a purely

intellectual and literary influence.

However, it is not every famous author or every brilliant political

speaker that can in this sense be justly regarded as historical

characters. Besides that energy of talent which creates an epoch, and

which is, indeed, the primary and essential condition, certain other

properties of character are required, certain sentiments and principles

vividly carried out and realized in life and action. But this is a

combination which is rarely found. A peculiar sphere of practical

influence does not form an immediate, nor, indeed, a necessary

qualification of such a character. Still it is evident that a writer who

truly merits such an appellation must be something more than a mere man

of letters or an artist. The effects he produces on the minds of men

must be both truly national and historical. Such alone are truly and

properly the historical representatives of a people--the men of their

nation.

As for those other elective representatives already mentioned, it is

only when they belong to a particular estate and corporation, and

represent it, that they can promote the permanent interests of this

organically constituted whole. For it is out of such organic members

that the national existence gains its true, _i.e._, its historical

development. But this is impossible whenever they are chosen by the

individual votes of the entire population. Such a splitting of the whole

political body, as it were, into its constituent atoms, is either in

itself an elementary decomposition or must eventually lead to it. Even a

republican constitution, if it be well and wisely ordered, will be based

principally on corporations or organic division of estates, rather than

on any principle of numerical majority and equality, which, taken as a

general element, invariably proves, as history testifies, sooner or

later, a positive source of anarchy.

Not only would it be an exaggeration, but even a gross error, were we to

regard the republican polity as excluded from the Christian principle,

that all sovereignty is of God, or as irreconcilable with it and even as

directly contradicting its spirit. On the contrary, the duty of

obedience and the actual dependence on the existing and _de facto_ head

of the state, is not less binding on all who, through the accident of

birth or their own free choice and voluntary obligation, belong to such

a community, than on the subjects of an hereditary monarchy. The utmost

that can be safely asserted is, that the Christian state principally

inclines to the latter form of polity, without, however, formally

rejecting, or unconditionally excluding the former. Historical

experience has shown this, and the whole of modern history will furnish

abundant testimony to its truth. When the responsibility of the supreme

political authority is in an endless circle shifted from point to point

of a mere human sphere, then the sacred character of the divine

foundation of the state exhibits itself with least distinctness. It is

more immediately manifest in an hereditary monarchy, where, by a single

point, as the first link which holds together the whole community, this

responsibility is attached immediately to God and the divine justice,

before whose tribunal it has alone to answer. And this more immediate

manifestation forms the ground of that preponderating tendency and

preference of the monarchical constitution by the Christian principle.

But in another respect, also, is it easier to give a religious meaning

to political life in an hereditary monarchy, and to discharge its duties

and to maintain it in a religious spirit, than in a republic. Since all

that is human is subject to change, fluctuation, and imperfection, it

would be something wonderful if the case were different with political

matters, and if the state were to form a singular exception from the

general rule. Such an expectation would, indeed, be strange, and

contrary to the nature of things, as well as to reason and common sense.

For, to take an instance from that people whom God so specially and

immediately led and directed; after a wise Solomon has long and

peacefully occupied the throne, with prosperity at home and splendor and

renown abroad, the reins of government may fall into the weak hands of

a minor, when, even without any personal culpability, all hostile

elements come to an outbreak, and lead to the most fearful political

consequences. And even Solomon, with a wisdom which, in many respects,

was more than human, was not secure from all mistakes and errors. For

inasmuch as, after receiving this illumination from above, this wisdom

lent to him from God, he still remained a free agent, he might, as he

actually did, pervert it to an evil use. Like every thing else that is

good, it was liable to abuse by man. Generally it does not lie in the

nature of things that in long succession and change of times one reign

should be equally mild and paternal as another--equally prosperous and

splendid--and equally wise and successful.

This, indeed, is a matter which does not depend invariably and

exclusively on the personal qualities of the sovereign. It is governed

much more by the peculiar circumstances of the age, and the general

relations of the political world. We should err greatly if we were to

suppose, or feel inclined to assert, that this change, from happy and

prosperous to adverse or less fortunate times, is less frequent in

republican states, or that the latter are entirely exempted from such

fluctuations. History furnishes numerous instances to refute so absurd

an idea. On the contrary, such changes are far more generally the rule

in republican states, and their ruin advances with a more rapid and

certain progress. For the growth of a republic in external power and

influence, and the consequent multiplication of its relations with

foreign powers, is invariably accompanied with great internal agitation,

leading to sudden and violent changes. The greatest and most important

difference, however, lies in this, that in an hereditary monarchy the

change from a distinguished to an unfortunate and less prosperous reign

is distinct, and has an assignable cause, which, by a natural and just

sentiment, is received as a divine visitation, and wherever any sense of

religion still survives and prevails in men’s views of life, will be

patiently endured as such. Accordingly, besides its mere legal sense,

the maxim that all authority is of God now assumes the further

significance of a divine dispensation. And it is clearly manifest that

this Christian maxim and principle was intended to convey this second

meaning, and that it embraces such a religious view and estimate of

political matters and events.

Now, it is true that the providence of God extends to all events and

circumstances of the world. Every permission, therefore, of evil,

whether in a greater or less degree, every misfortune and calamity that

happens to us, must, from this point of view, be regarded either as a

well-merited punishment or as a severe trial, as a wholesome pang and

conflict or as a painful transition to a higher degree of perfection.

This, at least, will be our feeling, in proportion as we entertain and

faithfully follow a religious view and estimate of our own life and

fortunes, as well as of all mundane events, in a firm and unshaken faith

in the Divine Omnipotence and Wisdom. Even for the preservation and

health of his physical life, man stands in need of pain and privation,

but still more so for his moral improvement.

Now, notwithstanding that this principle of a divine providence is

equally applicable in every case, still, even the religious estimate,

not to say a simply human mode of judging of political events and

relations, is in republics subject to the following important and

essential modification. In such a constitution, all hangs, or is made

dependent, on the choice or the caprice of men, or, if such terms be

preferred, their merit and intelligence. Consequently, the entire blame

of every error or miscarriage in government, whether real or imaginary,

and however great or little, is forthwith ascribed to its human

administrators. But an injury at the hands of man invariably provokes

bitterness, revenge, and opposition. On the contrary, a misfortune which

overtakes us from God, and which, as being unable to impute the blame of

it to any human individual, we feel and recognize to be a divine

visitation, awakens in us wholesome and salutary reflection. Thus it is

founded on the very nature of things, and on a right and sound state of

human feeling, that a change from a year of plenty to one of want and

barrenness should be borne with patience and resignation. But if, on the

other hand, a general scarcity and dearth, or any similar affliction and

disproportion between the supply and demand of the necessaries of life,

should occur among a trading or manufacturing population, of which the

source should really or apparently lie in some erroneous measure or

selfish policy of those on whom the administration of the state

devolved, all minds would immediately be in a state of excitement and

uproar. And, in fact, the words of the pious king in Holy Writ: “Let us

fall now into the hands of the Lord, for His mercies are great: and let

me not fall into the hand of man,”[54] are quite in unison with the

general feelings of human nature.

Accordingly, throughout the sacred history of the old world, and in all

times where religious sentiment is not quite dead, such calamities, and

even an unfortunate, not to say a wicked reign, are looked upon as the

deserved visitation of God’s wrath, and as a time of heavy trial. And

the chastisement of Heaven will be borne, by all right-thinking persons,

not out of fear of man, but as is fitting, in reverent submission to the

divine will, with manly patience and resignation. On the other hand,

innumerable instances of a contrary course might be produced from

republican times and histories. How often, in such states, has a false

step in government, trifling, indeed, in itself, but still in fact and

in truth, a blunder in one party, been the occasion of an opposition and

resistance of another, and of a general feeling of discontent and a

violent reaction, which have proved a hundred times more fatal and

pernicious than the first occasion of popular murmurs. How often has a

merely human oversight, trivial enough in itself, and running counter to

public opinion in some little trifle, led to the most fearful

catastrophes, amid which the first exciting cause is lost sight of and

entirely forgotten, and finally all is involved in one general ruin.

In this respect, and in this degree, it may safely be affirmed that the

Christian principle of the state is more favorable to an hereditary

monarchy than to a republican constitution. But at this point the

proposition must be left purposely indeterminate. For a rigorous

exclusion of all republican states, as if, properly, they could never be

right and legitimate, would most assuredly not be accordant with the

Christian principle of a state and the fundamental religious conception

of all political relations and events. On the contrary, it would,

undoubtedly, go directly counter to all proper feelings and ideas on the

subject. For the Christian principle of justice respects all that has an

historical existence, and leaves even the imperfect in the undisturbed

possession of its rights. In this respect it is entirely opposed to the

revolutionary spirit. For the latter, in its inmost essence, is

anti-historical; its first step being the refusal to recognize the value

and the claims of all that comes down from, and has been established by,

the past. And, moreover, the Christian idea of justice, with all its

strict rigor, involves a principle of equity. For, in truth, every

Christian sentiment embraces the whole of life, and its several

relations, with a loving mildness, and pays a due regard to all really

existent though subordinate circumstances. And it is this exactly that

constitutes the very notion of equity. Lastly, the doctrine of

Christianity, and the idea of human life which it gives rise to, is

highly favorable to true liberty. But, then, it is liberty, in a large

and exalted sense of the term, in which, first and before all, a

spiritual and moral freedom is meant as necessary to be firmly

established within men before the external liberty in social and

political life can be hoped for. For most true is the sublime

declaration, “If the Son shall make you free, ye shall be free

indeed.”[55] To every one for whom this sentiment possesses a meaning

and significance it would be superfluous to add, what, indeed, is so

palpably evident, that the Son makes no one free except in the way that

He Himself was, viz., by obedience--a perfect obedience which brings the

whole man, with all its passions and affections, as a free-will offering

to the Father.

The predominant tendency of modern Christendom to a monarchical

constitution, as most accordant with the Christian principle of the

state, is abundantly evinced in history. The fact is so generally

admitted, that it is almost a work of supererogation to adduce instances

of it. Not only within the memory of living men, but also two centuries

ago, a great Christian monarchy, fanatically possessed and inflamed with

the idea of absolute liberty and equality, lapsed for a while into a

republic. But in both cases this passing fever of fanaticism soon worked

itself out by its very violence, and the foreign and diseased matter was

thrown off by the political body. It was out of this crisis, however,

that the much-lauded constitution of England arose, with its dynamical

theory of the division and nicely-adjusted balance of power, which has

reached at present so great a height of practical excellence. Moreover,

it is almost superfluous to notice the fact how a second-rate maritime

power, which in its very origin was entirely republican, gradually

approximated to, and has at last entirely adopted, a monarchical

polity.[56] Another state, monarchical indeed, but which, from the fact

that its sovereigns were elective, deserves rather to be called a

republic, and in some respects was really so, amid the anarchy of party

and the feuds which arose out of the elections, soon lost its ancient

greatness and splendor, and even its existence as an independent nation.

In short, in the whole of Christian Europe, but a few small and

uninfluential communities have retained a republican form. As for the

republics which have sprung up out of the colonial states in the New

World, the very oldest of them are of too recent an origin to allow us

to pass upon them any judgment which could be justly and truly called

historical. On the other hand, however, the modern Christian era

furnishes one remarkable phenomenon of a republican state on a large

scale, and of a wholly peculiar kind. And we may adduce this instance as

a proof that such a constitution is by no means excluded from the spirit

of a Christian polity or its legitimate and historical principle.

I am alluding to the ancient German, or the Christian Roman Empire of

the middle ages, during a period of many centuries, and in the time of

its vigor and splendor, when it led, not to say, formed, the great

political world.[57] As an elective empire, but still monarchical in the

unity of the whole, it possessed so far a republican tendency and shape.

And this it preserved even long afterward, when, by a long succession

of emperors of the same house, the imperial crown had in fact become

almost the hereditary right of a single family; for the solemn sanction

of an election was still indispensable, and this gave rise to more than

one exception or interruption to the otherwise historically confirmed

law of succession. Moreover, this great system or confederation of

states embraced many smaller and principally republican states; at least

in its members were comprised every possible form of political

constitution. The four great dukedoms, who in the imperial diet were the

original representatives, together with the other hereditary powers

which subsequently attained to the electoral dignity, formed, as it

were, the monarchical element in the whole body, retaining, however, at

the same time, its national and popular character. Alongside of these

the spiritual princes, as entirely dependent on choice and election for

their dignities, formed an aristocracy, not only of birth, but of

science and the intellectual culture of the age--in short, an

aristocracy of merit. Lastly, the trading and manufacturing free towns,

with their imperial privileges and charters, formed, among the other

members of the Empire, a true democratical element, in the highest and

noblest sense of the term. For we must not understand thereby any mere

universal equality, leading to the usual popular anarchy, but

corporations, with well-defined rights, of the burgher classes, as they

attained to historical importance and influence. The very name of the

Hanse Towns is sufficient to remind us of the vast and important part

which the latter played, even in the declining times of the Empire.

Thus free and republican in its spirit was the old Christian monarchy of

the German Kaisers. It had no doubt to undergo many convulsions from

domestic faction, and, finally sunk beneath them. Still this political

constitution of the middle ages, in their best days, must forever remain

a remarkable and singular phenomenon. Its full and deep significance and

grandeur are little recognized, and still less perfectly understood, by

the modern science of politics. Peculiarly Christian in principle, in

its kingly administration as vigorous and successful as any other state

in the most brilliant eras of the history of the world, while in the

internal development of its republican members and constituents it was

more rich and varied, and, in truth, much freer than even the most

lauded among the mixed constitutions of modern times. For historical

experience, that great teacher of political science, distinctly proves

that in those _dynamical_ states, which are based on the principle of

the division and nicely-adjusted balance of power, the ministry and the

opposition usurp between them all the functions of authority, while the

sacred cipher of an hereditary monarch is nothing more than a mere

shadow, beneath which they can sit at ease to carry on their endless

disputes.

The Christian view, then, of the world, and of the state, as we have

already remarked, does not exclude or reject any form of political

existence. On the contrary, it recognizes whatever possesses an

historical cause and foundation, and allows it to stand in its proper

place, and in its true and original significance and rights.

Accordingly, it admits the validity as such even of the dynamical form

of polity, even though it feels it impossible to agree with partial and

enthusiastic admirers in considering it as perfect. Nay, it does not

reject even an absolute despotism, notwithstanding that it sees clearly

enough all its imperfections and great inferiority. It is only by a

complete view of history that their existence can be explained and

understood. And in this they will appear either as a necessary evil in

its mildest form, _i.e._, as the less pernicious and dangerous, under

existing circumstances, or as a remedy for some more fearful disorder,

by which alone the social frame can be restored to a more healthy

condition.

The usual transition and natural issue of popular anarchy, when it has

lasted long enough to exhaust its own fearful violence, is a perpetual

dictatorship or despotism in some shape or other, but devoid of a higher

and diviner sanction. This form of government, or (since, strictly

speaking, it is not a form) this political condition, must be carefully

distinguished from a long-established, legitimate, and hereditary

monarchy, with which its whole character has nothing in common. No doubt

when the revolutionary evil has reached its greatest height, and when a

successful and prudent usurper, like the much-lauded Augustus in ancient

Rome, without being personally answerable for the overthrow of the

previous constitution, appears pre-eminently in the character of

mediator between parties and a general pacificator, the world is ready

to accord to him its applause. Gradually his authority is more and more

widely acknowledged. Although at first he is recognized conditionally

only and relatively, nevertheless, if he remains faithful to his better

tendencies, and continues to the last to confer important benefits on

his people, he may often give a permanent and historical foundation to

his dynasty. But if, on the contrary, under his usurped power,

revolution, phenix-like, only renews itself out of its own ashes, and

the old anarchy from below revives in another form from above, as a

merely military despotism, which, in its resistless and annihilating

lust of conquest, honors nothing, but throws the whole world into

confusion, then is the second evil worse than the first, which it

promised to remedy. By such a course it loses its only moral foundation,

inasmuch as it was to the better promise it held out that it owed its

temporary and conditional recognition. Such an instance has been brought

closely enough before our eyes in the history of very recent times, to

enable us at once intuitively to understand its whole character. More

slowly, and in a more organized method, and, consequently, with more

lasting and historical results, did such transitions shape themselves in

the ancient world, and especially in the Roman constitution. The ancient

development, therefore, of this phenomenon, and its special form, is

highly instructive and pre-eminently calculated to throw a clear light

on our whole theory.

Modern history at no period presents to us such a vast system of

republican states as we meet with in the annals of antiquity, which

exhibit this under the most various forms, as the predominant

constitution of the whole civilized world, not only in its infant, but

in its maturest and most flourishing development. Not only the Grecian

communities, Carthage, Rome, and the Italian municipalities, but also

all the independent nations of central and northern Europe, possessed a

more or less perfect form of republican polity. This portion, therefore,

of ancient history furnishes to political science a phenomenon which in

the highest degree demands its attention. However greatly its freedom of

inquiry and high intellectual culture, its splendid examples of

patriotism and its noble characters and heroic deeds, may prepossess us

in its favor, on the whole we are forced to confess that experience has

decided against such a system. This great teacher shows it to us as

utterly impracticable, and ill adapted to promote the real progress of

human development, inasmuch as with whatever of brightest promise it may

begin, it invariably terminates in barbarism and disorder. In all of

these states we trace early enough the same evil tendency to political

license and anarchy, which, developing itself with ceaseless rapidity,

soon paves the way to the indeterminate condition of absolute power.

Almost all the great thinkers and political writers of antiquity,

without exception, set themselves to oppose the democratic element of

their national constitutions, and foresaw and predicted the ruin of

their country from this source, without being able in any way to prevent

it. It will be enough to mention Plato in Athens, and in a different

manner and degree, Cicero in Rome, who was himself drawn into the vortex

of political strife. The remedy and counterpoise for the evils of this

democratical spirit was sought by the political thinkers and

philosophers of those times, in a doubtlessly noble but still very

imperfect form of an aristocracy--a remedy which is as little consonant

to our feelings as it is unlikely to satisfy our scientific convictions.

A just and clear idea of an hereditary and well-regulated monarchy was

at that date almost entirely unknown, since in its essential features,

in its true and perfect character, it is entirely of a Christian origin.

In the ancient world, at most, a few and faint outlines of it are

occasionally to be discovered.

The internal and external dissensions of the republics of Greece, and

the consequent loss of their independence and subjugation by the

Macedonian monarchy, or the half-Asiatic half-Grecian powers which

sprung out of it, affords a sufficient confirmation of the law that the

republican constitution, in the times of moral degeneracy, invariably

terminates in popular anarchy and ruin. The same transition in the Roman

polity presents us with interesting considerations of a higher but

different kind. For in this instance the change was effected with clear

ideas, definite views, and well-digested principles. After a long and

unparalleled succession of bloody civil wars, and an equally fearful

series of foreign conquest and aggression, which were almost

indispensable as an outlet for the wild and ambitions passions of men,

the catastrophe which forecasting minds had long foreseen at last came

about. And instead of continuing a hopeless resistance, it was now the

first object of the wise and prudent to convert the new military power

into an instrument of peace, and by investing the modern but absolute

authority with all the old and hallowed forms of dignity, to bring it as

near as possible to the character of an hereditary monarchy. It is to

the tendency to improvement which forms the germ of these ideas that we

must look for the apology, while in the course of history at this

period there lies whatever there can be of reason and justification for

such absolute despotism as prevailed at this era in the political world.

In itself, however, it can not be too often repeated, it is altogether

formless and full of imperfection. A true family succession and

hereditary dynasty, however, was scarcely possible, so long as there

existed no limit to caprice in adoption or divorce, and when all the

relations of marriage and the family were undermined by the universal

corruption in morals, which the better emperors sought in vain to check

and restrain.

By the ascription to the imperial dignity of priestly offices and titles

belonging to the popular religion, it was indeed attempted to give it a

more sacred character and sanction. This, however, secured to the

emperor no real accession of power. Such was the state of decay and

weakness in which religion, no less than morals, was sunk. The

heathenism of those days consisted in nothing but some poetical legends,

external rites, and ceremonial pomp, which occasionally found a

philosophical interpretation, but without a proper intrinsic substance

and coherence, and an organized priesthood--all which are to be still

found in the ancient religion of the Hindoos. And it was only a natural

addition to the other numerous inconsistencies--it only rendered the

whole drama the more revolting, if, after an inhuman reign, and after

being at last put out of the way in a very human, and, at the same time,

very _un_human way, the hated tyrant was in conclusion placed among the

national gods. And if under Aurelius and the Antonines better days

appeared, still they were but brief and transitory, since they did not,

and in truth could not, possess any historical confirmation and moral

basis like that of the hereditary monarchy of Christian times and

states.

In jurisprudence, not only as a science, but in its practical

administration, the Romans have in all ages, and even modern times, been

justly famous. One reason, perhaps, of this was the fact, that all who

still retained the least sense of right and justice, withdrawing from

the dangers of political life and honors, retired to the still inviolate

domain of law, and devoted themselves to the development of the old

juristic principles. But when the whole social frame, and the very

principle of civil existence has become in its inmost essence

unrighteous, and based on injustice, a few just laws about property, and

robbery, and fraud, and murder, and the like (offenses which, generally

speaking, are, for the most part, essentially the same in all times and

places), can profit little. Equally unavailing, too, are the shrewdest

and most sagacious of juridical treatises on such topics. To extol the

Roman Empire on this ground would be tantamount to praising one of the

worst and most pernicious systems of philosophical error, or excusing it

because it does not violate, or, rather, because it necessarily

observes, the ordinary rules of logic, which, however, does not by any

means lessen or remove the error, but, on the contrary, aggravates it;

since by rendering it so much the more specious, it does but gain for it

a more ready acceptance among men.

In the later epoch of the Christian renovation of the Roman Empire in

the German, the better elements of the old Roman jurisprudence were rich

in valuable and beneficial results. Still the Christian principle of the

state accords better with the old Teutonic laws than with the civil

code, inasmuch as by the old German usages a greater regard is paid, and

a higher influence allowed, to the rights of equity. No doubt but the

Roman jurisprudence has most acutely defined and developed this

beautiful notion; but it is chiefly as an exception from strict right

that it recognizes it at all. For such was the Roman law from its

commencement; and it was regarded and established as the proper province

of equity to moderate and to soften its original sternness and severity.

But, according to Christian law, equity and strict right ought to be in

every instance intimately associated and blended together, as is,

indeed, implied in the very idea of Christian sentiment and feeling.

Herein lies, consequently, the great and essential distinction between

Roman and Christian law. And this is the principle on which a thorough

and systematic development of Christian jurisprudence must proceed, and

in such a spirit alone can it be consistently carried out. A second

distinctive mark of Christian law and of its very conception consists in

this, that beyond all others, it is founded on historical rights. No

doubt in its simple and natural character the Germanic custom invariably

tends toward an historical legislation, both for the burgher and for the

private individual, and is so far perfectly reconcilable with the

Christian principle of right and justice. But in the full and extensive

signification of the term, as it embraces the state, and all such

powers of the civilized world as are brought by geographical contact

into political relations with each other, it is only the Christian

principle of right that can be truly said to be historical; for none but

the Christian view of the world really embraces in its plans and

consideration the whole of mankind.

Had man not fallen from the very first into dissension and discontent

with himself and his fellows, with nature and with God, society would

have stood in no need of a constraining force, or of the state to

constrain it. For what else is the state but an armed neutrality for the

preservation of peace--a sword of justice against wrong, whether from

individuals or communities, a fortress and a bulwark against unjust

attacks and the violence of war? And whence but from that only perfect

system--the system of Christian truth and the first opening of

revelation--can we derive the explanation of that which is but the

propagation of the old evil and the primal curse? Does it not furnish,

in the first wrong and the first fratricide, the historical derivation

and origin of the state, accounting for it as the divinely-appointed

protection against man’s inborn tendency to injustice? And if in any

other history or tradition a tolerably clear and definite allusion to

such ideas exist, it was, without doubt, originally derived from the

same source.

It is, however, as in my last Lecture I have already endeavored to show,

in the second and new divine commencement of the human race that we are

to look for the true sanction and foundation of the state; for it is in

this renovation of mankind that their true intrinsic and higher peace

was first proclaimed and offered to him. Not, however, perfect peace,

for that is to be the fruit and reward of having “fought a good

fight.”[58] Still it is, in the mean time, a sure and everlasting basis

of future peace, and an ever-growing germ of tranquillity even in the

present. Viewed in this light, then, every human peace which is not

merely specious and pretended, but honestly intended, and in so far

Christian, however imperfect and partial, forms, nevertheless, a step in

the great scale of progression--an approximation and a preparation to

that universal and all-embracing peace of God which is higher than all

reason, and all the disputes which arise out of or about it.

If injustice and wrong should ever disappear totally from the earth--if

the peace of God were actually established thereon, then would the end

of law be attained, and all institutions for its accomplishment would

become superfluous. Law presupposes a condition of struggle, and is

intended to endure as long as it lasts. It is itself nothing less than a

struggle against wrong. The Christian view, accordingly, and theory of

law, is far higher. In a scientific point of view, too, it alone is

satisfactory on this account, that it recognizes a higher principle as

the source of right, or as right itself, and that it alone contains in

itself the historical key for the whole, and embraces at once the

beginning and the end. But now the Christian idea of right is thus

historical, not merely because it furnishes a complete explanation of

the first beginning of wrong, and gives an historical derivation of the

divine sanction of the state; but also in this sense, that in obedience

to the principle of equity, as extended to the wider relations of

political life, and to the law of toleration founded on this feeling, it

respects even the imperfect and inferior degrees of right, whenever, at

least, they are the unavoidable results of a previous course of things,

and possess an historical foundation, and are established as less evil,

and at least as comparatively good. And this explains, what is otherwise

incomprehensible, how the Christian sense of right could reconcile

itself to the absolute form, or, rather, formlessness of the later Roman

world, and being gradually associated and fused therewith, led to its

complete renovation in the exalted phenomenon of a Christian empire.

This peace-loving and tolerant recognition of imperfect political

constitutions and forms of state is only applicable, however, where the

absolute and the pernicious had its foundation in some historical

occasion, and where, by a natural course of development, the evil has

followed as the result of some previous defective condition of the

political body. It has no place where the evil is radical and of

spontaneous growth, as in the empire of Mohammed, and of his immediate

successors; for a fanatical lust of conquest was introduced in the first

germ of this dynasty, and indeed formed its foundation and its animating

and vital principle. The brilliant success and personal talents of the

first caliphs may indeed win our admiration and chain our imagination,

but still in the very worst times of the old Roman world absolute power

never presented itself in so unmitigated a form as it does in this

empire of deadly fanaticism. This is the calm judgment of history. In

the former case the evil sprung chiefly from the personal caprice of

individual tyrants; in the latter, the pervading principle was

despotism, which, on the whole, remained unchanged in the most famous

and greatest characters. For such immutability is an essential principle

of despotism whenever the spiritual and the temporal power are held by

the same hand, and are united in one common center and sovereign.

In another point of view also, that, viz., of the moral estimate, the

historical comparison between the old Roman and the Mohammedan empires

turns out to the disadvantage of the latter. In the latter times of the

Roman Empire, the family relations, and the sacred ties of married life,

were no doubt greatly disturbed and perverted by the prevailing tone of

immorality. But among the Mohammedans they were entirely overthrown by a

false religion. Even in this respect, therefore, it is evident that

there could be no place in the latter for that moral foundation of a

long-established family unity, such as a civilized state like the

Christian monarchy requires. It is nothing strange, consequently, if in

the times of the Arabian dynasty, the Mohammedan state stood in more

decided opposition, and proved less reconcilable to the Christian polity

than ever heathenism did in the days of ancient Rome. But,

notwithstanding this, we find, on the other side, the Christian

principle of peace extending itself even to the historical phenomena and

political relations of the Mohammedan world. For the most part (and in a

greater degree with the advance of time) these events have been judged

in that mild spirit of historical justice which, in its complete and

comprehensive estimate, allows a due consideration to every motive and

circumstance.

Moreover, a high principle of toleration has extended to them the

benefit of the international laws of Christian states--a policy which

only requires to be rightly understood to be pronounced in no ways

deserving of blame or reprobation; for the evil can only be radically

extirpated by the complete triumph of Christian truth over the false

foundation and leading idea of this fanatical delusion.

But, however improbable it may seem, regarded merely in an historical

light, that the Mohammedan races will ever adopt Christian sentiments,

morals, and principles, still in the great course of mundane things, or,

in other words, in the counsels of Providence, nothing, however it may

contradict human expectations, can rightly be held to be impossible.

And, indeed, recent times furnish many speaking indications of a growing

tendency to such an approximation. Many signs might be pointed out,

which, while they bear witness to a widening and deepening feeling of

its desirableness, encourage us to entertain higher and better hopes. To

promote, and indeed to co-operate in bringing about so great and divine

a consummation, so long as it can be done without violating higher

duties and principles, does not appear to go in any degree beyond the

sphere of a truly Christian and pacific policy, or to interfere with the

relations which it is right to observe in regard to non-Christian

states. On the contrary, the worst violation thereof, and one that most

surely menaces danger and mischief, is for a Christian state, in direct

opposition to its natural principle and vocation, to be seized and

actuated by a fanatical lust of conquest similar to that which animated

the Saracens. Such a subversion and confusion of all moral ideas, and of

political life, was publicly manifested, for the first time in the

Christian world, during the French Revolution. Breaking out with furious

violence, in the brief period of its duration it developed itself with

fearful rapidity. How many, or, rather, how few steps it would have

required, had its reign been longer, to convert it into a military

despotism, thoroughly heathenish, such as the Revolution indeed was from

beginning to end; into a despotism which, like that of the caliphate

already mentioned, should unite in the same person all spiritual, as

well as temporal authority, we need not here further investigate. The

dreadful possibility of such a contingency has been brought only too

closely home to our fears.

The essence of despotism, as I said before, lies in the union in one

person of the civil and spiritual powers--or in a most anomalous state,

which is, by a rare and faulty combination, at once spiritual and

temporal. And since the distinction between the two powers is involved

in the very notion of a Christian state, it is of the highest importance

that the state should carefully observe and respect the boundaries

between the two domains. It is extremely difficult to establish any

general standard for all the cases of collision between the two that

either have actually occurred or are conceivably possible. For it is

evident that this contingency must be modified in an infinite number of

ways, by existing treaties, the local circumstances and political

constitution of the different states. The chief point is the general

spirit and feeling. The question turns principally on good will and

honest intentions; but pre-eminently on a right conception of both

powers, as alike possessing in their respective spheres a higher

sanction, a divine foundation, and a sacred character. This must be

recognized in every case and time, and all circumstances belonging to

either sphere must be treated accordingly.

Many and serious cases of such collision between the church and the

state have occurred and are perpetually recurring. Many and grave errors

have been committed on both sides. But for the most part they have been

unfairly judged, or, rather, misjudged, through ignorance both of the

times, and of the actual circumstances of the case. The day is not long

gone by when in this respect it was the habitual rule to subject certain

of the early popes especially to an unqualified vituperation and

censure. And it must be told, to the praise of German impartiality, that

Protestant writers were the first, by their historical researches, to do

justice to and to form a fair estimate of these, in their day, truly

great and eminent characters. Still we do not by any means pretend to

deny that both in these and later times grave blame rests with many of

the popes individually. On neither side, however, and at no time, were

the limits which divide the two powers overstepped so far as they were

by Henry VIII. of England, that absolute monarch in temporals, and who

wished also to be equally supreme in spirituals. The most despotic

sovereign that ever sat on the throne of England, by founding [the

independence of] the Anglican Church,[59] became undesignedly and

unconsciously the true author of that much-lauded constitution of

England, which, essentially resting on this foundation, furnishes the

only instance of a dynamical polity, as the only remedy of an otherwise

incurable tendency to division and anarchy, attaining to a highly

perfect shape and development. As for the schism in the faith, which in

these latter times has in so many Christian countries made the problem

of religion only the more difficult, and its relation to the state more

delicate and liable to aggression, it has in England, through this

royal reformer, assumed so complicated a shape that, unsolved as yet, it

appears to many, judging of it in a merely human light, totally and

forever incapable of solution.

We must reserve to the succeeding Lecture the enumeration of all the

results which flow from these premises, and this first outline of a

truly Christian justice, which as such involves the principle of equity,

and is even truly historical.

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