_Malesherbes._ Certainly his questions are occasional: but one great

question hangs in the centre, and high above the rest; and this is,

whether the Mother of liberty and civilization shall exist, or whether

she shall be extinguished in the bosom of her family. As we often

apply to Eloquence and her parts the terms we apply to Architecture

and hers, let me do it also, and remark that nothing can be more

simple, solid, and symmetrical, nothing more frugal in decoration or

more appropriate in distribution, than the apartments of Demosthenes.

Yours excel them in space and altitude; your ornaments are equally

chaste and beautiful, with more variety and invention, more airiness

and light. But why, among the Loves and Graces, does Apollo flay

Marsyas?--and why may not the tiara still cover the ears of Midas?

Cannot you, who detest kings and courtiers, keep away from them? If I

must be with them, let me be in good humour and good spirits. If I

will tread upon a Persian carpet, let it at least be in clean shoes.

As the raciest wine makes the sharpest vinegar, so the richest fancies

turn the most readily to acrimony. Keep yours, my dear M. Rousseau,

from the exposure and heats that generate it. Be contented; enjoy your

fine imagination; and do not throw your salad out of window, nor shove

your cat off your knee, on hearing it said that Shakespeare has a

finer, or that a minister is of opinion that you know more of music

than of state. My friend! the quarrels of ingenious men are generally

far less reasonable and just, less placable and moderate, than those

of the stupid and ignorant. We ought to blush at this: and we should

blush yet more deeply if we bring them in as parties to our

differences. Let us conquer by kindness; which we cannot do easily or

well without communication.

_Rousseau._ The minister would expel me from his antechamber, and

order his valets to buffet me, if I offered him any proposal for the

advantage of mankind.

_Malesherbes._ Call to him, then, from this room, where the valets are

civiler. Nature has given you a speaking-trumpet, which neither storm

can drown nor enemy can silence. If you esteem him, instruct him; if

you despise him, do the same. Surely, you who have much benevolence

would not despise any one willingly or unnecessarily. Contempt is for

the incorrigible: now, where upon earth is he whom your genius, if

rightly and temperately exerted, would not influence and correct?

I never was more flattered or honoured than by your patience in

listening to me. Consider me as an old woman who sits by the bedside

in your infirmity, who brings you no savoury viand, no exotic fruit,

but a basin of whey or a basket of strawberries from your native

hills; assures you that what oppressed you was a dream, occasioned by

the wrong position in which you lay; opens the window, gives you fresh

air, and entreats you to recollect the features of Nature, and to

observe (which no man ever did so accurately) their beauty. In your

politics you cut down a forest to make a toothpick, and cannot make

even that out of it! Do not let us in jurisprudence be like critics in

the classics, and change whatever can be changed, right or wrong. No

statesman will take your advice. Supposing that any one is liberal in

his sentiments and clear-sighted in his views, nevertheless love of

power is jealous, and he would rejoice to see you fleeing from

persecution or turning to meet it. The very men whom you would benefit

will treat you worse. As the ministers of kings wish their masters to

possess absolute power that the exercise of it may be delegated to

them, which it naturally is from the violence and sloth alternate with

despots as with wild beasts, and that they may apprehend no check or

control from those who discover their misdemeanours, in like manner

the people places more trust in favour than in fortune, and hopes to

obtain by subserviency what it never might by election or by chance.

Else in free governments, so some are called (for names once given are

the last things lost), all minor offices and employments would be

assigned by ballot. Each province or canton would present a list

annually of such persons in it as are worthy to occupy the local

administrations.

To avoid any allusion to the country in which we live, let us take

England for example. Is it not absurd, iniquitous, and revolting, that

the minister of a church in Yorkshire should be appointed by a lawyer

in London, who never knew him, never saw him, never heard from a

single one of the parishioners a recommendation of any kind? Is it not

more reasonable that a justice of the peace should be chosen by those

who have always been witnesses of his integrity?

_Rousseau._ The king should appoint his ministers, and should invest

them with power and splendour; but those ministers should not appoint

to any civil or religious place of trust or profit which the community

could manifestly fill better. The greater part of offices and

dignities should be conferred for a short and stated time, that all

might hope to attain and strive to deserve them. Embassies in

particular should never exceed one year in Europe, nor consulates two.

To the latter office I assign this duration as the more difficult to

fulfil properly, from requiring a knowledge of trade, although a

slight one, and because those who possess any such knowledge are

inclined for the greater part to turn it to their own account, which a

consul ought by no means to do. Frequent election of representatives

and of civil officers in the subordinate employments would remove most

causes of discontent in the people, and of instability in kingly

power. Here is a lottery in which every one is sure of a prize, if not

for himself, at least for somebody in his family or among his friends;

and the ticket would be fairly paid for out of the taxes.

_Malesherbes._ So it appears to me. What other system can present so

obviously to the great mass of the people the two principal piers and

buttresses of government, tangible interest and reasonable hope? No

danger of any kind can arise from it, no antipathies, no divisions, no

imposture of demagogues, no caprice of despots. On the contrary, many

and great advantages in places which at the first survey do not appear

to border on it. At present, the best of the English juridical

institutions, that of justices of the peace, is viewed with diffidence

and distrust. Elected as they would be, and increased in number, the

whole judicature, civil and criminal, might be confided to them, and

their labours be not only not aggravated but diminished. Suppose them

in four divisions to meet at four places in every county once in

twenty days, and to possess the power of imposing a fine not exceeding

two hundred francs on every cause implying oppression, and one not

exceeding fifty on such as they should unanimously declare frivolous.

_Rousseau._ Few would become attorneys, and those from among the

indigent.

_Malesherbes._ Almost the greatest evil that exists in the world,

moral or physical, would be removed. A second appeal might be made in

the following session; a third could only come before Parliament, and

this alone by means of attorneys, the number of whom altogether would

not exceed the number of coroners; for in England there are as many

who cut their own throats as who would cut their own purses.

_Rousseau._ The famous _trial by jury_ would cease: this would disgust

the English.

_Malesherbes._ The number of justices would be much augmented: nearly

all those who now are jurymen would enjoy this rank and dignity, and

would be flattered by sitting on the same bench with the first

gentlemen of the land.

_Rousseau._ What number would sit?

_Malesherbes._ Three or five in the first instance; five or seven in

the second--as the number of causes should permit.

_Rousseau._ The laws of England are extremely intricate and perplexed:

such men would be puzzled.

_Malesherbes._ Such men having no interest in the perplexity, but on

the contrary an interest in unravelling it, would see such laws

corrected. Intricate as they are, questions on those which are the

most so are usually referred by the judges themselves to private

arbitration; of which my plan, I conceive, has all the advantages,

united to those of open and free discussion among men of unperverted

sense, and unbiased by professional hopes and interests. The different

courts of law in England cost about seventy millions of francs

annually. On my system, the justices or judges would receive

five-and-twenty francs daily; as the _special jurymen_ do now, without

any sense of shame or impropriety, however rich they may be: such

being the established practice.

_Rousseau._ Seventy millions! seventy millions!

_Malesherbes._ There are attorneys and conveyancers in London who gain

one hundred thousand francs a year, and advocates more. The

chancellor----

_Rousseau._ The Celeno of these harpies----

_Malesherbes._ Nets above one million, and is greatly more than an

archbishop in the Church, scattering preferment in Cumberland and

Cornwall from his bench at Westminster.

_Rousseau._ Absurdities and enormities are great in proportion to

custom or insuetude. If we had lived from childhood with a boa

constrictor, we should think it no more a monster than a canary-bird.

The sum you mentioned, of seventy millions, is incredible.

_Malesherbes._ In this estimate the expense of letters by the post,

and of journeys made by the parties, is not and cannot be included.

_Rousseau._ The whole machine of government, civil and religious,

ought never to bear upon the people with a weight so oppressive. I do

not add the national defence, which being principally naval is more

costly, nor institutions for the promotion of the arts, which in a

country like England ought to be liberal. But such an expenditure

should nearly suffice for these also, in time of peace. Religion and

law indeed should cost nothing: at present the one hangs property, the

other quarters it. I am confounded at the profusion. I doubt whether

the Romans expended so much in that year's war which dissolved the

Carthaginian empire, and left them masters of the universe. What is

certain, and what is better, it did not cost a tenth of it to colonize

Pennsylvania, in whose forests the cradle of freedom is suspended, and

where the eye of philanthropy, tired with tears and vigils, may wander

and may rest. Your system, or rather your arrangement of one already

established, pleases me. Ministers would only lose thereby that

portion of their possessions which they give away to needy relatives,

unworthy dependants, or the requisite supporters of their authority

and power.

_Malesherbes._ On this plan, no such supporters would be necessary, no

such dependants could exist, and no such relatives could be

disappointed. Beside, the conflicts of their opponents must be

periodical, weak, and irregular.

_Rousseau._ The craving for the rich carrion would be less keen; the

zeal of opposition, as usual, would be measured by the stomach,

whereon hope and overlooking have always a strong influence.

_Malesherbes._ My excellent friend, do not be offended with me for an

ingenuous and frank confession: promise me your pardon.

_Rousseau._ You need none.

_Malesherbes._ Promise it, nevertheless.

_Rousseau._ You have said nothing, done nothing, which could in any

way displease me.

_Malesherbes._ You grant me, then, a bill of indemnity for what I may

have undertaken with a good intention since we have been together?

_Rousseau._ Willingly.

_Malesherbes._ I fell into your views, I walked along with you side by

side, merely to occupy your mind, which I perceived was agitated.

In compliance with your humour, to engage your fancy, to divert it

awhile from Switzerland, by which you appear and partly on my account

to be offended, I began with reflections upon England: I raised up

another cloud in the region of them, light enough to be fantastic and

diaphanous, and to catch some little irradiation from its western

sun. Do not run after it farther; it has vanished already. Consider:

the three great nations----

_Rousseau._ Pray, which are those?

_Malesherbes._ I cannot in conscience give the palm to the Hottentots,

the Greenlanders, or the Hurons: I meant to designate those who united

to empire the most social virtue and civil freedom. Athens, Rome, and

England have received on the subject of government elaborate treatises

from their greatest men. You have reasoned more dispassionately and

profoundly on it than Plato has done, or probably than Cicero, led

away as he often is by the authority of those who are inferior to

himself: but do you excel Aristoteles in calm and patient

investigation? Or, think you, are your reading and range of thought

more extensive than Harrington's and Milton's? Yet what effect have

the political works of these marvellous men produced upon the

world?--what effect upon any one state, any one city, any one hamlet?

A clerk in office, an accountant, a gauger of small beer, a songwriter

for a tavern dinner, produces more. He thrusts his rags into the hole

whence the wind comes, and sleeps soundly. While you and I are talking

about elevations and proportions, pillars and pilasters, architraves

and friezes, the buildings we should repair are falling to the earth,

and the materials for their restoration are in the quarry.

_Rousseau._ I could answer you: but my mind has certain moments of

repose, or rather of oscillation, which I would not for the world

disturb. Music, eloquence, friendship, bring and prolong them.

_Malesherbes._ Enjoy them, my dear friend, and convert them if

possible to months and years. It is as much at your arbitration on

what theme you shall meditate, as in what meadow you shall botanize;

and you have as much at your option the choice of your thoughts, as of

the keys in your harpsichord.

_Rousseau._ If this were true, who could be unhappy?

_Malesherbes._ Those of whom it is not true. Those who from want of

practice cannot manage their thoughts, who have few to select from,

and who, because of their sloth or of their weakness, do not roll away

the heaviest from before them.

LUCULLUS AND CAESAR

_Caesar._ Lucius Lucullus, I come to you privately and unattended for

reasons which you will know; confiding, I dare not say in your

friendship, since no service of mine toward you hath deserved it, but

in your generous and disinterested love of peace. Hear me on. Cneius

Pompeius, according to the report of my connexions in the city, had,

on the instant of my leaving it for the province, begun to solicit his

dependants to strip me ignominiously of authority. Neither vows nor

affinity can bind him. He would degrade the father of his wife; he

would humiliate his own children, the unoffending, the unborn; he

would poison his own nascent love--at the suggestion of Ambition.

Matters are now brought so far, that either he or I must submit to a

reverse of fortune; since no concession can assuage his malice, divert

his envy, or gratify his cupidity. No sooner could I raise myself up,

from the consternation and stupefaction into which the certainty of

these reports had thrown me, than I began to consider in what manner

my own private afflictions might become the least noxious to the

republic. Into whose arms, then, could I throw myself more naturally

and more securely, to whose bosom could I commit and consign more

sacredly the hopes and destinies of our beloved country, than his who

laid down power in the midst of its enjoyments, in the vigour of

youth, in the pride of triumph, when Dignity solicited, when

Friendship urged, entreated, supplicated, and when Liberty herself

invited and beckoned to him from the senatorial order and from the

curule chair? Betrayed and abandoned by those we had confided in, our

next friendship, if ever our hearts receive any, or if any will

venture in those places of desolation, flies forward instinctively to

what is most contrary and dissimilar. Caesar is hence the visitant of

Lucullus.

_Lucullus._ I had always thought Pompeius more moderate and more

reserved than you represent him, Caius Julius; and yet I am considered

in general, and surely you also will consider me, but little liable to

be prepossessed by him.

_Caesar._ Unless he may have ingratiated himself with you recently,

by the administration of that worthy whom last winter his partisans

dragged before the Senate, and forced to assert publicly that you and

Cato had instigated a party to circumvent and murder him; and whose

carcass, a few days afterward, when it had been announced that he had

died by a natural death, was found covered with bruises, stabs, and

dislocations.

_Lucullus._ You bring much to my memory which had quite slipped out of

it, and I wonder that it could make such an impression on yours. A

proof to me that the interest you take in my behalf began earlier than

your delicacy will permit you to acknowledge. You are fatigued, which

I ought to have perceived before.

_Caesar._ Not at all; the fresh air has given me life and alertness: I

feel it upon my cheek even in the room.

_Lucullus._ After our dinner and sleep, we will spend the remainder of

the day on the subject of your visit.

_Caesar._ Those Ethiopian slaves of yours shiver with cold upon the

mountain here; and truly I myself was not insensible to the change of

climate, in the way from Mutina.

What white bread! I never found such even at Naples or Capua. This

Formian wine (which I prefer to the Chian), how exquisite!

_Lucullus._ Such is the urbanity of Caesar, even while he bites his

lip with displeasure. How! surely it bleeds! Permit me to examine the

cup.

_Caesar._ I believe a jewel has fallen out of the rim in the carriage:

the gold is rough there.

_Lucullus._ Marcipor, let me never see that cup again! No answer, I

desire. My guest pardons heavier faults. Mind that dinner be prepared

for us shortly.

_Caesar._ In the meantime, Lucullus, if your health permits it, shall

we walk a few paces round the villa? for I have not seen anything of

the kind before.

_Lucullus._ The walls are double; the space between them two feet: the

materials for the most part earth and straw. Two hundred slaves, and

about as many mules and oxen, brought the beams and rafters up the

mountain; my architects fixed them at once in their places: every part

was ready, even the wooden nails. The roof is thatched, you see.

_Caesar._ Is there no danger that so light a material should be

carried off by the winds, on such an eminence?

_Lucullus._ None resists them equally well.

_Caesar._ On this immensely high mountain, I should be apprehensive of

the lightning, which the poets, and I think the philosophers too, have

told us strikes the highest.

_Lucullus._ The poets are right; for whatever is received as truth is

truth in poetry; and a fable may illustrate like a fact. But the

philosophers are wrong, as they generally are, even in the commonest

things; because they seldom look beyond their own tenets, unless

through captiousness, and because they argue more than they meditate,

and display more than they examine. Archimedes and Euclid are, in my

opinion, after our Epicurus, the worthiest of the name, having kept

apart to the demonstrable, the practical, and the useful. Many of the

rest are good writers and good disputants; but unfaithful suitors of

simple science, boasters of their acquaintance with gods and

goddesses, plagiarists and impostors. I had forgotten my roof,

although it is composed of much the same materials as the

philosophers'. Let the lightning fall: one handful of silver, or less,

repairs the damage.

_Caesar._ Impossible! nor indeed one thousand, nor twenty, if those

tapestries and pictures are consumed.

_Lucullus._ True; but only the thatch would burn. For, before the

baths were tessellated, I filled the area with alum and water, and

soaked the timbers and laths for many months, and covered them

afterward with alum in powder, by means of liquid glue. Mithridates

taught me this. Having in vain attacked with combustibles a wooden

tower, I took it by stratagem, and found within it a mass of alum,

which, if a great hurry had not been observed by us among the enemy in

the attempt to conceal it, would have escaped our notice. I never

scrupled to extort the truth from my prisoners; but my instruments

were purple robes and plate, and the only wheel in my armoury destined

to such purposes was the wheel of Fortune.

_Caesar._ I wish, in my campaigns, I could have equalled your clemency

and humanity; but the Gauls are more uncertain, fierce, and perfidious

than the wildest tribes of Caucasus; and our policy cannot be carried

with us, it must be formed upon the spot. They love you, not for

abstaining from hurting them, but for ceasing; and they embrace you

only at two seasons--when stripes are fresh, or when stripes are

imminent. Elsewhere, I hope to become the rival of Lucullus in this

admirable part of virtue.

I shall never build villas, because--but what are your proportions?

Surely the edifice is extremely low.

_Lucullus._ There is only one floor; the height of the apartments is

twenty feet to the cornice, five above it; the breadth is twenty-five,

the length forty. The building, as you perceive, is quadrangular:

three sides contain four rooms each; the other has many partitions and

two stories, for domestics and offices. Here is my salt-bath.

_Caesar._ A bath, indeed, for all the Nereids named by Hesiod, with

room enough for the Tritons and their herds and horses.

_Lucullus._ Here stand my two cows. Their milk is brought to me with

its warmth and froth; for it loses its salubrity both by repose and by

motion. Pardon me, Caesar: I shall appear to you to have forgotten

that I am not conducting Marcus Varro.

_Caesar._ You would convert him into Cacus: he would drive them off.

What beautiful beasts! how sleek and white and cleanly! I never saw

any like them, excepting when we sacrifice to Jupiter the stately

leader from the pastures of the Clitumnus.

_Lucullus._ Often do I make a visit to these quiet creatures, and with

no less pleasure than in former days to my horses. Nor indeed can I

much wonder that whole nations have been consentaneous in treating

them as objects of devotion: the only thing wonderful is that

gratitude seems to have acted as powerfully and extensively as fear;

indeed, more extensively, for no object of worship whatever has

attracted so many worshippers. Where Jupiter has one, the cow has ten:

she was venerated before he was born, and will be when even the

carvers have forgotten him.

_Caesar._ Unwillingly should I see it; for the character of our gods

hath formed the character of our nation. Serapis and Isis have stolen

in among them within our memory, and others will follow, until at last

Saturn will not be the only one emasculated by his successor. What can

be more august than our rites? The first dignitaries of the republic

are emulous to administer them: nothing of low or venal has any place

in them; nothing pusillanimous, nothing unsocial and austere. I speak

of them as they were; before Superstition woke up again from her

slumber, and caught to her bosom with maternal love the alluvial

monsters of the Nile. Philosophy, never fit for the people, had

entered the best houses, and the image of Epicurus had taken the place

of the Lemures. But men cannot bear to be deprived long together of

anything they are used to, not even of their fears; and, by a reaction

of the mind appertaining to our nature, new stimulants were looked

for, not on the side of pleasure, where nothing new could be expected

or imagined, but on the opposite. Irreligion is followed by

fanaticism, and fanaticism by irreligion, alternately and perpetually.

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