Alarmed at the political aspect of Germany and Europe, Schlegel deemed

the moment had arrived, when every friend of religion and social order

should be found at his post. The importance of the struggle--the

violence of parties--the false line of policy adopted by most

governments--the errors and delusions too prevalent even among many of

the defenders of legitimacy, rendered the warning voice of an

enlightened mediator more necessary than ever. In conjunction with his

illustrious friend, Adam Mueller, and some of the Redemptorists--a most

able, amiable, and exemplary body of ecclesiastics at Vienna--he

established in 1820, a religious and political journal, entitled

"Concordia." In a series of articles, entitled "Characteristics of the

age," and which contain a most masterly sketch of the political state

and prospects of the principal European countries, Schlegel has given a

fuller exposition of his political principles, than in any other of his

writings which have come under my notice. The extreme interest and

importance of the matters discussed in these articles, and still more,

the light they throw on very many passages in the following translation,

have induced me to lay before the reader a rapid analysis of such parts

as embody the author's political system. I shall therefore now proceed

to this task, premising that in this analysis I shall occasionally

interweave a remark of my own, to illustrate the author's views.--

There are five essential and eternal corporations in human society--the

family--the church--the state--the guild--and the school.

I. The family is the smallest and simplest corporation--the ground-work

of all the others;--and on its right constitution and moral development

depend, as we shall presently see, the freedom, prosperity, and

enlightenment of the state, the guild, and the school.

II. With respect to the church, its constitution under the primitive

revelation was purely domestic; religious instruction and the

solemnization of religious offices, being intrusted to the heads of

families and tribes. In the Mosaic law, the Almighty founded a _public_

ministry in the synagogue, which was an admirable type of the future

constitution of the Christian church. Unlike the local and temporary

synagogue, the Christian church is perpetual and universal--but like the

synagogue, it hath a public ministry. "This church, to use Schlegel's

own words, is that great and divine corporation which embraces all other

social relations, protects them under its vault, crowns them with

dignity, and lovingly imparts to them the power of a peculiar

consecration. The church is not a mere substitute formed to supply or

repair the deficiencies of the other social institutes and corporations;

but is itself a free, peculiar, independent corporation, pervading all

states, and in its object exalted far above them--an union and society

with God, from whom it immediately derives its sustaining power."[12]

III. Between these two corporations the family--that deep, solid

foundation of the social edifice below--and the church, that high,

expansive and illumined vault above--stands the state. Schlegel defines

the state, "a corporation armed for the maintenance of peace." "Its

existence," says he, "is bound up with all the other corporations; it

lives and moves in them; they are its natural organs; and as soon as the

state, whether with despotic or anarchical views, attempts to impede the

natural functions of these organs, to disturb or derange their peculiar

sphere of action, it impairs its own vital powers, and prepares the way

sooner or later for its own destruction."

IV. There are two intermediate corporations--the guild, which stands

between the family and the state; and the school, which stands between

the church and the state. By the guild, Schlegel understands "every

species of traffic, industry and commerce, bound together in every part

of the world by the common tie of money." The object of this corporation

is the advancement of the material interests of the family; interests

which it is the bounden duty of the state to protect and promote.

V. By the school, the author signifies the "whole intellectual culture

of mankind--not merely the existing republic of letters, but all the

tradition of science from the remotest ages to the present times." This

corporation, I should say, has for its object the glorification of the

church, the utility of the state, and the intellectual activity of the

family, or rather its individual members.

But among these primary corporations, it is the state which forms the

immediate object of the author's inquiries. I shall now proceed to lay

before the reader the several characteristics which, according to the

author, distinguish the Christian state, or the state animated with the

spirit of Christianity.

Sec.Sec. I. _The Christian state is without slaves, and honours the sanctity

of the nuptial tie._

Christianity first mitigated, and then abolished slavery. Slavery is

incompatible with the spirit of Christianity, not only on account of the

maltreatment, injuries, and oppression to which it subjects men; not

only on account of the dangers to which it exposes female virtue; but

chiefly and especially, because the state of slavery is one inconsistent

with the dignity of a being made after the likeness of God. This

complete emancipation of the lower classes from the bonds of servitude

pre-eminently distinguishes the modern Christian states from those of

classical antiquity on the one hand, and those of the primitive

oriental world on the other. In the former, domestic and predial slavery

were carried to the last degree of harshness and severity--in the

latter, especially in India, a totally different form of servitude

existed. There the innocent descendants of those who had been guilty of

certain crimes, or who had contracted unlawful marriages, were doomed to

a state of irremediable oppression, debarred from all civil rights, and

excluded from the very charities of life. The fate of these hapless

beings was even harder than that of the slaves among the ancient Greeks

and Romans. As the exclusion of a whole class from the rights of

citizenship and the offices of religion is incompatible with the

principles of Christian love; so the hereditary transmission of the

sacerdotal dignity is inconsistent with the Christian doctrine, which

inculcates the necessity of a divine call to the priesthood. Hence the

incompatibility which exists between the system of castes and the

Christian religion.

The author shows that the various species of vassalage are clearly

distinguishable from slavery; yet that even these have yielded to the

benign spirit of Christianity. The existence of slavery in the Christian

colonies no wise militates against the principle here laid down: for the

slave-trade has ever been condemned by all Christian nations as wicked

and unjust; and slavery, the introduction of which into the colonies the

church had so strenuously opposed, was afterwards tolerated by her only

as a necessary evil. For, as Schlegel observes with his characteristic

wisdom, "the sudden abolition of an evil that has become an inveterate

habit in society, is mostly attended with danger, and frequently works

another wrong of an opposite kind."[13] But this is one of those

truths, which the giddy, reckless spirit of a spurious philanthropy can

never be made to comprehend.

As the Christian state abhors slavery from its inconsistency with the

dignity of man, so, for the same reason, it guards with jealous

vigilance, the sanctity and inviolability of the nuptial tie. Polygamy

degrades woman from her natural rank in society--destroys the happiness

of private life--poisons the very well-springs of education--and

connected as it too frequently is with a traffic in slaves, plunges the

male sex into irremediable degradation.[14] This practice is supposed to

have originated with the Cainites in the ante-diluvian world; but for

high and prudential reasons, it was tolerated rather than approved under

the Patriarchal dispensation and the Mosaic law. In the ancient Asiatic

monarchies, especially in the period of their decline, this usage

sometimes prevailed to a licentious extent; but in the modern Mahometan

states, where polygamy is indulged in to the most libidinous excess,

this defective constitution of the family has proved one of the greatest

barriers to political and intellectual improvement.

In ancient Greece and Rome, how far superior was the legislation on

marriage! How much more healthful and vigorous was the constitution of

domestic society! What a fine idea do we conceive of the early Romans,

when we read that though the law sanctioned divorce, yet that for the

first five hundred years, no individual took advantage of such a law! In

the corrupt ages of Imperial Rome, divorce, permitted and practised on

the most frivolous pretexts, was productive of more baneful consequences

than Polygamy in its worst form.

Polygamy is proscribed in all Christian states. In the Catholic church,

marriage is raised to the dignity of a sacrament; and divorce is not

permitted, even in the case of adultery. Hereby woman is invested with

the highest degree of dignity, and even influence--the union and

happiness of the family are best secured--and the peace and stability of

the state itself acquire the strongest guarantees. It is well known that

some of the ablest divines of the church of England also uphold in all

cases the indissolubility of the nuptial tie; and the British

legislature, by according divorce only after adultery, and by rendering

the obtaining of it a matter of difficulty and expense, has wisely

opposed limitations to the practice. Yet, as was truly observed some

years ago in parliament, the increase in the number of applications for

divorce, is one among the many signs of the decline of morality in this

country.

The principal Protestant churches regard marriage as a religious

ceremony; and so the general proposition of Schlegel is correct, that

all Christian states recognise the sanctity of the nuptial bond. And

here is one of the main causes of the superior happiness, freedom and

civilisation enjoyed by Christian nations.

Sec.Sec. II. _Christian justice is founded on a system of equity, and the

Christian state has from its constitution, an essentially pacific

tendency._

Schlegel observes that the difference between strict law and equitable

law is the most arduous problem in all jurisprudence. Strict law is an

abstract law, deduced from certain general principles, applied without

the least regard to adventitious circumstances. Equity, on the other

hand, pays due regard to such circumstances, examines into the peculiar

state of things, and the mutual relations of parties; and forms her

decisions not according to the caprice of fancy, or the waywardness of

feeling, but according to the general principles of right, applied to

the variable circumstances and situations of parties.

According to the author's definition, the object of the institution of

the state is the maintenance of internal and external peace. Justice is

the only basis of peace; but _justice is here the means, and not the

end_. If justice were the end for which the state was constituted, then

neither external nor internal peace could ever be procured or

maintained; for the state would then be compelled to wage eternal war

against all who, at home or abroad, were guilty of injustice, and could

never lay down its arms till that injustice were removed.

As peace is essentially the end of that great corporation called the

state; it follows that the justice by which its foreign and domestic

policy must be regulated, is not that strict or absolute justice spoken

of above, but that temperate or conciliatory equity, which is alone

applicable to the concerns of men. The maxim, "a thousand years' wrong

cannot constitute an hour's right," if applied to civil jurisprudence,

would introduce interminable confusion, hardship and misery in the

affairs of private life, and if applied to constitutional and

international law, would lead to perpetual anarchy at home, and to

endless, exterminating war abroad.

The Christian religion, as it comes from God, is eminently social--hence

it abhors the principle of absolute or inexorable right, whether applied

to civil or public law--hence the Christian state, or the state animated

with the spirit of Christianity, is in its tendency essentially pacific.

This pacific policy of the state, however, so far from excluding,

necessarily implies the firm, uncompromising vindication of its rights

and interests, whether at home or abroad; and the repression of evil

doers within, or a just war without, is often the only means of

attaining the object for which the state was constituted--to wit, the

maintenance of peace. On the other hand, the revolutionary state, or

the state where, in opposition to existing rights and interests, new

rights and interests are violently enforced; and where, in subversion of

all established institutions, new institutions, conceived according to

abstract and arbitrary theories, are violently introduced; the

revolutionary state, I say, is, from its nature and origin--no matter

what form it may assume--necessarily driven to a course of iniquitous

policy--to disorganizing tyranny within, and to fierce, relentless

hostility without.

Against the pacific character of the Christian state, the bloody wars of

Charlemagne with the Saxons, the Crusades of a later period, and the

religious wars of the sixteenth and seventeenth centuries are commonly

objected. In the course of the work, to which this memoir is prefixed,

the reader will find these several objections victoriously answered.

Sec. III. _The Christian state recognizes the legal existence of

Corporations, and depends on their organic co-operation._

The author has before shown that the Christian religion, following the

principle of conciliatory equity, recognizes, without reference to their

origin, all existing rights and interests. Hence the Christian religion

can co-exist, and has in fact co-existed, with every form or species of

government. But there are some governments which, from their spirit and

constitution, are more congenial than others to Christianity; and it is

in this sense we speak of the Christian state.

We have already seen that there are five essential and eternal

corporations--the family--the church--the state--the guild, and the

school. These great corporations have each their several and subordinate

institutions or corporations, which are accidental and transitory by

nature, and consequently vary with time, place, and circumstances.

The Christian state is that which best secures and preserves to those

essential corporations, and all their subordinate institutions, their

due sphere of action. Hence our author shows that, under certain

circumstances, and in certain countries, the Republic, whether

democratic or aristocratic, may answer that end as well or even better

than monarchy; and that it is only because, in great empires, monarchy

is best calculated to maintain the free developement and organic

co-operation of corporations, that it may be called, par excellence, the

Christian state. But what form of monarchy is best adapted for this end?

The absolute monarchy[15] is certainly the least: there then remain only

the representative system, and the constitution of the three estates, or

as the Germans call that mode of government, Staende-verfassung. Schlegel

proceeds to examine the respective characteristics of those two forms of

government, and to show the points in which they agree, and in which

they differ. The constitution of estates is the old, legitimate

constitution of the European states, whether republican or monarchical;

but, in too many countries, this noble institution has been undermined

by despotism, or destroyed by revolution. On the other hand, the

representative system is comparatively modern, and, on the continent,

has, amid the great convulsions produced by the French revolution,

sprung out of a defective and superficial imitation of the British

constitution. It is therefore to the latter constitution the author,

when he has occasion to treat of the representative system, principally

directs the attention of his readers.

As to the points of resemblance between this system, and the

states-constitution, both have legislative assemblies--in both,

petitions and remonstrances are addressed to the throne, and in both,

the grant of subsidies rests chiefly with the commons; while to the

enactment of every law, the concurrence of the different branches of the

legislature is essentially requisite. But, in many important

points, these two forms of government totally differ. In the

states-constitution, the crown is invested with more power and dignity.

With more dignity, because to the crown landed estates are annexed; and

the sovereign, instead of being a pensioner on the bounty of his

parliament, is the first independent proprietor:--with more power,

because in the representative system, the King, with the single

exception of choosing an administration, can perform no act without the

sanction of his ministers. Thus in this political system, according to

the author's remark, the substantial power of royalty is vested in the

hands of the ministry.

The next point of difference is that the representative system,

particularly in England, rests too exclusively on the material basis of

property; and that intelligence is there deprived of an adequate share

in the national representation.[16] In the states-constitution, where

the clerical and scientific classes form a separate estate, or distinct

branch of the legislature, intelligence is invested with all the dignity

and glory which human society can confer. The clergy, who are the

representatives of revealed faith, or the fixed and immutable part of

intelligence, correspond to the aristocracy, or the representatives of

fixed property--while the scientific class, representing science, or the

variable and progressive part of intelligence, corresponds to the

Commons, the representatives of moveable property. Hence, Francis

Baader has ingeniously called the clergy the Upper House of

intelligence, and the scientific class, the Lower House.[17]

The last point of difference is that, while in many of the modern

representative systems, municipal corporations are despised and

rejected, they form the very key-stone of the states-constitution. The

Revolutionists, who have had so prominent a share in the formation of

these representative governments, know full well that municipal

corporations form the best security of the rights of the family--the

firmest ramparts of popular freedom. They are thus objects of peculiar

hatred to men who, so far from wishing the commonalty to obtain

stability or cohesion in their constitution, are desirous they should

ever remain a loose, shifting mass of disunited atoms, ready to receive

any form or impress which despotism may impose. Hence the war which at

different times, and in different countries, regal or democratic tyranny

has waged against these admirable institutions. In the English

constitution, on the other hand, which has preserved so many elements of

the old Christian monarchy, the free, municipal institutions have been

carefully maintained. "The true internal strength and greatness of

England, (says Schlegel) consist, as is now almost universally admitted

by profound political observers, far more in the vigour and freedom of

municipal corporations, better preserved in that country than elsewhere,

than in her admired political constitution itself."[18] Defective as

many parts of that constitution appeared to the author, yet on the

whole, he highly valued the vigorously constituted, but temperate and

mitigated, aristocracy of 1688. He knew that the remnants of the old

Christian constitution were better preserved there than in any of the

great continental monarchies:[19] that the British government possessed

elements of stability as well as of freedom, to which those monarchies,

in their existing degeneracy, could in vain pretend; and that the very

peculiarities in the British constitution, to which he most strongly

objected, had their origin in local circumstances, deep-rooted wants,

and remote historical events. That extreme jealousy of regal power which

that constitution betrays--that undue preponderance of property over

intelligence--that political predominance of the aristocracy, which,

though rendered necessary by the excessive depression of royalty and of

the clergy, was certainly calculated to impede the organic development

of the democracy, and thereby to expose the body politic to dangerous

revulsions--in fine, that fierce collision of parties, which that

constitution nurses and encourages--all reveal the fearful struggles by

which it came into life. The imitation of this constitution which, by

bringing back to the European nations the reminiscence of their ancient

freedom, has naturally excited their enthusiastic admiration--the

imitation of that constitution, I say, difficult at all times, has been

rendered in some countries utterly impracticable by the studious

rejection of two of the great hinges on which, for a hundred and fifty

years, it has turned--I mean the predominance of the aristocracy on the

one hand, and the free, municipal organization of the commonalty on the

other. In many of the German states, as the author observes, the

representative system works well; because the legislators have had the

wisdom to connect the new with anterior institutions.

On the whole, what has been said of the Gothic architecture, may be

applied to the old Christian monarchy--it was never brought to

perfection. That lofty ideal of government, which Christianity had

traced to the nations of the middle age--that admirable constitution,

which was a partial reflection of the constitution of the church itself,

and wherein were blended and united the principles of love and

intelligence, stability and activity--in other words, where a paternal

royalty, an enlightened priesthood, a mild aristocracy, a loyal, yet

free-spirited, commonalty controlled, aided, balanced, and defended each

other--that lofty ideal has never been--probably never will be--fully

realized. Yet there are many reasons to suppose that a momentous, and

not very distant, futurity will be charged with realizing, as far as

human infirmity will permit, this ideal conception of the Christian

state.

Such is an outline of the principal features in Schlegel's political

system--a system which I have endeavoured, as far as my feeble powers

permitted, to explain, illustrate, and enforce.

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