But it is more probable that the breach of national faith will be the

necessary effect of wars, defeats, misfortunes, and public calamities,

or even perhaps of victories and conquests. I must confess, when I

see princes and states fighting and quarrelling, amidst their debts,

funds, and public mortgages, it always brings to my mind a match of

cudgel-playing fought in a china-shop. How can it be expected that

sovereigns will spare a species of property which is pernicious to

themselves and to the public, when they have so little compassion

on lives and properties which are useful to both? Let the time

come (and surely it will come) when the new funds created for the

exigencies of the year are not subscribed to, and raise not the money

projected. Suppose either that the cash of the nation is exhausted,

or that our faith, which has hitherto been so ample, begins

to fail us; suppose that in this distress the nation is threatened

with an invasion; a rebellion is suspected or broken out at home; a

squadron cannot be equipped for want of pay, victuals, or repairs;

or even a foreign subsidy cannot be advanced—what must a prince or

minister do in such an emergence? The right of self-preservation is

unalienable in every individual, much more in every community; and

the folly of our statesmen must then be greater than the folly of

those who first contracted debt, or, what is more, than that of those

who trusted, or continue to trust this security, if these statesmen

have the means of safety in their hands and do not employ them. The

funds, created and mortgaged, will by that time bring in a large

yearly revenue, sufficient for the defence and security of the nation.

Money is perhaps lying in the exchequer, ready for the discharge of

the quarterly interest. Necessity calls, fear urges, reason exhorts,

compassion alone exclaims; the money will immediately be seized for

the current service—under the most solemn protestations, perhaps, of

being immediately replaced. But no more is requisite; the whole fabric,

already tottering, falls to the ground, and buries thousands in its

ruins. And this, I think, may be called the natural death of public

credit; for to this period it tends as naturally as an animal body to

its dissolution and destruction.​[32]

These two events supposed above are calamitous, but not the most

calamitous. Thousands are hereby sacrificed to the safety of millions;

but we are not without danger that the contrary event may take place,

and that millions may be sacrificed for ever to the temporary safety

of thousands.​[33] Our popular government perhaps will render it

difficult or dangerous for a minister to venture on so desperate an

expedient as that of a voluntary bankruptcy; and though the House of

Lords be altogether composed of the proprietors of lands, and the

House of Commons chiefly, and consequently neither of them can

be supposed to have great property in the funds, yet the connections

of the members may be so great with the proprietors as to render them

more tenacious of public faith than prudence, policy, or even justice,

strictly speaking, requires. And perhaps, too, our foreign enemies,

or rather enemy (for we have but one to dread) may be so politic as

to discover that our safety lies in despair, and may not therefore

show the danger open and barefaced till it be inevitable. The balance

of power in Europe, our grandfathers, our fathers, and we, have all

justly esteemed too unequal to be preserved without our attention and

assistance. But our children, weary with the struggle, and fettered

with encumbrances, may sit down secure and see their neighbours

oppressed and conquered, till at last they themselves and their

creditors lie both at the mercy of the conqueror. And this may properly

enough be denominated the violent death of our public credit.

These seem to be the events which are not very remote, and which reason

foresees as clearly almost as she can do anything that lies in the womb

of time. And though the ancients maintained that, in order to reach the

gift of prophecy, a certain divine fury or madness was requisite, one

may safely affirm that, in order to deliver such prophecies as these,

no more is necessary than merely to be in one’s senses, free from the

influence of popular madness and delusion.

NOTES, OF PUBLIC CREDIT.

[27] Essay _Of the Balance of Trade_.

[28] Plut. in _Vita Alex_. He makes these treasures amount to 80,000

talents, or about 15 millions sterling. Quintus Curtius (lib. 5, cap.

2) says that Alexander found in Susa above 50,000 talents.

[29] Melon, Du Tot, Law, in the pamphlets published in France.

[30] In times of peace and security, when alone it is possible to pay

debt, the moneyed interest are averse to receive partial payments,

which they know not how to dispose of to advantage, and the landed

interest are averse to continue the taxes requisite for that purpose.

Why therefore should a minister persevere in a measure so disagreeable

to all parties? For the sake, I suppose, of a posterity which he will

never see, or of a few reasonable, reflecting people whose united

interest perhaps will not be able to secure him the smallest borough

in England. It is not likely we shall ever find any minister so bad a

politician. With regard to these narrow, destructive maxims of politics

all ministers are expert enough.

[31] Some neighbouring states practise an easy expedient, by which they

lighten their public debts. The French have a custom (as the Romans

formerly had) of augmenting their money, and this the nation has been

so much familiarized to that it hurts not public credit, though it be

really cutting off at once, by an edict, so much of their debts. The

Dutch diminish the interest without the consent of their creditors;

or, which is the same thing, they arbitrarily tax the funds as well

as other property. Could we practise either of these methods, we need

never be oppressed by the national debt; and it is not impossible but

one of these, or some other method, may, at all adventures, be tried,

on the augmentation of our encumbrances and difficulties. But people

in this country are so good reasoners upon whatever regards their

interest, that such a practice will deceive nobody, and public credit

will probably tumble at once by so dangerous a trial.

[32] So great dupes are the generality of mankind, that notwithstanding

such a violent shock to public credit as a voluntary bankruptcy in

England would occasion, it would not probably be long ere credit would

again revive in as flourishing a condition as before. The present

King of France, during the late war, borrowed money at lower interest

than ever his grandfather did, and as low as the British Parliament,

comparing the natural rate of interest in both kingdoms. And though

men are commonly more governed by what they have seen than by what

they foresee, with whatever certainty, yet promises, protestations,

fair appearances, with the allurements of present interest, have such

powerful influence as few are able to resist. Mankind are, in all ages,

caught by the same baits. The same tricks, played over and over again,

still trepan them. The heights of popularity and patriotism are still

the beaten road to power and tyranny; flattery to treachery; standing

armies to arbitrary government; and the glory of God to the temporal

interest of the clergy. The fear of an everlasting destruction of

credit, allowing it to be an evil, is a needless bugbear. A prudent

man, in reality, would rather lend to the public immediately after

they had taken a sponge to their debts, than at present; as much as

an opulent knave, even though one could not force him to pay, is a

preferable debtor to an honest bankrupt; for the former, in order to

carry on business, may find it his interest to discharge his debts,

where they are not exorbitant. The latter has it not in his power.

The reasoning of Tacitus (_Hist._ lib. 3), as it is eternally true,

is very applicable to our present case: “Sed vulgus ad magnitudinem

beneficiorum aderat: Stultissimus quisque pecuniis mercabatur: Apud

sapientes cassa habebantur, quæ neque dari neque accipi, salva

republica, poterant.” The public is a debtor, whom no man can oblige to

pay. The only check which the creditors have on it is the interest of

preserving credit; an interest which may easily be overbalanced by a

very great debt, and by a difficult and extraordinary emergence, even

supposing that credit irrecoverable. Not to mention that a present

necessity often forces states into measures which are, strictly

speaking, against their interest.

[33] I have heard it has been computed that all the creditors of the

public, natives and foreigners, amount only to 17,000. These make a

figure at present on their income; but in case of a public bankruptcy

would in an instant become the lowest, as well as the most wretched of

the people. The dignity and authority of the landed gentry and nobility

is much better rooted, and would render the contention very unequal,

if ever we come to that extremity. One would incline to assign to this

event a very near period, such as half a century, had not our fathers’

prophecies of this kind been already found fallacious by the duration

of our public credit so much beyond all reasonable expectation. When

the astrologers in France were every year foretelling the death of

Henry IV., “These fellows,” says he, “must be right at last.” We shall

therefore be more cautious than to assign any precise date, and shall

content ourselves with pointing out the event in general.

OF SOME REMARKABLE CUSTOMS.

I shall observe three remarkable customs in three celebrated

governments, and shall conclude from the whole that all general maxims

in politics ought to be established with great reserve, and that

irregular and extraordinary appearances are frequently discovered

in the moral as well as in the physical world. The former

perhaps can we better account for after they happen, from springs and

principles of which every one has within himself, or from obvious

observation, the strongest assurance and conviction; but it is often

fully as impossible for human prudence beforehand to foresee and

foretell them.

I. One would think it essential to every supreme council or assembly

which debates, that entire liberty of speech should be granted to

every member, and that all motions or reasonings should be received

which can any way tend to illustrate the point under deliberation.

One would conclude, with still greater assurance, that after a motion

was made, which was voted and approved by that assembly in which the

legislative power is lodged, the member who made the motion must for

ever be exempted from further trial or inquiry. But no political maxim

can at first sight appear more undisputable than that he must at least

be secured from all inferior jurisdiction, and that nothing less than

the same supreme legislative assembly, in their subsequent meetings,

could render him accountable for those motions and harangues which they

had before approved of. But these axioms, however irrefragable they may

appear, have all failed in the Athenian government, from causes, and

principles too, which appear almost inevitable.

By the γραφη παρανομων, or “indictment of illegality” (though it has

not been remarked by antiquaries or commentators), any man was tried

and punished by any common court of judicature for any law which

had passed upon his motion in the assembly of the people, if that

law appeared to the court unjust or prejudicial to the public. Thus

Demosthenes, finding that ship-money was levied irregularly, and that

the poor bore the same burden as the rich in equipping the galleys,

corrected this inequality by a very useful law, which proportioned the

expense to the revenue and income of each individual. He moved for

this law in the assembly, he proved its advantages,​[34] he

convinced the people, the only legislature in Athens, the law passed

and was carried into execution; and yet he was tried in a criminal

court for that law upon the complaint of the rich, who resented the

alteration he had introduced into the finances. He was indeed acquitted

upon proving anew the usefulness of his law.

Ctesiphon moved in the assembly of the people that particular honours

should be conferred on Demosthenes, as on a citizen affectionate and

useful to the commonwealth. The people, convinced of this truth, voted

those honours; yet was Ctesiphon tried by the γραφη παρανομων. It was

asserted, among other topics, that Demosthenes was not a good citizen,

nor affectionate to the commonwealth, and the orator was called upon to

defend his friend, and consequently himself, which he executed by that

sublime piece of eloquence that has ever since been the admiration of

mankind.

After the battle of Chæronea a law was passed, upon the motion

of Hyperides, giving liberty to slaves and enrolling them in the

troops.​[35] On account of this law the orator was afterwards tried

by the indictment above mentioned, and defended himself, among other

topics, by that stroke celebrated by Plutarch and Longinus. “It was not

I,” said he, “that moved for this law: it was the necessities of war;

it was the battle of Chæronea.” The orations of Demosthenes abound with

many instances of trials of this nature, and prove clearly that nothing

was more commonly practised.

The Athenian Democracy was such a tumultuary government as we can

scarce form a notion of in the present age of the world. The whole

collective body of the people voted in every law without any limitation

of property, without any distinction of rank, without control of any

magistracy or senate;​[36] and consequently without regard to

order, justice, or prudence. The Athenians soon became sensible of the

mischiefs attending this constitution, but being averse to the checking

themselves by any rule or restriction, they resolved at least to check

their demagogues or counsellors by the fear of future punishment

and inquiry. They accordingly instituted this remarkable law, a law

esteemed so essential to their government that Æschines insists on

it as a known truth, that were it abolished or neglected it were

impossible for the Democracy to subsist.​[37]

The people feared not any ill consequence to liberty from the authority

of the criminal courts, because these were nothing but very numerous

juries, chosen by lot from among the people; and they considered

themselves justly as in a state of perpetual pupilage, where they had

an authority, after they came to the use of reason, not only to retract

and control whatever had been determined, but to punish any guardian

for measures which they had embraced by his persuasion. The same law

had place in Thebes, and for the same reason.

It appears to have been a usual practice in Athens, on the

establishment of any law esteemed very useful or popular, to prohibit

for ever its abrogation and repeal. Thus the demagogue who diverted

all the public revenues to the support of shows and spectacles, made

it criminal so much as to move for a repeal of this law; thus Leptines

moved for a law, not only to recall all the immunities formerly

granted, but to deprive the people for the future of the power of

granting any more; thus all bills of attainder were forbid, or laws

that affected one Athenian without extending to the whole

commonwealth. These absurd clauses, by which the legislature vainly

attempted to bind itself for ever, proceeded from a universal sense of

the levity and inconstancy of the people.

II. A wheel within a wheel, such as we observe in the German Empire, is

considered by Lord Shaftesbury​[38] as an absurdity in politics; but

what must we say to two equal wheels which govern the same political

machine without any mutual check, control, or subordination, and yet

preserve the greatest harmony and concord? To establish two distinct

legislatures, each of which possesses full and absolute authority

within itself, and stands in no need of the other’s assistance,

in order to give validity to its acts, this may appear beforehand

altogether impracticable as long as men are actuated by the passions

of ambition, emulation, and avarice, which have been hitherto their

chief governing principles. And should I assert that the state I

have in my eye was divided into two distinct factions, each of which

predominated in a distinct legislature, and yet produced no clashing in

these independent powers, the supposition may appear almost incredible;

and if, to augment the paradox, I should affirm that this disjointed,

irregular government was the most active, triumphant, and illustrious

commonwealth that ever yet appeared on the stage of the world, I

should certainly be told that such a political chimera was as absurd

as any vision of the poets. But there is no need for searching long in

order to prove the reality of the foregoing suppositions, for this was

actually the case with the Roman republic.

The legislative power was there lodged in the _comitia centuriata_

and _comitia tributa_. In the former, it is well known, the people

voted according to their census; so that when the first class was

unanimous, though it contained not perhaps the hundredth part of the

commonwealth, it determined the whole, and, with the authority of the

senate, established a law. In the latter, every vote was alike; and as

the authority of the senate was not there requisite, the lower

people entirely prevailed and gave law to the whole state. In all party

divisions, at first between the Patricians and Plebeians, afterwards

between the nobles and the people, the interest of the aristocracy was

predominant in the first legislature, that of the democracy in the

second. The one could always destroy what the other had established;

nay, the one by a sudden and unforeseen motion might take the start

of the other and totally annihilate its rival by a vote, which, from

the nature of the constitution, had the full authority of a law. But

no such contest or struggle is observed in the history of Rome: no

instance of a quarrel between these two legislatures, though many

between the parties that governed in each. Whence arose this concord,

which may seem so extraordinary?

The legislature established at Rome by the authority of Servius Tullius

was the _comitia centuriata_, which, after the expulsion of the kings,

rendered the government for some time altogether aristocratical.

But the people, having numbers and force on their side, and being

elated with frequent conquests and victories in their foreign wars,

always prevailed when pushed to extremities, and first extorted from

the senate the magistracy of the tribunes, and then the legislative

power of the _comitia tributa_. It then behoved the nobles to be more

careful than ever not to provoke the people, for beside the force

which the latter were always possessed of, they had now got possession

of legal authority, and could instantly break in pieces any order or

institution which directly opposed them. By intrigue, by influence, by

money, by combination, and by the respect paid their character, the

nobles might often prevail and direct the whole machine of government;

but had they openly set their _comitia centuriata_ in opposition to

the _tributa_, they had soon lost the advantage of that institution,

together with their consuls, prætors, ediles, and all the magistrates

elected by it. But the _comitia tributa_, not having the same reason

for respecting the _centuriata_, frequently repealed laws favourable

to the aristocracy; they limited the authority of the nobles,

protected the people from oppression, and controlled the actions of

the senate and magistracy. The _centuriata_ found it convenient always

to submit; and though equal in authority, yet being inferior in power,

durst never directly give any shock to the other legislature, either by

repealing its laws or establishing laws, which, it foresaw, would soon

be repealed by it.

No instance is found of any opposition or struggle between these

_comitia_, except one slight attempt of this kind mentioned by Appian

in the third book of his Civil Wars. Mark Antony, resolving to deprive

Decimus Brutus of the government of Cisalpine Gaul, railed in the

forum, and called one of the _comitia_ in order to prevent the meeting

of the other which had been ordered by the senate; but affairs were

then fallen into such confusion, and the Roman constitution was so near

its final dissolution, that no inference can be drawn from such an

expedient. This contest, besides, was founded more on form than party.

It was the senate who ordered the _comitia tributa_ that they might

obstruct the meeting of the _centuriata_, which, by the constitution,

or at least forms of the government, could alone dispose of provinces.

Cicero was recalled by the _comitia centuriata_, though banished by

the _tributa_—that is, by a _plebiscitum_. But his banishment, we may

observe, never was considered as a legal deed, arising from the free

choice and inclination of the people. It was always ascribed to the

violence alone of Clodius, and to the disorders introduced by him into

the government.

III. The third custom which we proposed to observe regards England, and

though it be not so important as those which we have pointed out in

Athens and Rome, it is no less singular and remarkable. It is a maxim

in politics which we readily admit as undisputed and universal, that

a power, however great, when granted by law to an eminent magistrate

is not so dangerous to liberty as an authority, however considerable,

which he acquires from violence and usurpation; for, besides that

the law always limits every power which it bestows, the very

receiving it as a concession establishes the authority whence it is

derived and preserves the harmony of the constitution. By the same

right that one prerogative is assumed without law another may also

be claimed, and another with still greater facility; while the first

usurpations both serve as precedents to the following, and give force

to maintain them. Hence the heroism of Hampden, who sustained the whole

violence of royal prosecution rather than pay a tax of twenty shillings

not imposed by Parliament; hence the care of all English patriots to

guard against the first encroachments of the crown, and hence alone the

existence at this day of English liberty.

There is, however, one occasion where the Parliament has departed from

this maxim, and this is in the pressing of seamen. The exercise of an

illegal power is here tacitly permitted in the crown, and though it has

frequently been under deliberation how that power might be rendered

legal and granted under proper restrictions to the sovereign, no safe

expedient could ever be proposed for that purpose, and the danger

to liberty always appeared greater from law than from usurpation.

While this power is exercised to no other end than to man the Navy

men willingly submit to it from a sense of its use and necessity, and

the sailors, who are alone affected by it, find nobody to support

them in claiming the rights and privileges which the law grants

without distinction to all English subjects. But were this power on

any occasion made an instrument of faction or ministerial tyranny,

the opposite faction, and indeed all lovers of their country, would

immediately take the alarm and support the injured party. The liberty

of Englishmen would be asserted; juries would be implacable; and the

tools of tyranny acting both against law and equity would meet with the

severest vengeance. On the other hand, were the Parliament to grant

such an authority, they would probably fall into one of these two

inconveniences: they would either bestow it under so many restrictions

as would make it lose its effects by cramping the authority of the

crown, or they would render it so large and comprehensive as might give

occasion to great abuses, for which we could in that case have

no remedy. The very illegality of the power at present prevents its

abuses, by affording so easy a remedy against them.

I pretend not by this reasoning to exclude all possibility of

contriving a register for seamen, which might man the Navy without

being dangerous to liberty. I only observe that no satisfactory scheme

of that nature has yet been proposed. Rather than adopt any project

hitherto invented, we continue a practice seemingly the most absurd and

unaccountable. Authority, in times of full internal peace and concord,

is armed against law. A continued and open usurpation of the crown is

permitted amidst the greatest jealousy and watchfulness in the people;

nay, proceeding from those very principles, liberty, in a country of

the highest liberty, is left entirely to its own defence without any

countenance or protection; the wild state of nature is renewed in one

of the most civilized societies of mankind; and great violences and

disorders among the people, the most human and the best-natured, are

committed with impunity; while the one party pleads obedience to the

supreme magistrate, the other the sanction of fundamental laws.

NOTES, OF SOME REMARKABLE CUSTOMS.

[34] His harangue for it is still extant: περι Συμμοριας.

[35] Plutarchus in _vita decem oratorum_. Demosthenes gives a different

account of this law. (_Contra Aristogiton, Orat. II._) He says that its

purport was to render the ατιμοι επιτιμοι, or to restore the privilege

of bearing offices to those who had been declared incapable. Perhaps

these were both clauses of the same law.

[36] The senate of the Bean was only a less numerous mob chosen by lot

from among the people, and their authority was not great.

[37] _In Ctesiphontem._ It is remarkable that the first step after the

dissolution of the Democracy by Critias and the Thirty was to annul the

γραφη παρανομων, as we learn from Demosthenes κατα Τιμοκ. The orator

in this oration gives us the words of the law establishing the γραφη

παρανομων, p. 297, _ex edit._ _Aldi_. And he accounts for it from the

same principles we here reason upon.

[38] Essay on the Freedom of Wit and Humour, part 3, § 2.

OF THE POPULOUSNESS OF ANCIENT NATIONS.​[39]

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