CHAPTER IX.

SECRET ACCUSATIONS.

Palpable but consecrated abuses, which in many nations are the necessary

results of a weak political constitution, are Secret Accusations. For

they render men false and reserved, and whoever may suspect that he sees

in his neighbour an informer will see in him an enemy. Men then come to

mask their real feelings, and by the habit of hiding them from others

they at last get to hide them from themselves. Unhappy they who have come

to that; who, without clear and fixed principles to guide them, wander

lost and confused in the vast sea of opinions, ever busied in saving

themselves from the horrors that oppress them, with the present moment

ever embittered by the uncertainty of the future, and without the lasting

pleasures of quiet and security, devouring in unseemly haste those few

pleasures, which occur at rare intervals in their melancholy lives and

scarcely console them for the fact of having lived! Is it of such men we

can hope to make intrepid soldiers, defenders of their country and crown?

Is it among such men we shall find incorrupt magistrates, able with their

free and patriotic eloquence to sustain and develop the true interests

of their sovereign, ready, with the tribute they bear, to carry to the

throne the love and blessings of all classes of men, and thence to bring

back to palaces and cottages alike peace and security, and that active

hope of ameliorating their lot which is so useful a leaven, nay, which is

the life of States?

Who can protect himself from calumny, when it is armed by the strongest

shield of tyranny, secrecy? What sort of government can that ever be

where in every subject a ruler suspects an enemy, and is obliged for the

sake of the general tranquillity to rob each individual of its possession?

What are the pretexts by which secret accusations and punishments are

justified? Are they the public welfare, the security and maintenance of

the form of government? But how strange a constitution is that, where

he who has force on his side, and opinion, which is even stronger than

force, is afraid of every citizen! Is then the indemnity of the accuser

the excuse? In that case the laws do not sufficiently defend him; and

shall there be subjects stronger than their sovereign? Or is it to save

the informer from infamy? What! secret calumny be fair and lawful, and an

open one deserving of punishment! Is it, then, the nature of the crime?

If indifferent actions, or even useful actions, are called crimes, then

of course accusations and trials can never be secret enough. But how

can there be crimes, that is, public injuries, unless the publicity of

this example, by a public trial, be at the same time the interest of

all men? I respect every government, and speak of none in particular.

Circumstances are sometimes such that to remove an evil may seem utter

ruin when it is inherent in a national system. But had I to dictate new

laws in any forgotten corner of the universe, my hand would tremble and

all posterity would rise before my eyes before I would authorise such a

custom as that of secret accusations.

It has already been remarked by Montesquieu that public accusations are

more suited to republics, where the public good ought to be the citizens’

first passion, than to monarchies, where such a sentiment is very feeble,

owing to the nature of the government itself, and where the appointment

of officers to accuse transgressors of the law in the name of the public

is a most excellent institution. But every government, be it republican

or monarchical, ought to inflict upon a false accuser the same punishment

which, had the accusation been true, would have fallen upon the accused.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 9 / 42 章