We read in several modern books, that with good laws we should always

have morality sufficient; but I cannot adopt this opinion. Man is a

being so compounded, and his relations with his species are so various

and so fine, that to regulate his mind, and direct his conduct, he has

need of a multitude of sentiments, on which the commands of the

sovereign have not any hold; they are all simple and declared duties,

which the legislators have reduced to precepts, and this rough building,

termed civil laws, leaves vacancies throughout. The laws require merely

a blind obedience; and as they enjoin and defend only actions, are

absolutely indifferent to the private sentiments of men; the moral

edifice which they raise is in several parts a mere exterior form, and

it is at the roof, if I may say so, that they have begun. Religion

proceeds in a manner diametrically opposite; it is in the heart, it is

in the recesses of conscience, that it lays its first base; it appears

to be acquainted with the grand secrets of nature; it sows in the earth

a grain, and this grain is nourished, and transformed into numerous

branches, which, without any effort, spring up, and extend themselves to

all dimensions and in every kind of form.

I will suppose, nevertheless, that we believed it sufficient for the

maintenance of public order, to reduce morality to the spirit of civil

laws, it would still be out of the power of men to draw from this

assimilation familiar instructions proper to form a code of education;

for these laws, simple in their commands, are not so in their

principles. We perceive not immediately why revenge, the most just, is

prohibited; why we have not the power to do ourselves justice by the

same means a ravisher would use; why we have not a right to resist with

violence the tyrannic oppressor; in short, why certain actions, some

indifferent in themselves, and some hurtful to others, are condemned in

a general and uniform manner: a kind of combination is necessary to

discover, that the legislator himself is wandering from natural ideas,

in order to prevent every person from being a judge in his own cause,

and to avoid that, those exceptions and distinctions, of which every

circumstance is susceptible, might never be determined by the judgment

of individuals. In the same manner, from those indirect motives, the

laws treat with more rigour an offence difficult to define, than a

disorder more reprehensible in itself; but of which the excesses might

be easily perceived: and they observe still the same rule with respect

to crimes which are surrounded by greater allurements, though this

seduction is even a motive for indulgence in the eyes of simple justice;

in short, the laws, in adopting a more determinate method, to constrain

debtors to the discharge of their obligations, prove that they are not

compassionate to unforeseen misfortunes, nor actuated by other motives

of equity which merit an equal interest; all their attention is fixed on

the relation of engagements with the political resources, which arise

from commerce and its transactions. There exists thus a multitude of

prohibitions of punishments, or gradations in the penalties, which have

not any connexion but with the general views of the legislation, and

agree not with the circumscribed good sense, which determines the

judgment of individuals. It is then often, by considerations very

extensive and complicated, that an action is criminal or reprehensible

in the eyes of the law: thus, we know not how to erect, on this base

alone, a system of morality, of which every one can have a clear

perception; and since the legislator carefully avoids submitting any

thing to private examination, because he sacrifices often to this

principle natural justice, how then can he wish, at the same time, to

give us for a rule of conduct a political morality, which is all founded

on reasoning?

It is of consequence still to observe, that to the eyes of the greater

number of men, the sense of the laws, and the decrees formed by those

who interpret them, ought necessarily to be identified and blended, and

form only one point of view; and as the judges are frequently exposed to

error, the true spirit of legislation remains often in obscurity, and we

with difficulty discern it.

It is, perhaps, because laws are the work of our understanding, that we

are disposed to grant them a universal dominion: but I will avow, I am

far from thinking that they can ever be substituted instead of the

salutary influence of religion, and that I believe them insufficient

even to regulate the things immediately under their jurisdiction; thus I

would request you to reflect, if the unfortunate errors with which we

reproach criminal tribunals, have not their source in the faults

committed by sovereign authority; when it has referred all the duties of

the judges to the injunctions of the law, and when it has refused to

confide any longer in the conscience and private sentiments of the

magistrates.

Let us render this observation more clear by a single example chosen

from a number. We demand at present, that the legislator explain himself

afresh on the grand question, what witnesses are necessary? but will he

not always run the risk of being deceived, whether he absolutely rejects

a probable evidence, or whether he makes the fate of a criminal depend

upon it? How will he determine, that the testimony of an honest man,

identifying the person of an assassin, in his own cause, should not be

reckoned any thing by the judge; and how can he pretend also, that a

testimony of this nature is sufficient to determine a condemnation, when

he who gives the evidence appears suspicious, either from the motives,

which we must suppose actuate him, or from the improbability of his

assertion? Reason is then placed between two extremes; but intermediate

ideas not being consonant with the absolute language of law, we ought,

in such circumstances, to leave much to the wisdom and integrity of the

magistrates; and so far from serving innocence by acting otherwise, we

visibly endanger it; because judges habituate themselves to render the

laws responsible for every thing, and respectfully submit to the letter,

instead of obeying the spirit, which is the earnest desire of obtaining

truth. What then, some will say, would you wish that there should be no

positive instructions, neither to serve for a guide in the examination

of crimes, nor to determine the character by which these crimes may be

distinguished? This was never in my mind; but I could wish, that in an

affair of such serious importance, they would unite to the judgment

which proceeded from the prudence of the legislator, that which may be

brought by the wisdom of the judges; I could wish, that the criminal

legislation prescribed to the magistrates, not all that they are obliged

to do, but all from which they are not exempt; not all that is

sufficient to determine their opinion, but all which ought to be the

indispensable condition of a capital punishment. Guided by such a

spirit, the commands given by the law, would be a safeguard against the

ignorance, or possible prevarication of the judges; but as any general

rule, any immutable principle, is not applicable to an infinite

diversity of circumstances, I would give to innocence a new defender,

interesting in a more immediate manner the morality of the judges to

search for and examine the truth, and to recal continually all the

extent of their obligations; I could wish, that previous to their

passing a sentence of condemnation, raising one of their hands towards

heaven, they pronounced with earnestness these words: “I attest, that

the man accused before us, appears to me guilty, according to the law,

and according to my own private judgment.” It is not sufficient, that we

command a judge to examine with probity, if the proofs of an offence,

are conformable to those required by the statute; it is necessary to

inform a magistrate, that he ought to enquire into the truth by all the

means that scrupulous anxiety can suggest; he should know, that, called

to decide on the life and the honour of men, his understanding and his

heart, ought to be enlisted in the cause of humanity, and that there are

not any limits opposed to bound his duty; then, without failing in any

of the enquiries ordained by the laws, he would force himself to go

still further, that no evidence proper to make an impression on a

reasonable man might be rejected, at the same time, that none might have

so decisive a force, that the examination of circumstances would ever

appear useless; the judges then would make use of that sagacity, which

seems to discern instinctively; they would not then disdain to read even

the looks of the accuser and the accused, and they would not believe it

a matter of indifference to observe with attention, all those emotions

of nature, where sometimes truth is painted with so much energy; then,

in short, innocence would be under the protection of something as pure

as itself, the scrupulous conscience of a judge.

We have never, perhaps, sufficiently considered how much a methodical

order, when we confine ourselves too servilely to it, contracts the

bounds of the mind; it becomes then like a foot-path traced between two

banks, which prevents our discovering what is not in a strait line. The

strict observance of method diverts us also from consulting that light,

sometimes so lively, of which the soul only is the focus; for in

subjecting us to a positive course of things always regular, and in

making us find pleasure in a determined path, which offers continual

repose to our thoughts, it incapacitates for thinking that delicate

perception of natural sentiments, which has nothing fixed or

circumscribed, but whose free flight often makes us approach to truth,

as by a kind of instinct or inspiration.

I should stray too far from my subject, if I extended these reflections,

and I hasten to connect them with the subject of this chapter, in

repeating again, that if the laws are insufficient, even in those

decisions submitted to their authority, and if the they have absolute

need of the aid of religion, whenever they impose on their private

expounders duties a little complicated; they would be still less able to

supply the habitual and daily influence of that motive, the most

powerful of all, and the only one at the same time, of which the action

will be sufficiently penetrating to follow us in the mazes of our

conduct, and in the labyrinth of our thoughts.

I ought now to direct your attention towards other considerations. All

that is required by public order, all that is of importance to society,

some will say, is, that criminals may not escape the sword of justice,

and that an attentive superintendance discover them under the cloud

where they seek to conceal themselves. I will not here recal the various

obstacles, which are opposed to the plenitude of this vigilance; every

one may perceive them, or form an idea of them; but I hasten to observe,

that in considering society in its actual state, we ought not to forget,

that religious sentiments have greatly diminished the talk of

government; a scene quite new would open, if we had for our guide only

political morality; it would not then be a few men without principles,

who would trouble the public order, more able actors would mix in the

throng, some conducted by mature reflection, and others, carried away by

seducing appearances, would be incessantly at war with all those, whose

fortune excited their jealousy; and then only we should know how many

opportunities there are of doing evil, and injuring others. It would

also happen, that all these enemies of public order not being

disconcerted by the reproaches of their conscience, would become every

day more expert in the art of avoiding the observation of justice; and

the dangers to which the imprudent exposed themselves, would not

discourage the ingenious.

It is then, if I may be permitted so to express myself, because the laws

find men in a healthy state, prepared by religious instruction, that

they can restrain them; but if a system of education merely political

was ever to prevail, new precautions and new chains would become

absolutely necessary, and after having freed us from the mild ties of

religion, the projectors of such a system would increase our civil

slavery, would bend our necks under the hardest of all yokes, that which

is imposed by our fellow-creatures.

Religion, whose influence they wish us to reject, is better appropriated

than they think, to the mixture of pride and weakness, which constitutes

our nature, and for us, such as we are; its action is far preferable to

that of the penal laws; it is not, before his equals, armed with the rod

of vengeance, that the culprit is made to appear; it is not to their

ignorance, or to their inexorable justice, that he is abandoned; it is

at the tribunal of his own conscience, that religion informs against

him; before a God, sovereign of the world, that it humbles, and in the

name of a tender and merciful Father that it comforts him. Alas! while

you at once take from us both our consolation and our true dignity, you

wish to refer every thing to private interest and public punishment; but

permit me to listen to those commands which come from on high; leave me

to divert my attention from the menacing sceptre which the potentates of

the earth weild in their hand; leave me to account with Him, before whom

they shrink into nothing; leave me, in short, to address myself to him

who pardons, and who, at the moment I have offended, permits me still to

love him, and rely on his grace!—Alas! without the idea of a

God,—without this connexion with a Supreme Being, author of all nature,

we should only listen to the vile counsels of selfish prudence, we

should only have to flatter and adore the rulers of nations, and all

those who in an absolute monarchy, are the numerous representatives of

the authority of the prince; yes, talents, sentiments, ought to bend

before these distributors of so much good and evil, if nothing exists

beyond worldly interest; and when once every one cringes, there is no

more dignity in the character, men become incapable of any great action,

and unequal to any moral excellence.

Religious opinions have the double merit of maintaining us in the

obedience due to the laws and the soveriegn, and of nourishing in our

hearts a sentiment which sustains our courage, and which reminds men of

their true grandeur; teaches submission without meanness, and prevents,

above all, cowardly humiliations before transitory idols, in showing at

a distance the last period, when all must return to an equality before

the Master of the World.

The idea of a God, at the same distance from all men, serves also to

console us for that shocking superiority of rank and fortune under the

oppression of which we live; it is necessary to transport ourselves to

the heights religion discovers, to consider with a kind of calmness and

indifference the frivolous pretentions of some, and the confident

haughtiness of others; and such objects of regret, or of envy, which

appeared a Colossus to our imagination, are changed into a grain of

sand, when we contrast them with the grand prospects which such sublime

meditations display to our view.

They are then blind, or indifferent to our interest, who wish to

substitute, instead of religious instructions, political and worldly

maxims; and in like manner, those are inflexible and unfeeling, who

believe they shall be able to conduct men only by terror; and who, in

contesting the salutary influence of religious opinions, expect less

from them than the axe of the lictors, and the apparatus of execution.

What is then this wretched system? For supposing even that the different

means of securing public tranquillity were equal in their effect, should

we not prefer religious principles, which prevent crimes, to the strict

laws which punish them? I understand not besides, how, with the same

hand that they repel religious sentiments, they wish to raise every

where scaffolds, and multiply, without scruple, those frightful theatres

of severity; for if men, hurried onwards to crimes, were only governed

by blind necessity, alas! what do they deserve? And if we still

determine to destroy them as examples, we should assist at their

execution, as at that of beings devoted for the good of society, as

Iphigenia was sacrificed at Aulis for the salvation of Greece.

Religion is, in another respect, superior to the laws, which are ever

armed for vengeance; instead of that, religion, even when threatening,

nourishes also the hopes of pardon and felicity; and I believe, contrary

to the generally received opinion, that man, by his nature, is more

constantly animated by hope, than restrained by fear; the former of

these sentiments compose the tenor of our life, whilst the latter is the

effect of an extraordinary circumstance, or particular situation; in

short, courage, or want of consideration, turns our attention from

danger, whilst ideas of happiness are perpetually present, and blended,

if I may use the expression, with our whole existence.

I perceive, however, that some may say to me, it is not only of civil

and penal laws that we mean to speak, when we maintain that good public

institutions would be an efficacious substitute for the influence of

religion; it would be necessary to introduce laws of education, proper

to modify, beforehand, the mind and form the character. But they have

not explained, and I am ignorant that there are such laws, which they

wish to distinguish from the general doctrines we are acquainted with;

doctrines susceptible, undoubtedly, of different degrees of perfection,

which, before instructing us not only in the virtues simple and real,

but in all those mixed and conventional, have necessarily a vague

character, and could not separate themselves from the support that they

borrow from the fixed and precise ideas of religion. They may cite the

example of Sparta, where the state undertook the education of the

citizens, and formed by laws the extraordinary manners which history has

delineated; but that government, aided in this enterprize by all the

influence of paternal authority, nevertheless proposed but two great

objects, the encouragement of martial qualities, and the maintenance of

liberty: morality was not made interesting, though among us it requires

so much application; and it was rendered less necessary, as every

institution tended to introduce a perfect equality of rank and fortune,

and opposed all kind of communication with foreigners. In short, it was,

after all, a religious opinion which subjected the Spartans to the

authority of their legislator; and without their confidence in the

oracle of Delphos, Lycurgus had only been a celebrated philosopher.

We are still further, at present, from the disposition and situation

which would allow laws of education to govern us, supported only by a

political spirit; in order to make the trial, we must be divided into

little associations; and by some means, not yet discovered, be able to

oppose invincible obstacles to the enlargement of them, and to preserve

us from the desires and voluptuousness which are the inevitable

consequence of an augmentation of wealth, and the progress of the arts

and sciences: in short, and it is a singular remark, at a period when

man is become a being the most compounded, on account of these social

modifications, he has need, more than ever, of a principle which will

penetrate to the very source of his numerous affections; consequently it

would be necessary suddenly to carry him back to his primitive

simplicity, to make him agree, in some measure, with the limited extent

of an education purely civil. Let me add, that a like education could

not be adapted to the commonalty, as in Sparta; they must be separated

from the citizens, and kept in servitude: an observation which leads me

to a very important reflection; it is, that in a country where slavery

would be introduced, where the most numerous class would be governed by

the continual fear of the severest chastisement, they would be able to

confide more in the mere ascendency of political morality; for this

morality only having to keep in order the part of society represented by

those who have property, the task would not be difficult; but among us,

where happily all men, without any distinction, are subject to the yoke

of the law, an authority so extensive, must necessarily be strengthened

and seconded by the universal influence of religious opinions.

I shall conclude this part of my subject by one reflection more;

supposing, even in the sovereign authority, an exertion sufficiently

general to prevent or repress evil, religion would still have this great

advantage, that it inculcates the beneficent virtues, which the laws

cannot reach; and yet, in the actual state of society, it is become

impossible to omit those virtues. It is not sufficient to be just, when

the laws of property reduce to bare necessaries the most numerous class

of men, whose weak resources the most trivial accident disconcerts; and

I hesitate not to say, that such is the extreme inequality established

by these laws, that we ought at present to consider the spirit of

beneficence and forbearance, as constituting a part of social order; as

in all places and times, it softens by its assistance the excess of

wretchedness, and by an innumerable multitude of springs spreads itself

as the vital juice, through forlorn beings, whom misery had almost

exhausted. But if this spirit, properly intermediate between the rigour

of civil rights, and the original title of humanity, did not exist, or

should ever be extinct, we should see all the subordinate ties relax

imperceptibly; and a man, loaded with the favours of fortune, never

presenting himself to the people under the form of a benefactor; they

would more forcibly feel the great extent of his privileges, and would

accustom themselves to discuss them. Men must then find a way of

moderating the despotism of fortune, or render homage to religion,

which, by the sublime idea of an exchange between the blessings of

heaven and earth, obliges the rich to give what the laws cannot demand.

Religion then comes continually to assist the civil legislation, it

speaks a language unknown to the laws, it warms that sensibility which

ought to advance even before reason; it acts like light and interior

warmth, as it both enlightens and animates; and what we have not

sufficiently observed, is, that in society its moral sentiments are the

imperceptible tie of a number of parts, which seem to be held by their

own agreement, and which would be successively detached, if the chain

which united them was ever to be broken: we shall more clearly perceive

this truth, in the examination we are going to make of the connexion of

opinion with morality.

When we imagine we should be able to subject men to the observance of

public order, and inspire them with the love of virtue, by motives

independent of religion, we propose, undoubtedly, to put in action two

powerful springs; the desire of esteem and praise; and the fear of

contempt and shame. Thus, to follow my subject in all its branches, I

ought necessarily to examine what is the degree of force of these

different motives, and what is also their true application. I have

already spoken, in other works of mine, of the opinion of the world, and

of its salutary effects; but the subject I am now treating obliges me to

consider it under a different point of view, and it is by placing myself

behind the scene, that I shall be able to fulfil this task.

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