CHAPTER VII.

DUTIES TOWARD THE STATE.

SUMMARY.

=Three groups of societies among men:= _Humanity_, _the family_, _the

country_, _or the State_.

=Analysis of patriotism.=

_Foundation of the State._--Law and rights. Public authority:

distinction between society and the State. The three powers.

Sovereignty. The right of punishment.

=Duties toward the State:= 1. _Obedience to the laws._--The _Crito_ of

Plato. Pretended exceptions to this principle. Criticising the laws is

not disobedience.

2. _Respect to magistrates._--The magistrates being the

representatives of the laws, to respect them is to respect the law

itself; to insult them is to insult the law.

3. _The ballot._--Obligation to vote. The character of the ballot: 1,

_disinterested_; 2, _free_; 3, _enlightened_.

4. _Taxes._--Immorality of frauds against the State.

5. _Military service._--Legal and moral obligation. Attempts to escape

it: 1, by mutilations; 2, by simulated infirmities; 3, by desertion;

want of discipline.

6. _Educational obligation._

=Civil courage.=--Noted example: Boissy d'Anglas.

=75. Three groups of societies.=--Cicero and Fenelon remark that there are

three sorts of societies among men: the first comprises the whole of

_humanity_; the last, which is the most circumscribed, is what is called

the _family_. But between the family and the human race in general, there

is an intermediate society, larger than the one and more circumscribed

than the other, and this is what is called the _country_.

=76. Patriotism.=--The sentiment which binds us to the country, and which,

articulated, becomes a _duty_, is what is called _patriotism_. We have

already given elsewhere,[59] an analysis of patriotism. Let us repeat what

we have said:

Patriotism is one of our most complex sentiments: it is in fact

composed of many distinct elements: it is, in the first place, the

_love of the soil_ where we were born; and this soil is at first the

narrow territory where our youth passed, and which we embraced entire

with the eyes and recollections: it is the native village, the native

city. But if this is the first sense of country, it falls far short of

embracing the whole country. The love for the native church steeple is

not patriotism: it is even its opposite often. The soil must extend,

widen, and from the natal house, must gradually embrace, by successive

additions, the village, the town, the county, the province, the whole

country. But what is to determine the extent of this territory? Who is

to decide that it shall go so far and no farther? There enter into it

many elements: first, the inhabitants, the fellow-citizens,

fellow-countrymen; a soil deserted would not be a country; to the love

of the territory there must be added the love of those who inhabit it

with us, or of our _fellow-countrymen_; to the nomadic people the

country is only their tribe. Conversely, the citizens without the soil

are not the country either, for exile in common is not the less exile.

Finally, the union of soil and fellow-citizens may still not be the

country, at least not all the country; a conquered nation may preserve

its soil and its inhabitants, and have lost the country: as Poland,

for instance. What, then, are the ties to determine the existence of a

country? There are a large number of them, such as _the unity of

language_, _the unity of laws_, _the unity of the flag_, _historic

tradition_, and, finally, above all, the _unity of government_ and of

an accepted government. A country exists only where there is an

independent political state. This political unity does not suffice

when the other ties are wanting; when it is a constraint, when peoples

united under the same government have different manners, customs,

traditions; conversely, unity of language and community of habits,

will neither be sufficient when the political unity or a certain form

of political unity is wanting. But what, before everything else,

constitutes the country, is a common spirit, a common soul, in short,

a common name, which fuses into one all these separate facts of which

no single one is absolutely necessary, but of which each forms an

additional element to the strength of the country. Finally, as a last

condition, the association which is to become a country must not, as

was the case with the Roman empire, extend over too much territory;

for beyond certain limits, patriotism relaxes.

Nature has endowed us with this sentiment of patriotism. There is no one

that does not love his country better than other countries, that is not

flattered by national glory, that does not suffer from the humiliations

and miseries of his native country. But this sentiment is more or less

strong, according to temperaments. Often it is nothing more than a

sentiment, and does not express itself in actions. It is the reflective

faculties which make of patriotism a duty, which duty demands that

sentiment pass into action; demands of all the citizens the same acts,

whatever be the personal inclinations of each.

The duties imposed on each man in regard to the particular society of

which he is a member, are called _civil_ duties. He, himself, in regard to

this society, is what is called a _citizen_; finally, the society itself,

considered as one and the same person, of which the citizens are the

members, is what is called the _State_ or the _city_.

On the whole, there is no difference between _country_ and _State_.

Country is at the same time _Society_ and _soil_. It is called by that

name (State) when looked upon in the light of a family of which the

citizens are the children, and also when considered in its relations with

other nations and other societies. The State is that same society

considered interiorly and in itself, not as to its soil and territory, but

as to the members that compose it, and in as far as these members form one

and the same body and are governed by laws. The country is a more concrete

and more vivid expression, which appeals more to the feelings; the State

is a more abstract expression, which addresses itself to reason. Besides,

we shall understand better what is meant by the State, when we shall have

explained the nature of public authority and the laws.

=77. Foundation of the State--Rights.=--To understand the nature of the

State and what is called _authority_, _sovereignty_, _magistracy_, _law_,

one must begin with the notion of rights and of the different kinds of

rights.

Duty is the law which imposes on us obligations either toward ourselves or

toward others; it is a _moral necessity_ (p. 11). _Rights_ is the _power_

we have to exercise and develop our faculties conformably to our destiny,

provided we allow other men the same power: it is a _moral power_

(Leibnitz). Each man, by reason of his enjoying liberty and intelligence,

is a _person_, and should not be treated as a _thing_. "Man is a thing

sacred to man," said the ancients. He is inviolable in his personality and

in all that constitutes the development of his personality.

Thence follows an immediate consequence: it is, that every man being man

by the same title, no one can claim for himself a right which he is not

willing to recognize at the same time in another; hence the _equality of

rights_. Besides, the liberty of one cannot, without contradiction,

suppress the liberty of another, whence this other definition: Right is

the _accord of liberties_.

=78. The rights of man.=--What are the principal rights of man? They are:

the right of _self-preservation_; the right of going and coming, or

_individual liberty_; the _liberty of work_; the _right of property_; the

_liberty of thought_; the _liberty of conscience_; the _right of family_,

etc.

We have also seen that man (p. 52) has a final right which is the guaranty

and the sanction of all others; it is the right of preventing by force

every attempt at his rights; to _constrain_ others to respect his rights,

and lastly, to _punish_ every violation of his rights. This is what is

called the _right of self-defense_.

=79. Public authority.=--Man having, as we have just seen, the right of

self-defense by opposing force to any attack, possesses, when alone, and

far from all human help, this right in all its plenitude. But it is easy

to see the dangers and inexpediency of such a right in a society. Each

man, in fact, when he meets with opposition to his will and desires,

always thinks himself injured in his rights. If every one were free to

defend himself in all circumstances, the right of self-defense would keep

men constantly under arms; and society, without a regulating power to

check their doings, would soon, as the philosopher Hobbes expressed it, be

"_the war of all against all_." Hence the necessity of the State--that is

to say, of a _disinterested power_--taking in hand the defense of all, and

insuring the proper exercise of the right of self-defense by suppressing

its abuses. This is what is called _public authority_.

=80. Society and the State.=--We must distinguish between _society_ and the

_State_, or _natural_ society and _civil_ society.

Society is the union which exists between men, without distinction of

frontiers--without exterior restraint--and for the sole reason that they

are men. An Englishman and an Indian, as Locke says, meeting in the waste

forests of America (Robinson and Friday), are, from the fact alone of

their common nature, in a state of society.

The _civil society_ or _State_ is an assemblage of men subject to a common

_authority_, to common _laws_--that is to say, a society whose members may

be constrained by public force to respect their reciprocal rights.

=81. The three powers.=--There results from that, that two necessary

elements enter into the idea of the State: _laws_ and _force_. The laws

are the general rules which establish beforehand and fix after

deliberation, and abstractly, the rights of each; force is the physical

restraint the public power is armed with to have the laws executed. Hence

two _powers_ in the State, the _legislative_ power and the _executive_

power--one that makes the law; the other that executes it, and to which

may generally be added a third, namely, _judiciary_ power, which, on its

part, is empowered to apply and interpret the law.[60]

=82. Sovereignty.=--These three powers emanate from a common source which

is called _sovereign_. In all States, the sovereign is the authority which

is in possession of the three preceding powers and delegates them. In an

absolute monarchy, the sovereign is the monarch, who of himself exercises

the legislative and executive power, sometimes even the judicial power. In

a democracy, the sovereign is the universality of the citizens, or the

_people_, which delegates the three powers, and even in some cases

exercises them.

As to the basis of sovereignty, two systems face each other: the _divine

right_ and the _sovereignty of the people_. In the first, the authority

emanates from God, who transmits it to chosen families; in the second,

societies, like individuals, are free arbiters, and belong to themselves;

they are answerable for their destinies; and this can only be true of the

entire society; for why should certain classes rather than others have the

privilege to decide about the fate of each? The sovereignty of the people

is then nothing else than the right of each to participate in public

power, either of himself or through his representatives. This principle

tends more and more to predominate in civilized States.

=83. Political liberty.=--Political liberty means all the guaranties which

insure to every citizen the legitimate exercise of his natural rights;

political liberty is, then, the sanction of civil liberty.

The principal of these guaranties are: 1, the _right of suffrage_, which

insures to every one his share of sovereignty; 2, the _separation of

powers_, which puts into different hands the _executive_, _legislative_,

and _judicial_ powers; 3, the _liberty of the press_, which insures the

right of minorities, and allows them to employ argument to change or

modify the ideas and opinions of the majority.

=84. The right of punishment.=--The right of punishment in a State is

nothing else than the right of restraint, which, as we have already seen,

is inherent in the very idea of the State; for the State only exists to

insure to each the exercise of his rights, and it can only do so by

restraint and the use of force. How far can this right of force go? Can

it, for example, go so far as the taking of life even? This is a mooted

question between publicists, and upon which we have, moreover, already

expressed ourselves (p. 55 _et seq._).

After having in these summary views resolved the principle upon which the

State rests,[61] and the essential elements which enter into the idea, we

are better prepared to approach what constitutes the object proper of

civil morality, namely, the duties of citizens toward the country or the

State.

=85. Civil duties.=--These duties are the following: _Obedience to the

laws_; _respect of magistrates_; _the ballot_; _military service_;

_educational obligations_.

=86. Obedience to the laws.=--The first of the civil duties, is _obedience

to the laws_. The reason is evident. The State rests on the law. It is the

law which substitutes, for the will of individuals, always more or less

carried away by passion or governed by self-interest, a general,

impartial, and disinterested rule. The law is the guaranty of all: it

opposes itself to force, or rather puts force in the service of justice,

instead of making of justice the slave of force. Pascal says: "Not being

able to make that which is just, strong, men have wished that what is

strong should be just." This is the jest of a misanthrope. Certainly the

laws are not always as just as they might be, despite the efforts made to

render them so: the reason of it is, the extreme complexity of interests

between which it is difficult to find a true balance and just equilibrium;

but such as they are, they are infinitely more just than the right of the

strongest, which would alone reign if there were no laws.

The empire of the laws is then that which secures _order_ in a society,

and consequently procures for each of its members security and peace, and

through these, the means of devoting himself to his work, whether

intellectual or material, and of reaping the fruits thereof.

At the same time that the law guarantees order within, it also insures the

independence of the nation from without. For a nation without laws, or

which no longer obeys its laws, falls into anarchy and becomes the prey of

the first conqueror who presents himself, as is shown by the history of

Poland.

It is especially in democratic or republican states, that obedience to the

laws is necessary, as it is there the most difficult.

Montesquieu has shown with great sagacity the difficulty and thereby the

necessity of obedience to the laws in a democracy; in fact, what in other

governments is obtained by constraint, in a democracy depends only upon

the will of the citizens.

"It is clear," says Montesquieu, "that in a monarchy, where he who

causes the laws to be executed is above the laws, there is less virtue

requisite than in a popular government, where he who causes the laws

to be executed, feels that he is himself subject to them, and will

have to bear the consequence of their violation.

"It is further clear that a monarch who, through bad advice or

negligence, ceases to have the laws executed, may easily repair the

evil; he has but to change counselors or correct himself of his

negligence. But when in a popular government, the laws have ceased to

be executed, as this can only happen through the corruption of the

republic, the State is already lost."

Montesquieu then describes, in the strongest and liveliest colors, a

republican state where the laws have ceased to be enforced.

"They were free with the laws; they wish to be free without them. Each

citizen is as a slave escaped from the house of his master. What

before was called _maxim_, is now called _severity_; what was _rule_

is now annoying _restraint_; what was _attention_, is now _fear_. The

republic has become booty, and its strength is no longer anything more

than the power of a few and the license of all."

In the republics of Athens and Rome, as long as they were prosperous and

great, the empire of the laws was admirable. Socrates, in his prison, gave

of this a sublime example. He was unjustly condemned by his

fellow-citizens to drink the hemlock, namely, to die by poison. Meanwhile,

his friends pressed him to resort to flight; and everything leads to the

belief that this would have been quite easy, as the judges themselves

almost wished to be relieved of the responsibility of his death. Yet

Socrates resisted, and refused to employ this means of safety. The

principal reason given by him was, that, having been condemned by the laws

of his country, he could save himself only by violating these laws.

This is what Plato has expressed in the dialogue entitled _Crito_. The

laws of the country are represented as addressing a speech to Socrates; it

is called the _Prosopopoeia[62] of Crito_:

"Socrates," they will say to me, "was that our agreement, or was it

not rather that thou shouldst submit to the judgments rendered by the

republic?... What cause of complaint hast thou against us that thou

shouldst try to destroy us? Dost thou not, in the first place, owe us

thy life? Was it not under our auspices that thy father took to

himself the companion that gave thee birth? If thou owest us thy birth

and education, canst thou deny that thou art our child and servant?

And if this be so, thinkest thou thy rights equal to ours; and that

thou art permitted to make us suffer for what we make thee suffer?

What! in the case of a father or a master, if thou hadst one, thou

wouldst not have the right to do to him what he would do to thee; to

speak to him insultingly if he insulted thee; to strike him, if he

struck thee, nor anything like it; and thou shouldst hold such a right

toward thy country! and if we had sentenced thee to death, thinking

the sentence just, thou shouldst undertake to destroy us!... Does not

thy wisdom teach thee that the country has a greater right to thy

respect and homage, that it is more august and more wise before the

gods and the sages, than father, mother, and all ancestors; that the

country in its anger must be respected, that one must convince it of

its error through persuasion, or obey its commands, suffer without

murmuring whatever it orders to be suffered, even to be beaten and

loaded with chains?... What else then dost thou do?" they would

proceed to say, "than violate the treaty that binds thee to us, and

trample under foot thy agreement?... In suffering thy sentence, thou

diest an honorable victim of the iniquity, not of the laws, but of

men; but if thou takest to flight, thou repellest unworthily injustice

by injustice, evil by evil, and thou violatest the treaty whereby thou

wert under obligation to us: thou imperilest those it was thy duty to

protect, thou imperilest thyself, thy friends, thy country, and us. We

shall be thy enemies all thy life; and when thou shalt descend to the

dead, our sisters, the laws of Hades, knowing that thou hast tried thy

best to destroy us here, will not receive thee very favorably."

_Pretended Exceptions._--The duty of obedience to the laws must then be

admitted as a principle; but is this duty absolute? is it not susceptible

of some exceptions? A learned theologian of the XVI. century, a Jesuit,

Suarez (_Traite des lois_, III., iv.), admits three exceptions to the

obedience due to the law: 1, if a law is unjust--for an unjust law is no

law--not only is one not obliged to accept, but even, when accepted, one

is not obliged to obey it; 2, if it is too hard; for then one may

reasonably presume that the law was not made by the prince with the

absolute intention that it should be obeyed, but rather as an experiment;

now, under this supposition one can always begin by not observing it;--3,

if, in fact, the majority of the people have ceased to observe it, even

though the first who had commenced should have sinned; the minority is not

obliged to observe what the majority has abandoned: for one cannot suppose

the prince to intend obliging such or such individuals to observe it, when

the community at large have ceased observing it.

These exceptions, proposed by Suarez, are inadmissible, at least the two

first. To authorize disobedience to unjust laws is introducing into

society an inward principle of destruction. All law is supposed to be

just, otherwise it is arbitrariness and not law. Every man finds always

the law that punishes him unjust. If there are unjust laws, which is

possible, we must ask their abrogation; and, in these our days, the

liberty of the press is ready to give satisfaction to the need of

criticism; but, in the meantime, we must obey. The second exception is not

tenable either. To say that it is permitted to disobey a law when it is

too hard, in supposing that the prince only made it for an experiment, is

to permit the eluding of all the laws: for every law is hard for somebody;

and there is, besides, no determining the hardness of laws. Such an

appreciation is, moreover, fictitious; a prince who makes a law is

supposed _a priori_ to wish it executed: to say that he only meant to try

us therewith is a wholly gratuitous invention. Certainly one may by such

conduct succeed in wearing a law out when the prince is feeble; but it is

not the less unjust, and no State could resist such a cause of

dissolution. As to the third exception, it can be admitted that there are

laws fallen into disuse, and which are no longer applied by any one

because they stand in contradiction to the manners, and are no longer of

any use; but, except in such case, it is nowise permitted to say that it

is sufficient for the majority to disobey to entitle the minority to do

the same. For instance, if it pleased the majority to engage in smuggling,

or to make false declarations in the matter of taxes, it would nowise

acquit the good citizens from continuing to fulfill their duty.

Now, if it is an absolute duty to obey a law, we must, at the same time,

admit as a corrective, the right of criticising the law. This right is the

right of the minority, and it is recognized to-day in all civilized

countries. A law may, in fact, be unjust or erroneous: it may have been

introduced by passion, by party-spirit; even without having been

originally unjust, it may have become so in time through change in

manners; it may also be the work of ignorance, prejudice, etc.; and

thereby hurtful. Hence the necessity of what is called the _liberty of the

press_, the inviolable guaranty of the minorities. But the right of

_criticising_ the law is not the right of _insulting_ it. Discussion is

not _insult_. Every law is entitled to respect because it is a law; it is

the expression of the public reason, the public will, of sovereignty. One

may try to _persuade_ the sovereign by reasoning, and induce him to change

the law; one should not inspire _contempt_ which leads unavoidably to

disobedience.

=87. Respect for magistrates.=--Another duty, which is the corollary to

obedience to the laws, is the _respect for the magistrate_. The

magistrate--that is, the functionary, whoever he be, in charge of the

execution of the laws--should be obeyed, not only because he represents

force, but also because he is the expression of the law. For this reason,

he should be for all an object of respect. The person is nothing; it is

the authority itself that is entitled to respect, and not such or such an

individual. Many ignorant persons are always disposed to regard the

functionary as a tyrant, and every act of authority, an act of oppression.

This is a puerile and lamentable prejudice. The greatest oppression is

always that of individual passions, and the most dangerous of despotisms

is anarchy: for then it is the right of the strongest which alone

predominates. Authority, whatever it be, makes the maintenance of order

its special interest, and order is the guaranty of every one. The

magistrate is, moreover, entitled to respect, as he represents the

country; if the country be a family, the authority of the magistrate

should be regarded the same as that of the head of the family, an

authority entitled to respect even in its errors.

=88. The ballot.=--Of all the special obligations which we have enumerated,

the most important to point out is that of the _ballot_, because it is

free and left entirely at the will of the citizens.

In regard to the other obligations, constraint may, up to a certain point,

supply the good will; he who does not pay his taxes from a sense of duty,

is obliged to pay them from necessity; but the ballot is free; one may

vote or not vote; one may vote for whom he pleases: there is no other

restraint than the sense of duty; for this reason, it is necessary to

insist on this kind of obligation.

1. It is a duty to vote. What in fact the law demands, in granting to the

citizens the right of suffrage, is that the will of the citizens be made

manifest, and that the decisions about to be taken, be those of the

majority. This principle of the right of the majorities has often been

questioned: for, it is said, why might not the majority be mistaken?

Certainly, but why might not the minority be also mistaken? The majority

is a rule which puts an end to disputes and forestalls the appeal to

force. The minorities certainly may have cause for complaint, for no rule

is absolutely perfect; but they have the chance of becoming majorities in

their turn. This is seen in all free States, where the majority is

constantly being modified with the time. If such is the principle of

elective governments (whatever be the measure or extension of the

electoral right), it can be seen of what importance it is that the true

majority show itself; and this can only take place through the greatest

possible number of voters. If, for example, half of the citizens abstain,

and that of the half that vote, one-half alone, plus one, constitute the

majority, it follows that it is a fourth of the citizens that make the

law; which would seem to be reversing the principle of majorities. This is

certainly not absolutely unjust, for it may be said that those who do not

vote admit implicitly the result obtained; but this negative compliance

has not the same value as a positive compliance.

To abstain from voting may have two causes: either indifference, or

ignorance of the questions propounded, and consequently the impossibility

of deciding one way or another. In the first case, especially is the

abstaining culpable. No citizen has the right to be indifferent to public

affairs. Skepticism in this matter is want of patriotism. In the second

case, the question is a more delicate one. How can I vote? it may be said.

I understand nothing about the question; I have no opinion; I have no

preference as to candidates. To combat this evil, it is, of course,

necessary that education gain a larger development, and that liberty enter

into customs and manners. There will be seen then a greater and greater

number of citizens understandingly interested in public affairs. But even

in the present state of things, a man may still fulfill his duty in

consulting enlightened men, in choosing some one in whom he may have

confidence; in short, in making every effort to gain information.

2. The vote should be _disinterested_. The question here is not only one

concerning the _venality_ of the vote, which is a shameful act,

punishable, moreover, by the laws; but it embraces disinterestedness in a

wider sense. One should in voting consider the interests of the country

alone, and in nowise, or at least, only secondarily, the interests of

localities, unless the question be precisely as to those latter interests,

when voting for municipal officers.

3. The vote should be _free_. The electors or representatives of an

assembly should obey their conscience alone: they should repel all

pressure, as well that from committees arrogating omnipotence, as from the

power itself.

4. In fine, the vote should be _enlightened_. Each voter should gather

information touching the matter in hand, the candidates, their morality,

their general fitness for their duty, their opinions. In order to vote

with knowledge of the facts, one must have some education. That, of

course, depends on our parents; but what depends on us, is to develop the

education already obtained; we must read the papers, but not one only, or

we may become the slaves of a watch word and of bigoted minds; we must

also gather information from men more enlightened, etc.

=89. Taxes.=--It is a duty to pay the taxes; for, without the contributions

of each citizen, the State would have no budget, and could not set the

offices it is commissioned with, to work.

How could justice be rendered, instruction be given, the territory be

defended, the roads kept up, without money? This money, besides, is voted

by the representatives of the country, elected for that purpose. But if

the State is not to tax the citizens without their consent and

supervision, they in their turn should not refuse it their money.

Certainly, this evil is not much to be feared, for in the absence of good

will, there is still the constraint which can be brought to bear upon

refractory citizens. Yet there are still means of defrauding the law. The

common people believe too readily that to deceive the State is not

deceiving; they do not scruple to make false declarations where

declarations are required, to pass prohibited goods over the frontier,

etc.; which are so many ways of refusing to pay the taxes.

=90. Military service=, as are the taxes, is obligatory by law, and

consequently does not depend on individual choice. But it is not enough to

do our duty because we are obliged to do it; we must also do it

conscientiously and heartily.

"It is not enough to pay out of one's purse," says a moralist;[63]

"one must also pay with one's person." Certainly, it is not for any

one's pleasure that he leaves his parents and friends, his work and

habits, to go to do military service in barracks, and, if needs be, to

fight on the frontiers. But who will defend the country in case of

attack if it be not its young and robust men? And must they not learn

the use of arms in order to be efficient on the day when the country

shall need them? This is why there are armies. Certainly, it would be

a thousand times better if there were no need of this, if all nations

were just enough never to make war with each other. But whilst this

ideal is being realized, the least any one can do is to hold himself

in readiness to defend his liberty, his honor.... Thanks to a good

army, one not only can remain quiet at home, but the humblest citizen

is respected wherever he goes, wherever his interests take him. In

looking carefully at the matter it can be seen that even in respect to

simple interests, the time spent in the service of the flag, is

nothing in comparison with the advantages derived from it. Is it not

because others have been there before us that we have been enabled to

grow up peacefully and happy to the age of manhood? Is it not just

that we should take their place and in our turn watch over the

country? And when we return, others will take our place, and we, in

our turn, shall be enabled to raise a family, attend to our business,

and lead a quiet and contented life.

Let us add to these judicious remarks that military service is a school of

discipline, order, obedience, courage, patience, and as such, contributes

to strengthening the mind and body, to developing personality, to forming

good citizens.

The principal infractions of the duty of military service are: 1,

_mutilations_ by which some render themselves improper for service; 2,

_simulated infirmities_ by which one tries to escape from the obligation;

3, _desertion_ in times of war, and what is more criminal still, _passing

over to the enemy_; 4, _insubordination_ or disobedience to superiors.

This latter vice is the most important to point out, the others being more

or less rare; but insubordination is an evil most frequent in our armies,

and a most dangerous evil. Military operations have become so complicated

and difficult in these days, that nothing is possible without the

strictest obedience on the part of soldiers. In times when individual

valor was almost everything, insubordination might have presented fewer

inconveniences; but in these days, all is done through masses, and if the

men do not obey, the armies are necessarily beaten because they cannot

oppose an equal force to the enemy. Suppose the enemy to be 50,000 men

strong in a certain place, that you yourself belong to a body of 50,000,

and that you all together reach the same place at the same time as the

enemy: you are equal in numbers, one against one, and you have at least as

many chances as they; and if, besides, you have other qualities which they

have not, you will have more chances. But if in the corps you belong to,

there is no discipline, if every one disobeys--if, for example, when the

order for marching is given, each starts when he pleases, and marches but

as he pleases, you will arrive too late, and the enemy will have taken the

best positions; there is then one chance lost. If, moreover, through the

disorder in your ranks, you do not all arrive together, if there are but

25,000 men in a line, the others remaining behind, these 25,000 will be

overwhelmed. As for those who do not reach the spot, think you they will

escape the consequences of the battle? By no means; the disorder will not

save them; it will deliver them defenseless into the hands of the pursuing

enemy. Now, all disorder is followed by similar consequences. On the other

hand, the obedience of the soldier being sure, the army is as one man who

lends himself to all the plans, all the combinations; who takes advantage

of all the happy chances, who runs less dangers because the business

proceeds more rapidly, and that with less means one obtains more results.

Such are the reasons for the punctilious discipline required of soldiers.

We are treated as machines, you will say. Yes; if you resist: for then

constraint becomes indispensable; but if you understand the necessity of

the discipline, if you submit to it on your own accord, then are you no

longer machines: you are men. The only way of not being a machine is then

precisely to obey freely.

It has often been asked, in these days, whether the soldier is always

obliged to obey, even such orders as his conscience disapproves of. These

are dangerous questions to raise, and they tend to imperil discipline

without much profit to morality. No doubt if a soldier were ordered to

commit a crime--as, for example, to go and kill a defenseless man--he

would have the right to refuse doing it. At the time of the massacre of

St. Bartholomew, an order was sent to all the provinces to follow the

example of Paris. One of the governors, the Viscount Orthez, replied that

his soldiers did not do executioner's service; and this answer was admired

by all the world. But these are very rare cases; and it is dangerous for

such uncertain eventualities to inspire mistrust against order and

discipline, which are the certain guaranties of the defense and

independence of a country.

=91. Educational obligation.=--The duty to instruct children results from

the natural relations between parents and children. The obligation to

raise children implies, in fact, the obligation to instruct them. There is

no more education without instruction than instruction without education.

To-day educational obligation is inserted in the law, and has its sanction

therein. But parents owe it to themselves to obey the law without

constraint.

=92. Civil courage.=--We have already spoken above of civil courage as

opposed to military courage. But here is the place to return to this

subject. Let us recall a fine page by J. Barni in his book on _Morality in

Democracy_:

The stoics defined courage admirably: _Virtue combating for equity_.

Civil courage might be defined: virtue defending the liberty and

rights of citizens against tyranny, whether this tyranny be that of

the masses or a despot's. As much courage, and perhaps more, is

demanded in the first case as in the second; it is less easy to resist

a crowd than a single man, were there nothing more to be feared than

_unpopularity_, one of the disadvantages hardest to brave. How much

more difficult when it comes to risking a popularity already acquired?

Yet must one, if necessary, be able to make the sacrifice. True civil

courage shows itself the same in all cases. Thus, Socrates, this type

of civil virtue, as he was of all other virtues, refused, at the peril

of his life, to obey the iniquitous orders of the tyrant Critias; and

he resisted with no less courage the people, who, contrary to justice

and law, asked for the death of the generals who conquered at

Arginusae. Another name presents itself to the memory, namely, that of

Boissy d'Anglas, immortalized for the heroism he showed as president

of the National Convention, the 1st Prairial, year II. (20 May, 1795).

Assailed by the clamors of the crowd which had invaded the Assembly,

threatened by the guns which were pointed at him, he remains

impassible; and without even appearing to be aware of the danger he is

running, he reminds the crowd of the respect due to national

representatives. They cry: "We do not want thy Assembly; the people is

here; thou art the president of the people; sign, says one, the decree

shall be good, or I kill thee!" He quietly replied: "Life to me is a

trifle; you speak of committing a great crime; I am a representative

of the people; I am president of the convention;" and he refused to

sign. The head of a representative of the people who had just been

massacred by the populace for having attempted to prevent the invasion

of the Convention, is presented to him on the end of a pike; he

salutes it and remains firm at his post. This is a great example of

civil courage.

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