Passing from the wars of Louis XIV. to his relations with foreign states, to his diplomacy, properly so called, an analogous result is perceptible. I have asserted the birth of diplomacy in Europe to have occurred at the end of the fifteenth century. I then endeavoured to show that the relations of governments and states amongst themselves, which had been previously accidental, rare, and temporary, became at that epoch more regular and permanent, that they took a character of great public interest, and that at the end of the fifteenth, and in the first half of the sixteenth century, diplomacy assumed an immense importance over events. Nevertheless, up to the seventeenth century, it had not been in reality systematic, nor had it led to long alliances, or grand combinations—above all, to durable combinations, actuated by fixed principles, directed to one constant object, or evincing that continuous spirit which is the veritable characteristic of established governments. During the religious revolution, the external relations of states had been almost exclusively swayed by the interests of religion; the Protestant and Catholic leagues had divided Europe. It was in the seventeenth century, after the treaty of Westphalia, under the influence of Louis XIV.'s government, that diplomacy changed its character. It then threw off the exclusive influence of the religious principle; alliances and political combinations were made from other considerations. At the same time, it became much more systematic and regular, and always directed to a certain precise object, and according to invariable principles. The regular introduction of the system of balance of power belongs to that era. It was under the government of Louis XIV. that this system, with all the considerations connected with it, took real possession of European politics. When we inquire what was the general idea, or predominant principle in the policy of Louis XIV. on this subject, I think we shall discover the following facts.

I have spoken of the great conflict which arose in Europe between the pure monarchy of Louis XIV., endeavouring to become a universal monarchy, and civil and religious liberty, and the independence of states, under the leadership of the Prince of Orange, William III. We have seen that the great event in Europe at that epoch was the division of the powers under these two banners. But this fact was not understood at that time as it is now; it was hidden, and unknown even by those who accomplished it; the result of the resistance of Holland and its allies to Louis XIV. was necessarily and fundamentally the repression of the system of pure monarchy, and the establishment of civil and religious liberty, but the question was not thus openly stated between absolute power and freedom. It has been repeatedly asserted that the propagation of absolute power was the paramount principle in the diplomacy of Louis XIV. I am of opinion, however, that this consideration only actuated, to any great extent, his policy in later years, in his old age. The objects at which he constantly aimed, whether fighting with Spain, the Emperor of Germany, or England, were making France the preponderating power in Europe, and the humbling of his rivals—in a word, the promotion of the political interest, and the strength of the state; he laboured much less with a view to the propagation of absolute power, than with a desire for the power and aggrandisement of France and its government. Amongst many proofs of this, we have one furnished by Louis XIV. himself. There is found in his Memoirs under the year 1666, if I recollect aright, a note couched pretty nearly in these terms:

'I have had this morning a conversation with Mr Sidney, an English gentleman, who explained to me the possibility of reanimating the republican party in England. Mr Sidney asked from me for that purpose 400,000 livres. I told him I could only advance 200,000. He urged me to summon from Switzerland another English gentleman who is called Ludlow, and to learn his opinions touching the same design.'

In the memoirs of Ludlow, a paragraph occurs about the same date in corroboration of this, to the following purport:—

'I have received from the French government an invitation to come to Paris, to speak concerning the affairs of my country; but I am suspicious of that government.'

And Ludlow, in fact, remained in Switzerland.

Thus it is plain that the weakening of the royal power in England was at that epoch the design of Louis XIV. He fomented internal dissensions, in order to prevent Charles II. from becoming too powerful in his own country. In the course of Barillon's embassy in England, the same fact is unceasingly exhibited. Whenever the authority of Charles II. appeared to gain the upper hand, and the national party to be on the point of being crushed, the French ambassador threw his influence into that scale, gave money to the leaders of the opposition, and, in short, strove against absolute power when it was needful as a means of crippling a rival power of France. By attentively considering the manner of conducting the external relations under Louis XIV., this feature will be found strikingly exemplified.

The French diplomacy of that epoch was also strongly marked by skill and ability. The names of Messieurs de Torey, d'Avaux, and Bonrepaus, are known to all well-informed persons. When we compare the despatches and memoirs, the capacity and conduct of these counsellors of Louis XIV. with the capabilities evinced by the Spanish, Portuguese, and German negotiators, we are struck with the superiority of the French ministers, not only as regards their thoughtful activity and application to business, but also in liberality of mind. These courtiers of an absolute king understood external circumstances and parties, the wants of liberty and popular movements, much better than the majority of the English themselves at that period. There was no diplomacy in Europe in the seventeenth century which appears at all equal to the French but the Dutch. The ministers employed by De Witt and William of Orange, those illustrious chiefs of the party of civil and religious liberty, were the only diplomatists who proved themselves fitting to enter the lists with the servants of the great monarch.

Thus, whether we consider the wars or diplomatic relations of Louis XIV., we come to the same conclusion. It is easy to be conceived how a government conducting its wars and negotiations in this manner, must have taken a high standing in Europe, and appeared not only very formidable as to power, but imposing for its ability and astuteness.

Let us now take the interior of France, and inquire into the administration and legislation of Louis XIV., in which we shall find additional explanatory causes of the strength and splendour of his government.

It is difficult to determine with precision what we ought to understand by administration in the government of a state. But I think, after fully investigating the matter, we may conclude that administration, in the most general point of view, consists in a concentration of means calculated to carry the will of the central power with the greatest promptitude and certainty into all parts of society, and to invest the central power in the same manner with the sinews of society, either in men or money. Such is, if I mistake not, the true object and prevailing character of administration. We consequently find that in those times when it is especially necessary to establish unity and order in society, administration is the great instrument of succeeding in that design, of drawing together, cementing, and uniting scattered and incohesive elements. Such was, in fact, the operation of Louis XIV.'s administration. Before his time, nothing had been more difficult, in France and in the rest of Europe, than to make the action of the central power felt in all the portions of society, and to gather into the hands of the central power the means of force possessed by the society. Louis XIV. laboured to effect these points, and succeeded to a certain extent infinitely better, at all events, than preceding governments. I cannot enter into details, but taking the public services of every kind, the finances, the departments of roads and public works, the military administration, and all the establishments which belong to every branch of administration, there is not one that will not be found to have had its origin, its development, or its greatest perfection, under the reign of Louis XIV. The greatest men of his time—Colbert and Louvois—displayed their genius, and exercised their ministries as administrators. It was by these means that his government acquired a generality, decisiveness, and consistence, in which all the European governments around him were wofully deficient.

Under the legislative phase, this reign presents the same character. I will return to the comparison of which I spoke at the commencement—to the legislative activity of the consular government, and its prodigious labour in a general revision and recasting of the laws. A work of the same sort took place under Louis XIV. The great ordinances which he promulgated regarding criminal affairs, law proceedings, commerce, the marine, woods, and waters, are veritable codes, which were digested in the same manner as our later codes, and discussed in the council of state sometimes under the presidency of Lamoignon. There are some men whose glory consists in having taken part in these labours and discussions—M. Pussort, for example. If we were to consider it merely in itself, we should pronounce very unfavourably of the legislation of Louis XIV., for it is full of errors very discernible at the present day, and which no one can fail to allow; it is not actuated by a sense of what true justice and liberty demanded, but directed to the preservation of public order, and to give the laws more regularity and certitude. But that alone was a great step, and it is not to be doubted that the ordinances of Louis XIV., being superior to anything exhibited at an antecedent period, very powerfully contributed to stimulate French society to advancement in the career of civilisation.

We thus speedily perceive the sources of its strength and influence, under whatever point of view we regard this government. It was the first government which presented itself to the eyes of Europe as a power acting upon sure grounds, which had not to dispute its existence with inward enemies, but at ease as to its territory and its people, and solely occupied with the task of administering government, properly so called. All the European governments had been previously thrown into incessant wars, which deprived them of all security as well as of all leisure, or so pestered by internal parties or antagonists, that their time was passed in fighting for existence. The government of Louis XIV. was the first to appear as a busy thriving administration of affairs, as a power at once definitive and progressive, which was not afraid to innovate, because it could reckon securely on the future. There have been, in fact, very few governments equally innovating. Compare it with a government of the same nature—the unmixed monarchy of Philip II. in Spain; it was more absolute than that of Louis XIV., and yet it was far less regular and tranquil. How did Philip II. succeed in establishing absolute power in Spain? By stifling all activity in the country, opposing himself to every species of amelioration, and rendering the state of Spain completely stagnant. The government of Louis XIV., on the contrary, exhibited alacrity for all sorts of innovations, and showed itself favourable to the progress of letters, arts, wealth—in short, of civilisation. This was the veritable cause of its preponderance in Europe, which arose to such a pitch, that it became the type of a government not only to sovereigns, but also to nations, during the seventeenth century.

And now we ask ourselves, for it is impossible we should do otherwise, how a power so brilliant and so well established as I have represented it, should have so quickly fallen into decay, and how, after having played such a part in Europe, it became in the following century so vacillating, so weak, and so despised? The fact itself is incontestable. In the seventeenth century, the French government was at the head of European civilisation; in the eighteenth, this preponderance disappeared, and it was the French society, separated from its government, often even arrayed against it, that preceded and guided the European world in its advancements.

We here discover the incorrigible evil and the inevitable effect of absolute power. I will not enter into any detail as to the faults of Louis XIV.'s government, which committed many and great ones; I will not speak of the war of the Spanish succession, of the revocation of the Edict of Nantes, of profligate expenditures, or of various other fatal actions which compromised his fortune. I will take the merits of his government to be such as I have just described them, granting that there was never perhaps an absolute government more grateful to its age and subjects, or that rendered more real services to the civilisation of its country, and of Europe in general. But simply because this government had no other principle than absolute power, and rested upon no other base, its decay was sudden and deserved. The essential deficiency of France under Louis XIV. was the want of institutions, of independent political bodies, subsisting by themselves, and capable of spontaneous action, and of offering resistance. The ancient French institutions, so far as they merited that appellation, no longer subsisted: Louis had succeeded in destroying them. He had no idea of endeavouring to replace them by modern institutions, for they would have annoyed him, and he was not at all disposed to court annoyance. The will and the action of central power are what appear in fullest force at that epoch. The government of Louis XIV. was great, brilliant, and most potent, but without roots. Free institutions are not only the guarantees of wisdom and justice, but also of the durability of governments. There is no system which can have a prolonged existence otherwise than by means of institutions. Wherever absolute power has stood the shocks of time, it has rested upon veritable institutions, sometimes upon the division of society into casts distinctly separated, and at other times upon a system of religious institutions. Under the reign of Louis XIV., power as well as liberty lacked the essential safeguard of institutions. There was nothing in France at that epoch to guarantee either the country against the illegitimate action of the government, or the government itself against the inevitable action of time. Thus did the government promote its own decay. It was not Louis XIV. alone that grew old and feeble at the end of his reign, but the whole principle of absolute power. Pure monarchy was as emasculated in 1712 as the monarch himself. And the evil was the more serious, in consequence of Louis XIV. having abolished political habits as well as institutions. Political habits cannot exist without independence. He alone who feels his own strength is capable either of serving power or of resisting it. Energetic characteristics disappear with the loss of independence, and dignity of mind can be sustained only by the assuredness of rights.

The real state in which Louis XIV. left France was, therefore, a society in full intellectual vigour and activity, and by its side a government essentially stationary, and without any means of reanimating itself, or taking part in the movement of its subjects; but after half a century of splendour, doomed to stagnation and feebleness, and whilst its founder was still alive, sank into a decay which nearly resembled dissolution. This was the situation in which France was placed at the close of the seventeenth century, and which gave to the following age so different a direction and character.

It is scarcely necessary for me to say that the burst of the human mind, the spirit of free inquiry, was the paramount feature of the eighteenth century. This influential epoch has been treated of, and so ably handled by others who have gone before me, that I am relieved from the necessity of following minutely all the phases of the wondrous moral revolution which was then accomplished. I am, however, anxious to note certain points which have been somewhat overlooked.

The first which strikes my mind is one I have already alluded to—namely, the almost complete disappearance, so to speak, of the government in the course of the eighteenth century, and the prominence of the human mind as the principal and almost only actor. Excepting the external relations attended to by the ministry of the Duke de Choiseul, and some concessions made to public opinion—for example, the American war—there never, perhaps, was a government so inactive, so apathetic and inert, as the French government of that time. In place of the stirring and ambitious government of Louis XIV., which interfered with everything, and placed itself at the head of all, we see a power anxious only to keep in the background, so weak and shattered did it feel itself. The activity and the ambition had passed to the nation, which, by its opinions and its intellectual movement, mixed and interfered with all things, and, in short, alone possessed that moral authority which confers a veritable sway.

The second characteristic which strikes me in the state of the human understanding in the eighteenth century, is the universality which marked the spirit of free inquiry. Previously, and particularly in the sixteenth century, inquiry had been exercised in a limited and defined field, having for its objects religious questions, or political and religious questions mixed up together, but never extending its pretensions to all subjects. On the contrary, the characteristic of the free inquiry of the eighteenth century is its universality: religion, politics, pure philosophy, man and society, moral and material nature, all became at once the subjects of investigation, doubt, and system; ancient ideas were cast away, and new ones arose in their stead. It was a movement which penetrated to all quarters, though springing from one and the same impulse.

This movement had, furthermore, a peculiar characteristic, which has not, perhaps, been twice exhibited in the history of the world—namely, that it was purely speculative. In former times, action had promptly participated with speculation in all human revolutions. Thus, in the sixteenth century, the religious revolution had commenced by ideas and discussions purely intellectual, but it had speedily gathered into events. The leaders of intellectual parties had rapidly grown into the leaders of political parties, and the realities of life had mingled with the operations of intellect. It had thus happened in the English revolution of the seventeenth century. In France, in the eighteenth century, we perceive the human mind exercising itself on all things, on ideas which, being closely interwoven with the real interests of existence, ought to have had the most prompt and potential influence. And yet the leaders and actors in those great debates remained apart from every sort of practical activity, appearing as mere speculators, who observed, judged, and delivered their opinions, without ever interfering in events. At no epoch has the government over facts or external realities been so completely distinct from that over mind. The separation of the mental and physical orders of things was not real in Europe before the eighteenth century. For the first time, perhaps, the mental order was developed, utterly apart from the material. This was an important fact, and it is one which has exercised a prodigious influence over the course of events. It gave to the ideas of the time a singular character of ambitiousness and inexperience; for never was philosophy more eager to rule the world, or at the same time less conversant with it. A day was sure to come when a conflict would arise, when the intellectual movement would pass into external facts; and as they had been so totally separated, the shock was violent, the amalgamation more difficult.

The astonishing boldness of the human mind at that epoch is another characteristic which deserves our consideration. Previously, its greatest activity had always been repressed within certain limits; men had lived in the midst of facts, some of which awed their minds, and kept their movement barred to a certain extent. In the eighteenth century, it would be extremely difficult to say what were the external facts which the human mind respected, or which exercised any empire over it. It held the whole social state in contempt and hatred. It thence concluded that it was called upon to reform all things, and came to look upon itself as a species of creator; institutions, opinions, manners, society, and man himself, all appeared to require remodelling, and human reason imposed upon itself the undertaking. Never had a similar audacity been dreamt of!

Such, then, was the force at work against what remained of the government of Louis XIV., in the course of the eighteenth century. We can easily understand that a shock between them was impossible to be avoided. That which had been the predominant fact in the English revolution—the struggle between the spirit of free inquiry and unmixed monarchy—was likewise certain to commence in France. Undoubtedly there were various points of difference in the two conflicts which pervaded also their results, but fundamentally, the general positions were similar, and the definitive event taught the same lesson.

As I have no intention of following out the multitudinous consequences of that crisis, I shall confine myself to the mention of the gravest, and in my opinion the most instructive fact, which was prominently displayed in that great conjuncture. I allude to the proof of the danger, the evil, the inveterate vice of absolute power, whatever that power may be, whatever name it may bear, or to whatever end directed. We have already seen the government of Louis XIV. perish from this single cause. The power which succeeded it—the human understanding, which was the veritable ruler of the eighteenth century—underwent the same fate; it possessed an almost absolute power in its turn, and thence derived an overweening confidence in itself. Its outbreak was glorious and useful; and if I were called upon to give an opinion upon the general operation, I should not hesitate to declare that the eighteenth century is to me one of the greatest eras of history, that perhaps which has rendered the most important services to humanity, which has given to it its greatest stimulus, resulting in the most universal advancement—so that, pronouncing upon it as a public administration, if I may be allowed to use that expression, my judgment should certainly be given in its favour. Still, it is not the less true that the absolute power possessed at that epoch by the human mind, corrupted it and led it to hold contemporary facts and opinions different from those that were in chief respect, in an illegitimate disdain and aversion, which brought it into error and tyranny. So much of error and tyranny, in fact, as mingled with the triumph of human reason towards the end of the century, which we cannot conceal from ourselves, nor ought to deny, was very considerable, mainly resulted from the extravagance into which the human mind was thrown by the extent of its power. It is the province, and will form, I believe, the peculiar merit of our times, to proclaim that all human power, be it intellectual or material, vested in governments or people, in philosophers or ministers of state, and exerted in any cause whatsoever, bears inherently a natural viciousness, and a principle of weakness and abuse, which call imperatively for the prescribing fixed limits to its exercise. Thus it is only a system of general freedom for all rights, interests, and opinions, their unfettered manifestation and legalised co-existence, that can restrain each individual power or influence within its proper limits, prevent it infringing upon others, and make the spirit of free inquiry an actual and general enjoyment. The conflict between material absolute power and intellectual, which occurred at the close of the eighteenth century, has impressed upon our minds this great truth.

I have now reached the point which I originally proposed to myself. It will be recollected that I set out with the design of giving a general picture of the development of European civilisation from the fall of the Roman Empire to the present time. I have gone very rapidly through this task, not permitting myself time to bring out everything that was important, or to adduce proofs for what I alleged. I have been obliged to omit much, and also frequently to rely upon my own unsupported assertions. However, I am not altogether without hope that I have attained my object; which was to mark the great crises in the development of modern society. At the beginning, I endeavoured to define civilisation, and to describe the fact to which that word is applied. Civilisation appeared to me to consist of two principal facts—the development of human society, and that of man himself: on the one hand, the political and social development; and on the other, the internal and moral development. I have confined myself upon this occasion to the history of society; I have presented civilisation only in its social point of view, and have said nothing upon the development of man himself. My task did not lead me to an exposition of the history of the opinions and of the moral progress of humanity; upon another occasion I may enter more into detail, and embrace this branch of the subject in the inquiry.

Concluding Note By The Editors.

M. Guizot, it will be perceived, by bringing the history of European civilisation no farther down than the latter years of the eighteenth century, and adhering throughout rather too closely to France, has left untouched a series of movements in the social progress, which promise to effect, at no distant day, a prodigious change in the destinies of both individuals and nations. It may only be necessary to allude in a general way to the termination of a protracted warfare between France and Britain, followed by a universal peace, which has permitted the cultivation of the sciences, the useful arts, commerce, and, generally speaking, all the attributes of moral, religious, and intellectual advancement; the political elevation of the great middle class in Britain and France, and the co-ordinate improvement in the condition of the more humble classes in society; the abolition of numberless monopolies in trade and otherwise, leaving greater freedom for legitimate action; signal meliorations in the habits and manners of all ranks of people, particularly as regards fashions of dress, temperance, and decorum, the natural result of which is an increase in the value of human life; important modifications of civil laws and municipal institutions in most European countries; and lastly, and chiefly, the wonderful advances made in practical science and in the arts. Among these advances may be only noted the use of gas in artificial lighting, and the application of steam power to navigation, road-travelling, and all kinds of industrial operations. Steam navigation alone, by opening up new channels for commerce, and, in effect, bringing countries remote from each other into immediate neighbourhood, forms by far the grandest engine of civilisation which the world has seen since the invention of printing, and must speedily work the most surprising improvement in human affairs not only in Europe, but in every region of the earth. To these various facts, as M. Guizot would term them, in the history of modern times, may be added that of the extensive diffusion of newspapers and an instructive literature at a low cost among the less affluent classes of the people, a blessing which is ascribable to the recent invention of machinery for the manufacture of paper and for printing, and of which past generations of mankind had no idea. It is further of importance to include in this catalogue of facts the opening up of new fields for human industry and subsistence in the colonies of Britain, and other fruitful regions in a foreign hemisphere, by which Europe is now regularly drained of a portion of its exuberant population; also the permanent establishment of a republican constitution in the United States of America, which, from its earliest dawn, has exerted a considerable reaction on the elder political institutions of European nations.

By these, and some other facts, European civilisation has been latterly advancing in a daily accelerating ratio, and has already, to appearance, thrown back the state of civilisation of the eighteenth century, with all its luxurious refinements, to that of the primeval ages. The civilisation which has been thus attained by distinct advances during the last forty, or, more properly, the last twenty-five years, may be described as at present in a pausing or transitive state, in which, by the conflict of parties and opinions, it may be arrested for a length of time in any particular country, but cannot well be prevented from passing onwards in the aggregate to a higher condition. The concurring effects of a universal and friendly intercourse among nations, improved and extended means of education, missionary enterprise in planting Christianity in hitherto heathen regions, and the diffusion of the produce of the press, cannot but be beneficial to society, and must sooner or later carry civilisation to limits considerably beyond those which are now assigned to it. The history of this latter progress, which remains to be written, will form a deeply interesting chapter in the annals of human civilisation.


On The Punishment Of Death.


Contents.


Preface 249
Chapter I. Limits Of The Question 255
Chapter II. Physical Efficacy Of Capital Punishment 258
Chapter III. Moral Efficacy Of Capital Punishment 268
Chapter IV. The Same Subject Continued 280
Chapter V. Double Character Of The Government 285
Chapter VI. Justice 291>
Chapter VII. Necessity 300
Chapter VII. Necessity 300
Chapter VIII. Means 306
Chapter IX. Prosecution And Qualification Of Political Crimes 308
Chapter X. The Privilege Of Mercy 318
Chapter XI. Conclusion 325


Preface.

It may be asked, perhaps, what I hope from this work? I do not hope, I admit, that governments will be convinced of the inutility of capital punishment, still less that they will abandon its employment. Truth glides slowly into the mind of power, and even when it does fairly enter, it is not immediately acknowledged as master. The mind long refuses to believe, and even when forced to believe, it still refuses to obey. There is no occasion to tell why.

It is precisely for this reason, that when power is in error, it is necessary to set the public right—to establish in opinion that which will be so long of resolving into fact. If the road is long, it is the more necessary to set out early; for in that case, even before reaching the goal, we may obtain some results. It is vain to prolong error, for when known to be such, it is powerless. Society in the present day is so formed, that power is half vanquished when the public pronounces it to be in the wrong. In vain it persists, for even in persisting, it hesitates, feeling itself to be before a superior strength. Opinion at length gradually comes to invade, where before it only sustained attack; but even then power does not yield, though its hesitation increases. First fear, and then doubt, weakens its action: then it becomes timid, and falls into the mistake of employing a means which society reprobates, and in the efficacy of which it does not itself believe. To this point it must be forced, and its errors clearly exhibited; and at last, as the daylight shines upon them, the strength in which it trusted will be more difficult to use, and be more and more weakened by the increasing blunders of its strategy.

I think the present time favourable for thus attacking the use of capital punishment in the light of a political question. When action is directed by truth, it is slow and feeble; but it proceeds vigorously when truth works in the way of reaction. Amid the gentle manners of the eighteenth century, cruel laws, political severities, and the punishment of death, were vigorously striven against: everything seemed tending to restrain, if not suppress them, and many honest men supposed the victory gained. But the Revolution broke out, and cruel laws, political severity, and the punishment of death, were resorted to with a violence unheard of before. So many perished hopes engendered a fear that the ideas which had given them birth were an illusion; but this was a great error. On the contrary, it is at this time that these ideas may claim and exercise the greatest dominion; they are able to avail themselves of a recent and frightful experience; and it is easy for them, in improving it, to rid themselves of the dreams of their infancy, to strengthen themselves by instances instead of theories, and to come down to the simplest rules of common sense. Notwithstanding the scepticism of our time, the public mind is disposed to receive them. The Revolution made more enemies by employing capital punishment politically, than were stirred up by all the books and speeches philanthropic, philosophical, and literary. It has left on this subject an impression much more efficacious than that of ideas, and which overcomes opinions even the most apparently hostile. With many men it would provoke indignation to try to make them admit even the partial suppression of capital punishment as a general necessity, the consequences of a right or a theory: perhaps they would say that it is such chimeras which brought on the Revolution. But place these same men in the presence of facts: let them award, in the capacity of judges or juries, the terrible sentence, or even let them see it brought into effect by others, and experience will resume all its power over their minds. They will mistrust its necessity and its justice; melancholy presentiments will arise from melancholy recollections; they will feel at once doubt and fear; they will recall what they have seen, and what they have suffered; they will distrust a policy which has occasion to take such a course, and engenders such a necessity; and they will have no more faith in results than in reasons. And thus in spite of theoretical opinions, often in spite even of the tendency of circumstances, the common instinct, the public good sense—fruit of bitter experience—will resist the employment of capital punishment politically with much more efficacy than all the arguments and precepts of philosophy.

I would justify this instinct, and produce all the proofs of its legitimacy. Is the case urgent? Does power show itself so eager for, and so prodigal of, capital punishment? Are we so assailed by penalties that it is necessary to sound the alarm, and to treat the policy of our days as if it resembled that disastrous policy the severe judgments of which were formerly its great and habitual instruments? I detest exaggeration, for it is falsehood. I do not seek to excite or maintain blind fears of what I cannot prove; I draw no comparison between our own and those deplorable times. But let me not be told that it is necessary to wait in a case like this for the right to speak. If the punishment of death is politically useless, inefficacious, and even dangerous, wherefore not say so at once? Why should truth be silent till it is proclaimed by facts so terrible? These facts, it may be said, will not come: well, if they are not to come, a book cannot bring them; and if they are, who could pardon himself if he had delayed the warning? Besides, I observe the odd anomaly, that some people, when afraid, are at once credulous and difficult of belief. Sometimes they see frightful symptoms everywhere; and sometimes they will not believe in the possibility of the evil till its arrival. One would say that they made a choice in their recollections; always accessible to some, and repulsing others as importunate and inadmissible. The least idea, the slightest agitation, recalls the terrors of the Revolution to their minds; but with other terrors before them, likewise revolutionary, they are blind and bold. They are seized with affright if some errors of the Constituent Assembly reappear, and yet exclaim against any inquietude that may be manifested on the restoration of capital punishment as a political engine. I ask more impartiality of memory, more extent in foresight, and more justice in fear. We are not descended so low that an evil must be horrible to be felt. I am sure that iniquity without modesty and without restraint has not taken possession of either the laws or tribunals; I know that if it aspired too far, it would meet with powerful obstacles in its course; and I am aware that danger does not lurk at every door, or the punishment of death hover over all the adversaries of power. But still, in my opinion, capital punishment is too often called for, and too often inflicted. In the use we make of it there is neither wisdom, nor equity, nor necessity; it fails in its object, and aggravates the evil of our position by engaging power in a course full of peril for society and for itself; it causes of itself gratuitous misfortunes, which, if they spread no farther, are still neither lighter nor more reparable; it attaches itself to a false and fatal policy, and sinks day by day into an instrument more melancholy and more useless. Let others imagine that there are not here sufficient motives for opposing its use, and wait for more evils and more severity: for my part I think I have reckoned enough.

Another consideration determines me. One side has triumphed, and expecting still to triumph, it in the meantime does all it can. It will attempt, I think, more than it has yet attempted; although it cannot do all it would. This is evident even to itself. The situation is a new one. In the course of the Revolution, the party which succeeded always did more than it intended, and more than at the commencement of the enterprise it was in a condition even to conceive. The success surpassed not only hopes, but pretensions. Blind instruments of a giant power, the men of the Revolution were hurried away by events more rapid than their thoughts, and carried facts into accomplishment much more extensive and terrible than their designs.

Now, on the contrary, we see a party in authority whose desires surpass their designs, and whose designs surpass their power. They would advance, and they do so; but at each step their hope lessens of attaining their end. Instead of being, like the Revolutionists, carried onwards by their momentum rather than their will, they are held back against their will by a force contrary to their momentum. With nothing, or almost nothing active and visible to oppose them, everything around is resistance; everything troubles and delays them—the instruments they employ, the air which surrounds them, the ground which they tread beneath their feet.

Whence arises this anomaly, and what does it reveal to us of the fate of the party? I do not care to busy myself with this question. I merely remark the general fact, and I do so because it has consequences of which I wish to avail myself.

It is in such moments that the truth is good to be told, although it will not be the better received by men to whom it is displeasing, or exercise more power over great events. No party disavows its origin, none acquires that high wisdom which, in changing its nature, would change its whole destiny; even if the progress it is able to make in skill or prudence is not sufficiently extended, or prompt to save them from that definitive fate to which Providence has devoted them. These parties are no more independent than other things of the action of time. Their internal dispositions become modified as well as their situation, and these modifications render them more or less accessible to the influence of truth. When a party is carried away by the general movement of the age, when it becomes the engine of a great social crisis, neither truth nor wisdom has any effect upon its career. It crushes all who oppose it, abandons all who counsel it, and hurries blindly onwards to a goal of which it is ignorant; and it is then that, in the midst of their greatest activity, we see most clearly the weakness of men—the mere tools in working out decrees alike beyond their understanding and their will. But when the social tempest is calmed, and Providence seems to have given up the management of human affairs to ordinary laws, and the contending parties have time to look around them, to study their course, and to measure their strength, we see them resume some reason with their freedom. Instead of the fever which devoured them, a new malady gains upon them, a slow and heavy dissolution, which, without destroying the predominant character or general intentions of the party, gives more independence to individuals, and more authority to wisdom. In the course of the Revolution, the partisans of monarchy detached themselves from the Constituents, the Constituents from the Girondins, and the Girondins from the Jacobins; but the Revolution, far from being stopped or slackened, pursued with even more violence its terrible career; and in proportion as these factions became wiser, they became less powerful.

Who would think now-a-days that any one of the parties into which we are divided could thus deliver itself up to the madness of its wishes and passions, denouncing and trampling whoever refused to cooperate, and that yet it would gain strength every day, and march rapidly towards success? Nothing like this can now be seen. If in these parties there be any one who still hopes to the contrary, he is a dreamer blind to passing events, and who has neither forgotten nor learnt. Whether conquerors or beaten, outs or ins, all parties are constrained to act with wisdom and prudence: the energy of fever will not now suffice for strength; they must rally around their banner all shades of interests or opinions; for they cannot suffer one to fall away without feeling instantly its loss in their own weakness. They must even bend in some measure before their more obstinate adversaries; and this is not a counsel I give, but a fact I observe, and one which in every day more apparent in their conduct.

It is seen clearly in the party now in power, and under two characters: there is a division in the party, and in a contrary direction to that which took place twenty-nine years ago. It is not the most violent, but the most moderate and prudent, who now take the management of its affairs—those who have the best chance of enlisting general interests and floating opinions.

Even these moderates are evidently driven farther than they desire, and perhaps may end in being overturned. But in their case they will not be replaced by the more violent; the party will drag itself from impotence to impotence, just as revolution is precipitated from fury to fury. And after the evil they have caused—the greatest evil in their power—dissolved by their success, as well as weakened by their old reverses, they will be forced to feel that they have undertaken an impossibility, and that no one in the present day is able to bring about a revolution in society.

Things being in this position, it may be advantageous to throw into the midst of parties what appears to me to be the truth. No one is more aware than myself that they will not make it their rule, but it will operate as a dissolvent, insinuating itself into their disorganised constitution. It will not be met by those proud convictions, that blind confidence, that idea of an ardent and insurmountable force, which prevented its access to the revolutionary parties. The party which predominates at the present day is full of doubt and fear; it has faith neither in its own doctrines nor its own destiny. In assuming to be the protector of order, it sometimes tries to appropriate the principles of liberty. Whether it courts them because it feels its own to be decayed, or merely as a mask, is of little consequence; what is certain is, that it is surrounded by obstacles, obliged to adopt the means of government it distrusts, to speak in a language which scandalises a portion of its adherents, to temporise, and to hesitate—and all these things open a way for truth, and give it opportunity as it advances to second the uncertainty, internal feebleness, and moral dissolution by which the party is beset. A simple fact will demonstrate this: in 1791 and 1792 the opposition in its harangues only served to irritate and accelerate the party which accomplished the Revolution. Now the opposition is not less displeasing to the governing party; but it startles it by a word, calms, obliges it to dissemble, and carries confusion into its proceedings and hesitation into its projects. It even enlightens the whole changing mass, insinuates ideas into its bosom, and necessitates a prudence before unthought of, and at which it grumbles and submits. Opposition, then, is not vain; it may have at the present moment few visible or direct effects, but it is at least able to sow, and the future will reap the fruits.

Such are the motives which impel me to write, and I believe them to be sufficient and well-founded.