The Portable Edmund Burke (Portable Library) (15 page)

I have purposely avoided the mention of the mixed form of government, for reasons that will be very obvious to your lordship. But my caution can avail me but little.You will not fail to urge it against me in favor of political society. You will not fail to show how the errors of the several simple modes are corrected by a mixture of all of them, and a proper balance of the several powers in such a state. I confess, my lord, that this has been long a darling mistake of my own; and that of all the sacrifices I have made to truth, this has been by far the greatest. When I confess that I think this notion a mistake, I know to whom I am speaking, for I am satisfied that reasons are like liquors, and there are some of such a nature as none but strong heads can bear. There are few with whom I can communicate so freely as with Pope. But Pope cannot bear every truth. He has a timidity which hinders the full exertion of his faculties, almost as effectually as bigotry cramps those of the general herd of mankind. But whoever is a genuine follower of truth keeps his eye steady upon his guide, indifferent whither he is led, provided that she is the leader. And, my lord, if it be properly considered, it were infinitely better to remain possessed by the whole legion of vulgar mistakes, than to reject some, and at the same time to retain a fondness for others altogether as absurb and irrational. The first has at least a consistency, that makes a man, however erroneously, uniform at least; but the latter way of proceeding is such an inconsistent chimera and jumble of philosophy and vulgar prejudice, that hardly anything more ridiculous can be conceived. Let us therefore freely, and without fear or prejudice, examine this last contrivance of policy. And, without considering how near the quick our instruments may come, let us search it to the bottom.

First, then, all men are agreed that this junction of regal, aristocratic, and popular power, must form a very complex, nice, and intricate machine, which being composed of such a variety of parts, with such opposite tendencies and movements, it must be liable on every accident to be disordered. To speak without metaphor, such a government must be liable to frequent cabals, tumults, and revolutions, from its very constitution. These are undoubtedly as ill effects as can happen in a society; for in such a case, the closeness acquired by community, instead of serving for mutual defence, serves only to increase the danger. Such a system is like a city, where trades that require constant fires are much exercised, where the houses are built of combustible materials, and where they stand extremely close.

In the second place, the several constituent parts having their distinct rights, and these many of them so necessary to be determined with exactness, are yet so indeterminate in their nature, that it becomes a new and constant source of debate and confusion. Hence it is, that whilst the business of government should be carrying on, the question is, Who has a right to exercise this or that function of it, or what men have power to keep their offices in any function? Whilst this contest continues, and whilst the balance in any sort continues, it has never any remission; all manner of abuses and villanies in officers remain unpunished; the greatest frauds and robberies in the public revenues are committed in defiance of justice; and abuses grow, by time and impunity, into customs; until they prescribe against the laws, and grow too inveterate often to admit a cure, unless such as may be as bad as the disease.

Thirdly, the several parts of this species of government, though united, preserve the spirit which each form has separately. Kings are ambitious; the nobility haughty; and the populace tumultuous and ungovernable. Each party, however in appearance peaceable, carries on a design upon the others; and it is owing to this, that in all questions, whether concerning foreign or domestic affairs, the whole generally turns more upon some party-matter than upon the nature of the thing itself; whether such a step will diminish or augment the power of the crown, or how far the privileges of the subject are likely to be extended or restricted by it. And these questions are constantly resolved, without any consideration of the merits of the cause, merely as the parties who uphold these jarring interests may chance to prevail; and as they prevail, the balance is overset, now upon one side, now upon the other. The government is, one day, arbitrary power in a single person; another, a juggling confederacy of a few to cheat the prince and enslave the people; and the third, a frantic and unmanageable democracy. The great instrument of all these changes, and what infuses a peculiar venom into all of them, is party. It is of no consequence what the principles of any party, or what their pretensions are; the spirit which actuates all parties is the same; the spirit of ambition, of self-interest, of oppression and treachery. This spirit entirely reverses all the principles which a benevolent nature has erected within us; all honesty, all equal justice, and even the ties of natural society, the natural affections. In a word, my lord, we have all seen, and, if any outward considerations were worthy the lasting concern of a wise man, we have some of us
felt,
such oppression from party government as no other tyranny can parallel. We behold daily the most important rights, rights upon which all the others depend, we behold these rights determined in the last resort, without the least attention even to the appearance or color of justice; we behold this without emotion, because we have grown up in the constant view of such practices; and we are not surprised to hear a man requested to be a knave and a traitor, with as much indifference as if the most ordinary favor were asked; and we hear this request refused, not because it is a most unjust and unreasonable desire, but because this worthy has already engaged his injustice to another. These and many more points I am far from spreading to their full extent.You are sensible that I do not put forth half my strength; and you cannot be at a loss for the reason. A man is allowed sufficient freedom of thought, provided he knows how to choose his subject properly. You may criticise freely upon the Chinese constitution, and observe with as much severity as you please upon the absurd tricks, or destructive bigotry of the bonzees. But the scene is changed as you come homeward, and atheism or treason may be the names given in Britain, to what would be reason and truth if asserted of China. I submit to the condition, and though I have a notorious advantage before me, I waive the pursuit. For else, my lord, it is very obvious what a picture might be drawn of the excesses of party even in our own nation. I could show, that the same faction has, in one reign, promoted popular seditions, and, in the next, been a patron of tyranny: I could show that they have all of them betrayed the public safety at all times, and have very frequently with equal perfidy made a market of their own cause and their own associates. I could show how vehemently they have contended for names, and how silently they have passed over things of the last importance. And I could demonstrate that they have had the opportunity of doing all this mischief, nay, that they themselves had their origin and growth from that complex form of government, which we are wisely taught to look upon as so great a blessing. Revolve, my lord, our history from the Conquest. We scarcely ever had a prince, who, by fraud or violence, had not made some infringement on the constitution. We scarcely ever had a Parliament which knew, when it attempted to set limits to the royal authority, how to set limits to its own. Evils we have had continually calling for reformation, and reformations more grievous than any evils. Our boasted liberty sometimes trodden down, sometimes giddily set up, and ever precariously fluctuating and unsettled; it has only been kept alive by the blasts of continual feuds, wars, and conspiracies. In no country in Europe has the scaffold so often blushed with the blood of its nobility. Confiscations, banishments, attainders, executions, make a large part of the history of such of our families as are not utterly extinguished by them. Formerly, indeed, things had a more ferocious appearance than they have at this day. In these early and unrefined ages, the jarring part of a certain chaotic constitution supported their several pretensions by the sword. Experience and policy have since taught other methods.

 

 

But how far corruption, venality, the contempt of honor, the oblivion of all duty to our country, and the most abandoned public prostitution, are preferable to the more glaring and violent effects of faction, I will not presume to determine. Sure I am that they are very great evils.

I have done with the forms of government. During the course of my inquiry you may have observed a very material difference between my manner of reasoning and that which is in use amongst the abettors of artificial society. They form their plans upon what seems most eligible to their imaginations, for the ordering of mankind. I discover the mistakes in those plans, from the real known consequences which have resulted from them. They have enlisted reason to fight against itself, and employ its whole force to prove that it is an insufficient guide to them in the conduct of their lives. But unhappily for us, in proportion as we have deviated from the plain rule of our nature, and turned our reason against itself, in that proportion have we increased the follies and miseries of mankind. The more deeply we penetrate into the labyrinth of art, the further we find ourselves from those ends for which we entered it. This has happened in almost every species of artificial society, and in all times. We found, or we thought we found, an inconvenience in having every man the judge of his own cause. Therefore judges were set up, at first, with discretionary powers. But it was soon found a miserable slavery to have our lives and properties precarious, and hanging upon the arbitrary determination of any one man, or set of men. We fled to laws as a remedy for this evil. By these we persuaded ourselves we might know with some certainty upon what ground we stood. But lo! differences arose upon the sense and interpretation of these laws. Thus we were brought back to our old incertitude. New laws were made to expound the old; and new difficulties arose upon the new laws; as words multiplied, opportunities of cavilling upon them multiplied also. Then recourse was had to notes, comments, glosses, reports,
responsa prudentum,
learned readings: eagle stood against eagle: authority was set up against authority. Some were allured by the modern, others reverenced the ancient. The new were more enlightened, the old were more venerable. Some adopted the comment, others stuck to the text. The confusion increased, the mist thickened, until it could be discovered no longer what was allowed or forbidden, what things were in property, and what common. In this uncertainty, (uncertain even to the professors, an Egyptian darkness to the rest of mankind), the contending parties felt themselves more effectually ruined by the delay, than they could have been by the injustice of any decision. Our inheritances are become a prize for disputation; and disputes and litigations are become an inheritance.

The professors of artificial law have always walked hand in hand with the professors of artificial theology. As their end, in confounding the reason of man, and abridging his natural freedom, is exactly the same, they have adjusted the means to that end in a way entirely similar. The divine thunders out his
anathemas
with more noise and terror against the breach of one of his positive institutions, or the neglect of some of his trivial forms, than against the neglect or breach of those duties and commandments of natural religion, which by these forms and institutions he pretends to enforce. The lawyer has his forms, and his positive institutions too, and he adheres to them with a veneration altogether as religious. The worst cause cannot be so prejudicial to the litigant, as his advocate’s or attorney’s ignorance or neglect of these forms. A lawsuit is like an ill-managed dispute, in which the first object is soon out of sight, and the parties end upon a matter wholly foreign to that on which they began. In a lawsuit the question is, who has a right to a certain house or farm? And this question is daily determined, not upon the evidence of the right, but upon the observance or neglect of some forms of words in use with the gentlemen of the robe, about which there is even amongst themselves such a disagreement, that the most experienced veterans in the profession can never be positively assured that they are not mistaken.

Let us expostulate with these learned sages, these priests of the sacred temple of justice. Are we judges of our own property? By no means. You then, who are initiated into the mysteries of the blindfold goddess, inform me whether I have a right to eat the bread I have earned by the hazard of my life or the sweat of my brow? The grave doctor answers me in the affirmative; the reverend serjeant replies in the negative; the learned barrister reasons upon one side and upon the other, and concludes nothing. What shall I do? An antagonist starts up and presses me hard. I enter the field, and retain these three persons to defend my cause. My cause, which two farmers from the plough could have decided in half an hour, takes the court twenty years. I am however at the end of my labor, and have in reward for all my toil and vexation a judgment in my favor. But hold—a sagacious commander, in the adversary’s army, has found a flaw in the proceeding. My triumph is turned into mourning. I have used or, instead of
and,
or some mistake, small in appearance, but dreadful in its consequences; and have the whole of my success quashed in a writ of error. I remove my suit; I shift from court to court; I fly from equity to law, and from law to equity; equal uncertainty attends me everywhere; and a mistake in which I had no share, decides at once upon my liberty and property, sending me from the court to a prison, and adjudging my family to beggary and famine. I am innocent, gentlemen, of the darkness and uncertainty of your science. I never darkened it with absurd and contradictory notions, nor confounded it with chicane and sophistry. You have excluded me from any share in the conduct of my own cause; the science was too deep for me; I acknowledged it; but it was too deep even for yourselves: you have made the way so intricate, that you are yourselves lost in it; you err, and you punish me for your errors.