Of this we THERE is this inconvenience in an ill-constituted aristocracy, that the wealth centers in the nobility, and yet they are not allowed to spend; for, as luxury is contrary to the spirit of moderation, it must be banished from thence. Such are, in England, what they call IN popular governments it often happens that accusations are carried on in public, and every man is allowed to accuse whomsoever he pleases. Besides the violent and extraordinary changes owing to his direction, he would fain suppress all the intermediate ranks, and abolish the political communities. Domestic order renders this necessary: thus an insolvent debtor seeks to conceal himself from the pursuit of his creditors. 3 0 obj There is this difference between manners and customs, that the former principally relate to the interior conduct, the latter to the exterior.We ought not to be surprized that the legislators of China and Sparta should confound the laws, manners, and customs: the reason is, their manners represent their laws, and their customs their manners.The principal object, which the legislators of China had in view, was, to make their subjects live in Civility is, in this respect, of more value than politeness.
He finds the causes of their declension in the aggrandizement of the state itself: in those distant wars, which, obliging the citizens to be too long absent, made them insensibly lose their republican spirit; in the privilege of being citizens of Rome, granted to so many nations, which made the Roman people at last become a sort of many headed monster; in the corruption introduced by the luxury of Asia; in the proscriptions of Sylla, which debased the genius of the nation, and prepared it for slavery; A very small volume was enough for M. de Montesquieu, to explain and unfold so interesting and vast a picture. M. de Montesquieu being sometimes obliged to present to us truths of great importance, the absolute and direct avowal of which might have shocked without doing any good, has had the prudence to cover them; and, by this innocent artifice, he has concealed them from those to whom they might have been hurtful, without making them lost to men of sagacity.Among those works which have sometimes furnished him with assistance, and sometimes with clearer views for his own, we may perceive that he In a word, (for we will not here play the part of Homer’s commentators,) there are, without doubt, faults in the Spirit of Laws, as there are in every work of genius whose author first dared to clear out for himself a new rout. It was requisite that the true judges should have time to read it: they very soon correct the errors of the multitude, always ready to change its opinion. He was not an Alexander; but he would have made an excellent soldier under that monarch.Alexander’s project succeeded because it was prudently concerted. In this he was directed by the spirit of democracy, his intention not being to fix those who were to choose, but such as were eligible: therefore, leaving to every citizen the right of election, he madeAs the division of those who have a right of suffrage is a fundamental law in republics, the manner also of giving this suffrage is another fundamental.Yet, as this method is in itself defective, it has been the endeavour of the most eminent legislators to regulate and amend it.Solon made a law, at Athens, that military employments should be conferred by The same legislator ordained, that civil magistracies attended with great expence should be given by choice, and the others by lot.In order, however, to amend the suffrage by lot, he made a rule, that none but those who presented themselves should be elected; that the person elected should be examined by judges,The law which determines the manner of giving suffrage is likewise fundamental in a democracy. This hero, so fatal to France, (to which he might have been so useful,) after having given a check to the fortune of Lewis XIV.
But even this contributes to make them avoid the real dangers to which they may, in the end, be exposed.But the legislative body, having the confidence of the people, and being more enlightened than they, may calm their uneasiness, and make them recover from the bad impressions they have entertained.This is the great advantage which this government has over the ancient democracies, in which the people had an immediate power; for, when they were moved and agitated by the orators, these agitations always produced their effect.But, when an impression of terror has no certain object, it produces only clamour and abuse: it has, however, this good effect, that it puts all the springs of government into motion, and fixes the attention Soon we should see a frightful calm, during which every one would unite against that power which had violated the laws.If, when the uneasiness proceeds from no certain object, some foreign power should threaten the state, or put its prosperity or its glory in danger, the little interests of party would then yield to the more strong and binding, and there would be a perfect coalition in favour of the executive power.But, if the disputes were occasioned by a violation of the fundamental laws, and a foreign power should appear, there would be a revolution that would neither alter the constitution nor the form of government. being desirous to sit in judgement upon the trial of the duke Again, sentences passed by the prince would be an inexhaustible source of injustice and abuse; the courtiers, by their importunity, would always be able to extort his decisions.
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