In dealing with the State we ought to remember that its institution are not aboriginal, though they existed before we were born; that they are not superior to the citizen; that every one of them was once the act of a single man; every law and usage was a man's expedient to meet a particular case; that they all are imitable, all alterable; we may make as good, we may make better. Society is an illusion to the young citizen. It lies before him in rigid repose, with certain names, men and institutions rooted like oak-trees to the centre, round which all arrange themselves the best they can. But the old statesman knows that society is fluid; there are no such roots and centres, but any particle may suddenly become the centre of the movement and compel the system to gyrate round it; as every man of strong will, like Pisistratus, or Cromwell, does for a time, and every man of truth, like Plato or Paul, does forever. But politics rest on necessary foundations, and cannot be treated with levity. Republics abound in young civilians, who believe that the laws make the city, that grave modifications of the policy and modes of living and employments of the population, that commerce, education, and religion, may be voted in or out; and that any measure, though it were absurd, may be imposed on a people if only you can get sufficient voices to make it a law. But the wise know that foolish legislation is a rope of sand which perishes in the twisting; that the State must follow and not lead the character and progress of the citizen; the strongest usurper is quickly got rid of; and they only who build on Ideas, build for eternity; and that the form of government which prevails is the expression of what cultivation exists in the population which permits it. The law is only a memorandum. We are superstitious, and esteem the statute somewhat: so much life as it has in the character of living men is its force. The statute stands there to say, Yesterday we agreed so and so, but how feel ye this article to-day? Our statute is a currency which we stamp with our own portrait: it soon becomes unrecognizable, and in process of time will return to the mint. Nature is not democratic, nor limited-monarchical, but despotic, and will not be fooled or abated of any jot of her authority by the pertest of her sons; and as fast as the public mind is opened to more intelligence, the code is seen to be brute and stammering. It speaks not articulately, and must be made to. Meantime the education of the general mind never stops. The reveries of the true and simple are prophetic. What the tender poetic youth dreams, and prays, and paints to-day, but shuns the ridicule of saying aloud, shall presently be the resolutions of public bodies; then shall be carried as grievance and bill of rights through conflict and war, and then shall be triumphant law and establishment for a hundred years, until it gives place in turn to new prayers and pictures. The history of the State sketches in coarse outline the progress of thought, and follows at a distance the delicacy of culture and of aspiration.
The theory of politics which has possessed the mind of men, and which they have expressed the best they could in their laws and in their revolutions, considers persons and property as the two objects for whose protection government exists. Of persons, all have equal rights, in virtue of being identical in nature. This interest of course with its whole power demands a democracy. Whilst the rights of all as persons are equal, in virtue of their access to reason, their rights in property are very unequal. One man owns his clothes, and another owns a county. This accident, depending primarily on the skill and virtue of the parties, of which there is every degree, and secondarily on patrimony, falls unequally, and its rights of course are unequal. Personal rights, universally the same, demand a government framed on the ratio of the census; property demands a government framed on the ratio of owners and of owning. Laban, who has flocks and herds, wishes them looked after by an officer on the frontiers, lest the Midianites shall drive them off; and pays a tax to that end. Jacob has no flocks or herds and no fear of the Midianites, and pays no tax to the officer. It seemed fit that Laban and Jacob should have equal rights to elect the officer who is to defend their persons, but that Laban and not Jacob should elect the officer who is to guard the sheep and cattle. And if question arise whether additional officers or watch-towers should be provided, must not Laban and Isaac, and those who must sell part of their herds to buy protection for the rest, judge better of this, and with more right, than Jacob, who, because he is a youth and a traveller, eats their bread and not his own?
In the earliest society the proprietors made their own wealth, and so long as it comes to the owners in the direct way, no other opinion would arise in any equitable community than that property should make the law for property, and persons the law for persons.
But property passes through donation or inheritance to those who do not create it. Gift, in one case, makes it as really the new owner's, as labor made it the first owner's: in the other case, of patrimony, the law makes an ownership which will be valid in each man's view according to the estimate which he sets on the public tranquillity.
It was not however found easy to embody the readily admitted principle that property should make law for property, and persons for persons; since persons and property mixed themselves in every transaction. At last it seemed settled that the rightful distinction was that the proprietors should have more elective franchise than non-proprietors, on the Spartan principle of "calling that which is just, equal; not that which is equal, just."
That principle no longer looks so self-evident as it appeared in former times, partly, because doubts have arisen whether too much weight had not been allowed in the laws to property, and such a structure given to our usages as allowed the rich to encroach on the poor, and to keep them poor; but mainly because there is an instinctive sense, however obscure and yet inarticulate, that the whole constitution of property, on its present tenures, is injurious, and its influence on persons deteriorating and degrading; that truly the only interest for the consideration of the State is persons; that property will always follow persons; that the highest end of government is the culture of men; and if men can be educated, the institutions will share their improvement and the moral sentiment will write the law of the land.
If it be not easy to settle the equity of this question, the peril is less when we take note of our natural defences. We are kept by better guards than the vigilance of such magistrates as we commonly elect. Society always consists in greatest part of young and foolish persons. The old, who have seen through the hypocrisy of courts and statesmen, die and leave no wisdom to their sons. They believe their own newspaper, as their fathers did at their age. With such an ignorant and deceivable majority, States would soon run to ruin, but that there are limitations beyond which the folly and ambition of governors cannot go. Things have their laws, as well as men; and things refuse to be trifled with. Property will be protected. Corn will not grow unless it is planted and manured; but the farmer will not plant or hoe it unless the chances are a hundred to one that he will cut and harvest it. Under any forms, persons and property must and will have their just sway. They exert their power, as steadily as matter its attraction. Cover up a pound of earth never so cunningly, divide and subdivide it; melt it to liquid, convert it to gas; it will always weigh a pound; it will always attract and resist other matter by the full virtue of one pound weight:—and the attributes of a person, his wit and his moral energy, will exercise, under any law or extinguishing tyranny, their proper force,—if not overtly, then covertly; if not for the law, then against it; if not wholesomely, then poisonously; with right, or by might.
The boundaries of personal influence it is impossible to fix, as persons are organs of moral or supernatural force. Under the dominion of an idea which possesses the minds of multitudes, as civil freedom, or the religious sentiment, the powers of persons are no longer subjects of calculation. A nation of men unanimously bent on freedom or conquest can easily confound the arithmetic of statists, and achieve extravagant actions, out of all proportion to their means; as the Greeks, the Saracens, the Swiss, the Americans, and the French have done.
In like manner to every particle of property belongs its own attraction. A cent is the representative of a certain quantity of corn or other commodity. Its value is in the necessities of the animal man. It is so much warmth, so much bread, so much water, so much land. The law may do what it will with the owner of property; its just power will still attach to the cent. The law may in a mad freak say that all shall have power except the owners of property; they shall have no vote. Nevertheless, by a higher law, the property will, year after year, write every statute that respects property. The non-proprietor will be the scribe of the proprietor. What the owners wish to do, the whole power of property will do, either through the law or else in defiance of it. Of course I speak of all the property, not merely of the great estates. When the rich are outvoted, as frequently happens, it is the joint treasury of the poor which exceeds their accumulations. Every man owns something, if it is only a cow, or a wheel-barrow, or his arms, and so has that property to dispose of.
The same necessity which secures the rights of person and property against the malignity or folly of the magistrate, determines the form and methods of governing, which are proper to each nation and to its habit of thought, and nowise transferable to other states of society. In this country we are very vain of our political institutions, which are singular in this, that they sprung, within the memory of living men, from the character and condition of the people, which they still express with sufficient fidelity,—and we ostentatiously prefer them to any other in history. They are not better, but only fitter for us. We may be wise in asserting the advantage in modern times of the democratic form, but to other states of society, in which religion consecrated the monarchical, that and not this was expedient. Democracy is better for us, because the religious sentiment of the present time accords better with it. Born democrats, we are nowise qualified to judge of monarchy, which, to our fathers living in the monarchical idea, was also relatively right. But our institutions, though in coincidence with the spirit of the age, have not any exemption from the practical defects which have discredited other forms. Every actual State is corrupt. Good men must not obey the laws too well. What satire on government can equal the severity of censure conveyed in the word politic, which now for ages has signified cunning, intimating that the State is a trick?
The same benign necessity and the same practical abuse appear in the parties, into which each State divides itself, of opponents and defenders of the administration of the government. Parties are also founded on instincts, and have better guides to their own humble aims than the sagacity of their leaders. They have nothing perverse in their origin, but rudely mark some real and lasting relation. We might as wisely reprove the east wind or the frost, as a political party, whose members, for the most part, could give no account of their position, but stand for the defence of those interests in which they find themselves. Our quarrel with them begins when they quit this deep natural ground at the bidding of some leader, and obeying personal considerations, throw themselves into the maintenance and defence of points nowise belonging to their system. A party is perpetually corrupted by personality. Whilst we absolve the association from dishonesty, we cannot extend the same charity to their leaders. They reap the rewards of the docility and zeal of the masses which they direct. Ordinarily our parties are parties of circumstance, and not of principle; as the planting interest in conflict with the commercial; the party of capitalists and that of operatives; parties which are identical in their moral character, and which can easily change ground with each other in the support of many of their measures. Parties of principle, as, religious sects, or the party of free-trade, of universal suffrage, of abolition of slavery, of abolition of capital punishment,—degenerate into personalities, or would inspire enthusiasm. The vice of our leading parties in this country (which may be cited as a fair specimen of these societies of opinion) is that they do not plant themselves on the deep and necessary grounds to which they are respectively entitled, but lash themselves to fury in the carrying of some local and momentary measure, nowise useful to the commonwealth. Of the two great parties which at this hour almost share the nation between them, I should say that one has the best cause, and the other contains the best men. The philosopher, the poet, or the religious man will of course wish to cast his vote with the democrat, for free-trade, for wide suffrage, for the abolition of legal cruelties in the penal code, and for facilitating in every manner the access of the young and the poor to the sources of wealth and power. But he can rarely accept the persons whom the so-called popular party propose to him as representatives of these liberalities. They have not at heart the ends which give to the name of democracy what hope and virtue are in it. The spirit of our American radicalism is destructive and aimless: it is not loving; it has no ulterior and divine ends, but is destructive only out of hatred and selfishness. On the other side, the conservative party, composed of the most moderate, able, and cultivated part of the population, is timid, and merely defensive of property. It vindicates no right, it aspires to no real good, it brands no crime, it proposes no generous policy; it does not build, nor write, nor cherish the arts, nor foster religion, nor establish schools, nor encourage science, nor emancipate the slave, nor befriend the poor, or the Indian, or the immigrant. From neither party, when in power, has the world any benefit to expect in science, art, or humanity, at all commensurate with the resources of the nation.
I do not for these defects despair of our republic. We are not at the mercy of any waves of chance. In the strife of ferocious parties, human nature always finds itself cherished; as the children of the convicts at Botany Bay are found to have as healthy a moral sentiment as other children. Citizens of feudal states are alarmed at our democratic institutions lapsing into anarchy, and the older and more cautious among ourselves are learning from Europeans to look with some terror at our turbulent freedom. It is said that in our license of construing the Constitution, and in the despotism of public opinion, we have no anchor; and one foreign observer thinks he has found the safeguard in the sanctity of Marriage among us; and another thinks he has found it in our Calvinism. Fisher Ames expressed the popular security more wisely, when he compared a monarchy and a republic, saying that a monarchy is a merchantman, which sails well, but will sometimes strike on a rock and go to the bottom; whilst a republic is a raft, which would never sink, but then your feet are always in water. No forms can have any dangerous importance whilst we are befriended by the laws of things. It makes no difference how many tons weight of atmosphere presses on our heads, so long as the same pressure resists it within the lungs. Augment the mass a thousand fold, it cannot begin to crush us, as long as reaction is equal to action. The fact of two poles, of two forces, centripetal and centrifugal, is universal, and each force by its own activity develops the other. Wild liberty develops iron conscience. Want of liberty, by strengthening law and decorum, stupefies conscience. 'Lynch-law' prevails only where there is greater hardihood and self-subsistency in the leaders. A mob cannot be a permanency; everybody's interest requires that it should not exist, and only justice satisfies all.
We must trust infinitely to the beneficent necessity which shines through all laws. Human nature expresses itself in them as characteristically as in statues, or songs, or railroads; and an abstract of the codes of nations would be a transcript of the common conscience. Governments have their origin in the moral identity of men. Reason for one is seen to be reason for another, and for every other. There is a middle measure which satisfies all parties, be they never so many or so resolute for their own. Every man finds a sanction for his simplest claims and deeds in decisions of his own mind, which he calls Truth and Holiness. In these decisions all the citizens find a perfect agreement, and only in these; not in what is good to eat, good to wear, good use of time, or what amount of land or of public aid, each is entitled to claim. This truth and justice men presently endeavor to make application of to the measuring of land, the apportionment of service, the protection of life and property. Their first endeavors, no doubt, are very awkward. Yet absolute right is the first governor; or, every government is an impure theocracy. The idea after which each community is aiming to make and mend its law, is the will of the wise man. The wise man it cannot find in nature, and it makes awkward but earnest efforts to secure his government by contrivance; as by causing the entire people to give their voices on every measure; or by a double choice to get the representation of the whole; or, by a selection of the best citizens; or to secure the advantages of efficiency and internal peace by confiding the government to one, who may himself select his agents. All forms of government symbolize an immortal government, common to all dynasties and independent of numbers, perfect where two men exist, perfect where there is only one man.
Every man's nature is a sufficient advertisement to him of the character of his fellows. My right and my wrong is their right and their wrong. Whilst I do what is fit for me, and abstain from what is unfit, my neighbor and I shall often agree in our means, and work together for a time to one end. But whenever I find my dominion over myself not sufficient for me, and undertake the direction of him also, I overstep the truth, and come into false relations to him. I may have so much more skill or strength than he that he cannot express adequately his sense of wrong, but it is a lie, and hurts like a lie both him and me. Love and nature cannot maintain the assumption; it must be executed by a practical lie, namely by force. This undertaking for another is the blunder which stands in colossal ugliness in the governments of the world. It is the same thing in numbers, as in a pair, only not quite so intelligible. I can see well enough a great difference between my setting myself down to a self-control, and my going to make somebody else act after my views; but when a quarter of the human race assume to tell me what I must do, I may be too much disturbed by the circumstances to see so clearly the absurdity of their command. Therefore all public ends look vague and quixotic beside private ones. For any laws but those which men make for themselves, are laughable. If I put myself in the place of my child, and we stand in one thought and see that things are thus or thus, that perception is law for him and me. We are both there, both act. But if, without carrying him into the thought, I look over into his plot, and, guessing how it is with him, ordain this or that, he will never obey me. This is the history of governments,—one man does something which is to bind another. A man who cannot be acquainted with me, taxes me; looking from afar at me ordains that a part of my labor shall go to this or that whimsical end,—not as I, but as he happens to fancy. Behold the consequence. Of all debts men are least willing to pay the taxes. What a satire is this on government! Everywhere they think they get their money's worth, except for these.
Hence the less government we have the better,—the fewer laws, and the less confided power. The antidote to this abuse of formal Government is the influence of private character, the growth of the Individual; the appearance of the principal to supersede the proxy; the appearance of the wise man; of whom the existing government is, it must be owned, but a shabby imitation. That which all things tend to educe; which freedom, cultivation, intercourse, revolutions, go to form and deliver, is character; that is the end of Nature, to reach unto this coronation of her king. To educate the wise man the State exists, and with the appearance of the wise man the State expires. The appearance of character makes the State unnecessary. The wise man is the State. He needs no army, fort, or navy,—he loves men too well; no bribe, or feast, or palace, to draw friends to him; no vantage ground, no favorable circumstance. He needs no library, for he has not done thinking; no church, for he is a prophet; no statute book, for he has the lawgiver; no money, for he is value; no road, for he is at home where he is; no experience, for the life of the creator shoots through him, and looks from his eyes. He has no personal friends, for he who has the spell to draw the prayer and piety of all men unto him needs not husband and educate a few to share with him a select and poetic life. His relation to men is angelic; his memory is myrrh to them; his presence, frankincense and flowers.
We think our civilization near its meridian, but we are yet only at the cock-crowing and the morning star. In our barbarous society the influence of character is in its infancy. As a political power, as the rightful lord who is to tumble all rulers from their chairs, its presence is hardly yet suspected. Malthus and Ricardo quite omit it; the Annual Register is silent; in the Conversations' Lexicon it is not set down; the President's Message, the Queen's Speech, have not mentioned it; and yet it is never nothing. Every thought which genius and piety throw into the world, alters the world. The gladiators in the lists of power feel, through all their frocks of force and simulation, the presence of worth. I think the very strife of trade and ambition are confession of this divinity; and successes in those fields are the poor amends, the fig-leaf with which the shamed soul attempts to hide its nakedness. I find the like unwilling homage in all quarters. It is because we know how much is due from us that we are impatient to show some petty talent as a substitute for worth. We are haunted by a conscience of this right to grandeur of character, and are false to it. But each of us has some talent, can do somewhat useful, or graceful, or formidable, or amusing, or lucrative. That we do, as an apology to others and to ourselves for not reaching the mark of a good and equal life. But it does not satisfy us, whilst we thrust it on the notice of our companions. It may throw dust in their eyes, but does not smooth our own brow, or give us the tranquillity of the strong when we walk abroad. We do penance as we go. Our talent is a sort of expiation, and we are constrained to reflect on our splendid moment with a certain humiliation, as somewhat too fine, and not as one act of many acts, a fair expression of our permanent energy. Most persons of ability meet in society with a kind of tacit appeal. Each seems to say, 'I am not all here.' Senators and presidents have climbed so high with pain enough, not because they think the place specially agreeable, but as an apology for real worth, and to vindicate their manhood in our eyes. This conspicuous chair is their compensation to themselves for being of a poor, cold, hard nature. They must do what they can. Like one class of forest animals, they have nothing but a prehensile tail; climb they must, or crawl. If a man found himself so rich-natured that he could enter into strict relations with the best persons and make life serene around him by the dignity and sweetness of his behavior, could he afford to circumvent the favor of the caucus and the press, and covet relations so hollow and pompous as those of a politician? Surely nobody would be a charlatan who could afford to be sincere.
The tendencies of the times favor the idea of self-government, and leave the individual, for all code, to the rewards and penalties of his own constitution; which work with more energy than we believe whilst we depend on artificial restraints. The movement in this direction has been very marked in modern history. Much has been blind and discreditable, but the nature of the revolution is not affected by the vices of the revolters; for this is a purely moral force. It was never adopted by any party in history, neither can be. It separates the individual from all party, and unites him at the same time to the race. It promises a recognition of higher rights than those of personal freedom, or the security of property. A man has a right to be employed, to be trusted, to be loved, to be revered. The power of love, as the basis of a State, has never been tried. We must not imagine that all things are lapsing into confusion if every tender protestant be not compelled to bear his part in certain social conventions; nor doubt that roads can be built, letters carried, and the fruit of labor secured, when the government of force is at an end. Are our methods now so excellent that all competition is hopeless? could not a nation of friends even devise better ways? On the other hand, let not the most conservative and timid fear anything from a premature surrender of the bayonet and the system of force. For, according to the order of nature, which is quite superior to our will, it stands thus; there will always be a government of force where men are selfish; and when they are pure enough to abjure the code of force they will be wise enough to see how these public ends of the post-office, of the highway, of commerce and the exchange of property, of museums and libraries, of institutions of art and science can be answered.
We live in a very low state of the world, and pay unwilling tribute to governments founded on force. There is not, among the most religious and instructed men of the most religious and civil nations, a reliance on the moral sentiment and a sufficient belief in the unity of things, to persuade them that society can be maintained without artificial restraints, as well as the solar system; or that the private citizen might be reasonable and a good neighbor, without the hint of a jail or a confiscation. What is strange too, there never was in any man sufficient faith in the power of rectitude to inspire him with the broad design of renovating the State on the principle of right and love. All those who have pretended this design have been partial reformers, and have admitted in some manner the supremacy of the bad State. I do not call to mind a single human being who has steadily denied the authority of the laws, on the simple ground of his own moral nature. Such designs, full of genius and full of fate as they are, are not entertained except avowedly as air-pictures. If the individual who exhibits them dare to think them practicable, he disgusts scholars and churchmen; and men of talent and women of superior sentiments cannot hide their contempt. Not the less does nature continue to fill the heart of youth with suggestions of this enthusiasm, and there are now men,—if indeed I can speak in the plural number,—more exactly, I will say, I have just been conversing with one man, to whom no weight of adverse experience will make it for a moment appear impossible that thousands of human beings might exercise towards each other the grandest and simplest sentiments, as well as a knot of friends, or a pair of lovers.
NOMINALIST AND REALIST.
In countless upward-striving waves
The moon-drawn tide-wave strives:
In thousand far-transplanted grafts
The parent fruit survives;
So, in the new-born millions,
The perfect Adam lives.
Not less are summer-mornings dear
To every child they wake,
And each with novel life his sphere
Fills for his proper sake.
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