I
| II | III
| IV
BOOK III
BEFORE
speaking of the different forms of government, let us try to fix the
exact sense of the word, which has not yet been very clearly explained.
1. GOVERNMENT
IN GENERAL
I WARN the reader that this chapter requires careful reading, and that
I am unable to make myself clear to those who refuse to be attentive.
Every free action is produced by the concurrence of two causes; one
moral, i.e., the will which determines the act; the other physical,
i.e., the power which executes it. When I walk towards an object, it
is necessary first that I should will to go there, and, in the second
place, that my feet should carry me. If a paralytic wills to run and
an active man wills not to, they will both stay where they are. The
body politic has the same motive powers; here too force and will are
distinguished, will under the name of legislative power and force under
that of executive power. Without their concurrence, nothing is, or should
be, done.
We have
seen that the legislative power belongs to the people, and can belong
to it alone. It may, on the other hand, readily be seen, from the principles
laid down above, that the executive power cannot belong to the generality
as legislature or Sovereign, because it consists wholly of particular
acts which fall outside the competency of the law, and consequently
of the Sovereign, whose acts must always be laws.
The public
force therefore needs an agent of its own to bind it together and set
it to work under the direction of the general will, to serve as a means
of communication between the State and the Sovereign, and to do for
the collective person more or less what the union of soul and body does
for man. Here we have what is, in the State, the basis of government,
often wrongly confused with the Sovereign, whose minister it is.
What then
is government? An intermediate body set up between the subjects and
the Sovereign, to secure their mutual correspondence, charged with the
execution of the laws and the maintenance of liberty, both civil and
political.
The members
of this body are called magistrates or kings, that is to say governors,
and the whole body bears the name prince.18 Thus those who hold that
the act, by which a people puts itself under a prince, is not a contract,
are certainly right. It is simply and solely a commission, an employment,
in which the rulers, mere officials of the Sovereign, exercise in their
own name the power of which it makes them depositaries. This power it
can limit, modify or recover at pleasure; for the alienation of such
a right is incompatible with the nature of the social body, and contrary
to the end of association.
I call
then government, or supreme administration, the legitimate exercise
of the executive power, and prince or magistrate the man or the body
entrusted with that administration.
In government
reside the intermediate forces whose relations make up that of the whole
to the whole, or of the Sovereign to the State. This last relation may
be represented as that between the extreme terms of a continuous proportion,
which has government as its mean proportional. The government gets from
the Sovereign the orders it gives the people, and, for the State to
be properly balanced, there must, when everything is reckoned in, be
equality between the product or power of the government taken in itself,
and the product or power of the citizens, who are on the one hand sovereign
and on the other subject.
Furthermore,
none of these three terms can be altered without the equality being
instantly destroyed. If the Sovereign desires to govern, or the magistrate
to give laws, or if the subjects refuse to obey, disorder takes the
place of regularity, force and will no longer act together, and the
State is dissolved and falls into despotism or anarchy. Lastly, as there
is only one mean proportional between each relation, there is also only
one good government possible for a State. But, as countless events may
change the relations of a people, not only may different governments
be good for different peoples, but also for the same people at different
times.
In attempting
to give some idea of the various relations that may hold between these
two extreme terms, I shall take as an example the number of a people,
which is the most easily expressible.
Suppose
the State is composed of ten thousand citizens. The Sovereign can only
be considered collectively and as a body; but each member, as being
a subject, is regarded as an individual: thus the Sovereign is to the
subject as ten thousand to one, i.e., each member of the State has as
his share only a ten-thousandth part of the sovereign authority, although
he is wholly under its control. If the people numbers a hundred thousand,
the condition of the subject undergoes no change, and each equally is
under the whole authority of the laws, while his vote, being reduced
to a hundred-thousandth part, has ten times less influence in drawing
them up. The subject therefore remaining always a unit, the relation
between him and the Sovereign increases with the number of the citizens.
From this it follows that, the larger the State, the less the liberty.
When I
say the relation increases, I mean that it grows more unequal. Thus
the greater it is in the geometrical sense, the less relation there
is in the ordinary sense of the word. In the former sense, the relation,
considered according to quantity, is expressed by the quotient; in the
latter, considered according to identity, it is reckoned by similarity.
Now, the
less relation the particular wills have to the general will, that is,
morals and manners to laws, the more should the repressive force be
increased. The government, then, to be good, should be proportionately
stronger as the people is more numerous.
On the
other hand, as the growth of the State gives the depositaries of the
public authority more temptations and chances of abusing their power,
the greater the force with which the government ought to be endowed
for keeping the people in hand, the greater too should be the force
at the disposal of the Sovereign for keeping the government in hand.
I am speaking, not of absolute force, but of the relative force of the
different parts of the State.
It follows
from this double relation that the continuous proportion between the
Sovereign, the prince and the people, is by no means an arbitrary idea,
but a necessary consequence of the nature of the body politic. It follows
further that, one of the extreme terms, viz., the people, as subject,
being fixed and represented by unity, whenever the duplicate ratio increases
or diminishes, the simple ratio does the same, and is changed accordingly.
From this we see that there is not a single unique and absolute form
of government, but as many governments differing in nature as there
are States differing in size.
If, ridiculing
this system, any one were to say that, in order to find the mean proportional
and give form to the body of the government, it is only necessary, according
to me, to find the square root of the number of the people, I should
answer that I am here taking this number only as an instance; that the
relations of which I am speaking are not measured by the number of men
alone, but generally by the amount of action, which is a combination
of a multitude of causes; and that, further, if, to save words, I borrow
for a moment the terms of geometry, I am none the less well aware that
moral quantities do not allow of geometrical accuracy.
The government
is on a small scale what the body politic which includes it is on a
great one. It is a moral person endowed with certain faculties, active
like the Sovereign and passive like the State, and capable of being
resolved into other similar relations. This accordingly gives rise to
a new proportion, within which there is yet another, according to the
arrangement of the magistracies, till an indivisible middle term is
reached, i.e., a single ruler or supreme magistrate, who may be represented,
in the midst of this progression, as the unity between the fractional
and the ordinal series.
Without
encumbering ourselves with this multiplication of terms, let us rest
content with regarding government as a new body within the State, distinct
from the people and the Sovereign, and intermediate between them.
There is
between these two bodies this essential difference, that the State exists
by itself, and the government only through the Sovereign. Thus the dominant
will of the prince is, or should be, nothing but the general will or
the law; his force is only the public force concentrated in his hands,
and, as soon as he tries to base any absolute and independent act on
his own authority, the tie that binds the whole together begins to be
loosened. If finally the prince should come to have a particular will
more active than the will of the Sovereign, and should employ the public
force in his hands in obedience to this particular will, there would
be, so to speak, two Sovereigns, one rightful and the other actual,
the social union would evaporate instantly, and the body politic would
be dissolved.
However,
in order that the government may have a true existence and a real life
distinguishing it from the body of the State, and in order that all
its members may be able to act in concert and fulfil the end for which
it was set up, it must have a particular personality, a sensibility
common to its members, and a force and will of its own making for its
preservation. This particular existence implies assemblies, councils,
power and deliberation and decision, rights, titles, and privileges
belonging exclusively to the prince and making the office of magistrate
more honourable in proportion as it is more troublesome. The difficulties
lie in the manner of so ordering this subordinate whole within the whole,
that it in no way alters the general constitution by affirmation of
its own, and always distinguishes the particular force it possesses,
which is destined to aid in its preservation, from the public force,
which is destined to the preservation of the State; and, in a word,
is always ready to sacrifice the government to the people, and never
to sacrifice the people to the government.
Furthermore,
although the artificial body of the government is the work of another
artificial body, and has, we may say, only a borrowed and subordinate
life, this does not prevent it from being able to act with more or less
vigour or promptitude, or from being, so to speak, in more or less robust
health. Finally, without departing directly from the end for which it
was instituted, it may deviate more or less from it, according to the
manner of its constitution.
From all
these differences arise the various relations which the government ought
to bear to the body of the State, according to the accidental and particular
relations by which the State itself is modified, for often the government
that is best in itself will become the most pernicious, if the relations
in which it stands have altered according to the defects of the body
politic to which it belongs.
2. THE
CONSTITUENT PRINCIPLE IN THE VARIOUS FORMS OF GOVERNMENT
TO set forth the general cause of the above differences, we must here
distinguish between government and its principle, as we did before between
the State and the Sovereign.
The body
of the magistrate may be composed of a greater or a less number of members.
We said that the relation of the Sovereign to the subjects was greater
in proportion as the people was more numerous, and, by a clear analogy,
we may say the same of the relation of the government to the magistrates.
But the
total force of the government, being always that of the State, is invariable;
so that, the more of this force it expends on its own members, the less
it has left to employ on the whole people.
The more
numerous the magistrates, therefore, the weaker the government. This
principle being fundamental, we must do our best to make it clear.
In the
person of the magistrate we can distinguish three essentially different
wills: first, the private will of the individual, tending only to his
personal advantage; secondly, the common will of the magistrates, which
is relative solely to the advantage of the prince, and may be called
corporate will, being general in relation to the government, and particular
in relation to the State, of which the government forms part; and, in
the third place, the will of the people or the sovereign will, which
is general both in relation to the State regarded as the whole, and
to the government regarded as a part of the whole.
In a perfect
act of legislation, the individual or particular will should be at zero;
the corporate will belonging to the government should occupy a very
subordinate position; and, consequently, the general or sovereign will
should always predominate and should be the sole guide of all the rest.
According
to the natural order, on the other hand, these different wills become
more active in proportion as they are concentrated. Thus, the general
will is always the weakest, the corporate will second, and the individual
will strongest of all: so that, in the government, each member is first
of all himself, then a magistrate, and then a citizen — in an
order exactly the reverse of what the social system requires.
This granted,
if the whole government is in the hands of one man, the particular and
the corporate will are wholly united, and consequently the latter is
at its highest possible degree of intensity. But, as the use to which
the force is put depends on the degree reached by the will, and as the
absolute force of the government is invariable, it follows that the
most active government is that of one man.
Suppose,
on the other hand, we unite the government with the legislative authority,
and make the Sovereign prince also, and all the citizens so many magistrates:
then the corporate will, being confounded with the general will, can
possess no greater activity than that will, and must leave the particular
will as strong as it can possibly be. Thus, the government, having always
the same absolute force, will be at the lowest point of its relative
force or activity.
These relations
are incontestable, and there are other considerations which still further
confirm them. We can see, for instance, that each magistrate is more
active in the body to which he belongs than each citizen in that to
which he belongs, and that consequently the particular will has much
more influence on the acts of the government than on those of the Sovereign;
for each magistrate is almost always charged with some governmental
function, while each citizen, taken singly, exercises no function of
Sovereignty. Furthermore, the bigger the State grows, the more its real
force increases, though not in direct proportion to its growth; but,
the State remaining the same, the number of magistrates may increase
to any extent, without the government gaining any greater real force;
for its force is that of the State, the dimension of which remains equal.
Thus the relative force or activity of the government decreases, while
its absolute or real force cannot increase.
Moreover,
it is a certainty that promptitude in execution diminishes as more people
are put in charge of it: where prudence is made too much of, not enough
is made of fortune; opportunity is let slip, and deliberation results
in the loss of its object.
I have
just proved that the government grows remiss in proportion as the number
of the magistrates increases; and I previously proved that, the more
numerous the people, the greater should be the repressive force. From
this it follows that the relation of the magistrates to the government
should vary inversely to the relation of the subjects to the Sovereign;
that is to say, the larger the State, the more should the government
be tightened, so that the number of the rulers diminish in proportion
to the increase of that of the people.
It should
be added that I am here speaking of the relative strength of the government,
and not of its rectitude: for, on the other hand, the more numerous
the magistracy, the nearer the corporate will comes to the general will;
while, under a single magistrate, the corporate will is, as I said,
merely a particular will. Thus, what may be gained on one side is lost
on the other, and the art of the legislator is to know how to fix the
point at which the force and the will of the government, which are always
in inverse proportion, meet in the relation that is most to the advantage
of the State.
3. THE
DIVISION OF GOVERNMENTS
WE saw in the last chapter what causes the various kinds or forms of
government to be distinguished according to the number of the members
composing them: it remains in this to discover how the division is made.
In the
first place, the Sovereign may commit the charge of the government to
the whole people or to the majority of the people, so that more citizens
are magistrates than are mere private individuals. This form of government
is called democracy.
Or it may
restrict the government to a small number, so that there are more private
citizens than magistrates; and this is named aristocracy.
Lastly,
it may concentrate the whole government in the hands of a single magistrate
from whom all others hold their power. This third form is the most usual,
and is called monarchy, or royal government.
It should
be remarked that all these forms, or at least the first two, admit of
degree, and even of very wide differences; for democracy may include
the whole people, or may be restricted to half. Aristocracy, in its
turn, may be restricted indefinitely from half the people down to the
smallest possible number. Even royalty is susceptible of a measure of
distribution. Sparta always had two kings, as its constitution provided;
and the Roman Empire saw as many as eight emperors at once, without
it being possible to say that the Empire was split up. Thus there is
a point at which each form of government passes into the next, and it
becomes clear that, under three comprehensive denominations, government
is really susceptible of as many diverse forms as the State has citizens.
There are
even more: for, as the government may also, in certain aspects, be subdivided
into other parts, one administered in one fashion and one in another,
the combination of the three forms may result in a multitude of mixed
forms, each of which admits of multiplication by all the simple forms.
There has
been at all times much dispute concerning the best form of government,
without consideration of the fact that each is in some cases the best,
and in others the worst.
If, in
the different States, the number of supreme magistrates should be in
inverse ratio to the number of citizens, it follows that, generally,
democratic government suits small States, aristocratic government those
of middle size, and monarchy great ones. This rule is immediately deducible
from the principle laid down. But it is impossible to count the innumerable
circumstances which may furnish exceptions.
4. DEMOCRACY
HE who makes the law knows better than any one else how it should be
executed and interpreted. It seems then impossible to have a better
constitution than that in which the executive and legislative powers
are united; but this very fact renders the government in certain respects
inadequate, because things which should be distinguished are confounded,
and the prince and the Sovereign, being the same person, form, so to
speak, no more than a government without government.
It is not
good for him who makes the laws to execute them, or for the body of
the people to turn its attention away from a general standpoint and
devote it to particular objects. Nothing is more dangerous than the
influence of private interests in public affairs, and the abuse of the
laws by the government is a less evil than the corruption of the legislator,
which is the inevitable sequel to a particular standpoint. In such a
case, the State being altered in substance, all reformation becomes
impossible, A people that would never misuse governmental powers would
never misuse independence; a people that would always govern well would
not need to be governed.
If we take
the term in the strict sense, there never has been a real democracy,
and there never will be. It is against the natural order for the many
to govern and the few to be governed. It is unimaginable that the people
should remain continually assembled to devote their time to public affairs,
and it is clear that they cannot set up commissions for that purpose
without the form of administration being changed.
In fact,
I can confidently lay down as a principle that, when the functions of
government are shared by several tribunals, the less numerous sooner
or later acquire the greatest authority, if only because they are in
a position to expedite affairs, and power thus naturally comes into
their hands.
Besides,
how many conditions that are difficult to unite does such a government
presuppose! First, a very small State, where the people can readily
be got together and where each citizen can with ease know all the rest;
secondly, great simplicity of manners, to prevent business from multiplying
and raising thorny problems; next, a large measure of equality in rank
and fortune, without which equality of rights and authority cannot long
subsist; lastly, little or no luxury — for luxury either comes
of riches or makes them necessary; it corrupts at once rich and poor,
the rich by possession and the poor by covetousness; it sells the country
to softness and vanity, and takes away from the State all its citizens,
to make them slaves one to another, and one and all to public opinion.
This is
why a famous writer has made virtue the fundamental principle of Republics;E1
for all these conditions could not exist without virtue. But, for want
of the necessary distinctions, that great thinker was often inexact,
and sometimes obscure, and did not see that, the sovereign authority
being everywhere the same, the same principle should be found in every
well-constituted State, in a greater or less degree, it is true, according
to the form of the government.
It may
be added that there is no government so subject to civil wars and intestine
agitations as democratic or popular government, because there is none
which has so strong and continual a tendency to change to another form,
or which demands more vigilance and courage for its maintenance as it
is. Under such a constitution above all, the citizen should arm himself
with strength and constancy, and say, every day of his life, what a
virtuous Count Palatine19 said in the Diet of Poland: Malo periculosam
libertatem quam quietum servitium.20
Were there
a people of gods, their government would be democratic. So perfect a
government is not for men.
5. ARISTOCRACY
WE have here two quite distinct moral persons, the government and the
Sovereign, and in consequence two general wills, one general in relation
to all the citizens, the other only for the members of the administration.
Thus, although the government may regulate its internal policy as it
pleases, it can never speak to the people save in the name of the Sovereign,
that is, of the people itself, a fact which must not be forgotten.
The first
societies governed themselves aristocratically. The heads of families
took counsel together on public affairs. The young bowed without question
to the authority of experience. Hence such names as priests, elders,
senate, and gerontes. The savages of North America govern themselves
in this way even now, and their government is admirable.
But, in
proportion as artificial inequality produced by institutions became
predominant over natural inequality, riches or power21 were put before
age, and aristocracy became elective. Finally, the transmission of the
father's power along with his goods to his children, by creating patrician
families, made government hereditary, and there came to be senators
of twenty.
There are
then three sorts of aristocracy — natural, elective and hereditary.
The first is only for simple peoples; the third is the worst of all
governments; the second is the best, and is aristocracy properly so
called.
Besides
the advantage that lies in the distinction between the two powers, it
presents that of its members being chosen; for, in popular government,
all the citizens are born magistrates; but here magistracy is confined
to a few, who become such only by election.22 By this means uprightness,
understanding, experience and all other claims to pre-eminence and public
esteem become so many further guarantees of wise government.
Moreover,
assemblies are more easily held, affairs better discussed and carried
out with more order and diligence, and the credit of the State is better
sustained abroad by venerable senators than by a multitude that is unknown
or despised.
In a word,
it is the best and most natural arrangement that the wisest should govern
the many, when it is assured that they will govern for its profit, and
not for their own. There is no need to multiply instruments, or get
twenty thousand men to do what a hundred picked men can do even better.
But it must not be forgotten that corporate interest here begins to
direct the public power less under the regulation of the general will,
and that a further inevitable propensity takes away from the laws part
of the executive power.
If we are
to speak of what is individually desirable, neither should the State
be so small, nor a people so simple and upright, that the execution
of the laws follows immediately from the public will, as it does in
a good democracy. Nor should the nation be so great that the rulers
have to scatter in order to govern it and are able to play the Sovereign
each in his own department, and, beginning by making themselves independent,
end by becoming masters.
But if
aristocracy does not demand all the virtues needed by popular government,
it demands others which are peculiar to itself; for instance, moderation
on the side of the rich and contentment on that of the poor; for it
seems that thorough-going equality would be out of place, as it was
not found even at Sparta.
Furthermore,
if this form of government carries with it a certain inequality of fortune,
this is justifiable in order that as a rule the administration of public
affairs may be entrusted to those who are most able to give them their
whole time, but not, as Aristotle maintains, in order that the rich
may always be put first. On the contrary, it is of importance that an
opposite choice should occasionally teach the people that the deserts
of men offer claims to pre-eminence more important than those of riches.
6. MONARCHY
So far, we have considered the prince as a moral and collective person,
unified by the force of the laws, and the depositary in the State of
the executive power. We have now to consider this power when it is gathered
together into the hands of a natural person, a real man, who alone has
the right to dispose of it in accordance with the laws. Such a person
is called a monarch or king.
In contrast
with other forms of administration, in which a collective being stands
for an individual, in this form an individual stands for a collective
being; so that the moral unity that constitutes the prince is at the
same time a physical unity, and all the qualities, which in the other
case are only with difficulty brought together by the law, are found
naturally united.
Thus the
will of the people, the will of the prince, the public force of the
State, and the particular force of the government, all answer to a single
motive power; all the springs of the machine are in the same hands,
the whole moves towards the same end; there are no conflicting movements
to cancel one another, and no kind of constitution can be imagined in
which a less amount of effort produces a more considerable amount of
action. Archimedes, seated quietly on the bank and easily drawing a
great vessel afloat, stands to my mind for a skilful monarch, governing
vast states from his study, and moving everything while he seems himself
unmoved.
But if
no government is more vigorous than this, there is also none in which
the particular will holds more sway and rules the rest more easily.
Everything moves towards the same end indeed, but this end is by no
means that of the public happiness, and even the force of the administration
constantly shows itself prejudicial to the State.
Kings desire
to be absolute, and men are always crying out to them from afar that
the best means of being so is to get themselves loved by their people.
This precept is all very well, and even in some respects very true.
Unfortunately, it will always be derided at court. The power which comes
of a people's love is no doubt the greatest; but it is precarious and
conditional, and princes will never rest content with it. The best kings
desire to be in a position to be wicked, if they please, without forfeiting
their mastery: political sermonisers may tell them to their hearts'
content that, the people's strength being their own, their first interest
is that the people should be prosperous, numerous and formidable; they
are well aware that this is untrue. Their first personal interest is
that the people should be weak, wretched, and unable to resist them.
I admit that, provided the subjects remained always in submission, the
prince's interest would indeed be that it should be powerful, in order
that its power, being his own, might make him formidable to his neighbours;
but, this interest being merely secondary and subordinate, and strength
being incompatible with submission, princes naturally give the preference
always to the principle that is more to their immediate advantage. This
is what Samuel put strongly before the Hebrews, and what Machiavelli
has clearly shown. He professed to teach kings; but it was the people
he really taught. His Prince is the book of Republicans.23
We found,
on general grounds, that monarchy is suitable only for great States,
and this is confirmed when we examine it in itself. The more numerous
the public administration, the smaller becomes the relation between
the prince and the subjects, and the nearer it comes to equality, so
that in democracy the ratio is unity, or absolute equality. Again, as
the government is restricted in numbers the ratio increases and reaches
its maximum when the government is in the hands of a single person.
There is then too great a distance between prince and people, and the
State lacks a bond of union. To form such a bond, there must be intermediate
orders, and princes, personages and nobility to compose them. But no
such things suit a small State, to which all class differences mean
ruin.
If, however,
it is hard for a great State to be well governed, it is much harder
for it to be so by a single man; and every one knows what happens when
kings substitute others for themselves.
An essential
and inevitable defect, which will always rank monarchical below the
republican government, is that in a republic the public voice hardly
ever raises to the highest positions men who are not enlightened and
capable, and such as to fill them with honour; while in monarchies those
who rise to the top are most often merely petty blunderers, petty swindlers,
and petty intriguers, whose petty talents cause them to get into the
highest positions at Court, but, as soon as they have got there, serve
only to make their ineptitude clear to the public. The people is far
less often mistaken in its choice than the prince; and a man of real
worth among the king's ministers is almost as rare as a fool at the
head of a republican government. Thus, when, by some fortunate chance,
one of these born governors takes the helm of State in some monarchy
that has been nearly overwhelmed by swarms of "gentlemanly"
administrators, there is nothing but amazement at the resources he discovers,
and his coming marks an era in his country's history.
For a monarchical
State to have a chance of being well governed, its population and extent
must be proportionate to the abilities of its governor. It is easier
to conquer than to rule. With a long enough lever, the world could be
moved with a single finger; to sustain it needs the shoulders of Hercules.
However small a State may be, the prince is hardly ever big enough for
it. When, on the other hand, it happens that the State is too small
for its ruler, in these rare cases too it is ill governed, because the
ruler, constantly pursuing his great designs, forgets the interests
of the people, and makes it no less wretched by misusing the talents
he has, than a ruler of less capacity would make it for want of those
he had not. A kingdom should, so to speak, expand or contract with each
reign, according to the prince's capabilities; but, the abilities of
a senate being more constant in quantity, the State can then have permanent
frontiers without the administration suffering.
The disadvantage
that is most felt in monarchical government is the want of the continuous
succession which, in both the other forms, provides an unbroken bond
of union. When one king dies, another is needed; elections leave dangerous
intervals and are full of storms; and unless the citizens are disinterested
and upright to a degree which very seldom goes with this kind of government,
intrigue and corruption abound. He to whom the State has sold itself
can hardly help selling it in his turn and repaying himself, at the
expense of the weak, the money the powerful have wrung from him. Under
such an administration, venality sooner or later spreads through every
part, and peace so enjoyed under a king is worse than the disorders
of an interregnum.
What has
been done to prevent these evils? Crowns have been made hereditary in
certain families, and an order of succession has been set up, to prevent
disputes from arising on the death of kings. That is to say, the disadvantages
of regency have been put in place of those of election, apparent tranquillity
has been preferred to wise administration, and men have chosen rather
to risk having children, monstrosities, or imbeciles as rulers to having
disputes over the choice of good kings. It has not been taken into account
that, in so exposing ourselves to the risks this possibility entails,
we are setting almost all the chances against us. There was sound sense
in what the younger Dionysius said to his father, who reproached him
for doing some shameful deed by asking, "Did I set you the example?"
"No," answered his son, "but your father was not king."
Everything
conspires to take away from a man who is set in authority over others
the sense of justice and reason. Much trouble, we are told, is taken
to teach young princes the art of reigning; but their education seems
to do them no good. It would be better to begin by teaching them the
art of obeying. The greatest kings whose praises history tells were
not brought up to reign: reigning is a science we are never so far from
possessing as when we have learnt too much of it, and one we acquire
better by obeying than by commanding. "Nam utilissimus idem ac
brevissimus bonarum malarumque rerum delectus cogitare quid aut nolueris
sub alio principe, aut volueris."24
One result
of this lack of coherence is the inconstancy of royal government, which,
regulated now on one scheme and now on another, according to the character
of the reigning prince or those who reign for him, cannot for long have
a fixed object or a consistent policy — and this variability,
not found in the other forms of government, where the prince is always
the same, causes the State to be always shifting from principle to principle
and from project to project. Thus we may say that generally, if a court
is more subtle in intrigue, there is more wisdom in a senate, and Republics
advance towards their ends by more consistent and better considered
policies; while every revolution in a royal ministry creates a revolution
in the State; for the principle common to all ministers and nearly all
kings is to do in every respect the reverse of what was done by their
predecessors.
This incoherence
further clears up a sophism that is very familiar to royalist political
writers; not only is civil government likened to domestic government,
and the prince to the father of a family — this error has already
been refuted — but the prince is also freely credited with all
the virtues he ought to possess, and is supposed to be always what he
should be. This supposition once made, royal government is clearly preferable
to all others, because it is incontestably the strongest, and, to be
the best also, wants only a corporate will more in conformity with the
general will.
But if,
according to Plato,25 the "king by nature" is such a rarity,
how often will nature and fortune conspire to give him a crown? And,
if royal education necessarily corrupts those who receive it, what is
to be hoped from a series of men brought up to reign? It is, then, wanton
self-deception to confuse royal government with government by a good
king. To see such government as it is in itself, we must consider it
as it is under princes who are incompetent or wicked: for either they
will come to the throne wicked or incompetent, or the throne will make
them so.
These difficulties
have not escaped our writers, who, all the same, are not troubled by
them. The remedy, they say, is to obey without a murmur: God sends bad
kings in His wrath, and they must be borne as the scourges of Heaven.
Such talk is doubtless edifying; but it would be more in place in a
pulpit than in a political book. What are we to think of a doctor who
promises miracles, and whose whole art is to exhort the sufferer to
patience? We know for ourselves that we must put up with a bad government
when it is there; the question is how to find a good one.
7. MIXED
GOVERNMENTS
STRICTLY speaking, there is no such thing as a simple government. An
isolated ruler must have subordinate magistrates; a popular government
must have a head. There is therefore, in the distribution of the executive
power, always a gradation from the greater to the lesser number, with
the difference that sometimes the greater number is dependent on the
smaller, and sometimes the smaller on the greater.
Sometimes
the distribution is equal, when either the constituent parts are in
mutual dependence, as in the government of England, or the authority
of each section is independent, but imperfect, as in Poland. This last
form is bad; for it secures no unity in the government, and the State
is left without a bond of union.
Is a simple
or a mixed government the better? Political writers are always debating
the question, which must be answered as we have already answered a question
about all forms of government.
Simple
government is better in itself, just because it is simple. But when
the executive power is not sufficiently dependent upon the legislative
power, i.e., when the prince is more closely related to the Sovereign
than the people to the prince, this lack of proportion must be cured
by the division of the government; for all the parts have then no less
authority over the subjects, while their division makes them all together
less strong against the Sovereign.
The same
disadvantage is also prevented by the appointment of intermediate magistrates,
who leave the government entire, and have the effect only of balancing
the two powers and maintaining their respective rights. Government is
then not mixed, but moderated.
The opposite
disadvantages may be similarly cured, and, when the government is too
lax, tribunals may be set up to concentrate it. This is done in all
democracies. In the first case, the government is divided to make it
weak; in the second, to make it strong: for the maxima of both strength
and weakness are found in simple governments, while the mixed forms
result in a mean strength.
8. THAT
ALL FORMS OF GOVERNMENT DO NOT SUIT ALL COUNTRIES
LIBERTY, not being a fruit of all climates, is not within the reach
of all peoples. The more this principle, laid down by Montesquieu,E2
is considered, the more its truth is felt; the more it is combated,
the more chance is given to confirm it by new proofs.
In all
the governments that there are, the public person consumes without producing.
Whence then does it get what it consumes? From the labour of its members.
The necessities of the public are supplied out of the superfluities
of individuals. It follows that the civil State can subsist only so
long as men's labour brings them a return greater than their needs.
The amount
of this excess is not the same in all countries. In some it is considerable,
in others middling, in yet others nil, in some even negative. The relation
of product to subsistence depends on the fertility of the climate, on
the sort of labour the land demands, on the nature of its products,
on the strength of its inhabitants, on the greater or less consumption
they find necessary, and on several further considerations of which
the whole relation is made up.
On the
other side, all governments are not of the same nature: some are less
voracious than others, and the differences between them are based on
this second principle, that the further from their source the public
contributions are removed, the more burdensome they become. The charge
should be measured not by the amount of the impositions, but by the
path they have to travel in order to get back to those from whom they
came. When the circulation is prompt and well-established, it does not
matter whether much or little is paid; the people is always rich and,
financially speaking, all is well. On the contrary, however little the
people gives, if that little does not return to it, it is soon exhausted
by giving continually: the State is then never rich, and the people
is always a people of beggars.
It follows
that, the more the distance between people and government increases,
the more burdensome tribute becomes: thus, in a democracy, the people
bears the least charge; in an aristocracy, a greater charge; and, in
monarchy, the weight becomes heaviest. Monarchy therefore suits only
wealthy nations; aristocracy, States of middling size and wealth; and
democracy, States that are small and poor.
In fact,
the more we reflect, the more we find the difference between free and
monarchical States to be this: in the former, everything is used for
the public advantage; in the latter, the public forces and those of
individuals are affected by each other, and either increases as the
other grows weak; finally, instead of governing subjects to make them
happy, despotism makes them wretched in order to govern them.
We find
then, in every climate, natural causes according to which the form of
government which it requires can be assigned, and we can even say what
sort of inhabitants it should have.
Unfriendly
and barren lands, where the product does not repay the labour, should
remain desert and uncultivated, or peopled only by savages; lands where
men's labour brings in no more than the exact minimum necessary to subsistence
should be inhabited by barbarous peoples: in such places all polity
is impossible. Lands where the surplus of product over labour is only
middling are suitable for free peoples; those in which the soil is abundant
and fertile and gives a great product for a little labour call for monarchical
government, in order that the surplus of superfluities among the subjects
may be consumed by the luxury of the prince: for it is better for this
excess to be absorbed by the government than dissipated among the individuals.
I am aware that there are exceptions; but these exceptions themselves
confirm the rule, in that sooner or later they produce revolutions which
restore things to the natural order.
General
laws should always be distinguished from individual causes that may
modify their effects. If all the South were covered with Republics and
all the North with despotic States, it would be none the less true that,
in point of climate, despotism is suitable to hot countries, barbarism
to cold countries, and good polity to temperate regions. I see also
that, the principle being granted, there may be disputes on its application;
it may be said that there are cold countries that are very fertile,
and tropical countries that are very unproductive. But this difficulty
exists only for those who do not consider the question in all its aspects.
We must, as I have already said, take labour, strength, consumption,
etc., into account.
Take two
tracts of equal extent, one of which brings in five and the other ten.
If the inhabitants of the first consume four and those of the second
nine, the surplus of the first product will be a fifth and that of the
second a tenth. The ratio of these two surpluses will then be inverse
to that of the products, and the tract which produces only five will
give a surplus double that of the tract which produces ten.
But there
is no question of a double product, and I think no one would put the
fertility of cold countries, as a general rule, on an equality with
that of hot ones. Let us, however, suppose this equality to exist: let
us, if you will, regard England as on the same level as Sicily, and
Poland as Egypt — further south, we shall have Africa and the
Indies; further north, nothing at all. To get this equality of product,
what a difference there must be in tillage: in Sicily, there is only
need to scratch the ground; in England, how men must toil! But, where
more hands are needed to get the same product, the superfluity must
necessarily be less.
Consider,
besides, that the same number of men consume much less in hot countries.
The climate requires sobriety for the sake of health; and Europeans
who try to live there as they would at home all perish of dysentery
and indigestion. "We are," says Chardin, "carnivorous
animals, wolves, in comparison with the Asiatics. Some attribute the
sobriety of the Persians to the fact that their country is less cultivated;
but it is my belief that their country abounds less in commodities because
the inhabitants need less. If their frugality," he goes on, "were
the effect of the nakedness of the land, only the poor would eat little;
but everybody does so. Again, less or more would be eaten in various
provinces, according to the land's fertility; but the same sobriety
is found throughout the kingdom. They are very proud of their manner
of life, saying that you have only to look at their hue to recognise
how far it excels that of the Christians. In fact, the Persians are
of an even hue; their skins are fair, fine and smooth; while the hue
of their subjects, the Armenians, who live after the European fashion,
is rough and blotchy, and their bodies are gross and unwieldy."
The nearer
you get to the equator, the less people live on. Meat they hardly touch;
rice, maize, curcur, millet and cassava are their ordinary food. There
are in the Indies millions of men whose subsistence does not cost a
halfpenny a day. Even in Europe we find considerable differences of
appetite between Northern and Southern peoples. A Spaniard will live
for a week on a German's dinner. In the countries in which men are more
voracious, luxury therefore turns in the direction of consumption. In
England, luxury appears in a well-filled table; in Italy, you feast
on sugar and flowers.
Luxury
in clothes shows similar differences. In climates in which the changes
of season are prompt and violent, men have better and simpler clothes;
where they clothe themselves only for adornment, what is striking is
more thought of than what is useful; clothes themselves are then a luxury.
At Naples, you may see daily walking in the Pausilippeum men in gold-embroidered
upper garments and nothing else. It is the same with buildings; magnificence
is the sole consideration where there is nothing to fear from the air.
In Paris and London, you desire to be lodged warmly and comfortably;
in Madrid, you have superb salons, but not a window that closes, and
you go to bed in a mere hole.
In hot
countries foods are much more substantial and succulent; and the third
difference cannot but have an influence on the second. Why are so many
vegetables eaten in Italy? Because there they are good, nutritious and
excellent in taste. In France, where they are nourished only on water,
they are far from nutritious and are thought nothing of at table. They
take up all the same no less ground, and cost at least as much pains
to cultivate. It is a proved fact that the wheat of Barbary, in other
respects inferior to that of France, yields much more flour, and that
the wheat of France in turn yields more than that of northern countries;
from which it may be inferred that a like gradation in the same direction,
from equator to pole, is found generally. But is it not an obvious disadvantage
for an equal product to contain less nourishment?
To all
these points may be added another, which at once depends on and strengthens
them. Hot countries need inhabitants less than cold countries, and can
support more of them. There is thus a double surplus, which is all to
the advantage of despotism. The greater the territory occupied by a
fixed number of inhabitants, the more difficult revolt becomes, because
rapid or secret concerted action is impossible, and the government can
easily unmask projects and cut communications; but the more a numerous
people is gathered together, the less can the government usurp the Sovereign's
place: the people's leaders can deliberate as safely in their houses
as the prince in council, and the crowd gathers as rapidly in the squares
as the prince's troops in their quarters. The advantage of tyrannical
government therefore lies in acting at great distances. With the help
of the rallying-points it establishes, its strength, like that of the
lever,26 grows with distance. The strength of the people, on the other
hand, acts only when concentrated: when spread abroad, it evaporates
and is lost, like powder scattered on the ground, which catches fire
only grain by grain. The least populous countries are thus the fittest
for tyranny: fierce animals reign only in deserts.
9. THE
MARKS OF A GOOD GOVERNMENT
THE question "What absolutely is the best government?" is
unanswerable as well as indeterminate; or rather, there are as many
good answers as there are possible combinations in the absolute and
relative situations of all nations.
But if
it is asked by what sign we may know that a given people is well or
ill governed, that is another matter, and the question, being one of
fact, admits of an answer.
It is not,
however, answered, because everyone wants to answer it in his own way.
Subjects extol public tranquillity, citizens individual liberty; the
one class prefers security of possessions, the other that of person;
the one regards as the best government that which is most severe, the
other maintains that the mildest is the best; the one wants crimes punished,
the other wants them prevented; the one wants the State to be feared
by its neighbours, the other prefers that it should be ignored; the
one is content if money circulates, the other demands that the people
shall have bread. Even if an agreement were come to on these and similar
points, should we have got any further? As moral qualities do not admit
of exact measurement, agreement about the mark does not mean agreement
about the valuation.
For my
part, I am continually astonished that a mark so simple is not recognised,
or that men are of so bad faith as not to admit it. What is the end
of political association? The preservation and prosperity of its members.
And what is the surest mark of their preservation and prosperity? Their
numbers and population. Seek then nowhere else this mark that is in
dispute. The rest being equal, the government under which, without external
aids, without naturalisation or colonies, the citizens increase and
multiply most, is beyond question the best. The government under which
a people wanes and diminishes is the worst. Calculators, it is left
for you to count, to measure, to compare.27
10. THE
ABUSE OF GOVERNMENT AND ITS TENDENCY TO DEGENERATE
AS the particular will acts constantly in opposition to the general
will, the government continually exerts itself against the Sovereignty.
The greater this exertion becomes, the more the constitution changes;
and, as there is in this case no other corporate will to create an equilibrium
by resisting the will of the prince, sooner or later the prince must
inevitably suppress the Sovereign and break the social treaty. This
is the unavoidable and inherent defect which, from the very birth of
the body politic, tends ceaselessly to destroy it, as age and death
end by destroying the human body.
There are
two general courses by which government degenerates: i.e., when it undergoes
contraction, or when the State is dissolved.
Government
undergoes contraction when it passes from the many to the few, that
is, from democracy to aristocracy, and from aristocracy to royalty.
To do so is its natural propensity.28 If it took the backward course
from the few to the many, it could be said that it was relaxed; but
this inverse sequence is impossible.
Indeed,
governments never change their form except when their energy is exhausted
and leaves them too weak to keep what they have. If a government at
once extended its sphere and relaxed its stringency, its force would
become absolutely nil, and it would persist still less. It is therefore
necessary to wind up the spring and tighten the hold as it gives way:
or else the State it sustains will come to grief.
The dissolution
of the State may come about in either of two ways.
First,
when the prince ceases to administer the State in accordance with the
laws, and usurps the Sovereign power. A remarkable change then occurs:
not the government, but the State, undergoes contraction; I mean that
the great State is dissolved, and another is formed within it, composed
solely of the members of the government, which becomes for the rest
of the people merely master and tyrant. So that the moment the government
usurps the Sovereignty, the social compact is broken, and all private
citizens recover by right their natural liberty, and are forced, but
not bound, to obey.
The same
thing happens when the members of the government severally usurp the
power they should exercise only as a body; this is as great an infraction
of the laws, and results in even greater disorders. There are then,
so to speak, as many princes as there are magistrates, and the State,
no less divided than the government, either perishes or changes its
form.
When the
State is dissolved, the abuse of government, whatever it is, bears the
common name of anarchy. To distinguish, democracy degenerates into ochlocracy,
and aristocracy into oligarchy; and I would add that royalty degenerates
into tyranny; but this last word is ambiguous and needs explanation.
In vulgar
usage, a tyrant is a king who governs violently and without regard for
justice and law. In the exact sense, a tyrant is an individual who arrogates
to himself the royal authority without having a right to it. This is
how the Greeks understood the word "tyrant": they applied
it indifferently to good and bad princes whose authority was not legitimate.29
Tyrant and usurper are thus perfectly synonymous terms.
In order
that I may give different things different names, I call him who usurps
the royal authority a tyrant, and him who usurps the sovereign power
a despot. The tyrant is he who thrusts himself in contrary to the laws
to govern in accordance with the laws; the despot is he who sets himself
above the laws themselves. Thus the tyrant cannot be a despot, but the
despot is always a tyrant.
11. THE
DEATH OF THE BODY POLITIC
SUCH is the natural and inevitable tendency of the best constituted
governments. If Sparta and Rome perished, what State can hope to endure
for ever? If we would set up a long-lived form of government, let us
not even dream of making it eternal. If we are to succeed, we must not
attempt the impossible, or flatter ourselves that we are endowing the
work of man with a stability of which human conditions do not permit.
The body
politic, as well as the human body, begins to die as soon as it is born,
and carries in itself the causes of its destruction. But both may have
a constitution that is more or less robust and suited to preserve them
a longer or a shorter time. The constitution of man is the work of nature;
that of the State the work of art. It is not in men's power to prolong
their own lives; but it is for them to prolong as much as possible the
life of the State, by giving it the best possible constitution. The
best constituted State will have an end; but it will end later than
any other, unless some unforeseen accident brings about its untimely
destruction.
The life-principle
of the body politic lies in the sovereign authority. The legislative
power is the heart of the State; the executive power is its brain, which
causes the movement of all the parts. The brain may become paralysed
and the individual still live. A man may remain an imbecile and live;
but as soon as the heart ceases to perform its functions, the animal
is dead.
The State
subsists by means not of the laws, but of the legislative power. Yesterday's
law is not binding to-day; but silence is taken for tacit consent, and
the Sovereign is held to confirm incessantly the laws it does not abrogate
as it might. All that it has once declared itself to will it wills always,
unless it revokes its declaration.
Why then
is so much respect paid to old laws? For this very reason. We must believe
that nothing but the excellence of old acts of will can have preserved
them so long: if the Sovereign had not recognised them as throughout
salutary, it would have revoked them a thousand times. This is why,
so far from growing weak, the laws continually gain new strength in
any well constituted State; the precedent of antiquity makes them daily
more venerable: while wherever the laws grow weak as they become old,
this proves that there is no longer a legislative power, and that the
State is dead.
12. HOW
THE SOVEREIGN AUTHORITY MAINTAINS ITSELF
THE Sovereign, having no force other than the legislative power, acts
only by means of the laws; and the laws being solely the authentic acts
of the general will, the Sovereign cannot act save when the people is
assembled. The people in assembly, I shall be told, is a mere chimera.
It is so to-day, but two thousand years ago it was not so. Has man's
nature changed?
The bounds
of possibility, in moral matters, are less narrow than we imagine: it
is our weaknesses, our vices and our prejudices that confine them. Base
souls have no belief in great men; vile slaves smile in mockery at the
name of liberty.
Let us
judge of what can be done by what has been done. I shall say nothing
of the Republics of ancient Greece; but the Roman Republic was, to my
mind, a great State, and the town of Rome a great town. The last census
showed that there were in Rome four hundred thousand citizens capable
of bearing arms, and the last computation of the population of the Empire
showed over four million citizens, excluding subjects, foreigners, women,
children and slaves.
What difficulties
might not be supposed to stand in the way of the frequent assemblage
of the vast population of this capital and its neighbourhood. Yet few
weeks passed without the Roman people being in assembly, and even being
so several times. It exercised not only the rights of Sovereignty, but
also a part of those of government. It dealt with certain matters, and
judged certain cases, and this whole people was found in the public
meeting-place hardly less often as magistrates than as citizens.
If we went
back to the earliest history of nations, we should find that most ancient
governments, even those of monarchical form, such as the Macedonian
and the Frankish, had similar councils. In any case, the one incontestable
fact I have given is an answer to all difficulties; it is good logic
to reason from the actual to the possible.
13. THE
SAME (continued)
IT is not enough for the assembled people to have once fixed the constitution
of the State by giving its sanction to a body of law; it is not enough
for it to have set up a perpetual government, or provided once for all
for the election of magistrates. Besides the extraordinary assemblies
unforeseen circumstances may demand, there must be fixed periodical
assemblies which cannot be abrogated or prorogued, so that on the proper
day the people is legitimately called together by law, without need
of any formal summoning.
But, apart
from these assemblies authorised by their date alone, every assembly
of the people not summoned by the magistrates appointed for that purpose,
and in accordance with the prescribed forms, should be regarded as unlawful,
and all its acts as null and void, because the command to assemble should
itself proceed from the law.
The greater
or less frequency with which lawful assemblies should occur depends
on so many considerations that no exact rules about them can be given.
It can only be said generally that the stronger the government the more
often should the Sovereign show itself.
This, I
shall be told, may do for a single town; but what is to be done when
the State includes several? Is the sovereign authority to be divided?
Or is it to be concentrated in a single town to which all the rest are
made subject?
Neither
the one nor the other, I reply. First, the sovereign authority is one
and simple, and cannot be divided without being destroyed. In the second
place, one town cannot, any more than one nation, legitimately be made
subject to another, because the essence of the body politic lies in
the reconciliation of obedience and liberty, and the words subject and
Sovereign are identical correlatives the idea of which meets in the
single word "citizen."
I answer
further that the union of several towns in a single city is always bad,
and that, if we wish to make such a union, we should not expect to avoid
its natural disadvantages. It is useless to bring up abuses that belong
to great States against one who desires to see only small ones; but
how can small States be given the strength to resist great ones, as
formerly the Greek towns resisted the Great King, and more recently
Holland and Switzerland have resisted the House of Austria?
Nevertheless,
if the State cannot be reduced to the right limits, there remains still
one resource; this is, to allow no capital, to make the seat of government
move from town to town, and to assemble by turn in each the Provincial
Estates of the country.
People
the territory evenly, extend everywhere the same rights, bear to every
place in it abundance and life: by these means will the State become
at once as strong and as well governed as possible. Remember that the
walls of towns are built of the ruins of the houses of the countryside.
For every palace I see raised in the capital, my mind's eye sees a whole
country made desolate.
14. THE
SAME (continued)
THE moment the people is legitimately assembled as a sovereign body,
the jurisdiction of the government wholly lapses, the executive power
is suspended, and the person of the meanest citizen is as sacred and
inviolable as that of the first magistrate; for in the presence of the
person represented, representatives no longer exist. Most of the tumults
that arose in the comitia at Rome were due to ignorance or neglect of
this rule. The consuls were in them merely the presidents of the people;
the tribunes were mere speakers;30 the senate was nothing at all.
These intervals
of suspension, during which the prince recognises or ought to recognise
an actual superior, have always been viewed by him with alarm; and these
assemblies of the people, which are the aegis of the body politic and
the curb on the government, have at all times been the horror of rulers:
who therefore never spare pains, objections, difficulties, and promises,
to stop the citizens from having them. When the citizens are greedy,
cowardly, and pusillanimous, and love ease more than liberty, they do
not long hold out against the redoubled efforts of the government; and
thus, as the resisting force incessantly grows, the sovereign authority
ends by disappearing, and most cities fall and perish before their time.
But between
the sovereign authority and arbitrary government there sometimes intervenes
a mean power of which something must be said.
15. DEPUTIES
OR REPRESENTATIVES
AS soon as public service ceases to be the chief business of the citizens,
and they would rather serve with their money than with their persons,
the State is not far from its fall. When it is necessary to march out
to war, they pay troops and stay at home: when it is necessary to meet
in council, they name deputies and stay at home. By reason of idleness
and money, they end by having soldiers to enslave their country and
representatives to sell it.
It is through
the hustle of commerce and the arts, through the greedy self-interest
of profit, and through softness and love of amenities that personal
services are replaced by money payments. Men surrender a part of their
profits in order to have time to increase them at leisure. Make gifts
of money, and you will not be long without chains. The word finance
is a slavish word, unknown in the city-state. In a country that is truly
free, the citizens do everything with their own arms and nothing by
means of money; so far from paying to be exempted from their duties,
they would even pay for the privilege of fulfilling them themselves.
I am far from taking the common view: I hold enforced labour to be less
opposed to liberty than taxes.
The better
the constitution of a State is, the more do public affairs encroach
on private in the minds of the citizens. Private affairs are even of
much less importance, because the aggregate of the common happiness
furnishes a greater proportion of that of each individual, so that there
is less for him to seek in particular cares. In a well-ordered city
every man flies to the assemblies: under a bad government no one cares
to stir a step to get to them, because no one is interested in what
happens there, because it is foreseen that the general will will not
prevail, and lastly because domestic cares are all-absorbing. Good laws
lead to the making of better ones; bad ones bring about worse. As soon
as any man says of the affairs of the State What does it matter to me?
the State may be given up for lost.
The lukewarmness
of patriotism, the activity of private interest, the vastness of States,
conquest and the abuse of government suggested the method of having
deputies or representatives of the people in the national assemblies.
These are what, in some countries, men have presumed to call the Third
Estate. Thus the individual interest of two orders is put first and
second; the public interest occupies only the third place.
Sovereignty,
for the same reason as makes it inalienable, cannot be represented;
it lies essentially in the general will, and will does not admit of
representation: it is either the same, or other; there is no intermediate
possibility. The deputies of the people, therefore, are not and cannot
be its representatives: they are merely its stewards, and can carry
through no definitive acts. Every law the people has not ratified in
person is null and void — is, in fact, not a law. The people of
England regards itself as free; but it is grossly mistaken; it is free
only during the election of members of parliament. As soon as they are
elected, slavery overtakes it, and it is nothing. The use it makes of
the short moments of liberty it enjoys shows indeed that it deserves
to lose them.
The idea
of representation is modern; it comes to us from feudal government,
from that iniquitous and absurd system which degrades humanity and dishonours
the name of man. In ancient republics and even in monarchies, the people
never had representatives; the word itself was unknown. It is very singular
that in Rome, where the tribunes were so sacrosanct, it was never even
imagined that they could usurp the functions of the people, and that
in the midst of so great a multitude they never attempted to pass on
their own authority a single plebiscitum. We can, however, form an idea
of the difficulties caused sometimes by the people being so numerous,
from what happened in the time of the Gracchi, when some of the citizens
had to cast their votes from the roofs of buildings.
Where right
and liberty are everything, disadvantages count for nothing. Among this
wise people everything was given its just value, its lictors were allowed
to do what its tribunes would never have dared to attempt; for it had
no fear that its lictors would try to represent it.
To explain,
however, in what way the tribunes did sometimes represent it, it is
enough to conceive how the government represents the Sovereign. Law
being purely the declaration of the general will, it is clear that,
in the exercise of the legislative power, the people cannot be represented;
but in that of the executive power, which is only the force that is
applied to give the law effect, it both can and should be represented.
We thus see that if we looked closely into the matter we should find
that very few nations have any laws. However that may be, it is certain
that the tribunes, possessing no executive power, could never represent
the Roman people by right of the powers entrusted to them, but only
by usurping those of the senate.
In Greece,
all that the people had to do, it did for itself; it was constantly
assembled in the public square. The Greeks lived in a mild climate;
they had no natural greed; slaves did their work for them; their great
concern was with liberty. Lacking the same advantages, how can you preserve
the same rights? Your severer climates add to your needs;31 for half
the year your public squares are uninhabitable; the flatness of your
languages unfits them for being heard in the open air; you sacrifice
more for profit than for liberty, and fear slavery less than poverty.
What then?
Is liberty maintained only by the help of slavery? It may be so. Extremes
meet. Everything that is not in the course of nature has its disadvantages,
civil society most of all. There are some unhappy circumstances in which
we can only keep our liberty at others' expense, and where the citizen
can be perfectly free only when the slave is most a slave. Such was
the case with Sparta. As for you, modern peoples, you have no slaves,
but you are slaves yourselves; you pay for their liberty with your own.
It is in vain that you boast of this preference; I find in it more cowardice
than humanity.
I do not
mean by all this that it is necessary to have slaves, or that the right
of slavery is legitimate: I am merely giving the reasons why modern
peoples, believing themselves to be free, have representatives, while
ancient peoples had none. In any case, the moment a people allows itself
to be represented, it is no long free: it no longer exists.
All things
considered, I do not see that it is possible henceforth for the Sovereign
to preserve among us the exercise of its rights, unless the city is
very small. But if it is very small, it will be conquered? No. I will
show later on how the external strength of a great people32 may be combined
with the convenient polity and good order of a small State.
16. THAT
THE INSTITUTION OF GOVERNMENT IS NOT A CONTRACT
THE legislative power once well established, the next thing is to establish
similarly the executive power; for this latter, which operates only
by particular acts, not being of the essence of the former, is naturally
separate from it. Were it possible for the Sovereign, as such, to possess
the executive power, right and fact would be so confounded that no one
could tell what was law and what was not; and the body politic, thus
disfigured, would soon fall a prey to the violence it was instituted
to prevent.
As the
citizens, by the social contract, are all equal, all can prescribe what
all should do, but no one has a right to demand that another shall do
what he does not do himself. It is strictly this right, which is indispensable
for giving the body politic life and movement, that the Sovereign, in
instituting the government, confers upon the prince.
It has
been held that this act of establishment was a contract between the
people and the rulers it sets over itself, — a contract in which
conditions were laid down between the two parties binding the one to
command and the other to obey. It will be admitted, I am sure, that
this is an odd kind of contract to enter into. But let us see if this
view can be upheld.
First,
the supreme authority can no more be modified than it can be alienated;
to limit it is to destroy it. It is absurd and contradictory for the
Sovereign to set a superior over itself; to bind itself to obey a master
would be to return to absolute liberty.
Moreover,
it is clear that this contract between the people and such and such
persons would be a particular act; and from this is follows that it
can be neither a law nor an act of Sovereignty, and that consequently
it would be illegitimate.
It is plain
too that the contracting parties in relation to each other would be
under the law of nature alone and wholly without guarantees of their
mutual undertakings, a position wholly at variance with the civil state.
He who has force at his command being always in a position to control
execution, it would come to the same thing if the name "contract"
were given to the act of one man who said to another: "I give you
all my goods, on condition that you give me back as much of them as
you please."
There is
only one contract in the State, and that is the act of association,
which in itself excludes the existence of a second. It is impossible
to conceive of any public contract that would not be a violation of
the first.
17. THE
INSTITUTION OF GOVERNMENT
UNDER what general idea then should the act by which government is instituted
be conceived as falling? I will begin by stating that the act is complex,
as being composed of two others — the establishment of the law
and its execution.
By the
former, the Sovereign decrees that there shall be a governing body established
in this or that form; this act is clearly a law.
By the
latter, the people nominates the rulers who are to be entrusted with
the government that has been established. This nomination, being a particular
act, is clearly not a second law, but merely a consequence of the first
and a function of government.
The difficulty
is to understand how there can be a governmental act before government
exists, and how the people, which is only Sovereign or subject, can,
under certain circumstances, become a prince or magistrate.
It is at
this point that there is revealed one of the astonishing properties
of the body politic, by means of which it reconciles apparently contradictory
operations; for this is accomplished by a sudden conversion of Sovereignty
into democracy, so that, without sensible change, and merely by virtue
of a new relation of all to all, the citizens become magistrates and
pass from general to particular acts, from legislation to the execution
of the law.
This changed
relation is no speculative subtlety without instances in practice: it
happens every day in the English Parliament, where, on certain occasions,
the Lower House resolves itself into Grand Committee, for the better
discussion of affairs, and thus, from being at one moment a sovereign
court, becomes at the next a mere commission; so that subsequently it
reports to itself, as House of Commons, the result of its proceedings
in Grand Committee, and debates over again under one name what it has
already settled under another.
It is,
indeed, the peculiar advantage of democratic government that it can
be established in actuality by a simple act of the general will. Subsequently,
this provisional government remains in power, if this form is adopted,
or else establishes in the name of the Sovereign the government that
is prescribed by law; and thus the whole proceeding is regular. It is
impossible to set up government in any other manner legitimately and
in accordance with the principles so far laid down.
18. HOW
TO CHECK THE USURPATIONS OF GOVERNMENT
WHAT we have just said confirms Chapter 16, and makes it clear that
the institution of government is not a contract, but a law; that the
depositaries of the executive power are not the people's masters, but
its officers; that it can set them up and pull them down when it likes;
that for them there is no question of contract, but of obedience and
that in taking charge of the functions the State imposes on them they
are doing no more than fulfilling their duty as citizens, without having
the remotest right to argue about the conditions.
When therefore
the people sets up an hereditary government, whether it be monarchical
and confined to one family, or aristocratic and confined to a class,
what it enters into is not an undertaking; the administration is given
a provisional form, until the people chooses to order it otherwise.
It is true
that such changes are always dangerous, and that the established government
should never be touched except when it comes to be incompatible with
the public good; but the circumspection this involves is a maxim of
policy and not a rule of right, and the State is no more bound to leave
civil authority in the hands of its rulers than military authority in
the hands of its generals.
It is also
true that it is impossible to be too careful to observe, in such cases,
all the formalities necessary to distinguish a regular and legitimate
act from a seditious tumult, and the will of a whole people from the
clamour of a faction. Here above all no further concession should be
made to the untoward possibility than cannot, in the strictest logic,
be refused it. From this obligation the prince derives a great advantage
in preserving his power despite the people, without it being possible
to say he has usurped it; for, seeming to avail himself only of his
rights, he finds it very easy to extend them, and to prevent, under
the pretext of keeping the peace, assemblies that are destined to the
re-establishment of order; with the result that he takes advantage of
a silence he does not allow to be broken, or of irregularities he causes
to be committed, to assume that he has the support of those whom fear
prevents from speaking, and to punish those who dare to speak. Thus
it was that the decemvirs, first elected for one year and then kept
on in office for a second, tried to perpetuate their power by forbidding
the comitia to assemble; and by this easy method every government in
the world, once clothed with the public power, sooner or later usurps
the sovereign authority.
The periodical
assemblies of which I have already spoken are designed to prevent or
postpone this calamity, above all when they need no formal summoning;
for in that case, the prince cannot stop them without openly declaring
himself a law-breaker and an enemy of the State.
The opening
of these assemblies, whose sole object is the maintenance of the social
treaty, should always take the form of putting two propositions that
may not be suppressed, which should be voted on separately.
The first
is: "Does it please the Sovereign to preserve the present form
of government?"
The second
is: "Does it please the people to leave its administration in the
hands of those who are actually in charge of it?"
I am here
assuming what I think I have shown; that there is in the State no fundamental
law that cannot be revoked, not excluding the social compact itself;
for if all the citizens assembled of one accord to break the compact,
it is impossible to doubt that it would be very legitimately broken.
Grotius even thinks that each man can renounce his membership of his
own State, and recover his natural liberty and his goods on leaving
the country.33 It would be indeed absurd if all the citizens in assembly
could not do what each can do by himself.
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18. Thus at Venice the College, even in the absence
of the Doge, is called "Most Serene Prince."
19. The Palatine of Posen, father of the King of Poland,
Duke of Lorraine.
20. I prefer liberty with danger to peace with slavery.
21. It is clear that the word optimales meant, among
the ancients, not the best, but the most powerful.
22. It is of great importance that the form of the election
of magistrates should be regulated by law; for if it is left at the
discretion of the prince, it is impossible to avoid falling into hereditary
aristocracy, as the Republics of Venice and Berne actually did. The
first of these has therefore long been a State dissolved; the second,
however, is maintained by the extreme wisdom of the senate, and forms
an honourable and highly dangerous exception.
23. Machiavelli was a proper man and a good citizen;
but, being attached to the court of the Medici, he could not help veiling
his love of liberty in the midst of his country's oppression. The choice
of his detestable hero, Caesar Borgia, clearly enough shows his hidden
aim; and the contradiction between the teaching of the Prince and that
of the Discourses on Livy and the History of Florence shows that this
profound political thinker has so far been studied only by superficial
or corrupt readers. The Court of Rome sternly prohibited his book. I
can well believe it; for it is that Court it most clearly portrays.
24. Tacitus, Histories, i. 16. "For the best, and
also the shortest way of finding out what is good and what is bad is
to consider what you would have wished to happen or not to happen, had
another than you been Emperor."
25. In the Statesman.
26. This does not contradict what I said before (Book
II, ch. 9) about the disadvantages of great States; for we were then
dealing with the authority of the government over the members, while
here we are dealing with its force against the subjects. Its scattered
members serve it as rallying-points for action against the people at
a distance, but it has no rallying-point for direct action on its members
themselves. Thus the length of the lever is its weakness in the one
case, and its strength in the other.
27. On the same principle it should be judged what centuries
deserve the preference for human prosperity. Those in which letters
and arts have flourished have been too much admired, because the hidden
object of their culture has not been fathomed, and their fatal effects
not taken into account. "ldque apud imperitos humanitas vocabatur,
cum pars servitutis esset." (Fools called "humanity"
what was a part of slavery, Tacitus, Agricola, 31.) Shall we never see
in the maxims books lay down the vulgar interest that makes their writers
speak? No, whatever they may say, when, despite its renown, a country
is depopulated, it is not true that all is well, and it is not enough
that a poet should have an income of 100,000 francs to make his age
the best of all. Less attention should be paid to the apparent repose
and tranquillity of the rulers than to the well-being of their nations
as wholes, and above all of the most numerous States. A hail-storm lays
several cantons waste, but it rarely makes a famine. Outbreaks and civil
wars give rulers rude shocks, but they are not the real ills of peoples,
who may even get a respite, while there is a dispute as to who shall
tyrannise over them. Their true prosperity and calamities come from
their permanent condition: it is when the whole remains crushed beneath
the yoke, that decay sets in, and that the rulers destroy them at will,
and "ubi solitudinem faciunt, pacem appellant." (Where they
create solitude, they call it peace, Tacitus, Agricola, 31.) When the
bickerings of the great disturbed the kingdom of France, and the Coadjutor
of Paris took a dagger in his pocket to the Parliament, these things
did not prevent the people of France from prospering and multiplying
in dignity, ease and freedom. Long ago Greece flourished in the midst
of the most savage wars; blood ran in torrents, and yet the whole country
was covered with inhabitants. It appeared, says Machiavelli, that in
the midst of murder, proscription and civil war, our republic only throve:
the virtue, morality and independence of the citizens did more to strengthen
it than all their dissensions had done to enfeeble it. A little disturbance
gives the soul elasticity; what makes the race truly prosperous is not
so much peace as liberty.
28. The slow formation and the progress of the Republic
of Venice in its lagoons are a notable instance of this sequence; and
it is most astonishing that, after more than twelve hundred years' existence,
the Venetians seem to be still at the second stage, which they reached
with the Serrar di Consiglio in 1198. As for the ancient Dukes who are
brought up against them, it is proved, whatever the Squittinio della
libertà veneta may say of them, that they were in no sense sovereigns.
A case certain to be cited against my view is that of
the Roman Republic, which, it will be said, followed exactly the opposite
course, and passed from monarchy to aristocracy and from aristocracy
to democracy. I by no means take this view of it.
What Romulus first set up was a mixed government, which
soon deteriorated into despotism. From special causes, the State died
an untimely death, as new-born children sometimes perish without reaching
manhood. The expulsion of the Tarquins was the real period of the birth
of the Republic. But at first it took on no constant form, because,
by not abolishing the patriciate, it left half its work undone. For,
by this means, hereditary aristocracy, the worst of all legitimate forms
of administration, remained in conflict with democracy, and the form
of the government, as Machiavelli has proved, was only fixed on the
establishment of the tribunate: only then was there a true government
and a veritable democracy. In fact, the people was then not only Sovereign,
but also magistrate and judge; the senate was only a subordinate tribunal,
to temper and concentrate the government, and the consuls themselves,
though they were patricians, first magistrates, and absolute generals
in war, were in Rome itself no more than presidents of the people.
From that point, the government followed its natural
tendency, and inclined strongly to aristocracy. The patriciate, we may
say, abolished itself, and the aristocracy was found no longer in the
body of patricians as at Venice and Genoa, but in the body of the senate,
which was composed of patricians and plebeians, and even in the body
of tribunes when they began to usurp an active function: for names do
not affect facts, and, when the people has rulers who govern for it,
whatever name they bear, the government is an aristocracy.
The abuse of aristocracy led to the civil wars and the
triumvirate. Sulla, Julius Caesar and Augustus became in fact real monarchs;
and finally, under the despotism of Tiberius, the State was dissolved.
Roman history then confirms, instead of invalidating, the principle
I have laid down.
29. "Omnes enim et habentur et dicuntur tyranni,
qui potestate utuntur perpetua in ea civitate quæ libertate usa
est" (Cornelius Nepos, Life of Miltiades). (For all those are called
and considered tyrants, who hold perpetual power in a State that has
known liberty.) It is true that Aristotle (Ethics, Book viii, chapter
x) distinguishes the tyrant from the king by the fact that the former
governs in his own interest, and the latter only for the good of his
subjects; but not only did all Greek authors in general use the word
tyrant in a different sense, as appears most clearly in Xenophon's Hiero,
but also it would follow from Aristotle's distinction that, from the
very beginning of the world, there has not yet been a single king.
30. In nearly the same sense as this word has in the
English Parliament. The similarity of these functions would have brought
the consuls and the tribunes into conflict, even had all jurisdiction
been suspended.
31. To adopt in cold countries the luxury and effeminacy
of the East is to desire to submit to its chains; it is indeed to bow
to them far more inevitably in our case than in theirs.
32. I had intended to do this in the sequel to this
work, when in dealing with external relations I came to the subject
of confederations. The subject is quite new, and its principles have
still to be laid down.
33. Provided, of course, he does not leave to escape
his obligations and avoid having to serve his country in the hour of
need. Flight in such a case would be criminal and punishable, and would
be, not withdrawal, but desertion.
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