Buch lesen: «A Philosophical Dictionary, Volume 04»
COUNTRY
SECTION I
According to our custom, we confine ourselves on this subject to the statement of a few queries which we cannot resolve. Has a Jew a country? If he is born at Coimbra, it is in the midst of a crowd of ignorant and absurd persons, who will dispute with him, and to whom he makes foolish answers, if he dare reply at all. He is surrounded by inquisitors, who would burn him if they knew that he declined to eat bacon, and all his wealth would belong to them. Is Coimbra his country? Can he exclaim, like the Horatii in Corneille:
Mourir pour la patrie est un si digne sort
Qu'on briguerait en foule, une si belle mort.
So high his meed who for his country dies,
Men should contend to gain the glorious prize.
He might as well exclaim, "fiddlestick!" Again! is Jerusalem his country? He has probably heard of his ancestors of old; that they had formerly inhabited a sterile and stony country, which is bordered by a horrible desert, of which little country the Turks are at present masters, but derive little or nothing from it. Jerusalem is, therefore, not his country. In short, he has no country: there is not a square foot of land on the globe which belongs to him.
The Gueber, more ancient, and a hundred times more respectable than the Jew, a slave of the Turks, the Persians, or the Great Mogul, can he regard as his country the fire-altars which he raises in secret among the mountains? The Banian, the Armenian, who pass their lives in wandering through all the east, in the capacity of money-brokers, can they exclaim, "My dear country, my dear country" – who have no other country than their purses and their account-books?
Among the nations of Europe, all those cut-throats who let out their services to hire, and sell their blood to the first king who will purchase it – have they a country? Not so much so as a bird of prey, who returns every evening to the hollow of the rock where its mother built its nest! The monks – will they venture to say that they have a country? It is in heaven, they say. All in good time; but in this world I know nothing about one.
This expression, "my country," how sounds it from the mouth of a Greek, who, altogether ignorant of the previous existence of a Miltiades, an Agesilaus, only knows that he is the slave of a janissary, who is the slave of an aga, who is the slave of a pasha, who is the slave of a vizier, who is the slave of an individual whom we call, in Paris, the Grand Turk?
What, then, is country? – Is it not, probably, a good piece of ground, in the midst of which the owner, residing in a well-built and commodious house, may say: "This field which I cultivate, this house which I have built, is my own; I live under the protection of laws which no tyrant can infringe. When those who, like me, possess fields and houses assemble for their common interests, I have a voice in such assembly. I am a part of the whole, one of the community, a portion of the sovereignty: behold my country!" What cannot be included in this description too often amounts to little beyond studs of horses under the command of a groom, who employs the whip at his pleasure. People may have a country under a good king, but never under a bad one.
SECTION II
A young pastry-cook who had been to college, and who had mustered some phrases from Cicero, gave himself airs one day about loving his country. "What dost thou mean by country?" said a neighbor to him. "Is it thy oven? Is it the village where thou wast born, which thou hast never seen, and to which thou wilt never return? Is it the street in which thy father and mother reside? Is it the town hall, where thou wilt never become so much as a clerk or an alderman? Is it the church of Notre Dame, in which thou hast not been able to obtain a place among the boys of the choir, although a very silly person, who is archbishop and duke, obtains from it an annual income of twenty-four thousand louis d'or?"
The young pastry-cook knew not how to reply; and a person of reflection, who overheard the conversation, was led to infer that a country of moderate extent may contain many millions of men who have no country at all. And thou, voluptuous Parisian, who hast never made a longer voyage than to Dieppe, to feed upon fresh sea-fish – who art acquainted only with thy splendid town-house, thy pretty villa in the country, thy box at that opera which all the world makes it a point to feel tiresome but thyself – who speakest thy own language agreeably enough, because thou art ignorant of every other; thou lovest all this, no doubt, as well as thy brilliant champagne from Rheims, and thy rents, payable every six months; and loving these, thou dwellest upon thy love for thy country.
Speaking conscientiously, can a financier cordially love his country? Where was the country of the duke of Guise, surnamed Balafré – at Nancy, at Paris, at Madrid, or at Rome? What country had your cardinals Balue, Duprat, Lorraine, and Mazarin? Where was the country of Attila situated, or that of a hundred other heroes of the same kind, who, although eternally travelling, make themselves always at home? I should be much obliged to any one who would acquaint me with the country of Abraham.
The first who observed that every land is our country in which we "do well," was, I believe, Euripides, in his "Phædo":
"Ως παντακῶς γε πατρὶς βοσκοῦσα γῆ."
The first man, however, who left the place of his birth to seek a greater share of welfare in another, said it before him.
SECTION III
A country is a composition of many families; and as a family is commonly supported on the principle of self-love, when, by an opposing interest, the same self-love extends to our town, our province, or our nation, it is called love of country. The greater a country becomes, the less we love it; for love is weakened by diffusion. It is impossible to love a family so numerous that all the members can scarcely be known.
He who is burning with ambition to be edile, tribune, prætor, consul, or dictator, exclaims that he loves his country, while he loves only himself. Every man wishes to possess the power of sleeping quietly at home, and of preventing any other man from possessing the power of sending him to sleep elsewhere. Every one would be certain of his property and his life. Thus, all forming the same wishes, the particular becomes the general interest. The welfare of the republic is spoken of, while all that is signified is love of self.
It is impossible that a state was ever formed on earth, which was not governed in the first instance as a republic: it is the natural march of human nature. On the discovery of America, all the people were found divided into republics; there were but two kingdoms in all that part of the world. Of a thousand nations, but two were found subjugated.
It was the same in the ancient world; all was republican in Europe before the little kinglings of Etruria and of Rome. There are yet republics in Africa: the Hottentots, towards the south, still live as people are said to have lived in the first ages of the world – free, equal, without masters, without subjects, without money, and almost without wants. The flesh of their sheep feeds them; they are clothed with their skins; huts of wood and clay form their habitations. They are the most dirty of all men, but they feel it not, but live and die more easily than we do. There remain eight republics in Europe without monarchs – Venice, Holland, Switzerland, Genoa, Lucca, Ragusa, Geneva, and San Marino. Poland, Sweden, and England may be regarded as republics under a king, but Poland is the only one of them which takes the name.
But which of the two is to be preferred for a country – a monarchy or a republic? The question has been agitated for four thousand years. Ask the rich, and they will tell you an aristocracy; ask the people, and they will reply a democracy; kings alone prefer royalty. Why, then, is almost all the earth governed by monarchs? Put that question to the rats who proposed to hang a bell around the cat's neck. In truth, the genuine reason is, because men are rarely worthy of governing themselves.
It is lamentable, that to be a good patriot we must become the enemy of the rest of mankind. That good citizen, the ancient Cato, always gave it as his opinion, that Carthage must be destroyed: "Delenda est Carthago." To be a good patriot is to wish our own country enriched by commerce, and powerful by arms; but such is the condition of mankind, that to wish the greatness of our own country is often to wish evil to our neighbors. He who could bring himself to wish that his country should always remain as it is, would be a citizen of the universe.
CRIMES OR OFFENCES
Of Time and Place.
A Roman in Egypt very unfortunately killed a consecrated cat, and the infuriated people punished this sacrilege by tearing him to pieces. If this Roman had been carried before the tribunal, and the judges had possessed common sense, he would have been condemned to ask pardon of the Egyptians and the cats, and to pay a heavy fine, either in money or mice. They would have told him that he ought to respect the follies of the people, since he was not strong enough to correct them.
The venerable chief justice should have spoken to him in this manner: "Every country has its legal impertinences, and its offences of time and place. If in your Rome, which has become the sovereign of Europe, Africa, and Asia Minor, you were to kill a sacred fowl, at the precise time that you give it grain in order to ascertain the just will of the gods, you would be severely punished. We believe that you have only killed our cat accidentally. The court admonishes you. Go in peace, and be more circumspect in future."
It seems a very indifferent thing to have a statue in our hall; but if, when Octavius, surnamed Augustus, was absolute master, a Roman had placed in his house the statue of Brutus, he would have been punished as seditious. If a citizen, under a reigning emperor, had the statue of the competitor to the empire, it is said that it was accounted a crime of high treason.
An Englishman, having nothing to do, went to Rome, where he met Prince Charles Edward at the house of a cardinal. Pleased at the incident, on his return he drank in a tavern to the health of Prince Charles Edward, and was immediately accused of high treason. But whom did he highly betray in wishing the prince well? If he had conspired to place him on the throne, then he would have been guilty towards the nation; but I do not see that the most rigid justice of parliament could require more from him than to drink four cups to the health of the house of Hanover, supposing he had drunk two to the house of Stuart.
Of Crimes of Time and Place, which Ought to Be Concealed.
It is well known how much our Lady of Loretto ought to be respected in the March of Ancona. Three young people happened to be joking on the house of our lady, which has travelled through the air to Dalmatia; which has two or three times changed its situation, and has only found itself comfortable at Loretto. Our three scatterbrains sang a song at supper, formerly made by a Huguenot, in ridicule of the translation of the santa casa of Jerusalem to the end of the Adriatic Gulf. A fanatic, having heard by chance what passed at their supper, made strict inquiries, sought witnesses, and engaged a magistrate to issue a summons. This proceeding alarmed all consciences. Every one trembled in speaking of it. Chambermaids, vergers, inn-keepers, lackeys, servants, all heard what was never said, and saw what was never done: there was an uproar, a horrible scandal throughout the whole March of Ancona. It was said, half a league from Loretto, that these youths had killed our lady; and a league farther, that they had thrown the santa casa into the sea. In short, they were condemned. The sentence was, that their hands should be cut off, and their tongues be torn out; after which they were to be put to the torture, to learn – at least by signs – how many couplets there were in the song. Finally, they were to be burnt to death by a slow fire.
An advocate of Milan, who happened to be at Loretto at this time, asked the principal judge to what he would have condemned these boys if they had violated their mother, and afterwards killed and eaten her? "Oh!" replied the judge, "there is a great deal of difference; to assassinate and devour their father and mother is only a crime against men." "Have you an express law," said the Milanese, "which obliges you to put young people scarcely out of their nurseries to such a horrible death, for having indiscreetly made game of the santa casa, which is contemptuously laughed at all over the world, except in the March of Ancona?" "No," said the judge, "the wisdom of our jurisprudence leaves all to our discretion." "Very well, you ought to have discretion enough to remember that one of these children is the grandson of a general who has shed his blood for his country, and the nephew of an amiable and respectable abbess; the youth and his companions are giddy boys, who deserve paternal correction. You tear citizens from the state, who might one day serve it; you imbrue yourself in innocent blood, and are more cruel than cannibals. You will render yourselves execrable to posterity. What motive has been powerful enough, thus to extinguish reason, justice, and humanity in your minds, and to change you into ferocious beasts?" The unhappy judge at last replied: "We have been quarrelling with the clergy of Ancona; they accuse us of being too zealous for the liberties of the Lombard Church, and consequently of having no religion." "I understand, then," said the Milanese, "that you have made yourselves assassins to appear Christians." At these words the judge fell to the ground, as if struck by a thunderbolt; and his brother judges having been since deprived of office, they cry out that injustice is done them. They forget what they have done, and perceive not that the hand of God is upon them.
For seven persons legally to amuse themselves by making an eighth perish on a public scaffold by blows from iron bars; take a secret and malignant pleasure in witnessing his torments; speak of it afterwards at table with their wives and neighbors; for the executioners to perform this office gaily, and joyously anticipate their reward; for the public to run to this spectacle as to a fair – all this requires that a crime merit this horrid punishment in the opinion of all well-governed nations, and, as we here treat of universal humanity, that it is necessary to the well-being of society. Above all, the actual perpetration should be demonstrated beyond contradiction. If against a hundred thousand probabilities that the accused be guilty there is a single one that he is innocent, that alone should balance all the rest.
Query: Are Two Witnesses Enough to Condemn a Man to be Hanged?
It has been for a long time imagined, and the proverb assures us, that two witnesses are enough to hang a man, with a safe conscience. Another ambiguity! The world, then, is to be governed by equivoques. It is said in St. Matthew that two or three witnesses will suffice to reconcile two divided friends; and after this text has criminal jurisprudence been regulated, so far as to decree that by divine law a citizen may be condemned to die on the uniform deposition of two witnesses who may be villains? It has been already said that a crowd of according witnesses cannot prove an improbable thing when denied by the accused. What, then, must be done in such a case? Put off the judgment for a hundred years, like the Athenians!
We shall here relate a striking example of what passed under our eyes at Lyons. A woman suddenly missed her daughter; she ran everywhere in search of her in vain, and at length suspected a neighbor of having secreted the girl, and of having caused her violation. Some weeks after some fishermen found a female drowned, and in a state of putrefaction, in the Rhône at Condmeux. The woman of whom we have spoken immediately believed that it was her daughter. She was persuaded by the enemies of her neighbor that the latter had caused the deceased to be dishonored, strangled, and thrown into the Rhône. She made this accusation publicly, and the populace repeated it; persons were found who knew the minutest circumstances of the crime. The rumor ran through all the town, and all mouths cried out for vengeance. There is nothing more common than this in a populace without judgment; but here follows the most prodigious part of the affair. This neighbor's own son, a child of five years and a half old, accused his mother of having caused the unhappy girl who was found in the Rhône to be violated before his eyes, and to be held by five men, while the sixth committed the crime. He had heard the words which pronounced her violated; he painted her attitudes; he saw his mother and these villains strangle this unfortunate girl after the consummation of the act. He also saw his mother and the assassins throw her into a well, draw her out of it, wrap her up in a cloth, carry her about in triumph, dance round the corpse, and, at last, throw her into the Rhône. The judges were obliged to put all the pretended accomplices deposed against in chains. The child is again heard, and still maintains, with the simplicity of his age, all that he had said of them and of his mother. How could it be imagined that this child had not spoken the pure truth? The crime was not probable, but it was still less so that a child of the age of five years and a half should thus calumniate his mother, and repeat with exactness all the circumstances of an abominable and unheard-of crime; if he had not been the eye-witness of it, and been overcome with the force of the truth, such things would not have been wrung from him.
Every one expected to feast his eyes on the torment of the accused; but what was the end of this strange criminal process? There was not a word of truth in the accusation. There was no girl violated, no young men assembled at the house of the accused, no murder, not the least transaction of the sort, nor the least noise. The child had been suborned; and by whom? Strange, but true, by two other children, who were the sons of the accused. He had been on the point of burning his mother to get some sweetmeats.
The heads of the accusation were clearly incompatible. The sage and enlightened court of judicature, after having yielded to the public fury so far as to seek every possible testimony for and against the accused, fully and unanimously acquitted them. Formerly, perhaps, this innocent prisoner would have been broken on the wheel, or judicially burned, for the pleasure of supplying an execution – the tragedy of the mob.
CRIMINAL
Criminal Prosecution.
Very innocent actions have been frequently punished with death. Thus in England, Richard III., and Edward IV., effected by the judges the condemnation of those whom they suspected of disaffection. Such are not criminal processes; they are assassinations committed by privileged murderers. It is the last degree of abuse to make the laws the instruments of injustice.
It is said that the Athenians punished with death every stranger who entered their areopagus or sovereign tribunal. But if this stranger was actuated by mere curiosity, nothing was more cruel than to take away his life. It is observed, in "The Spirit of Laws," that this vigor was exercised, "because he usurped the rights of a citizen."
But a Frenchman in London who goes to the House of Commons to hear the debates, does not aspire to the rights of a citizen. He is received with politeness. If any splenetic member calls for the clearing of the house, the traveller clears it by withdrawing; he is not hanged. It is probable that, if the Athenians passed this temporary law, it was at a time when it was suspected that every stranger might be a spy, and not from the fear that he would arrogate to himself the rights of citizenship. Every Athenian voted in his tribe; all the individuals in the tribe knew each other; no stranger could have put in his bean.
We speak here only of a real criminal prosecution, and among the Romans every criminal prosecution was public. The citizen accused of the most enormous crimes had an advocate who pleaded in his presence; who even interrogated the adverse party; who investigated everything before his judges. All the witnesses, for and against, were produced in open court; nothing was secret. Cicero pleaded for Milo, who had assassinated Clodius, in the presence of a thousand citizens. The same Cicero undertook the defence of Roscius Amerinus, accused of parricide. A single judge did not in secret examine witnesses, generally consisting of the dregs of the people, who may be influenced at pleasure.
A Roman citizen was not put to the torture at the arbitrary order of another Roman citizen, invested with this cruel authority by purchase. That horrible outrage against humanity was not perpetrated on the persons of those who were regarded as the first of men, but only on those of their slaves, scarcely regarded as men. It would have been better not to have employed torture, even against slaves.
The method of conducting a criminal prosecution at Rome accorded with the magnanimity and liberality of the nation. It is nearly the same in London. The assistance of an advocate is never in any case refused. Every one is judged by his peers. Every citizen has the power, out of thirty-six jurymen sworn, to challenge twelve without reasons, twelve with reasons, and, consequently, of choosing his judges in the remaining twelve. The judges cannot deviate from or go beyond the law. No punishment is arbitrary. No judgment can be executed before it has been reported to the king, who may, and who ought to bestow pardon on those who are deserving of it, and to whom the law cannot extend it. This case frequently occurs. A man outrageously wronged kills the offender under the impulse of venial passion; he is condemned by the rigor of the law, and saved by that mercy which ought to be the prerogative of the sovereign.
It deserves particular remark that in the same country where the laws are as favorable to the accused as they are terrible for the guilty, not only is false imprisonment in ordinary cases punished by heavy damages and severe penalties, but if an illegal imprisonment has been ordered by a minister of state, under color of royal authority, that minister may be condemned to pay damages corresponding to the imprisonment.
Proceedings in Criminal Cases Among Particular Nations.
There are countries in which criminal jurisprudence has been founded on the canon law, and even on the practice of the Inquisition, although that tribunal has long since been held in detestation there. The people in such countries still remain in a species of slavery. A citizen prosecuted by the king's officer is at once immured in a dungeon, which is in itself a real punishment of perhaps an innocent man. A single judge, with his clerk, hears secretly and in succession, every witness summoned.
Let us here merely compare, in a few points, the criminal procedure of the Romans with that of a country of the west, which was once a Roman province. Among the Romans, witnesses were heard publicly in the presence of the accused, who might reply to them, and examine them himself, or through an advocate. This practice was noble and frank; it breathed of Roman magnanimity. In France, in many parts of Germany, everything is done in secret. This practice, established under Francis I., was authorized by the commissioners, who, in 1670, drew up the ordinance of Louis XIV. A mere mistake was the cause of it.
It was imagined, on reading the code "De Testibus" that the words, Testes intrare judicii secretum, signified that witnesses were examined in secret. But secretum here signifies the chambers of the judge. Intrare secretum to express speaking in secret, would not be Latin. This part of our jurisprudence was occasioned by a solecism. Witnesses were usually persons of the lowest class, and whom the judge, when closeted with them, might induce to say whatever he wished. These witnesses are examined a second time, always in secret, which is called, re-examination; and if, after re-examination, they retract their depositions, or vary them in essential circumstances, they are punished as false witnesses. Thus, when an upright man of weak understanding, and unused to express his ideas, is conscious that he has stated either too much or too little – that he has misunderstood the judge, or that the judge has misunderstood him – and revokes, in the spirit of justice, what he has advanced through incaution, he is punished as a felon. He is in this manner often compelled to persevere in false testimony, from the actual dread of being treated as a false witness.
The person accused exposes himself by flight to condemnation, whether the crime has been proved or not. Some jurisconsults, indeed, have wisely held that the contumacious person ought not to be condemned unless the crime were clearly established; but other lawyers have been of a contrary opinion: they have boldly affirmed that the flight of the accused was a proof of the crime; that the contempt which he showed for justice, by refusing to appear, merited the same chastisement as would have followed his conviction. Thus, according to the sect of lawyers which the judge may have embraced, an innocent man may be acquitted or condemned.
It is a great abuse in jurisprudence that people often assume as law the reveries and errors – sometimes cruel ones – of men destitute of all authority, who have laid down their own opinions as laws. In the reign of Louis XIV., two edicts were published in France, which apply equally to the whole kingdom. In the first, which refers to civil causes, the judges are forbidden to condemn in any suit, on default, when the demand is not proved; but in the second, which regulates criminal proceedings, it is not laid down that, in the absence of proof, the accused shall be acquitted. Singular circumstance! The law declares that a man proceeded against for a sum of money shall not be condemned, on default, unless the debt be proved; but, in cases affecting life, the profession is divided with respect to condemning a person for contumacy when the crime is not proved; and the law does not solve the difficulty.
Example Taken from the Condemnation of a Whole Family.
The following is an account of what happened to an unfortunate family, at the time when the mad fraternities of pretended penitents, in white robes and masks, had erected, in one of the principal churches of Toulouse, a superb monument to a young Protestant, who had destroyed himself, but who they pretended had been murdered by his father and mother for having abjured the reformed religion; at the time when the whole family of this Protestant, then revered as a martyr, were in irons, and a whole population, intoxicated by a superstition equally senseless and cruel, awaited with devout impatience the delight of seeing five or six persons of unblemished integrity expire on the rack or at the stake. At this dreadful period there resided near Castres a respectable man, also of the Protestant religion, of the name of Sirven, who exercised in that province the profession of a feudist. This man had three daughters. A woman who superintended the household of the bishop of Castres, proposed to bring to him Sirven's second daughter, called Elizabeth, in order to make her a Catholic, apostolical and Roman. She is, in fact, brought. She is by him secluded with the female Jesuits, denominated the "lady teachers," or the "black ladies." They instruct her in what they know; they find her capacity weak, and impose upon her penances in order to inculcate doctrines which, with gentleness, she might have been taught. She becomes imbecile; the "black ladies" expel her; she returns to her parents; her mother, on making her change her linen, perceives that her person is covered with contusions; her imbecility increases; she becomes melancholy mad; she escapes one day from the house, while her father is some miles distant, publicly occupied in his business, at the seat of a neighboring nobleman. In short, twenty days after the flight of Elizabeth, some children find her drowned in a well, on January 4, 1761.
This was precisely the time when they were preparing to break Calas on the wheel at Toulouse. The word "parricide," and what is worse, "Huguenot," flies from mouth to mouth throughout the province. It was not doubted that Sirven, his wife, and his two daughters, had drowned the third, on a principle of religion.
It was the universal opinion that the Protestant religion positively required fathers and mothers to destroy such of their children as might wish to become Catholics. This opinion had taken such deep root in the minds even of magistrates themselves, hurried on unfortunately by the public clamor, that the Council and Church of Geneva were obliged to contradict the fatal error, and to send to the parliament of Toulouse an attestation upon oath that not only did Protestants not destroy their children, but that they were left masters of their whole property when they quitted their sect for another. It is known that, notwithstanding this attestation, Calas was broken on the wheel.
A country magistrate of the name of Londes, assisted by graduates as sagacious as himself, became eager to make every preparation for following up the example which had been furnished at Toulouse. A village doctor, equally enlightened with the magistrate, boldly affirmed, on inspecting the body after the expiration of eighteen days, that the young woman had been strangled, and afterwards thrown into the well. On this deposition the magistrate issued a warrant to apprehend the father, mother, and the two daughters. The family, justly terrified at the catastrophe of Calas, and agreeably to the advice of their friends, betook themselves instantly to flight; they travelled amidst snow during a rigorous winter, and, toiling over mountain after mountain, at length arrived at those of Switzerland. The daughter, who was married and pregnant, was prematurely delivered amidst surrounding ice.
