第104章

It has been found, that, except in a few singular cases, the commercial and political arts have advanced together. These arts have been in modern Europe so interwoven, that we cannot determine which were prior in the order of time, or derived most advantage from the mutual influences with which they act and re-act upon one another. It has been observed, that in some nations the spirit of commerce, intent on securing its profits, has led the way to political wisdom. A people, possessed of wealth, and become jealous of their properties, have formed the project of emancipation, and have proceeded, under favour of an importance recently gained, still farther to enlarge their pretensions, and to dispute the prerogatives which their sovereign had been in use to employ. But it is in vain that we expect in one age, from the possession of wealth, the fruit which it is said to have borne in a former. Great accessions of fortune, when recent, when accompanied with frugality, and a sense of independence, may render the owner confident in his strength, and ready to spurn at oppression. The purse which is open, not to personal expence, or to the indulgence of vanity, but to support the interests of a faction, to gratify the higher passions of party, render the wealthy citizen formidable to those who pretend to dominion; but it does not follow, that in a time of corruption, equal, or greater, measures of wealth should operate to the same effect.

On the contrary, when wealth is accumulated only in the hands of the miser, and runs to waste from those of the prodigal; when heirs of family find themselves straitened and poor, in the midst of affluence; when the cravings of luxury silence even the voice of party and faction; when the hopes of meriting the rewards of compliance, Or the fear of losing what is held at discretion, keep men in a state of suspense and anxiety; when fortune, in short, instead of being considered as the instrument of a vigorous spirit, becomes the idol of a covetous or a profuse, of a rapacious or a timorous mind; the foundation on which freedom was built, may serve to support a tyranny; and what, in one age, raised the pretensions, and fostered the confidence of the subject, may, in another, incline him to servility, and furnish the price to be paid for his prostitutions. Even those, who, in a vigorous age, gave the example of wealth, in the hands of the people, becoming an occasion of freedom, may, in times of degeneracy, verify likewise the maxim of Tacitus, That the admiration of riches leads to despotical government.(6*)Men who have tasted of freedom, and who have felt their personal rights, are not easily taught to bear with incroachments on either, and cannot, without some preparation, come to submit to oppression. They may receive this unhappy preparation, under different forms of government, from different hands, and arrive at the same end by different ways. They follow one direction in republics, another in monarchies, and in mixed governments. But where-ever the state has, by means that do not preserve the virtue of the subject, effectually guarded his safety;remissness, and neglect of the public, are likely to follow; and polished nations of every description, appear to encounter a danger, on this quarter, proportioned to the degree in which they have, during any continuance, enjoyed the uninterrupted possession of peace and prosperity.

Liberty results, we say, from the government of laws; and we are apt to consider statutes, not merely as the resolutions and maxims of a people determined to be free, not as the writings by which their rights are kept on record; but as a power erected to guard them, and as a barrier which the caprice of man cannot transgress.

When a basha, in Asia, pretends to decide every controversy by the rules of natural equity, we allow that he is possessed of discretionary powers. When a judge in Europe is left to decide, according to his own interpretation of written laws, is he in any sense more restrained than the former? Have the multiplied words of a statute an influence over the conscience, and the heart, more powerful than that of reason and nature? Does the party, in any judicial proceeding, enjoy a less degree of safety, when his rights are discussed, on the foundation of a rule that is open to the understandings of mankind, than when they are referred to an intricate system, which it has become the object of a separate profession to study and to explain?

If forms of proceeding, written statutes, or other constituents of law, cease to be enforced by the very spirit from which they arose; they serve only to cover, not to restrain, the iniquities of power: they are possibly respected even by the corrupt magistrate, when they favour his purpose; but they are contemned or evaded, when they stand in his way: And the influence of laws, where they have any real effect in the preservation of liberty, is not any magic power descending from shelves that are loaded with books, but is, in reality, the influence of men resolved to be free; of men, who, having adjusted in writing the terms On which they are to live with the state, and with their fellow-subjects, are determined, by their vigilance and spirit, to make these terms be observed.