The Liberty of Ancients Compared with that of Moderns

Gen­tle­men,

I wish to sub­mit for your atten­ti­on a few distinc­ti­ons, still rat­her new, betwe­en two kinds of liber­ty: the­se dif­fe­ren­ces have thus far rema­i­ned unno­ti­ced, or at least insuf­fi­ci­en­tly remar­ked. The first is the liber­ty the exer­ci­se of which was so dear to the anci­ent peo­ples; the second the one the enjo­yment of which is espe­ci­al­ly pre­ci­o­us to the modern nati­ons. If I am right, this inve­sti­ga­ti­on will pro­ve inter­e­sting from two dif­fe­rent angles.

Firs­tly, the con­fu­si­on of the­se two kinds of liber­ty has been amongst us, in the all too famo­us days of our revo­lu­ti­on, the cau­se of many an evil. Fran­ce was exha­u­sted by use­less expe­ri­ments, the aut­hors of which, irri­ta­ted by the­ir poor suc­cess, sought to for­ce her to enjoy the good she did not want, and deni­ed her the good which she did want. Secon­dly, cal­led as we are by our hap­py revo­lu­ti­on (I call it hap­py, despi­te its exces­ses, beca­u­se I con­cen­tra­te my atten­ti­on on its results) to enjoy the bene­fits of repre­sen­ta­ti­ve govern­ment, it is curi­o­us and inter­e­sting to disco­ver why this form of govern­ment, the only one in the shel­ter of which we could find some fre­e­dom and pea­ce today, was total­ly unk­no­wn to the free nati­ons of antiquity.

I know that the­re are wri­ters who have cla­i­med to distin­gu­ish tra­ces of it among some anci­ent peo­ples, in the Lace­da­e­mo­ni­an repu­blic for exam­ple, or amongst our ance­stors the Gauls; but they are mista­ken. The Lace­da­e­mo­ni­an govern­ment was a mona­stic ari­sto­cra­cy, and in no way a repre­sen­ta­ti­ve govern­ment. The power of the kings was limi­ted, but it was limi­ted by the ephors, and not by men inve­sted with a mis­si­on simi­lar to that which elec­ti­on con­fers today on the defen­ders of our liber­ti­es. The ephors, no doubt, tho­ugh ori­gi­nal­ly cre­a­ted by the kings, were elec­ted by the peo­ple. But the­re were only five of them. The­ir aut­ho­ri­ty was as much reli­gi­o­us as poli­ti­cal; they even sha­red in the admi­ni­stra­ti­on of govern­ment, that is, in the exe­cu­ti­ve power. Thus the­ir pre­ro­ga­ti­ve, like that of almost all popu­lar magi­stra­tes in the anci­ent repu­blics, far from being sim­ply a bar­ri­er aga­inst tyran­ny beca­me some­ti­mes itself an insuf­fe­ra­ble tyranny.

The regi­me of the Gauls, which qui­te resem­bled the one that a cer­ta­in par­ty would like to resto­re to us, was at the same time the­o­cra­tic and war­li­ke. The pri­ests enjo­yed unli­mi­ted power. The mili­ta­ry class or nobi­li­ty had mar­ke­dly inso­lent and oppres­si­ve pri­vi­le­ges; the peo­ple had no rights and no safeguards.

In Rome the tri­bu­nes had, up to a point, a repre­sen­ta­ti­ve mis­si­on. They were the organs of tho­se ple­be­i­ans whom the oli­garc­hy — which is the same in all ages — had sub­mit­ted, in overt­hro­wing the kings, to so harsh a sla­ve­ry. The peo­ple, howe­ver, exer­ci­sed a lar­ge part of the poli­ti­cal rights direc­tly. They met to vote on the laws and to jud­ge the patri­ci­ans aga­inst whom char­ges had been leve­led: thus the­re were, in Rome, only fee­ble tra­ces of a repre­sen­ta­ti­ve system.

This system is a disco­ve­ry of the moderns, and you will see, Gen­tle­men, that the con­di­ti­on of the human race in anti­qu­i­ty did not allow for the intro­duc­ti­on or esta­blish­ment of an insti­tu­ti­on of this natu­re. The anci­ent peo­ples could neit­her feel the need for it, nor appre­ci­a­te its advan­ta­ges. The­ir soci­al orga­ni­za­ti­on led them to desi­re an enti­re­ly dif­fe­rent fre­e­dom from the one which this system grants to us. Tonight's lec­tu­re w ill be devo­ted to demon­stra­ting this truth to you.

First ask your­sel­ves, Gen­tle­men, what an English­man, a French-man, and a citi­zen of the Uni­ted Sta­tes of Ame­ri­ca under­stand today by the word 'liber­ty'. For each of them it is the right to be subjec­ted only to the laws, and to be neit­her arre­sted, deta­i­ned, put to death or mal­tre­a­ted in any way by the arbi­tra­ry will of one or more indi­vi­du­als. It is the right of eve­ryo­ne to express the­ir opi­ni­on, cho­o­se a pro­fes­si­on and prac­ti­ce it, to dispo­se of pro­per­ty, and even to abu­se it; to come and go wit­ho­ut per­mis­si­on, and wit­ho­ut having to acco­unt for the­ir moti­ves or under­ta­kings. It is everyone's right to asso­ci­a­te with other indi­vi­du­als, eit­her to discuss the­ir inter­ests, or to pro­fess the reli­gi­on which they and the­ir asso­ci­a­tes pre­fer, or even sim­ply to occu­py the­ir days or hours in a way which is most com­pa­ti­ble with the­ir inc­li­na­ti­ons or whims. Final­ly it is everyone's right to exer­ci­se some influ­en­ce on the admi­ni­stra­ti­on of the govern­ment, eit­her by elec­ting all or par­ti­cu­lar offi­ci­als, or thro­ugh repre­sen­ta­ti­ons, peti­ti­ons, demands to which the aut­ho­ri­ti­es are more or less com­pel­led to pay heed. Now com­pa­re this liber­ty with that of the ancients.

The lat­ter con­si­sted in exer­ci­sing col­lec­ti­ve­ly, but direc­tly, seve­ral parts of the com­ple­te sove­re­ign­ty; in deli­be­ra­ting, in the public squ­a­re, over war and pea­ce; in for­ming alli­an­ces with fore­ign govern­ments; in voting laws, in pro­no­un­cing judg­ments; in exa­mi­ning the acco­unts, the acts, the ste­wards­hip of the magi­stra­tes; in cal­ling them to appe­ar in front of the assem­bled peo­ple, in accu­sing, con­dem­ning or absol­ving them. But if this was what the anci­ents cal­led liber­ty, they admit­ted as com­pa­ti­ble with this col­lec­ti­ve fre­e­dom the com­ple­te subjec­ti­on of the indi­vi­du­al to the aut­ho­ri­ty of the com­mu­ni­ty. You find among them almost none of the enjo­yments which we have just seen form part of the liber­ty of the moderns. All pri­va­te acti­ons were sub­mit­ted to a seve­re sur­ve­il­lan­ce. No impor­tan­ce was given to indi­vi­du­al inde­pen­den­ce, neit­her in rela­ti­on to opi­ni­ons, nor to labor, nor, abo­ve all, to reli­gi­on. The right to cho­o­se one's own reli­gi­o­us affi­li­a­ti­on, a right which we regard as one of the most pre­ci­o­us, would have see­med to the anci­ents a cri­me and a sacri­le­ge. You can find cri­mi­nal justi­ce lawyer defen­sing aga­inst pro­per­ty cri­mes, here! In the doma­ins which seem to us the most use­ful, the aut­ho­ri­ty of the soci­al body inter­po­sed itself and obstruc­ted the will of indi­vi­du­als. You can check out cri­mi­nal justi­ce law firm based in Den­ver in case you need help with cri­mi­nal cases.. In the most dome­stic of rela­ti­ons the public aut­ho­ri­ty aga­in inter­ve­ned. The young Lace­da­e­mo­ni­an could not visit his new bri­de fre­e­ly. In Rome, the cen­sors cast a searc­hing eye over fami­ly life. The laws regu­la­ted customs, and as customs touch on eve­ryt­hing, the­re was har­dly anyt­hing that the laws did not regulate.

Thus among the anci­ents the indi­vi­du­al, almost alwa­ys sove­re­ign in public affa­irs, was a sla­ve in all his pri­va­te rela­ti­ons. As a citi­zen, he deci­ded on pea­ce and war; as a pri­va­te indi­vi­du­al, he was con­stra­i­ned, watc­hed and repres­sed in all his move­ments; as a mem­ber of the col­lec­ti­ve body, he inter­ro­ga­ted, dismis­sed, con­dem­ned, beg­ga­red, exi­led, or sen­ten­ced to death his magi­stra­tes and supe­ri­ors; as a subject of the col­lec­ti­ve body he could him­self be depri­ved of his sta­tus, strip­ped of his pri­vi­le­ges, banis­hed, put to death, by the discre­ti­o­na­ry will of the who­le to which he belon­ged. Among the moderns, on the con­tra­ry, the indi­vi­du­al, inde­pen­dent in his pri­va­te life, is, even in the fre­est of sta­tes, sove­re­ign only in appe­a­ran­ce. His sove­re­ign­ty is restric­ted and almost alwa­ys suspen­ded. If, at fixed and rare inter­vals, in which he is aga­in sur­ro­un­ded by pre­ca­u­ti­ons and obstac­les, he exer­ci­ses this sove­re­ign­ty, it is alwa­ys only to reno­un­ce it.

I must at this point, Gen­tle­men, pau­se for a moment to anti­ci­pa­te an objec­ti­on which may be addres­sed to me. The­re was in anti­qu­i­ty a repu­blic whe­re the ensla­ve­ment of indi­vi­du­al exi­sten­ce to the col­lec­ti­ve body was not as com­ple­te as I have descri­bed it. This repu­blic was the most famo­us of all: you will guess that I am spe­a­king of Athens. I shall return to it later, and in subscri­bing to the truth of this fact, I shall also indi­ca­te its cau­se. We shall see why, of all the anci­ent sta­tes, Athens was the one which most resem­bles the modern ones. Eve­rywhe­re else soci­al juris­dic­ti­on was unli­mi­ted. The anci­ents, as Con­dor­cet says, had no noti­on of indi­vi­du­al rights. Men were, so to spe­ak, mere­ly mac­hi­nes, who­se gears and cog-whe­els were regu­la­ted by the law. The same subjec­ti­on cha­rac­te­ri­zed the gol­den cen­tu­ri­es of the Roman repu­blic; the indi­vi­du­al was in some way lost in the nati­on, the citi­zen in the city. We shall now tra­ce this essen­ti­al dif­fe­ren­ce betwe­en the anci­ents and our­sel­ves back to its source.

All anci­ent repu­blics were restric­ted to a nar­row ter­ri­to­ry. The most popu­lo­us, the most power­ful, the most sub­stan­ti­al among them, was not equ­al in exten­si­on to the smal­lest of modern sta­tes. As an ine­vi­ta­ble con­se­qu­en­ce of the­ir nar­row ter­ri­to­ry, the spi­rit of the­se repu­blics was bel­li­co­se; each peo­ple inces­san­tly attac­ked the­ir neigh­bors or was attac­ked by them. Thus dri­ven by neces­si­ty aga­inst one anot­her, they fought or thre­a­te­ned each other con­stan­tly. Tho­se who had no ambi­ti­on to be conqu­e­rors, could still not lay down the­ir wea­pons, lest they sho­uld them­sel­ves be conqu­e­red. All had to buy the­ir secu­ri­ty, the­ir inde­pen­den­ce, the­ir who­le exi­sten­ce at the pri­ce of war. This was the con­stant inter­est, the almost habi­tu­al occu­pa­ti­on of the free sta­tes of anti­qu­i­ty. Final­ly, by an equ­al­ly neces­sa­ry result of this way of being, all the­se sta­tes had sla­ves. The mec­ha­ni­cal pro­fes­si­ons and even, among some nati­ons, the indu­stri­al ones, were com­mit­ted to peo­ple in chains.

The modern world offers us a com­ple­te­ly oppo­sing view. The smal­lest sta­tes of our day are incom­pa­ra­bly lar­ger than Spar­ta or than Rome was over five cen­tu­ri­es. Even the divi­si­on of Euro­pe into seve­ral sta­tes is, thanks to the pro­gress of enligh­ten­ment, more appa­rent than real. Whi­le each peo­ple, in the past, for­med an iso­la­ted fami­ly, the born ene­my of other fami­li­es, a mass of human beings now exists, that under dif­fe­rent names and under dif­fe­rent forms of soci­al orga­ni­za­ti­on are essen­ti­al­ly homo­ge­ne­o­us in the­ir natu­re. This mass is strong eno­ugh to have not­hing to fear from bar­ba­ri­an hor­des. It is suf­fi­ci­en­tly civi­li­zed to find war a bur­den. Its uni­form ten­den­cy is towards peace.

This dif­fe­ren­ce leads to anot­her one. War pre­ce­des com­mer­ce. War and com­mer­ce are only two dif­fe­rent means of achi­e­ving the same end, that of get­ting what one wants. Com­mer­ce is sim­ply a tri­bu­te paid to the strength of the pos­ses­sor by the aspi­rant to pos­ses­si­on. It is an attempt to conqu­er, by mutu­al agre­e­ment, what one can no lon­ger hope to obta­in thro­ugh vio­len­ce. A man who was alwa­ys the stron­ger would never con­ce­i­ve the idea of com­mer­ce. It is expe­ri­en­ce, by pro­ving to him that war, that is the use of his strength aga­inst the strength of others, expo­ses him to a vari­e­ty of obstac­les and defe­ats, that leads him to resort to com­mer­ce, that is to a mil­der and surer means of enga­ging the inter­est of others to agree to what suits his own. War is all impul­se, com­mer­ce, cal­cu­la­ti­on. Hen­ce it fol­lo­ws that an age must come in which com­mer­ce repla­ces war. We have reac­hed this age.

I do not mean that amongst the anci­ents the­re were no tra­ding peo­ples. But the­se peo­ples were to some degree an excep­ti­on to the gene­ral rule. The limits of this lec­tu­re do not allow me to illu­stra­te all the obstac­les which then oppo­sed the pro­gress of com­mer­ce; you know them as well as I do; I shall only men­ti­on one of them.

The­ir igno­ran­ce of the com­pass meant that the sai­lors of anti­qu­i­ty alwa­ys had to keep clo­se to the coast. To pass thro­ugh the pil­lars of Her­cu­les, that is, the stra­its of Gibral­tar, was con­si­de­red the most daring of enter­pri­ses. The Pho­e­ni­ci­ans and the Cart­ha­gi­ni­ans, the most able of navi­ga­tors, did not risk it until very late, and the­ir exam­ple for long rema­i­ned wit­ho­ut imi­ta­tors. In Athens, of which we shall talk soon, the inter­est on mari­ti­me enter­pri­ses was aro­und 60%, whi­le cur­rent inter­est was only I2%: that was how dan­ge­ro­us the idea of distant navi­ga­ti­on seemed.

More­o­ver, if I could per­mit myself a digres­si­on which would unfor­tu­na­te­ly pro­ve too long, I would show you, Gen­tle­men, thro­ugh the deta­ils of the customs, habits, way of tra­ding with others of the tra­ding peo­ples of anti­qu­i­ty, that the­ir com­mer­ce was itself impreg­na­ted by the spi­rit of the age, by the atmosp­he­re of war and hosti­li­ty which sur­ro­un­ded it. Com­mer­ce then was a luc­ky acci­dent, today it is the nor­mal sta­te of things, the only aim, the uni­ver­sal ten­den­cy, the true life of nati­ons. They u ant repo­se, and with repo­se com­fort, and as a sour­ce of com­fort, indu­stry. Eve­ry day war beco­mes a more inef­fec­ti­ve means of satis­fying the­ir wis­hes. Its hazards no lon­ger offer to indi­vi­du­als bene­fits that match the results of pea­ce­ful work and regu­lar exchanges.

Among the anci­ents, a suc­cess­ful war incre­a­sed both pri­va­te and public wealth in sla­ves, tri­bu­tes and lands sha­red out. For the moderns, even a suc­cess­ful war costs infal­li­bly more than it is worth. Final­ly, thanks to com­mer­ce, to reli­gi­on, to the moral and intel­lec­tu­al pro­gress of the human race, the­re are no lon­ger sla­ves among the Euro­pe­an nati­ons. Free men must exer­ci­se all pro­fes­si­ons, pro­vi­de for all the needs of society.

It is easy to see, Gen­tle­men, the ine­vi­ta­ble out­co­me of the­se dif­fe­ren­ces. Firs­tly, the size of a coun­try cau­ses a cor­re­spon­ding decre­a­se of the poli­ti­cal impor­tan­ce allot­ted to each indi­vi­du­al. The most obscu­re repu­bli­can of Spar­ta or Rome had power. The same is not true of the sim­ple citi­zen of Bri­ta­in or of the Uni­ted Sta­tes. His per­so­nal influ­en­ce is an imper­cep­ti­ble part of the soci­al will which impres­ses on the govern­ment its direction.

Secon­dly, the abo­li­ti­on of sla­ve­ry has depri­ved the free popu­la­ti­on of all the lei­su­re which resul­ted from the fact that sla­ves took care of most of the work. Wit­ho­ut the sla­ve popu­la­ti­on of Athens, 20,000 Athe­ni­ans could never have spent eve­ry day at the public squ­a­re in discus­si­ons. Thir­dly, com­mer­ce does not, like war, lea­ve in men's lives inter­vals of inac­ti­vi­ty. The con­stant exer­ci­se of poli­ti­cal rights, the dai­ly discus­si­on of the affa­irs of the sta­te, disa­gre­e­ments, con­fa­bu­la­ti­ons, the who­le ento­u­ra­ge and move­ment of fac­ti­ons, neces­sa­ry agi­ta­ti­ons, the com­pul­so­ry fil­ling, if I may use the term, of the life of the peo­ples of anti­qu­i­ty, who, wit­ho­ut this reso­ur­ce would have lan­gu­is­hed under the weight of pain­ful inac­ti­on, would only cau­se tro­u­ble and fati­gue to modern nati­ons, whe­re each indi­vi­du­al, occu­pi­ed with his spe­cu­la­ti­ons, his enter­pri­ses, the ple­a­su­res he obta­ins or hopes for, does not wish to be distrac­ted from them other than momen­ta­ri­ly, and as lit­tle as possible.

Final­ly, com­mer­ce inspi­res in men a vivid love of indi­vi­du­al inde­pen­den­ce. Com­mer­ce sup­pli­es the­ir needs, satis­fi­es the­ir desi­res, wit­ho­ut the inter­ven­ti­on of the aut­ho­ri­ti­es. This inter­ven­ti­on is almost alwa­ys — and I do not know why I say almost — this inter­ven­ti­on is inde­ed alwa­ys a tro­u­ble and an embar­ras­sment. Eve­ry time col­lec­ti­ve power wis­hes to med­dle with pri­va­te spe­cu­la­ti­ons, it haras­ses the spe­cu­la­tors. Eve­ry time govern­ments pre­tend to do our own busi­ness, they do it more incom­pe­ten­tly and expen­si­ve­ly than we would.

I said, Gen­tle­men, that I would return to Athens, who­se exam­ple might be oppo­sed to some of my asser­ti­ons, but which will in fact con­firm all of them. Athens, as I have alre­a­dy poin­ted out, was of all the Gre­ek repu­blics the most clo­se­ly enga­ged in tra­de, thus it allo­wed to its citi­zens an infi­ni­te­ly gre­a­ter indi­vi­du­al liber­ty than Spar­ta or Rome. If I could enter into histo­ri­cal deta­ils, I would show you that, among the Athe­ni­ans, com­mer­ce had remo­ved seve­ral of the dif­fe­ren­ces which distin­gu­is­hed the anci­ent from the modern peo­ples. The spi­rit of the Athe­ni­an merc­hants was simi­lar to that of the merc­hants of our days. Xenop­hon tells us that during the Pelo­po­ne­si­an war, they moved the­ir capi­tals from the con­ti­nent of Atti­ca to pla­ce them on the islands of the arc­hi­pe­la­go. Com­mer­ce had cre­a­ted among them the cir­cu­la­ti­on of money. In Iso­cra­tes the­re are signs that bills of exc­han­ge were used. Obser­ve how the­ir customs resem­ble our own. In the­ir rela­ti­ons with women, you will see, aga­in I cite Xenop­hon, hus­bands, satis­fi­ed when pea­ce and a deco­ro­us fri­ends­hip reig­ned in the­ir hou­se­holds, make allo­wan­ces for the wife who is too vul­ne­ra­ble befo­re the tyran­ny of natu­re, clo­se the­ir eyes to the irre­si­sti­ble power of pas­si­ons, for­gi­ve the first weak­ness and for­get the second. In the­ir rela­ti­ons with stran­gers, we shall see them exten­ding the rights of citi­zens­hip to who­e­ver would, by moving among them with his fami­ly, esta­blish some tra­de or industry.

Final­ly, we shall be struck by the­ir exces­si­ve love of indi­vi­du­al inde­pen­den­ce. In Spar­ta, says a phi­lo­sop­her, the citi­zens quic­ken the­ir step when they are cal­led by a magi­stra­te; but an Athe­ni­an would be despe­ra­te if he were tho­ught to be depen­dent on a magi­stra­te. Howe­ver, as seve­ral of the other cir­cum­stan­ces which deter­mi­ned the cha­rac­ter of anci­ent nati­ons exi­sted in Athens as well; as the­re was a sla­ve popu­la­ti­on and the ter­ri­to­ry was very restric­ted; we find the­re too the tra­ces of the liber­ty pro­per to the anci­ents. The peo­ple made the laws, exa­mi­ned the beha­vi­or of the magi­stra­tes, cal­led Peric­les to acco­unt for his con­duct, sen­ten­ced to death the gene­rals who had com­man­ded the bat­tle of the Argi­nu­sae. Simi­lar­ly ostra­cism, that legal arbi­tra­ri­ness, extol­led by all the legi­sla­tors of the age; ostra­cism, which appe­ars to us, and righ­tly so, a revol­ting ini­qu­i­ty, pro­ves that the indi­vi­du­al was much more sub­ser­vi­ent to the supre­ma­cy of the soci­al body in Athens, than he is in any of the free sta­tes of Euro­pe today.

It fol­lo­ws from what I have just indi­ca­ted that w e can no lon­ger enjoy the liber­ty of the anci­ents, which con­si­sted in an acti­ve and con­stant par­ti­ci­pa­ti­on in col­lec­ti­ve power. Our fre­e­dom must con­sist of pea­ce­ful enjo­yment and pri­va­te inde­pen­den­ce. The sha­re which in anti­qu­i­ty ever;one held in nati­o­nal sove­re­ign­ty was by no means an abstract pre­sump­ti­on as it is in our own day. The w ill of each indi­vi­du­al had real influ­en­ce: the exer­ci­se of this will was a vivid and repe­a­ted ple­a­su­re. Con­se­qu­en­tly the anci­ents were rea­dy to make many a sacri­fi­ce to pre­ser­ve the­ir poli­ti­cal rights and the­ir sha­re in the admi­ni­stra­ti­on of the sta­te. Eve­rybo­dy, fee­ling with pri­de all that his suf­fra­ge was worth, found in this awa­re­ness of his per­so­nal impor­tan­ce a gre­at compensation.

This com­pen­sa­ti­on no lon­ger exists for us today. Lost in the mul­ti­tu­de, the indi­vi­du­al can almost never per­ce­i­ve the influ­en­ce he exer­ci­ses. Never does his will impress itself upon the who­le; not­hing con­firms in his eyes his own coo­pe­ra­ti­on. The exer­ci­se of poli­ti­cal rights, the­re­fo­re, offers us but a part of the ple­a­su­res that the anci­ents found in it, whi­le at the same time the pro­gress of civi­li­za­ti­on, the com­mer­ci­al ten­den­cy of the age, the com­mu­ni­ca­ti­on amongst peo­ples, have infi­ni­te­ly mul­ti­pli­ed and vari­ed the means of per­so­nal happiness.

It fol­lo­ws that we must be far more attac­hed than the anci­ents to our indi­vi­du­al inde­pen­den­ce. For the anci­ents when they sacri­fi­ced that inde­pen­den­ce to the­ir poli­ti­cal rights, sacri­fi­ced less to obta­in more; whi­le in making the same sacri­fi­ce! we would give more to obta­in less. The aim of the anci­ents was the sha­ring of soci­al power among the citi­zens of the same fat­her­land: this is what they cal­led liber­ty. The aim of the moderns is the enjo­yment of secu­ri­ty in pri­va­te ple­a­su­res; and they call liber­ty the gua­ran­te­es accor­ded by insti­tu­ti­ons to the­se pleasures .

I said at the begin­ning that, thro­ugh the­ir fai­lu­re to per­ce­i­ve the­se dif­fe­ren­ces, othe­rwi­se well-inten­ti­o­ned men cau­sed infi­ni­te evils during our long and stor­my revo­lu­ti­on. God for­bid that I sho­uld repro­ach them too hars­hly. The­ir error itself was excu­sa­ble. One could not read the bea­u­ti­ful pages of anti­qu­i­ty, one could not recall the acti­ons of its gre­at men, wit­ho­ut fee­ling an inde­fi­na­ble and spe­ci­al emo­ti­on, which not­hing modern can pos­si­bly aro­u­se. The old ele­ments of a natu­re, one could almost say, ear­li­er than our own, seem to awa­ken in us in the face of the­se memo­ri­es. It is dif­fi­cult not to regret the time when the facul­ti­es of man deve­lo­ped along an alre­a­dy trod­den path, but in so wide a care­er, so strong in the­ir own powers, with such a fee­ling of ener­gy and dig­ni­ty. Once we aban­don our­sel­ves to this regret, it is impos­si­ble not to wish to imi­ta­te what we regret. This impres­si­on was very deep, espe­ci­al­ly when we lived under vici­o­us govern­ments, which, wit­ho­ut being strong, were repres­si­ve in the­ir effects; absurd in the­ir prin­ci­ples; wretc­hed in acti­on; govern­ments which had as the­ir strength arbi­tra­ry power; for the­ir pur­po­se the belit­tling of man­kind; and which some indi­vi­du­als still dare to pra­i­se to us today, as if we could ever for­get that we have been the wit­nes­ses and the vic­tims of the­ir obsti­na­cy, of the­ir impo­ten­ce and of the­ir overt­hrow. The aim of our refor­mers was noble and gene­ro­us. Who among us did not feel his heart beat with hope at the out­set of the cour­se which they see­med to open up? And sha­me, even today, on who­e­ver does not feel the need to dec­la­re that ack­no­wled­ging a few errors com­mit­ted by our first gui­des does not mean bligh­ting the­ir memo­ry or diso­wning the opi­ni­ons which the fri­ends of man­kind have pro­fes­sed thro­ug­ho­ut the ages.

But tho­se men had deri­ved seve­ral of the­ir the­o­ri­es from the works of two phi­lo­sop­hers who had them­sel­ves fai­led to recog­ni­ze the chan­ges bro­ught by two tho­u­sand years in the dispo­si­ti­ons of man­kind. I shall per­haps at some point exa­mi­ne the system of the most illu­stri­o­us of the­se phi­lo­sop­hers, of Jean-Jacqu­es Rous­se­au, and I shall show that, by trans­po­sing into our modern age an extent of soci­al power, of col­lec­ti­ve sove­re­ign­ty, which belon­ged to other cen­tu­ri­es, this sub­li­me geni­us, ani­ma­ted by the purest love of liber­ty, has nevert­he­less fur­nis­hed dea­dly pre­te­xts for more than one kind of tyran­ny. No doubt, in poin­ting out what I regard as a misun­der­stan­ding which it is impor­tant to unco­ver, I shall be care­ful in my refu­ta­ti­on, and respect­ful in my cri­ti­cism. I shall cer­ta­in­ly refra­in from joi­ning myself to the detrac­tors of a gre­at man. When chan­ce has it that I find myself appa­ren­tly in agre­e­ment with them on some one par­ti­cu­lar point, I suspect myself; and to con­so­le myself for appe­a­ring for a moment in agre­e­ment with them on a sin­gle par­ti­al que­sti­on, I need to diso­wn and deno­un­ce with all my ener­gi­es the­se pre­ten­ded allies.

Nevert­he­less, the inter­ests of truth must pre­va­il over con­si­de­ra­ti­ons which make the glo­ry of a pro­di­gi­o­us talent and the aut­ho­ri­ty of an immen­se repu­ta­ti­on so power­ful. More­o­ver, as we shall see, it is not to Rous­se­au that we must chi­e­fly attri­bu­te the error aga­inst which I am going to argue; this is to be impu­ted much more to one of his suc­ces­sors, less elo­qu­ent but no less auste­re and a hun­dred times more exag­ge­ra­ted. The lat­ter, the abbe de Mably, can be regar­ded as the repre­sen­ta­ti­ve of the system which, accor­ding to the maxims of anci­ent liber­ty, demands that the citi­zens sho­uld be enti­re­ly subjec­ted in order for the nati­on to be sove­re­ign, and that the indi­vi­du­al sho­uld be ensla­ved for the peo­ple to be free.

The abbe de Mably, like Rous­se­au and many others, had mista­ken, just as the anci­ents did, the aut­ho­ri­ty of the soci­al body for liber­ty; and to him any means see­med good if it exten­ded his area of aut­ho­ri­ty over that recal­ci­trant part of human exi­sten­ce who­se inde­pen­den­ce he deplo­red. The regret he expres­ses eve­rywhe­re in his works is that the law can only cover acti­ons. He would have liked it to cover the most fle­e­ting tho­ughts and impres­si­ons; to pur­sue man relen­tles­sly, lea­ving him no refu­ge in which he might esca­pe from its power. No soo­ner did he learn, among no mat­ter what peo­ple, of some oppres­si­ve mea­su­re, than he tho­ught he had made a disco­ve­ry and pro­po­sed it as a model. He dete­sted indi­vi­du­al liber­ty like a per­so­nal ene­my; and whe­ne­ver in histo­ry he came across a nati­on total­ly depri­ved of it, even if it had no poli­ti­cal liber­ty, he could not help admi­ring it. He went into ecsta­si­es over the Egyp­ti­ans, beca­u­se, as he said, among them eve­ryt­hing was prescri­bed by the law, down to rela­xa­ti­ons and needs: eve­ryt­hing was subjec­ted to the empi­re of the legi­sla­tor. Eve­ry moment of the day was fil­led by some duty; love itself was the object of this respec­ted inter­ven­ti­on, and it was the law that in turn ope­ned and clo­sed the cur­ta­ins of the nup­ti­al bed.

Spar­ta, which com­bi­ned repu­bli­can forms with the same ensla­ve­ment of indi­vi­du­als, aro­u­sed in the spi­rit of that phi­lo­sop­her an even more vivid ent­hu­si­asm. That vast mona­stic bar­racks to him see­med the ide­al of a per­fect repu­blic. He had a pro­fo­und con­tempt for Athens, and would gla­dly have said of this nati­on, the first of Gre­e­ce, what an aca­de­mi­ci­an and gre­at noble­man said of the French Aca­de­my: What an appal­ling despo­tism! Eve­ryo­ne does what he likes the­re. I must add that this gre­at noble­man was tal­king of the Aca­de­my as it was thir­ty years ago.

Mon­te­squ­i­eu, who had a less exci­ta­ble and the­re­fo­re more obser­vant mind, did not fall into qui­te the same errors. He was struck by the dif­fe­ren­ces which I have rela­ted; but he did not disco­ver the­ir true cau­se. The Gre­ek poli­ti­ci­ans who lived under the popu­lar govern­ment did not recog­ni­ze, he argu­es, any other power but vir­tue. Poli­ti­ci­ans of today talk only of manu­fac­tu­res, of com­mer­ce, of finan­ces, of wealth and even of luxu­ry. He attri­bu­tes this dif­fe­ren­ce to the repu­blic and the monarc­hy. It ought inste­ad to be attri­bu­ted to the oppo­sed spi­rit of anci­ent and modern times. Citi­zens of repu­blics, subjects of monarc­hi­es, all want ple­a­su­res, and inde­ed no-one, in the pre­sent con­di­ti­on of soci­e­ti­es can help wan­ting them. The peo­ple most attac­hed to the­ir liber­ty in our own days, befo­re the eman­ci­pa­ti­on of Fran­ce, was also the most attac­hed to all the ple­a­su­res of life; and it valu­ed its liber­ty espe­ci­al­ly beca­u­se it saw in this the gua­ran­tee of the ple­a­su­res which it che­ris­hed. In the past, whe­re the­re was liber­ty, peo­ple could bear hards­hip. Now, whe­re­ver the­re is hards­hip, despo­tism is neces­sa­ry for peo­ple to resign them­sel­ves to it. It would be easi­er today to make Spar­tans of an ensla­ved peo­ple than to turn free men into Spartans.

The men who were bro­ught by events to the head of our revo­lu­ti­on were, by a neces­sa­ry con­se­qu­en­ce of the edu­ca­ti­on they had rece­i­ved, ste­e­ped in anci­ent vie­ws which are no lon­ger valid, which the phi­lo­sop­hers whom I men­ti­o­ned abo­ve had made fas­hi­o­na­ble. The metap­hysics of Rous­se­au, in the midst of which flas­hed the occa­si­o­nal sub­li­me tho­ught and pas­sa­ges of stir­ring elo­qu­en­ce; the auste­ri­ty of Mably, his into­le­ran­ce, his hatred of all human pas­si­ons, his eager­ness to ensla­ve them all, his exag­ge­ra­ted prin­ci­ples on the com­pe­ten­ce of the law, the dif­fe­ren­ce betwe­en what he recom­men­ded and what had ever pre­vi­o­u­sly exi­sted, his dec­la­ma­ti­ons aga­inst wealth and even aga­inst pro­per­ty; all the­se things were bound to charm men hea­ted by the­ir recent vic­to­ry, and who, having won power over the law, were only too keen to extend this power to all things. It was a sour­ce of inva­lu­a­ble sup­port that two disin­te­re­sted wri­ters anat­he­ma­ti­zing human despo­tism, sho­uld have dra­wn up the text of the law in axi­oms. They wis­hed to exer­ci­se public power as they had learnt from the­ir gui­des it had once been exer­ci­sed in the free sta­tes. They beli­e­ved that eve­ryt­hing sho­uld give way befo­re col­lec­ti­ve will, and that all restric­ti­ons on indi­vi­du­al rights would be amply com­pen­sa­ted by par­ti­ci­pa­ti­on in soci­al power.

We all know, Gen­tle­men, what has come of it. Free insti­tu­ti­ons, resting upon the kno­wled­ge of the spi­rit of the age, could have sur­vi­ved. The resto­red edi­fi­ce of the anci­ents col­lap­sed, notwith­stan­ding many efforts and many hero­ic acts which call for our admi­ra­ti­on. The fact is that soci­al power inju­red indi­vi­du­al inde­pen­den­ce in eve­ry pos­si­ble war, wit­ho­ut destro­ying the need for it. The nati­on did not find that an ide­al sha­re in an abstract sove­re­ign­ty was worth the sacri­fi­ces requ­i­red from her. She was vain­ly assu­red, on Rousseau's aut­ho­ri­ty, that the laws of liber­ty are a tho­u­sand times more auste­re than the yoke of tyrants. She had no desi­re for tho­se auste­re laws, and beli­e­ved some­ti­mes that the yoke of tyrants would be pre­fe­ra­ble to them. Expe­ri­en­ce has come to unde­ce­i­ve her. She has seen that the arbi­tra­ry power of men was even wor­se than the worst of laws. But laws too must have the­ir limits.

If I have suc­ce­e­ded, Gen­tle­men, in making you sha­re the per­su­a­si­on which in my opi­ni­on the­se facts must pro­du­ce, you will ack­no­wled­ge with me the truth of the fol­lo­wing prin­ci­ples. Indi­vi­du­al inde­pen­den­ce is the first need of the moderns: con­se­qu­en­tly one must never requ­i­re from them any sacri­fi­ces to esta­blish poli­ti­cal liber­ty. It fol­lo­ws that none of the nume­ro­us and too hig­hly pra­i­sed insti­tu­ti­ons which in the anci­ent repu­blics hin­de­red indi­vi­du­al liber­ty is any lon­ger admis­si­ble in the modern times.

You may, in the first pla­ce, think, Gen­tle­men, that it is super­flu­o­us to esta­blish this truth. Seve­ral govern­ments of our days do not seem in the least inc­li­ned to imi­ta­te the repu­blics of anti­qu­i­ty. Howe­ver, lit­tle as they may like repu­bli­can insti­tu­ti­ons, the­re are cer­ta­in repu­bli­can usa­ges for which they feel a cer­ta­in affec­ti­on. It is distur­bing that they sho­uld be pre­ci­se­ly tho­se which allow them to banish, to exi­le, or to despo­il. I remem­ber that in 1802, they slip­ped into the law on spe­ci­al tri­bu­nals an artic­le which intro­du­ced into Fran­ce Gre­ek ostra­cism; and God kno­ws how many elo­qu­ent spe­a­kers, in order to have this artic­le appro­ved, tal­ked to us abo­ut the fre­e­dom of Athens and all the sacri­fi­ces that indi­vi­du­als must make to pre­ser­ve this fre­e­dom! Simi­lar­ly, in much more recent times, when fear­ful aut­ho­ri­ti­es attemp­ted, with a timid hand, to rig the elec­ti­ons, a jour­nal which can har­dly be suspec­ted of repu­bli­ca­nism pro­po­sed to revi­ve Roman cen­sors­hip to eli­mi­na­te all dan­ge­ro­us candidates.

I do not think the­re­fo­re that I am enga­ging in a use­less discus­si­on if, to sup­port my asser­ti­on, I say a few words abo­ut the­se two much vaun­ted insti­tu­ti­ons. Ostra­cism in Athens rested upon the assump­ti­on that soci­e­ty had com­ple­te aut­ho­ri­ty over its mem­bers. On this assump­ti­on it could be justi­fi­ed; and in a small sta­te, whe­re the influ­en­ce of a sin­gle indi­vi­du­al, strong in his cre­dit, his cli­ents, his glo­ry, often balan­ced the power of the mass, ostra­cism may appe­ar use­ful. But amongst us indi­vi­du­als have rights which soci­e­ty must respect, and indi­vi­du­al inter­ests are, as I have alre­a­dy obser­ved, so lost in a mul­ti­tu­de of equ­al or supe­ri­or influ­en­ces, that any oppres­si­on moti­va­ted by the need to dimi­nish this influ­en­ce is use­less and con­se­qu­en­tly unjust. No one has the right to exi­le a citi­zen, if he is not con­dem­ned by a regu­lar tri­bu­nal, accor­ding to a for­mal law which attac­hes the penal­ty of exi­le to the acti­on of which he is guil­ty. No one has the right to tear the citi­zen from his coun­try, the owner away from his pos­ses­si­ons, the merc­hant away from his tra­de, the hus­band from his wife, the fat­her from his chil­dren, the wri­ter from his stu­di­o­us medi­ta­ti­ons, the old man from his accu­sto­med way of life. All poli­ti­cal exi­le is a poli­ti­cal abu­se. All exi­le pro­no­un­ced by an assem­bly for alle­ged rea­sons of public safe­ty is a cri­me which the assem­bly itself com­mits aga­inst public safe­ty, which resi­des only in respect for the laws, in the obser­van­ce of forms, and in the main­te­nan­ce of safeguards.

Roman cen­sors­hip impli­ed, like ostra­cism, a discre­ti­o­na­ry power. In a repu­blic whe­re all the citi­zens, kept by pover­ty to an extre­me­ly sim­ple moral code, lived in the same town, exer­ci­sed no pro­fes­si­on which might distract the­ir atten­ti­on from the affa­irs of the sta­te, and thus con­stan­tly found them­sel­ves the spec­ta­tors and jud­ges of the usa­ge of public power, cen­sors­hip could on the one hand have gre­a­ter influ­en­ce: whi­le on the other, the arbi­tra­ry power of the cen­sors was restra­i­ned by a kind of moral sur­ve­il­lan­ce exer­ci­sed over them. But as soon as the size of the repu­blic, the com­ple­xi­ty of soci­al rela­ti­ons and the refi­ne­ments of civi­li­za­ti­on depri­ved this insti­tu­ti­on of what at the same time ser­ved as its basis and its limit, cen­sors­hip dege­ne­ra­ted even in Rome. It was not cen­sors­hip which had cre­a­ted good morals; it was the sim­pli­ci­ty of tho­se morals which con­sti­tu­ted the power and effi­ca­cy of censorship.

In Fran­ce, an insti­tu­ti­on as arbi­tra­ry as cen­sors­hip would be at once inef­fec­ti­ve and into­le­ra­ble. In the pre­sent con­di­ti­ons of soci­e­ty, morals are for­med by sub­tle, fluc­tu­a­ting, elu­si­ve nuan­ces, which would be distor­ted in a tho­u­sand ways if one attemp­ted to defi­ne them more pre­ci­se­ly. Public opi­ni­on alo­ne can reach them; public opi­ni­on alo­ne can jud­ge them, beca­u­se it is of the same natu­re. It would rebel aga­inst any posi­ti­ve aut­ho­ri­ty which wan­ted to give it gre­a­ter pre­ci­si­on. If the govern­ment of a modern peo­ple wan­ted, like the cen­sors in Rome, to cen­su­re a citi­zen arbi­tra­ri­ly, the enti­re nati­on would pro­test aga­inst this arrest by refu­sing to rati­fy the deci­si­ons of the authority.

What I have just said of the revi­val of cen­sors­hip in modern times appli­es also to many other aspects of soci­al orga­ni­za­ti­on, in rela­ti­on to which anti­qu­i­ty is cited even more fre­qu­en­tly and with gre­a­ter emp­ha­sis. As for exam­ple, edu­ca­ti­on; what do we not hear of the need to allow the govern­ment to take pos­ses­si­on of new gene­ra­ti­ons to sha­pe them to its ple­a­su­re, and how many eru­di­te quo­ta­ti­ons are emplo­yed to sup­port this the­o­ry! The Per­si­ans, the Egyp­ti­ans, Gaul, Gre­e­ce and Ita­ly are one after anot­her set befo­re us. Yet, Gen­tle­men, we are neit­her Per­si­ans subjec­ted to a despot, nor Egyp­ti­ans subju­ga­ted by pri­ests, nor Gauls who can be sacri­fi­ced by the­ir dru­ids, nor, final­ly, Gre­eks or Romans, who­se sha­re in soci­al aut­ho­ri­ty con­so­led them for the­ir pri­va­te ensla­ve­ment. We are modern men, who wish each to enjoy our own rights, each to deve­lop our own facul­ti­es as we like best, wit­ho­ut har­ming anyo­ne; to watch over the deve­lop­ment of the­se facul­ti­es in the chil­dren whom natu­re entrusts to our affec­ti­on, the more enligh­te­ned as it is more vivid; and nee­ding the aut­ho­ri­ti­es only to give us the gene­ral means of instruc­ti­on which they can sup­ply, as tra­ve­lers accept from them the main roads wit­ho­ut being told by them which rou­te to take.

Reli­gi­on is also expo­sed to the­se memo­ri­es of bygo­ne ages. Some bra­ve defen­ders of the uni­ty of doc­tri­ne cite the laws of the anci­ents aga­inst fore­ign gods, and susta­in the rights of the Cat­ho­lic church by the exam­ple of the Athe­ni­ans, who kil­led Socra­tes for having under- mined polyt­he­ism, and that of Augu­stus, who wan­ted the peo­ple to rema­in faith­ful to the cult of the­ir fat­hers; with the result, shor­tly after- wards, that the first Chri­sti­ans were deli­ve­red to the lions. Let us mistrust, Gen­tle­men, this admi­ra­ti­on for cer­ta­in anci­ent memo­ri­es. Sin­ce we live in modern times, I want a liber­ty sui­ted to modern times; and sin­ce we live under monarc­hi­es, I hum­bly beg the­se monarc­hi­es not to bor­row from the anci­ent repu­blics the means to oppress us.

Indi­vi­du­al liber­ty, I repe­at, is the true modern liber­ty. Poli­ti­cal liber­ty is its gua­ran­tee, con­se­qu­en­tly poli­ti­cal liber­ty is indi­spen­sa­ble. But to ask the peo­ples of our day to sacri­fi­ce, like tho­se of the past, the who­le of the­ir indi­vi­du­al liber­ty to poli­ti­cal liber­ty, is the surest means of detac­hing them from the for­mer and, once this result has been achi­e­ved, it would be only too easy to depri­ve them of the latter…

Benja­min Constant