Book 1, Chapter 3 : Spirit of Political Institutions

Robbery and fraud, two great vises in society-originate, 1, in extreme 
 poverty-2, in the ostentation of the rich-3, in their tyranny-ern-
 dered permanent-1, by legislation-2, by the administration of law
 -3, by the manner in which property is distributed.

ADDITIONAL perspicuity will be communicated to our view of the evils of political society if we reflect with further and closer attention upon what may be called its interior and domestic history.

Two of the greatest abuses relative to the interior policy of nations, which at this time prevail in the world, consist in the irregular transfer of property, either first by violence, or secondly by fraud. If among the inhabitants of any country there existed no desire in one individual to possess himself of the substance of another, or no desire so vehement and restless as to prompt him to acquire it by means inconsistent with order and justice, undoubtedly in that country guilt could scarcely be known but by report. If every man could with perfect facility obtain the necessaries of life, and, obtaining them, feel no uneasy craving after its superfluities, temptation would lose its power. Private interest would visibly accord with public good; and civil society become what poetry has feigned of the golden age. Let us inquire into the principles to which these abuses are indebted for their existence.

First then it is to be observed that, in the most refined states of Europe, the inequality of property has risen to an alarming height. Vast numbers of their inhabitants are deprived of almost every accommodation that can render life tolerable or secure. Their utmost industry scarcely suffices for their support. The women and children lean with an insupportable weight upon the efforts of the man, so that a large family has in the lower orders of life become a proverbial expression for an uncommon degree of poverty and wretchedness. If sickness, or some of those casualties which are perpetually incident to an active and laborious life, be added to these burdens, the distress is yet greater.

It seens to be agreed that in England there is less wretchedness and distress than in most of the kingdoms of the continent. In England the poors' rates amount to the sum of two millions sterling per annum. It has been calculated that one person in seven of the inhabitants of this country derives at some period of his life assistance from this fund. If to this we add the persons who, from pride, a spirit of independence, or the want of a legal settlement, though in equal distress receive no such assistance, the proportion will be considerably increased.

I lay no stress upon the accuracy of this calculation; the general fact is sufficient to give us an idea of the greatness of the abuse. The consequences that result are placed beyond the reach of contradiction. A perpetual struggle with the evils of poverty, if frequently ineffectual, must necessarily render many of the sufferers desperate. A painful feeling of their oppressed situation will itself deprive them of the power of surmounting it. The superiority of the rich, being thus unmercifully exercised, must inevitably expose them to reprisals; and the poor man will be induced to regard the state of society as a state of war, an unjust combination, not for protecting every man in his rights and securing to him the means of existence, but for engrossing all its advantages to a few favored individuals, and reserving for the portion of the rest want, dependence and misery.

A second source of those destructive passions by which the peace of society is interrupted is to be found in the luxury, the pageantry and magnificence with which enormous wealth is usually accompanied. Human beings are capable of encountering with cheerfulness considerable hardships when those hardships are impartially shared with the rest of the society, and they are not insulted with the spectacle of indolence and ease in others, no way deserving of greater advantages than themselves. But it is a bitter aggravation of their own calamity, to have the privileges of others forced on their observation, and, while they are perpetually and vainly endeavoring to secure for themselves and their families the poorest conveniences, to find others reveling in the fruits of their labors. This aggravation is assiduously administered to them under most of the political establishments at present in existence. There is a numerous class of individuals who, though rich, have neither brilliant talents nor sublime virtues; and, however highly they may prize their education, their affability, their superior polish and the elegance of their manners, have a secret consciousness that they possess nothing by which they can so securely assert their preeminence and keep their inferiors at a distance as the splendor of their equipage, the magnificence of their retinue and the sumptuousness of their entertainments. The poor man is struck with this exhibition; he feels his own miseries; he knows how unwearied are his efforts to obtain a slender pittance of this prodigal waste; and he mistakes opulence for felicity. He cannot persuade himself that an embroidered garment may frequently cover an aching heart.

A third disadvantage that is apt to connect poverty with discontent consists in the insolence and usurpation of the rich. If the poor man would in other respects compose himself in philosophic indifference, and, conscious that he possesses every thing that is truly honorable to man as fully as his rich neighbor, would look upon the rest as beneath his envy, his neighbor will not permit him to do so. He seems as if he could never be satisfied with his possessions unless he can make the spectacle of them grating to others; and that honest self-esteem, by which his inferior might otherwise attain to tranquility, is rendered the instrument of galling him with oppression and injustice. In many countries justice is avowedly made a subject of solicitation, and the man of the highest rank and most splendid connections almost infallibly carries his cause against the unprotected and friendless. In countries where this shameless practice is not established, justice is frequently a matter of expensive purchase, and the man with the longest purse is proverbially victorious. A consciousness of these facts must be expected to render the rich little cautious of offense in his dealings with the poor, and to inspire him with a temper overbearing, dictatorial and tyrannical. Nor does this indirect oppression satisfy his despotism. The rich are in all such countries directly or indirectly the legislators of the state; and of consequence are perpetually reducing oppression into a system, and depriving the poor of that little commonage of nature which might otherwise still have remained to them.

The opinions of individuals, and of consequence their desires, for desire is nothing but opinion maturing for action, will always be in a great degree regulated by the opinions of the community. But the manners prevailing in many countries are accurately calculated to impress a conviction that integrity, virtue, understanding and industry are nothing, and that opulence is everything. Does a man whose exterior denotes indigence expect to be well received in society, and especially by those who would be understood to dictate to the rest? Does he find or imagine himself in want of their assistance and favor? He is presently taught that no merit can atone for a mean appearance. The lesson that is read to him is, "Go home; enrich yourself by whatever means; obtain those superfluities which are alone regarded as estimable; and you may then be secure of an amicable reception." Accordingly poverty in such countries is viewed as the greatest of demerits. It is escaped from with an eagerness that has no leisure for the scruples of honesty. It is concealed as the most indelible disgrace. While one man chooses the path of undistinguishing accumulation, another plunges into expenses which are to impose him upon the world as more opulent than he is. He hastens to the reality of that penury the appearance of which he dreads; and, together with his property, sacrifices the integrity, veracity and character which might have consoled him in his adversity.

Such are the causes that, in different degrees under the different governments of the world, prompt mankind openly or secretly to encroach upon the property of each other. Let us consider how far they admit either of remedy or aggravation from political institution. Whatever tends to decrease the injuries attendant upon poverty decreases at the same time the inordinate desire and the enormous accumulation of wealth. Wealth is not pursued for its own sake, and seldom for the sensual gratifications it can purchase, but for the same reasons that ordinarily prompt men to the acquisition of learning, eloquence and skill, for the love of distinction and the fear of contempt. How few would prize the possession of riches if they were condemned to enjoy their equipage, their palaces and their entertainments in solitude, with no eye to wonder at their magnificence, and no sordid observer ready to convert that wonder into an adulation of the owner? If admiration were not generally deemed the exclusive property of the rich, and contempt the constant lacquey of poverty, the love of gain would cease to be an universal passion. Let us consider in what respects political institution is rendered subservient to this passion.

First then, legislation is in almost every country grossly the favorer of the rich against the poor. Such is the character of the game-laws, by which the industrious rustic is forbidden to destroy the animal that preys upon the hopes of his future subsistence, or to supply himself with the food that unsought thrusts itself in his path. Such was the spirit of the late revenue-laws of France, which in several of their provisions fell exclusively upon the humble and industrious, and exempted from their operation those who were best able to support it. Thus in England the land-tax at this moment produces half a million less than it did a century ago, while the taxes on consumption have experienced an addition of thirteen millions per annum during the same period. This is an attempt, whether effectual or no, to throw the burden from the rich upon the poor, and as such is an example of the spirit of legislation. Upon the same principle robbery and other offenses, which the wealthier part of the community have no temptation to commit, are treated as capital crimes, and attended with the most rigorous, often the most inhuman punishments. The rich are encouraged to associate for the execution of the most partial and oppressive positive laws; monopolies and patents are lavishly dispensed to such as are able to purchase them; while the most vigilant policy is employed to prevent combinations of the poor to fix the price of labor, and they are deprived of the benefit of that prudence and judgment which would select the scene of their industry.

Secondly, the administration of law is not less iniquitous than the spirit in which it is framed. Under the late government of France the office of judge was a matter of purchase, partly by an open price advanced to the crown, and partly by a secret douceur paid to the minister. He who knew best how to manage his market in the retail trade of justice could afford to purchase the good will of its functions at the highest price. To the client justice was avowedly made an object of personal solicitation; and a powerful friend, a handsome woman, or a proper present were articles of much greater value than a good cause. In England the criminal law is administered with greater impartiality so far as regards the trial itself; but the number of capital offenses, and of consequence the frequency of pardons, open a wide door to favor and abuse. In causes relating to property the practice of law is arrived at such a pitch as to render its nominal impartiality utterly nugatory. The length of our chancery suits, the multiplied appeals from court to court, the enormous fees of counsel, attorneys, secretaries, clerks, the drawing of briefs, bills, replications and rejoinders, and what has sometimes been called the "glorious uncertainy" of the law, render it frequently more advisable to resign a property than to contest it, and particularly exclude the impoverished claimant from the faintest hope of redress.

Thirdly, the inequality of conditions usually maintained by political institution is calculated greatly to enhance the imagined excellence of wealth. In the ancient monarchies of the East, and in Turkey at the present day, an eminent station could scarcely fail to excite implicit deference. The timid inhabitant trembled before his superior; and would have thought it little less than blasphemy to touch the veil drawn by the proud satrap over his inglorious origin. The same principles were extensively prevalent under the feudal system. The vassal, who was regarded as a sort of live stock upon the estate, and knew no appeal from the arbitrary fiat of his lord, would scarcely venture to suspect that he was of the same species. This however constituted an unnatural and violent situation. There is a propensity in man to look further than the outside; and to come with a writ of inquiry into the title of the upstart and the successful. By the operation of these causes the insolence of wealth has been in some degree moderated. Meantime it cannot be pretended that even among ourselves the inequality is not strained so as to give birth to very unfortunate consequences. If, in the enormous degree in which it prevails in some parts of the world, it wholly debilitate and emasculate the human race, we shall feel some reason to believe that, even in the milder state in which we are accustomed to behold it, it is still pregnant with the most mischievous effects.