The Spirit Of Laws Part 12

The clergy not being able to protect religion, nor to be protected by it, only seek to persuade; their pens therefore furnish us with excellent works in proof of a revelation and of the providence of the Supreme Being.

Yet the state prevents the sitting of their a.s.semblies, and does not suffer them to correct their own abuses; it chooses thus, through a caprice of liberty, rather to leave their reformation imperfect than to suffer the clergy to be the reformers.

Those dignities which make a fundamental part of the const.i.tution are more fixed than elsewhere; but, on the other hand, the great in this country of liberty are nearer upon a level with the people; their ranks are more separated, and their persons more confounded.

As those who govern have a power which, in some measure, has need of fresh vigor every day, they have a greater regard for such as are useful to them than for those who only contribute to their amus.e.m.e.nt: we see, therefore, fewer courtiers, flatterers, and parasites; in short, fewer of all those who make their own advantage of the folly of the great.

Men are less esteemed for frivolous talents and attainments than for essential qualities; and of this kind there are but two, riches and personal merit.

They enjoy a solid luxury, founded, not on the refinements of vanity, but on that of real wants; they ask nothing of nature but what nature can bestow.

The rich enjoy a great superfluity of fortune, and yet have no relish for frivolous amus.e.m.e.nts; thus, many having more wealth than opportunities of expense, employ it in a fantastic manner: in this nation they have more judgment than taste.

As they are always employed about their own interest, they have not that politeness which is founded on indolence; and they really have not leisure to attain it.

The era of Roman politeness is the same as that of the establishment of arbitrary power. An absolute government produces indolence, and this gives birth to politeness.

The more people there are in a nation who require circ.u.mspect behavior, and care not to displease, the more there is of politeness. But it is rather the politeness of morals than that of manners which ought to distinguish us from barbarous nations.

In a country where every man has, in some sort, a share in the administration of the government, the women ought scarcely to live with the men. They are therefore modest, that is, timid; and this timidity const.i.tutes their virtue: whilst the men without a taste for gallantry plunge themselves into a debauchery, which leaves them at leisure, and in the enjoyment of their full liberty.

Their laws not being made for one individual more than another, each considers himself a monarch; and, indeed, the men of this nation are rather confederates than fellow-subjects.

As the climate has given many persons a restless spirit and extended views, in a country where the const.i.tution gives every man a share in its government and political interests, conversation generally turns upon politics: and we see men spend their lives in the calculation of events which, considering the nature of things and caprices of fortune, or rather of men, can scarcely be thought subject to the rules of calculation.

In a free nation it is very often a matter of indifference whether individuals reason well or ill; it is sufficient that they do reason: hence springs that liberty which is a security from the effects of these reasonings.

But in a despotic government, it is equally pernicious whether they reason well or ill; their reasoning is alone sufficient to shock the principle of that government.

Many people who have no desire of pleasing abandon themselves to their own particular humor; and most of those who have wit and ingenuity are ingenious in tormenting themselves: filled with contempt or disgust for all things, they are unhappy amidst all the blessings that can possibly contribute to promote their felicity.

As no subject fears another, the whole nation is proud: for the pride of kings is founded only on their independence.

Free nations are haughty; others may more properly be called vain.

But as these men who are naturally so proud live much by themselves, they are commonly bashful when they appear among strangers; and we frequently see them behave for a considerable time with an odd mixture of pride and ill-placed shame.

The character of the nation is more particularly discovered in their literary performances, in which we find the men of thought and deep meditation.

As society gives us a sense of the ridicule of mankind, retirement renders us more fit to reflect on the folly of vice. Their satirical writings are sharp and severe, and we find amongst them many Juvenals, without discovering one Horace.

In monarchies extremely absolute, historians betray the truth, because they are not at liberty to speak it; in states remarkably free, they betray the truth, because of their liberty itself; which always produces divisions, everyone becoming as great a slave to the prejudices of his faction as he could be in a despotic state.

Their poets have more frequently an original rudeness of invention than that particular kind of delicacy which springs from taste; we there find something which approaches nearer to the bold strength of a Michael Angelo than to the softer graces of a Raphael.

1 They cut out the tongues of the advocates, and cried, "Viper, don't hiss."-Tacitus.

2 Agathias, lib. IV.

3 Justin, lib. x.x.xVIII.

4 "Calumnias litium."-Justin, lib. x.x.xVIII.

5 "Prompti aditus, nova comitas, ignotae Parthis virtutes, nova vitia."-Tacitus.

6 He has described this interview, which happened in 1596, in the "Collection of Voyages for the establishment of an India Company," vol. iii. part I. p. 33.

7 Book LIV. 532.

8 Fable of the Bees.

9 The people who follow the khan of Malacamber, those of Carnataca and Coromandel, are proud and indolent; they consume little, because they are miserably poor; while the subjects of the Mogul and the people of Hindostan employ themselves, and enjoy the conveniences of life, like the Europeans.-"Collection of Voyages for the Establishment of an India Company," vol. i. p. 54.

10 See Dampier, vol. iii.

11 "Edifying Letters," 12th collect. p. 80.

12 By the nature of the soil and climate.

13 Lib. XLIII.

14 Du Halde, vol. ii.

15 Du Halde.

16 Moses made the same code for laws and religion. The old Romans confounded the ancient customs with the laws.

17 See Du Halde.

18 See the cla.s.sic books from which Father Du Halde gives us some excellent extracts.

19 It is this which has established emulation, which has banished laziness, and cultivated a love of learning.

20 See the reasons given by the Chinese magistrates in their decrees for proscribing the Christian religion. "Edifying Letters," 17th collect.

21 See book IV. chap. iii., and book XIX. chap. xii.

22 See book XXIV. chap. iii.

23 Lange's Journal in 1721 and 1722, in "Voyages to the North," vol. viii. p. 363.

24 Plutarch, "Life of Solon." 9.

25 "Of Laws," lib. XII.

26 Ibid. XII.

27 "In simplum."

28 Livy, lib. x.x.xVIII.

29 "Inst.i.tut." lib. t.i.t. 2, 6 sec. 2. Ozel's compilation at Leyden, in 1658.

30 "Inst.i.tut." lib. II., "de pupil. subst.i.t." sec. 3.

31 The form of the vulgar subst.i.tution ran thus: "If such a one is unwilling to take the inheritance, I subst.i.tute in his stead," etc., the pupillary subst.i.tution, "If such a one dies before he arrives at the age of p.u.b.erty, I subst.i.tute," etc.

32 Lib. III. t.i.t. 5, sec. 5.

33 Leg. 8 cod. "de Repudiis."

34 And the law of the Twelve Tables. See Cicero's 2d "Philippic."

35 "Si verberibus qua ingenuis aliena sunt, afficientem probaverit."

36 In Nov. 117, cap. xiv.

37 Chap. vi.

Book XX

Of Laws in Relation to Commerce Considered in its Nature and Distinctions 1.-Of Commerce THE following subjects deserve to be treated in a more extensive manner than the nature of this work will permit.1 Fain would I glide down a gentle river, but I am carried away by a torrent.

Commerce is a cure for the most destructive prejudices; for it is almost a general rule, that wherever we find agreeable manners, there commerce flourishes; and that wherever there is commerce, there we meet with agreeable manners.

Let us not be astonished, then, if our manners are now less savage than formerly. Commerce has everywhere diffused a knowledge of the manners of all nations: these are compared one with another, and from this comparison arise the greatest advantages.

Commercial laws, it may be said, improve manners for the same reason that they destroy them. They corrupt the purest morals.2 This was the subject of Plato's complaints; and we every day see that they polish and refine the most barbarous.

2.-Of the Spirit of Commerce Peace is the natural effect of trade. Two nations who traffic with each other become reciprocally dependent; for if one has an interest in buying, the other has an interest in selling; and thus their union is founded on their mutual necessities.

But if the spirit of commerce unites nations, it does not in the same manner unite individuals. We see that in countries3 where the people move only by the spirit of commerce, they make a traffic of all the humane, all the moral virtues; the most trifling things, those which humanity would demand, are there done, or there given, only for money.

The spirit of trade produces in the mind of a man a certain sense of exact justice, opposite, on the one hand, to robbery, and on the other to those moral virtues which forbid our always adhering rigidly to the rules of private interest, and suffer us to neglect this for the advantage of others.

The total privation of trade, on the contrary, produces robbery, which Aristotle ranks in the number of means of acquiring; yet it is not at all inconsistent with certain moral virtues. Hospitality, for instance, is most rare in trading countries, while it is found in the most admirable perfection among nations of vagabonds.

It is a sacrilege, says Tacitus, for a German to shut his door against any man whomsoever, whether known or unknown. He who has behaved with hospitality to a stranger goes to show him another house where this hospitality is also practised; and he is there received with the same humanity.4 But when the Germans had founded kingdoms, hospitality had become burdensome. This appears by two laws of the code of the Burgundians;5 one of which inflicted a penalty on every barbarian who presumed to show a stranger the house of a Roman; and the other decreed, that whoever received a stranger should be indemnified by the inhabitants, every one being obliged to pay his proper proportion.

3.-Of the Poverty of the People There are two sorts of poor; those who are rendered such by the severity of government: these are, indeed, incapable of performing almost any great action, because their indigence is a consequence of their slavery. Others are poor, only because they either despise or know not the conveniences of life; and these are capable of accomplis.h.i.+ng great things, because their poverty const.i.tutes a part of their liberty.

4.-Of Commerce in different Governments Trade has some relation to forms of government. In a monarchy, it is generally founded on luxury; and though it be also founded on real wants, yet the princ.i.p.al view with which it is carried on is to procure everything that can contribute to the pride, the pleasure, and the capricious whims of the nation. In republics, it is commonly founded on economy. Their merchants, having an eye to all the nations of the earth, bring from one what is wanted by another. It is thus that the republics of Tyre, Carthage, Athens, Ma.r.s.eilles, Florence, Venice, and Holland engaged in commerce.

This kind of traffic has a natural relation to a republican government: to monarchies it is only occasional. For as it is founded on the practice of gaining little, and even less than other nations, and of remedying this by gaining incessantly, it can hardly be carried on by a people swallowed up in luxury, who spend much, and see nothing but objects of grandeur.

Cicero was of this opinion, when he so justly said, "that he did not like that the same people should be at once both the lords and factors of the whole earth."6 For this would, indeed, be to suppose that every individual in the state, and the whole state collectively, had their heads constantly filled with grand views, and at the same time with small ones; which is a contradiction.

Not but that the most n.o.ble enterprises are completed also in those states which subsist by economical commerce: they have even an intrepidity not to be found in monarchies. And the reason is this: One branch of commerce leads to another, the small to the moderate, the moderate to the great; thus he who has gratified his desire of gaining a little raises himself to a situation in which he is not less desirous of gaining a great deal.

Besides, the grand enterprises of merchants are always necessarily connected with the affairs of the public. But, in monarchies, these public affairs give as much distrust to the merchants as in free states they appear to give safety. Great enterprises, therefore, in commerce are not for monarchical, but for republican, governments.

In short, an opinion of greater certainty, as to the possession of property in these states, makes them undertake everything. They flatter themselves with the hopes of receiving great advantages from the smiles of fortune; and thinking themselves sure of what they have already acquired, they boldly expose it in order to acquire more; risking nothing, but as the means of obtaining.

I do not pretend to say that any monarchy is entirely excluded from an economical commerce; but of its own nature it has less tendency towards it: neither do I mean that the republics with which we are acquainted are absolutely deprived of the commerce of luxury; but it is less connected with their const.i.tution.

With regard to a despotic state, there is no occasion to mention it. A general rule: A nation in slavery labors more to preserve than to acquire; a free nation, more to acquire than to preserve.

5.-Of Nations that have entered into an economical Commerce Ma.r.s.eilles, a necessary retreat in the midst of a tempestuous sea; Ma.r.s.eilles, a harbor which all the winds, the shelves of the sea, the disposition of the coasts, point out for a landing-place, became frequented by mariners; while the sterility of the adjacent country determined the citizens to an economical commerce.7 It was necessary that they should be laborious to supply what nature had refused; that they should be just, in order to live among barbarous nations, from whom they were to derive their prosperity; that they should be moderate, to the end that they might always taste the sweets of a tranquil government; in fine, that they should be frugal in their manners, to enable them to subsist by trade-a trade the more certain as it was less advantageous.

We everywhere see violence and oppression give birth to a commerce founded on economy, while men are constrained to take refuge in marshes, in isles, in the shallows of the sea, and even on rocks themselves. Thus it was that Tyre, Venice, and the cities of Holland were founded. Fugitives found there a place of safety. It was necessary that they should subsist; they drew, therefore, their subsistence from all parts of the world.

6.-Some Effects of an extensive Navigation It sometimes happens that a nation, when engaged in an economical commerce, having need of the merchandise of one country, which serves as a capital or stock for procuring the commodities of another, is satisfied with making very little profit, and frequently none at all, in trading with the former, in expectation of gaining greatly by the latter. Thus, when the Dutch were almost the only nation that carried on the trade from the south to the north of Europe, the French wines which they imported to the north were in some measure only a capital or stock for conducting their commerce in that part of the world.

It is a known fact that there are some kinds of merchandise in Holland which, though imported from afar, sell for very little more than they cost upon the spot. They account for it thus: a captain who has occasion to ballast his s.h.i.+p will load it with marble; if he wants wood for stowage, he will buy it; and, provided he loses nothing by the bargain, he will think himself a gainer. Thus it is that Holland has its quarries and its forests.

Further, it may happen so that not only a commerce which brings in nothing shall be useful, but even a losing trade shall be beneficial. I have heard it affirmed in Holland that the whale fishery in general does not answer the expense; but it must be observed that the persons employed in building the s.h.i.+ps, as also those who furnish the rigging and provisions, are jointly concerned in the fishery. Should they happen to lose in the voyage, they have had a profit in fitting out the vessel. This commerce, in short, is a kind of lottery, and every one is allured with the hopes of a prize. Mankind are generally fond of gaming; and even the most prudent have no aversion to it, when the disagreeable circ.u.mstances attending it, such as dissipation, anxiety, pa.s.sion, loss of time, and even of life and fortune, are concealed from their view.

7.-The Spirit of England with respect to Commerce The tariff or customs of England are very unsettled with respect to other nations; they are changed, in some measure, with every parliament, either by taking off particular duties, or by imposing new ones. They endeavor by these means still to preserve their independence. Supremely jealous with respect to trade, they bind themselves but little by treaties, and depend only on their owl laws.

Other nations have made the interests of commerce yield to those of politics; the English, on the contrary, have ever made their political interests give way to those of commerce.

They know better than any other people upon earth how to value, at the same time, these three great advantages-religion, commerce, and liberty.

8.-In what Manner economical Commerce has been sometimes restrained In several kingdoms laws have been made extremely proper to humble the states that have entered into economical commerce. They have forbidden their importing any merchandise, except the product of their respective countries; and have permitted them to traffic only in vessels built in the kingdom to which they brought their commodities.

It is necessary that the kingdom which imposes these laws should itself be able easily to engage in commerce; otherwise it will, at least, be an equal sufferer. It is much more advantageous to trade with a commercial nation, whose profits are moderate, and who are rendered in some sort dependent by the affairs of commerce; with a nation whose larger views and whose extended trade enable them to dispose of their superfluous merchandise; with a wealthy nation, who can take off many of their commodities, and make them a quicker return in specie; with a nation under a kind of necessity to be faithful, pacific from principle, and that seeks to gain, and not to conquer: it is much better, I say, to trade with such a nation than with others, their constant rivals, who will never grant such great advantages.

9.-Of the Prohibition of Commerce It is a true maxim that one nation should never exclude another from trading with it, except for very great reasons. The j.a.panese trade only with two nations, the Chinese and the Dutch. The Chinese8 gain a thousand per cent. upon sugars, and sometimes as much by the goods they take in exchange. The Dutch make nearly the same profits. Every nation that acts upon j.a.panese principles must necessarily be deceived; for it is compet.i.tion which sets a just value on merchandise, and establishes the relation between them.

Much less ought a state to lay itself under an obligation of selling its manufactures only to a single nation, under a pretence of their taking all at a certain price. The Poles, in this manner, dispose of their corn to the city of Dantzig; and several Indian princes have made a like contract for their spices with the Dutch.9 These agreements are proper only for a poor nation, whose inhabitants are satisfied to forego the hopes of enriching themselves, provided they can be secure of a certain subsistence; or for nations whose slavery consists either in renouncing the use of those things which nature has given them, or in being obliged to submit to a disadvantageous commerce.

10.-An Inst.i.tution adapted to economical Commerce In states that carry on an economical commerce, they have luckily established banks, which by their credit have formed a new species of wealth: but it would be quite wrong to introduce them into governments whose commerce is founded only on luxury. The erecting of banks in countries governed by an absolute monarch supposes money on the one side, and on the other power: that is, on the one hand, the means of procuring everything, without any power; and on the other, the power, without any means of procuring at all. In a government of this kind, none but the prince ever had, or can have, a treasure; and wherever there is one, it no sooner becomes great than it becomes the treasure of the prince.

For the same reason, all a.s.sociations of merchants, in order to carry on a particular commerce, are seldom proper in absolute governments. The design of these companies is to give to the wealth of private persons the weight of public riches. But in those governments this weight can be found only in the prince. Nay, they are not even always proper in states engaged in economical commerce; for, if the trade be not so great as to surpa.s.s the management of particular persons, it is much better to leave it open than, by exclusive privileges, to restrain the liberty of commerce.

11.-The same Subject continued A free port may be established in the dominions of states whose commerce is economical. That economy in the government which always attends the frugality of individuals is, if I may so express myself, the soul of its economical commerce. The loss it sustains with respect to customs it can repair by drawing from the wealth and industry of the republic. But in a monarchy a step of this kind must be opposite to reason; for it could have no other effect than to ease luxury of the weight of taxes. This would be depriving itself of the only advantage that luxury can procure, and of the only curb which, in a const.i.tution like this, it is capable of receiving.

12.-Of the Freedom of Commerce The freedom of commerce is not a power granted to the merchants to do what they please; this would be more properly its slavery. The constraint of the merchant is not the constraint of commerce. It is in the freest countries that the merchant finds innumerable obstacles; and he is never less crossed by laws than in a country of slaves.

England prohibits the exportation of her wool; coals must be brought by sea to the capital; no horses, except geldings, are allowed to be exported; and the vessels of her colonies trading to Europe must take in water in England.10 The English constrain the merchant, but it is in favor of commerce.