The Spirit Of Laws Part 5

Again, in proportion as people are tempted to cheat the farmer of the revenues, the more the latter is enriched, and the former impoverished. To put a stop to smuggling, the farmer must be invested with extraordinary means of oppressing, and then the country is ruined.

9.-Of a bad Kind of Impost We shall here, by the way, take notice of an impost laid in particular countries on the different articles of civil contracts. As these are things subject to very nice disquisitions, a vast deal of knowledge is necessary to make any tolerable defence against the farmer of the revenues, who interprets, in that case, the regulations of the prince, and exercises an arbitrary power over people's fortunes. Experience has demonstrated that a duty on the paper on which the deeds are drawn would be of far greater service.

10.-That the Greatness of Taxes depends on the Nature of the Government Taxes ought to be very light in despotic governments: otherwise who would be at the trouble of tilling the land? Besides, how is it possible to pay heavy duties in a government that makes no manner of return to the different contributions of the subject?

The exorbitant power of the prince, and the extreme depression of the people, require that there should not be even a possibility of the least mistake between them. The taxes ought to be so easy to collect, and so clearly settled, as to leave no opportunity for the collectors to increase or diminish them. A portion of the fruits of the earth, a capitation, a duty of so much per cent. on merchandise, are the only taxes suitable to that government.

Merchants in despotic countries ought to have a personal safeguard, to which all due respect should be paid. Without this they would be too weak to dispute with the custom-house officers.

11.-Of Confiscations With respect to confiscations, there is one thing very particular, that, contrary to the general custom, they are more severe in Europe than in Asia. In Europe not only the merchandise, but even sometimes the s.h.i.+ps and carriages, are confiscated; which is never practised in Asia. This is because in Europe the merchant can have recourse to magistrates, who are able to shelter him from oppression; in Asia the magistrates themselves would be the greatest oppressors. What remedy could a merchant have against a pasha who was determined to confiscate his goods?

The prince, therefore, checks his own power, finding himself under the necessity of acting with some kind of lenity. In Turkey they raise only a single duty for the importation of goods, and afterwards the whole country is open to the merchant. Smuggling is not attended with confiscation or increase of duty. In China7 they never look into the baggage of those who are not merchants. Defrauding the customs in the territory of the Mogul is not punished with confiscation, but with doubling the duty. The princes of Tartary, who reside in towns, impose scarcely any duty at all on the goods that pa.s.s through their country.8 In j.a.pan, it is true, to cheat the customs is a capital crime; but this is because they have particular reasons for prohibiting all communication with foreigners; hence the fraud9 is rather a contravention of the laws made for the security of the government than of those of commerce.

12.-Relation between the Weight of Taxes and Liberty It is a general rule that taxes may be heavier in proportion to the liberty of the subject, and that there is a necessity for reducing them in proportion to the increase of slavery. This has always been and always will be the case. It is a rule derived from nature that never varies. We find it in all parts,-in England, in Holland, and in every state where liberty gradually declines, till we come to Turkey. Switzerland seems to be an exception to this rule, because they pay no taxes; but the particular reason for that exemption is well known, and even confirms what I have advanced. In those barren mountains provisions are so dear, and the country is so populous, that a Swiss pays four times more to nature than a Turk does to the sultan.

A conquering people, such as were formerly the Athenians and the Romans, may rid themselves of all taxes as they reign over vanquished nations. Then, indeed, they do not pay in proportion to their liberty, because in this respect they are no longer a people, but a monarch.

But the general rule still holds good. In moderate governments there is an indemnity for the weight of the taxes, which is liberty. In despotic countries10 there is an equivalent for liberty, which is the lightness of the taxes.

In some monarchies in Europe there are11 particular provinces which from the very nature of their civil government are in a more flouris.h.i.+ng condition than the rest. It is pretended that these provinces are not sufficiently taxed, because through the goodness of their government they are able to be taxed higher; hence the ministers seem constantly to aim at depriving them of this very government whence a diffusive blessing is derived, which redounds even to the prince's advantage.

13.-In what Government Taxes are capable of Increase Taxes may be increased in most republics, because the citizen, who thinks he is paying himself, cheerfully submits to them, and moreover is generally able to bear their weight, from the nature of the government.

In a monarchy taxes may be increased, because the moderation of the government is capable of procuring opulence: it is a recompense, as it were, granted to the prince for the respect he shows to the laws. In despotic governments they cannot be increased, because there can be no increase of the extremity of slavery.

14.-That the Nature of the Taxes is in Relation to the Government A capitation is more natural to slavery; a duty on merchandise is more natural to liberty, by reason it has not so direct a relation to the person.

It is natural in a despotic government for the prince not to give money to his soldiers, or to those belonging to his court; but to distribute lands amongst them, and of course that there should be very few taxes. But if the prince gives money, the most natural tax he can raise is a capitation, which can never be considerable. For as it is impossible to make different cla.s.ses of the contributors, because of the abuses that might arise thence, considering the injustice and violence of the government, they are under an absolute necessity of regulating themselves by the rate of what even the poorest and most wretched are able to contribute.

The natural tax of moderate governments is the duty laid on merchandise. As this is really paid by the consumer, though advanced by the merchant, it is a loan which the latter has already made to the former. Hence the merchant must be considered on the one side as the general debtor of the state, and on the other as the creditor of every individual. He advances to the state the duty which the consumer will some time or other refund: and he has paid for the consumer the duty which he has advanced for the merchandise. It is, therefore, obvious that in proportion to the moderation of the government, to the prevalence of the spirit of liberty, and to the security of private fortunes, a merchant has it in his power to advance money to the state, and to pay considerable duties for individuals. In England a merchant lends really to the government fifty or sixty pounds sterling for every tun of wine he imports. Where is the merchant that would dare do any such thing in a country like Turkey? And were he so presumptuous, how could he do it with a crazy or shattered fortune?

15.-Abuse of Liberty To these great advantages of liberty it is owing that liberty itself has been abused. Because a moderate government has been productive of admirable effects, this moderation has been laid aside; because great taxes have been raised, they wanted to carry them to excess; and ungrateful to the hand of liberty, of whom they received this present, they addressed themselves to slavery, who never grants the least favor.

Liberty produces excessive taxes; the effect of excessive taxes is slavery; and slavery produces a diminution of tribute.

Most of the edicts of the eastern monarchs are to exempt every year some province of their empire from paying tribute.12 The manifestations of their wills are favors. But in Europe the edicts of princes are disagreeable even before they are seen, because they always make mention of their own wants, but not a word of ours.

From an unpardonable indolence in the ministers of those countries, owing to the nature of the government, and frequently to the climate, the people derive this advantage, that they are not incessantly plagued with new demands. The public expense does not increase, because the ministers do not form new projects: and if some by chance are formed, they are such as are soon executed. The governors of the state do not perpetually torment the people, for they do not perpetually torment themselves. But it is impossible there should be any fixed rule in our finances, since we always know that we shall have something or other to execute, without ever knowing what it is.

It is no longer customary with us to give the appellation of a great minister to a wise dispenser of the public revenues, but to a person of dexterity and cunning, who is clever at finding out what we call the ways and means.

16.-Of the Conquests of the Mahommedans It was this excess of taxes13 that occasioned the prodigious facility with which the Mahommedans carried on their conquests. Instead of a continual series of extortions devised by the subtle avarice of the Greek emperors, the people were subjected to a simple tribute which was paid and collected with ease. Thus they were far happier in obeying a barbarous nation than a corrupt government, in which they suffered every inconvenience of lost liberty, with all the horror of present slavery.

17.-Of the Augmentation of Troops A new distemper has spread itself over Europe, infecting our princes, and inducing them to keep up an exorbitant number of troops. It has its redoublings, and of necessity becomes contagious. For as soon as one prince augments his forces, the rest, of course, do the same; so that nothing is gained thereby but the public ruin. Each monarch keeps as many armies on foot as if his people were in danger of being exterminated: and they give the name of peace14 to this general effort of all against all. Thus is Europe ruined to such a degree that were private people to be in the same situation as the three most opulent powers of this part of the globe, they would not have necessary subsistence. We are poor with the riches and commerce of the whole world; and soon, by thus augmenting our troops, we shall be all soldiers, and be reduced to the very same situation as the Tartars.15 Great princes, not satisfied with hiring or buying troops of petty states, make it their business on all sides to pay subsidies for alliances, that is, generally to throw away their money.

The consequence of such a situation is the perpetual augmentation of taxes; and the mischief which prevents all future remedy is, that they reckon no more upon their revenues, but in waging war against their whole capital. It is no unusual thing to see governments mortgage their funds even in time of peace, and to employ what they call extraordinary means to ruin themselves-means so extraordinary, indeed, that such are hardly thought of by the most extravagant young spendthrift.

18.-Of an Exemption from Taxes The maxim of the great eastern empires, of exempting such provinces as have very much suffered from taxes, ought to be extended to monarchical states. There are some, indeed, where this practice is established; yet the country is more oppressed than if no such rule took place; because as the prince levies still neither more nor less, the state becomes bound for the whole. In order to ease a village that pays badly, they load another that pays better; the former is not relieved, and the latter is ruined. The people grow desperate between the necessity of paying for fear of exactions, and the danger of paying for fear of new burdens.

A well-regulated government ought to set aside, for the first article of its expense, a determinate sum to answer contingent cases. It is with the public as with individuals, who are ruined when they live up exactly to their income.

With regard to an obligation for the whole amongst the inhabitants of the same village, some pretend16 that it is but reasonable, because there is a possibility of a fraudulent combination on their side: but was it ever heard that, upon mere supposition, we are to establish a thing in itself unjust and ruinous to the state?

19.-Which is more suitable to the Prince and to the People, the farming the Revenues, or managing them by Commission The managing of the revenues by commission is like the conduct of a good father of a family, who collects his own rents himself with economy and order.

By this management of the revenues the prince is at liberty to press or to r.e.t.a.r.d the levy of the taxes, either according to his own wants or to those of his people. By this he saves to the state the immense profits of the farmers, who impoverish it in a thousand ways. By this he prevents the people from being mortified with the sight of sudden fortunes. By this the public money pa.s.ses through few hands, goes directly to the treasury, and consequently makes a quicker return to the people. By this the prince avoids an infinite number of bad laws extorted from him by the importunate avarice of the farmers, who pretend to offer a present advantage for regulations pernicious to posterity.

As the moneyed man is always the most powerful, the farmer renders himself arbitrary even over the prince himself; he is not the legislator, but he obliges the legislator to give laws.

I acknowledge that it is sometimes of use to farm out a new duty, for there is an art in preventing frauds, which motives of interest suggest to the farmers, but commissioners never think of. Now the manner of levying it being once established by the farmer, it may afterwards be safely intrusted to a commission. In England the management of the Excise and of the Post-office was borrowed from that of the farmers of the revenue.

In republics the revenues of the state are generally managed by commission. The contrary practice was a great defect in the Roman government.17 In despotic governments the people are infinitely happier where this management is established-witness Persia and China.18 The unhappiest of all are those where the prince farms out his sea-ports and trading cities. The history of monarchies abounds with mischiefs done by the farmers of the revenue.

Incensed at the oppressive extortions of the publicans, Nero formed a magnanimous but impracticable scheme of abolis.h.i.+ng all kinds of imposts. He did not think of managing the revenues by commissioners, but he made four edicts:19 that the laws enacted against publicans, which had hitherto been kept secret, should be promulgated; that they should exact no claims for above a year backward; that there should be a pretor established to determine their pretensions without any formality; and that the merchants should pay no duty for their vessels. These were the halcyon days of that emperor.

20.-Of the Farmers of the Revenues When the lucrative profession of a farmer of the revenue becomes likewise a post of honor, the state is ruined. It may do well enough in despotic governments, where this employment is oftentimes exercised by the governors themselves. But it is by no means proper in a republic, since a custom of the like nature destroyed that of Rome. Nor is it better in monarchies, nothing being more opposite to the spirit of this government. All the other orders of the state are dissatisfied; honor loses its whole value; the gradual and natural means of distinction are no longer respected; and the very principle of the government is subverted.

It is true, indeed, that scandalous fortunes were raised in former times; but this was one of the calamities of the Fifty Years' War. These riches were then considered as ridiculous; now we admire them.

Every profession has its particular lot. That of the tax-gatherers is wealth; and wealth is its own reward. Glory and honor fall to the share of that n.o.bility who are sensible of no other happiness. Respect and esteem are for those ministers and magistrates whose whole life is a continued series of labor, and who watch day and night over the welfare of the empire.

1 Plutarch.

2 This is what induced Charlemagne to make his excellent inst.i.tution upon this head. See the fifth book of the. "Capitularies," art. 303.

3 This is the practice in Germany 4 Pollux, book VIII. chap. x. art. 130.

5 Or 60 minae.

6 "Vectigal quintae et vicesimae venalium mancipiorum remissum specie magis, quam vi, quia c.u.m venditor pendere juberetur, in partem pretii emptoribus accrescebat."-Tacit. "Annal." lib. XIII.

7 Father Du Halde, tom. ii. p. 37.

8 "History of the Tartars," part III. P. 290.

9 Being willing to trade with foreigners without having any communication with them, they have pitched upon two nations for that purpose-the Dutch for the commerce of Europe, and the Chinese for that of Asia; they confine the factors and sailors in a kind of prison, and lay such a restraint upon them as tires their patience.

10 In Russia the taxes are but small; they have been increased since the despotic power of the prince is exercised with more moderation. See the "History of the Tartars," part II.

11 The pays d'etats, where the states of the province a.s.semble to deliberate on public affairs.

12 This is the practice of the emperors of China. The author speaks here of annual exemptions, and not perpetual.-Ed.

13 See in history the greatness, the oddity, and even the folly of those taxes. Anastasius invented a tax for breathing, "ut quisque pro haustu aeris penderet."

14 True it is that this state of effort is the chief support of the balance, because it checks the great powers.

15 All that is wanting for this is to improve the new invention of the militia established in most parts of Europe, and carry it to the same excess as they do the regular troops.

16 See a treatise on the "Roman Finances," chap. ii. Printed at Paris by Bria.s.son, 1740.

17 Caesar was obliged to remove the publicans from the province of Asia, and to establish there another kind of regulation, as we learn from Dio; and Tacitus informs us that Macedonia and Achaia, provinces left by Augustus to the people of Rome, and consequently governed pursuant to the ancient plan, obtained to be of the number of those which the emperor governed by his officers.

18 See Sir John Chardin's "Travels through Persia," tom. vi.

19 Tacitus, "Annal." XIII.

Book XIV

Of Laws in Relation to the Nature of the Climate 1.-General Idea IF it be true that the temper of the mind and the pa.s.sions of the heart are extremely different in different climates, the laws ought to be in relation both to the variety of those pa.s.sions and to the variety of those tempers.

2.-Of the Difference of Men in different Climates Cold air constringes the extremities of the external fibres of the body;1 his increases their elasticity, and favors the return of the blood from the extreme parts to the heart. It contracts2 those very fibres; consequently it increases also their force. On the contrary, warm air relaxes and lengthens the extremes of the fibres; of course it diminishes their force and elasticity.

People are, therefore, more vigorous in cold climates. Here the action of the heart and the reaction of the extremities of the fibres are better performed, the temperature of the humors is greater, the blood moves more freely towards the heart, and reciprocally the heart has more power. This superiority of strength must produce various effects; for instance, a greater boldness, that is, more courage; a greater sense of superiority, that is, less desire of revenge; a greater opinion of security, that is, more frankness, less suspicion, policy, and cunning. In short, this must be productive of very different tempers. Put a man into a close, warm place, and for the reasons above given he will feel a great faintness. If under this circ.u.mstance you propose a bold enterprise to him, I believe you will find him very little disposed towards it; his present weakness will throw him into despondency; he will be afraid of everything, being in a state of total incapacity. The inhabitants of warm countries are, like old men, timorous; the people in cold countries are, like young men, brave. If we reflect on the late wars,3 which are more recent in our memory, and in which we can better distinguish some particular effects that escape us at a greater distance of time, we shall find that the northern people, transplanted into southern regions,4 did not perform such exploits as their countrymen, who, fighting in their own climate, possessed their full vigor and courage.

This strength of the fibres in northern nations is the cause that the coa.r.s.er juices are extracted from their ailments. Hence two things result: one, that the parts of the chyle or lymph are more proper, by reason of their large surface, to be applied to and to nourish the fibres; the other, that they are less proper, from their coa.r.s.eness, to give a certain subtility to the nervous juice. Those people have, therefore, large bodies and but little vivacity.

The nerves that terminate from all parts in the cutis form each a nervous bundle; generally speaking, the whole nerve is not moved, but a very minute part. In warm climates, where the cutis is relaxed, the ends of the nerves are expanded and laid open to the weakest action of the smallest objects. In cold countries the cutis is constringed and the papillae compressed: the military glands are in some measure paralytic; and the sensation does not reach the brain, except when it is very strong and proceeds from the whole nerve at once. Now, imagination, taste, sensibility, and vivacity depend on an infinite number of small sensations.

I have observed the outermost part of a sheep's tongue, where, to the naked eye, it seems covered with papillae. On these papillae I have discerned through a microscope small hairs, or a kind of down; between the papillae were pyramids shaped towards the ends like pincers. Very likely these pyramids are the princ.i.p.al organ of taste.

I caused the half of this tongue to be frozen, and observing it with the naked eye I found the papillae considerably diminished: even some rows of them were sunk into their sheath. The outermost part I examined with the microscope, and perceived no pyramids. In proportion as the frost went off, the papillae seemed to the naked eye to rise, and with the microscope the military glands began to appear.

This observation confirms what I have been saying, that in cold countries the nervous glands are less expanded: they sink deeper into their sheaths, or they are sheltered from the action of external objects; consequently they have not such lively sensations.

In cold countries they have very little sensibility for pleasure; in temperate countries, they have more; in warm countries, their sensibility is exquisite. As climates are distinguished by degrees of lat.i.tude, we might distinguish them also in some measure by those of sensibility. I have been at the opera in England and in Italy, where I have seen the same pieces and the same performers; and yet the same music produces such different effects on the two nations: one is so cold and phlegmatic, and the other so lively and enraptured, that it seems almost inconceivable.

It is the same with regard to pain, which is excited by the laceration of some fibre of the body. The Author of nature has made it an established rule that this pain should be more acute in proportion as the laceration is greater: now it is evident that the large bodies and coa.r.s.e fibres of the people of the North are less capable of laceration than the delicate fibres of the inhabitants of warm countries; consequently the soul is there less sensible of pain. You must flay a Muscovite alive to make him feel.

From this delicacy of organs peculiar to warm climates it follows that the soul is most sensibly moved by whatever relates to the union of the two s.e.xes: here everything leads to this object.

In northern climates scarcely has the animal part of love a power of making itself felt. In temperate climates, love, attended by a thousand appendages, endeavors to please by things that have at first the appearance, though not the reality, of this pa.s.sion. In warmer climates it is liked for its own sake, it is the only cause of happiness, it is life itself.

In southern countries a machine of a delicate frame but strong sensibility resigns itself either to a love which rises and is incessantly laid in a seraglio, or to a pa.s.sion which leaves women in a greater independence, and is consequently exposed to a thousand inquietudes. In northern regions a machine robust and heavy finds pleasure in whatever is apt to throw the spirits into motion, such as hunting, travelling, war, and wine. If we travel towards the North, we meet with people who have few vices, many virtues, and a great share of frankness and sincerity. If we draw near the South, we fancy ourselves entirely removed from the verge of morality; here the strongest pa.s.sions are productive of all manner of crimes, each man endeavoring, let the means be what they will, to indulge his inordinate desires. In temperate climates we find the inhabitants inconstant in their manners, as well as in their vices and virtues: the climate has not a quality determinate enough to fix them.

The heat of the climate may be so excessive as to deprive the body of all vigor and strength. Then the faintness is communicated to the mind; there is no curiosity, no enterprise, no generosity of sentiment; the inclinations are all pa.s.sive; indolence const.i.tutes the utmost happiness; scarcely any punishment is so severe as mental employment; and slavery is more supportable than the force and vigor of mind necessary for human conduct.

3.-Contradiction in the Tempers of some Southern Nations The Indians5 are naturally a pusillanimous people; even the children6 of Europeans born in India lose the courage peculiar to their own climate. But how shall we reconcile this with their customs and penances so full of barbarity? The men voluntarily undergo the greatest hards.h.i.+ps, and the women burn themselves: here we find a very odd compound of fort.i.tude and weakness.

Nature, having framed those people of a texture so weak as to fill them with timidity, has formed them at the same time of an imagination so lively that every object makes the strongest impression upon them. That delicacy of organs which renders them apprehensive of death contributes likewise to make them dread a thousand things more than death: the very same sensibility induces them to fly and dare all dangers.

As a good education is more necessary to children than to such as have arrived at maturity of understanding, so the inhabitants of those countries have much greater need than the European nations of a wiser legislator. The greater their sensibility, the more it behooves them to receive proper impressions, to imbibe no prejudices, and to let themselves be directed by reason.

At the time of the Romans the inhabitants of the north of Europe were dest.i.tute of arts, education, and almost of laws; and yet the good sense annexed to the gross fibres of those climates enabled them to make an admirable stand against the power of Rome, till the memorable period in which they quitted their woods to subvert that great empire.

4.-Cause of the Immutability of Religion, Manners, Customs, and Laws in the Eastern Countries If to that delicacy of organs which renders the eastern nations so susceptible of every impression you add likewise a sort of indolence of mind, naturally connected with that of the body, by means of which they grow incapable of any exertion or effort, it is easy to comprehend that when once the soul has received an impression it cannot change it. This is the reason that the laws, manners, and customs,7 even those which seem quite indifferent, such as their mode of dress, are the same to this very day in eastern countries as they were a thousand years ago.

5.-That those are bad Legislators who favor the Vices of the Climate, and good Legislators who oppose those Vices The Indians believe that repose and non-existence are the foundation of all things, and the end in which they terminate. Hence they consider entire inaction as the most perfect of all states, and the object of their desires. To the Supreme Being they give the t.i.tle of immovable.8 The inhabitants of Siam believe that their utmost happiness9 consists in not being obliged to animate a machine or to give motion to a body.

In those countries where the excess of heat enervates and exhausts the body, rest is so delicious, and motion so painful, that this system of metaphysics seems natural; and Foe,10 the legislator of the Indies, was directed by his own sensations when he placed mankind in a state extremely pa.s.sive; but his doctrine arising from the laziness of the climate favored it also in its turn; which has been the source of an infinite deal of mischief.

The legislators of China were more rational when, considering men not in the peaceful state which they are to enjoy hereafter, but in the situation proper for discharging the several duties of life, they made their religion, philosophy, and laws all practical. The more the physical causes incline mankind to inaction, the more the moral causes should estrange them from it.

6.-Of Agriculture in warm Climates Agriculture is the princ.i.p.al labor of man. The more the climate inclines him to shun this labor, the more the religion and laws of the country ought to incite him to it. Thus the Indian laws, which give the lands to the prince, and destroy the spirit of property among the subjects, increase the bad effects of the climate, that is, their natural indolence.

7.-Of Monkery The very same mischiefs result from monkery: it had its rise in the warm countries of the East, where they are less inclined to action than to speculation.

In Asia the number of dervishes or monks seems to increase together with the warmth of the climate. The Indies, where the heat is excessive, are full of them; and the same difference is found in Europe.

In order to surmount the laziness of the climate, the laws ought to endeavor to remove all means of subsisting without labor: but in the southern parts of Europe they act quite the reverse. To those who want to live in a state of indolence, they afford retreats the most proper for a speculative life, and endow them with immense revenues. These men who live in the midst of plenty which they know not how to enjoy, are in the right to give their superfluities away to the common people. The poor are bereft of property; and these men indemnify them by supporting them in idleness, so as to make them even grow fond of their misery.

8.-An excellent Custom of China The historical relations11 of China mention a ceremony12 of opening the ground which the emperor performs every year. The design of this public and solemn act is to excite the people to tillage.13 Further, the emperor is every year informed of the husbandman who has distinguished himself most in his profession; and he makes him a mandarin of the eighth order.

Among the ancient Persians14 the kings quitted their grandeur and pomp on the eighth day of the month, called Chorrem-ruz, to eat with the husbandmen. These inst.i.tutions were admirably calculated for the encouragement of agriculture.

9.-Means of encouraging Industry We shall show, in the nineteenth book, that lazy nations are generally proud. Now the effect might well be turned against the cause, and laziness be destroyed by pride. In the south of Europe, where people have such a high notion of the point of honor, it would be right to give prizes to husbandmen who had excelled in agriculture; or to artists who had made the greatest improvements in their several professions. This practice has succeeded in our days in Ireland, where it has established one of the most considerable linen manufactures in Europe.

10.-Of the Laws in relation to the Sobriety of the People In warm countries the aqueous part of the blood loses itself greatly by perspiration;15 it must, therefore, be supplied by a like liquid. Water is there of admirable use; strong liquors would congeal the globules16 of blood that remain after the transuding of the aqueous humor.

In cold countries the aqueous part of the blood is very little evacuated by perspiration. They may, therefore, make use of spirituous liquors, without which the blood would congeal. They are full of humors; consequently strong liquors, which give a motion to the blood, are proper for those countries.

The law of Mahomet, which prohibits the drinking of wine, is, therefore, fitted to the climate of Arabia: and, indeed, before Mahomet's time, water was the common drink of the Arabs. The law17 which forbade the Carthaginians to drink wine was a law of the climate; and, indeed, the climate of those two countries is pretty nearly the same.

Such a law would be improper for cold countries, where the climate seems to force them to a kind of national intemperance, very different from personal ebriety. Drunkenness predominates throughout the world, in proportion to the coldness and humidity of the climate. Go from the equator to the north pole, and you will find this vice increasing together with the degree of lat.i.tude. Go from the equator again to the south pole, and you will find the same vice travelling south,18 exactly in the same proportion.

It is very natural that where wine is contrary to the climate, and consequently to health, the excess of it should be more severely punished than in countries where intoxication produces very few bad effects to the person, fewer to the society, and where it does not make people frantic and wild, but only stupid and heavy. Hence those laws19 which inflicted a double punishment for crimes committed in drunkenness were applicable only to a personal, and not to a national, ebriety. A German drinks through custom, and a Spaniard by choice.

In warm countries the relaxing of the fibres produces a great evacuation of the liquids, but the solid parts are less transpired. The fibres, which act but faintly, and have very little elasticity, are not much impaired; and a small quant.i.ty of nutritious juice is sufficient to repair them; for which reason they eat very little.

It is the variety of wants in different climates that first occasioned a difference in the manner of living, and this gave rise to a variety of laws. Where people are very communicative there must be particular laws, and others where there is but little communication.

11.-Of the Laws in relation to the Distempers of the Climate Herodotus20 informs us that the Jewish laws concerning the leprosy were borrowed from the practice of the Egyptians. And, indeed, the same distemper required the same remedies. The Greeks and the primitive Romans were strangers to these laws, as well as to the disease. The climate of Egypt and Palestine rendered them necessary; and the facility with which this disease is spread is sufficient to make us sensible of the wisdom and sagacity of those laws.

Even we ourselves have felt the effects of them. The Crusades brought the leprosy amongst us; but the wise regulations made at that time hindered it from infecting the ma.s.s of the people.

We find by the law of the Lombardse21 that this disease was spread in Italy before the Crusades, and merited the attention of the legislature. Rotharis ordained that a leper should be expelled from his house, banished to a particular place, and rendered incapable of disposing of his property; because from the very moment he had been turned out of his house he was reckoned dead in the eye of the law. In order to prevent all communication with lepers, they were rendered incapable of civil acts.

I am apt to think that this disease was brought into Italy by the conquests of the Greek emperors, in whose armies there might be some soldiers from Palestine or Egypt. Be that as it may, the progress of it was stopped till the time of the Crusades.

It is related that Pompey's soldiers returning from Syria brought a distemper home with them not unlike the leprosy. We have no account of any regulation made at that time; but it is highly probable that some such step was taken, since the distemper was checked till the time of the Lombards.