It being their custom to speak always as masters, the amba.s.sadors whom they sent to nations which had not yet felt their power were certain to be insulted; and this was an infallible pretext for a new war.

As they never made peace in good faith, and as, with the design of universal conquest, their treaties were, properly speaking, only suspensions of war, they always put conditions in them which began the ruin of the states which accepted them. They either provided that the garrisons of strong places should be withdrawn, or that the number of troops should be limited, or that the horses or the elephants of the vanquished party should be delivered over to themselves; and if the defeated people was powerful on sea, they compelled it to burn its vessels, and sometimes to remove, and occupy a place of habitation farther inland.

After having destroyed the armies of a prince, they ruined his finances by excessive taxes, or by the imposition of a tribute under pretext of requiring him to pay the expenses of the war,--a new species of tyranny, which forced the vanquished sovereign to oppress his own subjects, and thus to alienate their affection.

When they granted peace to a king, they took some of his brothers or children as hostages. This gave them the means of troubling his kingdom at their pleasure. If they held the nearest heir, they intimidated the possessor; if only a prince of a remote degree, they used him to stir up revolts against the legitimate ruler.

Whenever any people or prince withdrew their obedience from their sovereign, they immediately accorded to them the t.i.tle of allies of the Roman people, and thus rendered them sacred and inviolable; so that there was no king, however great he might be, who could for a moment be sure of his subjects, or even of his family.

Although the t.i.tle of Roman ally was a species of servitude, it was, nevertheless, very much sought after; for the possession of this t.i.tle made it certain that the recipients of it would receive injuries from the Romans only, and there was ground for the hope that this cla.s.s of injuries would be rendered less grievous than they would otherwise be.

Thus, there was no service which nations and kings were not ready to perform, nor any humiliation which they did not submit to, in order to obtain this distinction....

These customs were not merely some particular facts which happened at hazard. They were permanently established principles, as may be readily seen; for the maxims which the Romans acted upon against the greatest powers were precisely those which they had employed in the beginning of their career against the small cities which surrounded them....

But nothing served Rome more effectually than the respect which she inspired among all nations. She immediately reduced kings to silence, and rendered them as dumb. With the latter, it was not a mere question of the degree of their power: their very persons were attacked. To risk a war with Rome was to expose themselves to captivity, to death, and to the infamy of a triumph. Thus it was that kings, who lived in pomp and luxury, did not dare to look with steady eyes upon the Roman people, and, losing courage, they hoped, by their patience and their obsequiousness, to obtain some postponement of the calamities with which they were menaced.

The "Spirit of Laws" is probably to be considered the masterpiece of Montesquieu. It is our duty, however, to say, that this work is quite differently estimated by different authorities. By some, it is praised in terms of the highest admiration, as a great achievement in wide and wise political or juridical philosophy. By others, it is dismissed very lightly, as the ambitious, or, rather, pretentious, effort of a superficial man, a showy mere sciolist. It acquired great contemporary fame, both at home and abroad. It was promptly translated into English, the translator earning the merited compliment of the author"s own hearty approval of his work. Horace Walpole, who was something of a Gallomaniac, makes repeated allusion to Montesquieu"s "Spirit of Laws,"

in letters of his written at about the time of the appearance of the book. But Walpole"s admiring allusions themselves contain evidence that admiration equal to his own of the work that he praised, was by no means universal in England.

The general aspect of the book is that of a composition meant to be luminously a.n.a.lyzed and arranged. Divisions and t.i.tles abound. There are thirty-one "books"; and each book contains, on the average, perhaps about the same number of chapters. The library edition, in English, consists of two volumes, comprising together some eight hundred open pages, in good-sized type. The books and chapters are therefore not formidably long. The look of the work is as if it were readable; and its character, on the whole, corresponds. It would hardly be French, if such were not the case. Except that Montesquieu"s "Spirit of Laws" is, as we have indicated, a highly organized, even an over-organized, book, which, by emphasis, Montaigne"s "Essays" is not, these two works may be said, in their contents, somewhat to resemble each other. Montesquieu is nearly as discursive as Montaigne. He wishes to be philosophical, but he is not above supplying his reader with interesting historical instances.

We shall not do better, in giving our readers a comprehensive idea of Montesquieu"s "Spirit of Laws," than to begin by showing them the t.i.tles of a number of the books:--

Book I. Of Laws in General. Book II. Of Laws Directly Derived from the Nature of Government. Book III. Of the Principles of the Three Kinds of Government. Book IV. That the Laws of Education ought to be Relative to the Principles of Government. Book V. That the Laws given by the Legislator ought to be Relative to the Principle of Government. Book VI. Consequences of the Principles of Different Governments with Respect to the Simplicity of Civil and Criminal Laws, the Form of Judgments, and the Inflicting of Punishments.

Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women. Book VIII. Of the Corruption of the Principles of the Three Governments. Book XIV. Of Laws as Relative to the Nature of the Climate.

The philosophical aim and ambition of the author at once appear in the inquiry which he inst.i.tutes for the three several animating _principles_ of the three several forms of government respectively distinguished by him; namely, democracy (or republicanism), monarchy, and despotism. What these three principles are, will be seen from the following statement: "As _virtue_ is necessary in a republic, and in monarchy, _honor_, so _fear_ is necessary in a despotic government." The meaning is, that in republics, virtue possessed by the citizens is the spring of national prosperity; that under a monarchy, the desire of preferment at the hands of the sovereign is what quickens men to perform services to the state; that despotism thrives by fear inspired in the b.r.e.a.s.t.s of those subject to its sway.

To ill.u.s.trate the freely discursive character of the work, we give the whole of chapter sixteen--there are chapters still shorter--in Book VII.:--

AN EXCELLENT CUSTOM OF THE SAMNITES.

The Samnites had a custom which in so small a republic, and especially in their situation, must have been productive of admirable effects. The young people were all convened in one place, and their conduct was examined. He that was declared the best of the whole a.s.sembly, had leave given him to take which girl he pleased for his wife; the second best chose after him, and so on.

Admirable inst.i.tution! The only recommendation that young men could have on this occasion, was their virtue, and the service done their country. He who had the greatest share of these endowments, chose which girl he liked out of the whole nation. Love, beauty, chast.i.ty, virtue, birth, and even wealth itself, were all, in some measure, the dowry of virtue. A n.o.bler and grander recompense, less chargeable to a petty state, and more capable of influencing both s.e.xes, could scarce be imagined.

The Samnites were descended from the Lacedaemonians; and Plato, whose inst.i.tutes are only an improvement of those of Lycurgus, enacted nearly the same law.

The relation of the foregoing chapter to the subject indicated in the t.i.tle of the book, is sufficiently obscure and remote, for a work like this purporting to be philosophical. What relation exists, seems to be found in the fact that the Samnite custom described tends to produce that popular virtue by which republics flourish. But the information, at all events, is curious and interesting.

The following paragraphs, taken from the second chapter of Book XIV., contain in germ nearly the whole of the philosophy underlying M. Taine"s essays on the history of literature:--

OF THE DIFFERENCE OF MEN IN DIFFERENT CLIMATES.

A cold air constringes the extremities of the external fibres of the body; this increases their elasticity, and favors the return of the blood from the extreme parts to the heart. It contracts those very fibres; consequently it increases also their force. On the contrary, a 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 freer 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 a despondency; he will be afraid of every thing, 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.

In the following extract, from chapter five, Book XXIV., the climatic theory is again applied, this time to the matter of religion, in a style that makes one think of Buckle"s "History of Civilization:"--

When the Christian religion, two centuries ago, became unhappily divided into Catholic and Protestant, the people of the north embraced the Protestant, and those south adhered still to the Catholic.

The reason is plain: the people of the north have, and will forever have, a spirit of liberty and independence, which the people of the south have not; and therefore, a religion which has no visible head, is more agreeable to the independency of the climate, than that which has one.

Climate is a "great matter" with Montesquieu. In treating of the subject of a state changing its religion, he says:--

The ancient religion is connected with the const.i.tution of the kingdom, and the new one is not; the former _agrees with the climate_, and very often the new one is opposite to it.

For the Christian religion, Montesquieu professes profound respect,--rather as a pagan political philosopher might do, than as one intimately acquainted with it by a personal experience of his own. His spirit, however, is humane and liberal. It is the spirit of Montaigne, it is the spirit of Voltaire, speaking in the idiom of this different man, and of this different man as influenced by his different circ.u.mstances. Montesquieu had had practical proof of the importance to himself of not offending the dominant hierarchy.

The latter part of "The Spirit of Laws" contains discussions exhibiting no little research on the part of the author. There is, for one example, a discussion of the course of commerce in different ages of the world, and of the influences that have wrought from time to time to bring about the changes occurring. For another example, there is a discussion of the feudal system.

Montesquieu was an admirer of the English const.i.tution. His work, perhaps, contains no extended chapters more likely to instruct the general reader and to furnish a good idea of the writer"s genius and method, than the two chapters--chapter six, Book XI., and chapter twenty-seven, Book XIX.--in which the English nation and the English form of government are sympathetically described. We simply indicate, for we have no room to exhibit, these chapters. Voltaire, too, expressed Montesquieu"s admiration of English liberty and English law.

On the whole, concerning Montesquieu it may justly be said, that of all political philosophers, he, if not the profoundest, is at least one of the most interesting; if not the most accurate and critical, at least one of the most brilliant and suggestive.

As to Montesquieu the man, it is perhaps sufficient to say that he seems to have been a very good type of the French gentleman of quality. An interesting story told by Sainte-Beuve reveals, if true, a side at once attractive and repellent of his personal character. Montesquieu at Ma.r.s.eilles employed a young boatman, whose manner and speech indicated more cultivation than was to have been looked for in one plying his vocation. The philosopher learned his history. The youth"s father was at the time a captive in one of the Barbary States, and this son of his was now working to earn money for his ransom. The stranger listened apparently unmoved, and went his way. Some months later, home came the father, released he knew not how, to his surprised and overjoyed family.

The son guessed the secret, and, meeting Montesquieu a year or so after in Ma.r.s.eilles, threw himself in grateful tears at his feet, begged the generous benefactor to reveal his name and to come and see the family he had blessed. Montesquieu, calmly expressing himself ignorant of the whole business, actually shook the young fellow off, and turned away without betraying the least emotion. It was not till after the cold-blooded philanthropist"s death that the fact came out.

A tranquil, happy temperament was Montesquieu"s. He would seem to have come as near as any one ever did to being the natural master of his part in life. But the world was too much for him, as it is for all--at last.

Witness the contrast of these two different sets of expressions from his pen. In earlier manhood he says:--

Study has been for me the sovereign remedy for all the dissatisfactions of life, having never had a sense of chagrin that an hour"s reading would not dissipate. I wake in the morning with a secret joy to behold the light. I behold the light with a kind of ravishment, and all the rest of the day I am happy.

Within a few years of his death, the brave, cheerful tone had declined to this:--

I am broken down with fatigue; I must repose for the rest of my life.

Then further to this:--

I have expected to kill myself for the last three months, finishing an addition to my work on the origin and changes of the French civil law. It will take only three hours to read it; but, I a.s.sure you, it has been such a labor to me, that my hair has turned white under it all.

Finally it touches nadir:--

It [his work] has almost cost me my life; I must rest; I can work no more.

My candles are all burned out; I have set off all my cartridges.

When Montesquieu died, only Diderot, among Parisian men of letters, followed him to his tomb.

XV.

VOLTAIRE.

1694-1778.

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