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most enlarged and liberal moods. He was never more than a lover of order when his deference to the wishes of the people was at its lowest. The institutions to which he was attached during the eight-and-twenty years of his life in the House of Commons, passed through two phases of peril. First, they were oppressed and undermined by the acts of the court, and the resurrection of prerogative in the guise of privilege. Then they were menaced by the democratic flood which overtook England after the furious rising of the popular tide in France. We at this distance of time may see that in neither case was the danger so serious and so real as it appeared in the eyes of contemporaries. But in both cases Burke was filled with an alarm that may serve as a measure of the depth and sincerity of his reverence for the fabric whose overthrow, as he thought, was gravely threatened. In both cases he set his face resolutely against innovation; in both cases he defied the enemies who came up from two different quarters to assail the English constitution, and to destroy a system under which three generations of Englishmen had been happy and prosperous. He changed his front, but he never changed his ground. "I flatter myself," he said, with justice, "that I love a manly, moral, regulated liberty." And again: "The liberty, the only liberty I mean, is a liberty connected with order."

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court tried to regulate liberty too severely. It found in him an inflexible opponent. Demagogues tried to remove the regulations of liberty. They encountered in him the bitterest and most unceasing of all remonstrants. The arbitrary majority in the House of Commons forgot for whose benefit they held power, from whom they derived their authority, and in what description of government it was that they had a place. Burke was the most valiant and strenuous champion in the ranks of the independent minority. He withstood to the face the King and the King's friends. He withstood to the face Charles Fox and the friends of the people. He may have been wrong in both, or in either, but let us not be told that he turned back in his course; that he was a revolutionist in 1770 and a reactionist in 1790; that he was in his sane mind when he opposed the supremacy of the Court, but that his reason was tottering before he opposed the supremacy of the rabble.

"A LIBERTY CONNECTED WITH ORDER”

EDMUND BURKE

[Selections from Reflections on the French Revolution, 1790]

1. Of the Nature of Liberty

I flatter myself that I love a manly, moral, regulated liberty as well as any gentleman of that society, be he who he will; and perhaps I have given as good proofs of my attachment to that cause, in the whole course of my public conduct. I think I envy liberty as little as they do, to any other nation. But I cannot stand forward, and give praise or blame to any thing which relates to human actions, and human concerns, on a simple view of the object as it stands stripped of every relation, in all the nakedness and solitude of metaphysical abstraction. Circumstances (which with some gentlemen pass for nothing) give in reality to every political principle its distinguishing color, and discriminating effect. The circumstances are what render every civil and political scheme beneficial or noxious to mankind. Abstractedly speaking, government, as well as liberty, is good; yet could I, in common sense, ten years ago, have felicitated France on her enjoyment of a government (for she then had a government) without enquiry what the nature of that government was, or how it was administered? Can I now congratulate the same nation upon its freedom? Is it because liberty in the abstract may be classed amongst the blessings of mankind, that I am seriously to felicitate a madman, who has escaped from the protecting restraint and wholesome darkness of his cell, on his restoration to the enjoyment of light and liberty? Am I to congratulate an highwayman and murderer, who has broke prison, upon the recovery of his natural rights? This would be to act over again the scene of the criminals condemned to the galleys, and their heroic deliverer, the metaphysic Knight of the Sorrowful Countenance.

When I see the spirit of liberty in action, I see a strong principle at work; and this, for a while, is all I can possibly know of it. The wild gas, the fixed air, is plainly broke loose but we ought to suspend our judgment until the first effervescence is a little subsided, till the liquor is cleared, and until we see something deeper than the agita

tion of a troubled and frothy surface. I must be tolerably sure, before I venture publely to congratulate men upon a blessing, that they have really received one. Flattery corrupts both the receiver and the giver; and adulation is not of more service to the people than to kings. I should therefore suspend my congratulations on the new liberty of France, until I was informed how it had been combined with government; with public force; with the discipline and obedience of armies; with the collection of an effective and well-distributed revenue; with morality and religion; with the solidity of property; with peace and order; with civil and social manners. All these (in their way) are good things too; and, without them, liberty is not a benefit whilst it lasts, and is not likely to continue long. The effect of liberty to individuals is, that they may do what they please: we ought to see what it will please them to do, before we risk congratulations, which may be soon turned into complaints. Prudence would dictate this in the case of separate insulated private men; but liberty, when men act in bodies, is power. Considerate people, before they declare themselves, will observe the use which is made of power; and particularly of so trying a thing as new power in new persons, of whose principles, tempers, and dispositions they have little or no experience, and in situations where those who appear the most stirring in the scene may possibly not be the real movers.

All these considerations, however, were below the transcendental dignity of the Revolution Society. Whilst I continued in the country, from whence I had the honor of writing to you, I had but an imperfect idea of their transactions. On my coming to town, I sent for an account of their proceedings, which had been published by their authority, containing a sermon of Dr. Price, with the Duke de Rochefoucault's and the Archbishop of Aix's letter, and several other documents annexed. The whole of that publication, with the manifest design of connecting the affairs of France with those of England, by drawing us into an imitation of the conduct of the National Assembly, gave me a considerable degree of uneasiness. The effect of that conduct upon the power, credit, prosperity, and tranquillity of France, became every day more evident. The form of constitution to be settled, for its future polity, became more clear.. We are now in a

condition to discern, with tolerable exactness, the true nature of the object held up to our imitation. If the prudence of reserve and decorum dictates silence in some circumstances, in others prudence of an higher order may justify us in speaking our thoughts. The beginnings of confusion with us in England are at present feeble enough; but with you, we have seen an infancy still more feeble, growing by moments into a strength to heap mountains upon mountains, and to wage war with Heaven itself. Whenever our neighbor's house is on fire, it cannot be amiss for the engines to play a little on our own. Better to be despised for too anxious apprehensions, than ruined by too confident a security.

Solicitous chiefly for the peace of my own country, but by no means unconcerned for yours, I wish to communicate more largely, what was at first intended only for your private satisfaction. I shall still keep your affairs in my eye, and continue to address myself to you. Indulging myself in the freedom of epistolary intercourse, I beg leave to throw out my thoughts, and express my feelings, just as they arise in my mind, with very little attention to formal method. I set out with the proceedings of the Revolution Society; but I shall not confine myself to them. Is it possible I should? It looks to me as if I were in a great crisis, not of the affairs of France alone, but of all Europe, perhaps of more than Europe. All circumstances taken together, the French revolution is the most astonishing that has hitherto happened in the world. The most wonderful things are brought about in many instances by means the most absurd and ridiculous; in the most ridiculous modes; and apparently, by the most contemptible instruments. Everything seems out of nature in this strange chaos of levity and ferocity, and of all sorts of crimes jumbled together with all sorts of follies. In viewing this monstrous tragi-comic scene, the most opposite passions necessarily succeed, and sometimes mix with each other in the mind: alternate laughter and tears; alternate scorn and horror.

This political Divine dogmatically asserts, that by the principles of the Revolution the people of England have acquired three fundamental rights, all which, with him, compose one system, and lie together in one short sentence; namely, that we have an acquired right

1. "To choose our own governors." 2. "To cashier them for misconduct." 3. "To frame a government for ourselves."

This new, and hitherto unheard-of bill of rights, though made in the name of the whole people, belongs to those gentlemen and their faction only. The body of the people of England have no share in it. They utterly disclaim it. They will resist the practical assertion of it with their lives and fortunes. They are bound to do so by the laws of their country, made at the time of that very Revolution, which is appealed to in favor of the fictitious rights claimed by the society which abuses its name.

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2. The Nature of the British Constitution

It is true that, aided with the powers derived from force and opportunity, the nation was at that time,1 in some sense, free to take what course it pleased for filling the throne; but only free to do so upon the same grounds on which they might have wholly abolished their monarchy, and every other part of their constitution. However, they did not think such bold changes within their commission. It is indeed difficult, perhaps impossible, to give limits to the mere abstract competence of the supreme power, such as was exercised by parliament at that time; but the limits of a moral competence, subjecting, even in powers more indisputably sovereign, occasional will to permanent reason, and to the steady maxims of faith, justice, and fixed fundamental policy, are perfectly intelligible, and perfectly binding upon those who exercise any authority, under any name, or under any title, in the state. The house of lords, for instance, is not morally competent to dissolve the house of commons; no, nor even to dissolve itself, nor to abdicate, if it would, its portion in the legislature of the kingdom. Though a king may abdicate for his own person, he cannot abdicate for the monarchy. By as strong, or by a stronger reason, the house of commons cannot renounce its share of authority. The engagement and pact of society, which generally goes by the name of the constitution, forbids such invasion and such surrender. The constitutent parts of a state are obliged to hold their public faith with each other, and with all those who derive any serious interest under their 1i. e., the time of the Revolution.

engagements, as much as the whole state is bound to keep its faith with separate communities. Otherwise competence and power would soon be confounded, and no law be left but the will of a prevailing force. On this principle the succession of the crown has always been what it now is, an hereditary succession by law: in the old line it was a succession by the common law; in the new, by the statute law, operating on the principles of the common law, not changing the substance, but regulating the mode, and describing the persons. Both these descriptions of law are of the same force, and are derived from an equal authority, emanating from the common agreement and original compact of the state communi sponsione reipublicæ, and as such are equally binding on king, and people too, as long as the terms are observed, and they continue the same body politic.

It is far from impossible to reconcile, if we do not suffer ourselves to be entangled in the mazes of metaphysic sophistry, the use both of a fixed rule and an occasional deviation; the sacredness of an hereditary principle of succession in our government, with a power of change in its application in cases of extreme emergency. Even in that extremity (if we take the measure of our rights by our exercise of them at the Revolution) the change is to be confined to the peccant part only to the part which produced the necessary deviation; and even then it is to be effected without a decomposition of the whole civil and political mass, for the purpose of originating a new civil order out of the first elements of society.

A state without the means of some change is without the means of its conservation. Without such means it might even risk the loss of that part of the constitution which it wished the most religiously to preserve. The two principles of conservation and correction operated strongly at the two critical periods of the Restoration and Revolution, when England found itself without a king. At both those periods the nation had lost the bond of union in their ancient edifice; they did not, however, dissolve the whole fabric. On the contrary, in both cases they regenerated the deficient part of the old constitution through the parts which were not impaired. They kept these old parts exactly as they were, that the part recovered might be suited to them. They acted by the ancient organized states in the shape

of their old organization, and not by the organic moleculæ of a disbanded people. At no time, perhaps, did the sovereign legislature manifest a more tender regard to their fundamental principle of British constitutional policy, than at the time of the Revolution, when it deviated from the direct line of hereditary succession. The crown was carried somewhat out of the line in which it had before moved; but the new line was derived from the same stock. It was still a line of hereditary descent; still an hereditary descent in the same blood, though an hereditary descent qualified with protestantism. When the legislature altered the direction, but kept the principle, they showed that they held it inviolable.

You will observe, that from Magna Charta to the Declaration of Right, it has been the uniform policy of our constitution to claim and assert our liberties, as an entailed inheritance derived to us from our forefathers, and to be transmitted to our posterity; as an estate specially belonging to the people of this kingdom without any reference whatever to any other more general or prior right. By this means our constitution preserves an unity in so great a diversity of its parts. We have an inheritable crown; an inheritable peerage; and an house of commons and a people inheriting privileges, franchises, and liberties, from a long line of ancestors.

This policy appears to me to be the result of profound reflection; or rather the happy effect of following nature, which is wisdom without reflection, and above it. A spirit of innovation is generally the result of a selfish temper and confined views. People will not look forward to posterity, who never look backward to their ancestors. Besides, the people of England well know that the idea of inheritance furnishes a sure principle of conservation, and a sure principle of transmission; without at all excluding a principle of improvement. It leaves acquisition free; but it secures what it acquires. Whatever advantages are obtained by a state proceeding on these maxims, are locked fast as in a sort of family settlement; grasped as in a kind of mortmain forever. By a constitutional policy, working after the pattern of nature, we receive, we hold, we transmit our government and our privileges, in the same manner in which we enjoy and transmit our property and our lives. The institutions of policy, the goods of fortune,

the gifts of Providence, are handed down, to us and from us, in the same course and order. Our political system is placed in a just correspondence and symmetry with the order of the world, and with the mode of existence decreed to a permanent body composed of transitory parts; wherein, by the disposition of a stupendous wisdom, moulding together the great mysterious incorporation of the human race, the whole, at one time, is never old, or middle-aged, or young, but in a condition of unchangeable constancy, moves on through the varied tenor of perpetual decay, fall, renovation, and progression. Thus, by preserving the method of nature in the conduct of the state, in what we improve, we are never wholly new; in what we retain we are never wholly obsolete. By adhering in this manner and on those principles to our forefathers, we are guided not by the superstition of antiquarians, but by the spirit of philosophic analogy. In this choice of inheritance we have given to our frame of polity the image of a relation in blood; binding up the constitution of our country with our dearest domestic ties; adopting our fundamental laws into the bosom of our family affections; keeping inseparable, and cherishing with the warmth of all their combined and mutually reflected charities, our state, our hearths, our sepulchers, and our altars.

Through the same plan of a conformity. to nature in our artificial institutions, and by calling in the aid of her unerring and powerful instincts, to fortify the fallible and feeble contrivances of our reason, we have derived several other, and those no small benefits, from considering our liberties in the light of an inheritance. Always acting as if in the presence of canonized forefathers, the spirit of freedom, leading in itself to misrule and excess, is tempered with an awful gravity. This idea of a liberal descent inspires us with a sense of habitual native dignity, which prevents that upstart insolence almost inevitably adhering to and disgracing those who are the first acquirers of any distinction. By this means our liberty becomes a noble freedom. It carries an imposing and majestic aspect. It has a pedigree and illustrating ancestors. It has its bearings and its ensigns armorial. It has its gallery of portraits; its monumental inscriptions; its records, evidences, and titles. We procure reverence to our civil institutions on the principle upon which nature teaches us to revere individual men;

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3. Of the Rights of Men

It is no wonder that with these ideas of every thing in their constitution and government at home, either in church or state, as illegitimate and usurped, or, at best as a vain mockery, they look abroad with an eager and passionate enthusiasm. Whilst they are possessed by these notions, it is vain to talk to them of the practice of their ancestors, the fundamental laws of their country, the fixed form of a constitution, whose merits are confirmed by the solid test of long experience, and an increasing public strength and national prosperity. They despise experience as the wisdom of unlettered men; and as for the rest, they have wrought underground a mine that will blow up at one grand explosion all examples of antiquity, all precedents, charters, and acts of parliament. They have "the rights of men." Against these there can be no prescription; against these no agreement is binding: these admit no temperament, and no compromise: any thing withheld from their full demand is so much of fraud and injustice. Against❘ these their rights of men let no government look for security in the length of its continuance, or in the justice and lenity of its administration.

The objections of these speculatists, if its forms do not quadrate with their theories, are as valid against such an old and beneficent government as against the most violent tyranny, or the greenest usurpation. They are always at issue with governments, not on a question of abuse, but a question of competency, and a question of title. I have nothing to say to the clumsy subtlety of their political metaphysics. Let them be their amusement in the schools."Illa se jactet in aula-Eolus, et clauso tentorum carcere regnet."-But let them not break prison to burst like a Levanter, to sweep the earth with their hurricane, and to break up the fountains of the great deep to overwhelm us.

Far am I from denying in theory; full as

far is my heart from withholding in practice (if I were of power to give or to withhold), the real rights of men. In denying their false claims of right, I do not mean to injure those which are real, and are such as their pretended rights would totally destroy. If civil society be made for the advantage of man, all the advantages for which it is made become his right. It is an institution of beneficence; and law itself is only beneficence acting by a rule. Men have a right to live by that rule; they have a right to justice as between their fellows, whether their fellows are in politic function or in ordinary occupation. They have a right to the fruits of their industry; and to the means of making their industry fruitful. They have a right to the acquisitions of their parents; to the nourishment and improvement of their offspring; to instruction in life, and to consolation in death. Whatever each man can separately do, without trespassing upon others, he has a right to do for himself; and he has a right to a fair portion of all which society, with all its combinations of skill and force, can do in his favor. In this partnership all men have equal rights; but not to equal things. He that has but five shillings in the partnership has as good a right to it as he that has five hundred pound has to his larger proportion. But he has not a right to an equal dividend in the product of the joint stock; and as to the share of power, authority, and direction which each individual ought to have in the management of the state, that I must deny to be amongst the direct original rights of man in civil society; for I have in my contemplation the civil social man, and no other. It is a thing to be settled by convention.

If civil society be the offspring of convention, that convention must be its law. That convention must limit and modify all the descriptions of constitution which are formed under it. Every sort of legislative, judicial, or executory power are its creatures. They can have no being in any other state of things; and how can any man claim, under the conventions of civil society, rights which do not so much as suppose its existence? Rights which are absolutely repugnant to it? One of the first motives to civil society, and which becomes one of its fundamental rules, is, that no man should be judge in his own cause. By this each person has at once divested himself of the first fundamental right of uncovenanted man, that

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