Continuation of the sane subject. Montesquieu, according to custom, travels through all times and countries, and particularly through remote ages and countries not well known, in a multitude of small unconnected chapters. Book I. Now labor, and the employment of our faculties, being all our own, and our only means of action, I am very much deceived if this truth is not the basis of all social science, and if it does not decide all questions on the subject of luxury; for that which checks or stifles the unfolding of our faculties, or renders them hurtful, or even useless, cannot be proper for us. It does not accord with my conceptions, that in order to live in society, a man must render violence to himself and to nature, and speak only the language of mystics. Here law means a rule of action, prescribed by an authority invested with competent power and a right so to do: this last condition is essential, and when it is not possessed, the rule is no longer a law, but an arbitrary command, an act of violence and usurpation. In republics, where virtue is the basis of every thing, clemency is less necessary. M. Montesquieu seems to believe it, but he no where proves it; and the injustice caused by complicated forms, renders the contrary opinion at least probable. I have taken notice of them only in conformity with the order which Montesquieu has thought proper to follow, in his immortal work. I am sensible that moral causes have a greater effect, than economical calculations: but these moral causes only augment resources, by directing all our efforts towards solid objects; which is the reason, that treasures are not wanting, either to the state or individuals, for great undertakings, because they have not been employed uselessly. In this book, the title of which does not present an idea sufficiently distinct, the degree of liberty which may be enjoyed under each constitution of government is examined; that is to say.... the effects produced on the liberties of the citizens by the laws forming the constitution of the state. Should those governments, whose interest it is to oppose the progress of luxury, have recourse to sumptuary laws? In what a situation
If desirous only of giving a particular branch of legislation, care should be taken to define, with great exactness, the limits beyond which it should not pass; after having regulated it according to reason and justice, to examine whether it contains any thing contrary to any established law, and carefully to discover all such errors, as the roots of those evils which it is the best interest of society to eradicate. The native of Poland was passionately attached to his liberum veto, which was the great source of affliction to his country. Hegel on Montesquieu | Operations of this kind, are called financiering: but such injustice is rarely attempted in modern times, though what is equivalent thereto is frequent, as when paper is forced upon us as money, as is now the custom of all European governments.
It is true, that at different times, and in different forms, the Romans incorporated the people whom they had conquered, with them; but this cannot be called a real confederation; and if a state ever had the character of unity, it was a republic residing in a single town, which for that reason, was called the head or capital of the universe.... caput orbis. This is the only means of clearly discovering when a reform is necessary, or on what part of the old law it should act, and then the reform ought to be so conducted, that without altering the unity of the system of laws, it may substitute the new law for that which is to be made the object of reform. Besides, money does not constitute the whole of one riches, nor such dealings the whole of our exchanges; the one is no more than a tool, and the others are workmen, who facilitate the business of commerce, but are not themselves to be mistaken for commerce. that there would be no longer any legislative resolutions, and then the After some time, knowlege, mutual relations, and the concerns of society, become multiplied and complicated; neither the theory nor the links by which it is connected, are perceived; enquiry, speculation, and conjectures succeed; systems of various kinds and even religious systems, are created: opinions obtain respect; and even opinion itself is found to possess power: all these operations are found susceptible of use; arrangements take place by accident or particular circumstances, and remain so without any recurrence to principles, but subsisting solely on expediency. Montesquieu informs us, that in reserving to himself the right of judging on the different forms of political society, he only notices in laws what appears favorable or unfavorable to each of the several forms. In the beginning commerce is carried on directly, that is the exchange is made between two persons without the mediation of a third; every man who desires to buy any thing is obliged to look for a person who has it to sell; and in a word, whoever has any thing to exchange, must himself take the trouble of finding a person with whom he can make it. Book XXVIII Of the Origin and Revolutions of Civil Law among the Franks. That of a farmer or manufacturer, who expends ten thousand dollars, and produces only five thousand, is likewise not productive, and would not be useful, unless by way of experiment. I may venture to say that deception is to be found every where; but that the laws never authorise any; no, not even in Lacedemon, notwithstanding their alleged allowance of robbery. It were to be wished, that those rectors of certain religious communities, who would command me to hire my money to his tenant for half the price he offers me, was obliged to rent the lands of his benefice to the same tenant as a farm, for the half of the price he is willing to give; for the comparison is perfectly equal.... his farm is a capital, the same as money, with which he may buy my money; as with my money I may buy his farm; and it is of very little consequence to the farmer whether it is the field or the money he rents for one half. It is, in a word, placing out of the pale of law, all those who pretend to be above the common rule. It is true, that at the period in which he wrote, England was a very flourishing and celebrated state; its government was, of those till then known, that which produced, or appeared to produce, the most flattering results in every respect.
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