Miscellaneous Writings and Speeches — Volume 2

We will add another passage from Mr Sadler's pamphlet on this subject. We attributed the extinction of peerages partly to the fact that those honours are for the most part limited to heirs male.

"This is a discovery indeed! Peeresses 'eminently prolific,' do not, as Macbeth conjured his spouse, 'bring forth men-children only;' they actually produce daughters as well as sons!! Why, does not the Reviewer see, that so long as the rule of nature, which proportions the sexes so accurately to each other, continues to exist, a tendency to a diminution in one sex proves, as certainly as the demonstration of any mathematical problem, a tendency to a diminution in both; but to talk of 'eminently prolific' peeresses, and still maintain that the rapid extinction in peerages is owing to their not bearing male children exclusively, is arrant nonsense."

Now, if there be any proposition on the face of the earth which we should not have expected to hear characterised as arrant nonsense, it is this,—that an honour limited to males alone is more likely to become extinct than an honour which, like the crown of England, descends indifferently to sons and daughters. We have heard, nay, we actually know families, in which, much as Mr Sadler may marvel at it, there are daughters and no sons. Nay, we know many such families. We are as much inclined as Mr Sadler to trace the benevolent and wise arrangements of Providence in the physical world, when once we are satisfied as to the facts on which we proceed. And we have always considered it as an arrangement deserving of the highest admiration, that, though in families the number of males and females differs widely, yet in great collections of human beings the disparity almost disappears. The chance undoubtedly is, that in a thousand marriages the number of daughters will not very much exceed the number of sons. But the chance also is, that several of those marriages will produce daughters, and daughters only. In every generation of the peerage there are several such cases. When a peer whose title is limited to male heirs dies, leaving only daughters, his peerage must expire, unless he have, not only a collateral heir, but a collateral heir descended through an uninterrupted line of males from the first possessor of the honour. If the deceased peer was the first nobleman of his family, then, by the supposition, his peerage will become extinct. If he was the second, it will become extinct, unless he leaves a brother or a brother's son. If the second peer had a brother, the first peer must have had at least two sons; and this is more than the average number of sons to a marriage in England. When, therefore, it is considered how many peerages are in the first and second generation, it will not appear strange that extinctions should frequently take place. There are peerages which descend to females as well as males. But, in such cases, if a peer dies, leaving only daughters, the very fecundity of the marriage is a cause of the extinction of the peerage. If there were only one daughter, the honour would descend. If there are several, it falls into abeyance.

But it is needless to multiply words in a case so clear; and, indeed it is needless to say anything more about Mr Sadler's book. We have, if we do not deceive ourselves, completely exposed the calculations on which his theory rests; and we do not think that we should either amuse our readers or serve the cause of science if we were to rebut in succession a series of futile charges brought in the most angry spirit against ourselves; ignorant imputations of ignorance, and unfair complaints of unfairness,—conveyed in long, dreary, declamations, so prolix that we cannot find space to quote them, and so confused that we cannot venture to abridge them.

There is much indeed in this foolish pamphlet to laugh at, from the motto in the first page down to some wisdom about cows in the last. One part of it indeed is solemn enough, we mean a certain jeu d'esprit of Mr Sadler's touching a tract of Dr Arbuthnot's. This is indeed "very tragical mirth," as Peter Quince's playbill has it; and we would not advise any person who reads for amusement to venture on it as long as he can procure a volume of the Statutes at Large. This, however, to do Mr Sadler justice, is an exception. His witticisms, and his tables of figures, constitute the only parts of his work which can be perused with perfect gravity. His blunders are diverting, his excuses exquisitely comic. But his anger is the most grotesque exhibition that we ever saw. He foams at the mouth with the love of truth, and vindicates the Divine benevolence with a most edifying heartiness of hatred. On this subject we will give him one word of parting advice. If he raves in this way to ease his mind, or because he thinks that he does himself credit by it, or from a sense of religious duty, far be it from us to interfere. His peace, his reputation, and his religion are his own concern; and he, like the nobleman to whom his treatise is dedicated, has a right to do what he will with his own. But, if he has adopted his abusive style from a notion that it would hurt our feelings, we must inform him that he is altogether mistaken; and that he would do well in future to give us his arguments, if he has any, and to keep his anger for those who fear it.

MIRABEAU. (July 1832.)

"Souvenirs sur Mirabeau, et sur les deux Premieres Assemblees Legislatives".  Par Etienne Dumont, de Geneve:

ouvrage posthume publie par M.J.L. Duval, Membre du Conseil Representatif du Canton du Geneve.  8vo.  Paris:  1832.

This is a very amusing and a very instructive book: but even if it were less amusing and less instructive, it would still be interesting as a relic of a wise and virtuous man. M. Dumont was one of those persons, the care of whose fame belongs in an especial manner to mankind. For he was one of those persons who have, for the sake of mankind, neglected the care of their own fame. In his walk through life there was no obtrusiveness, no pushing, no elbowing, none of the little arts which bring forward little men. With every right to the head of the board, he took the lowest room, and well deserved to be greeted with—Friend, go up higher. Though no man was more capable of achieving for himself a separate and independent renown, he attached himself to others; he laboured to raise their fame; he was content to receive as his share of the reward the mere overflowings which redounded from the full measure of their glory. Not that he was of a servile and idolatrous habit of mind:—not that he was one of the tribe of Boswells,—those literary Gibeonites, born to be hewers of wood and drawers of water to the higher intellectual castes. Possessed of talents and acquirements which made him great, he wished only to be useful. In the prime of manhood, at the very time of life at which ambitious men are most ambitious, he was not solicitous to proclaim that he furnished information, arguments, and eloquence to Mirabeau. In his later years he was perfectly willing that his renown should merge in that of Mr Bentham.

The services which M. Dumont has rendered to society can be fully appreciated only by those who have studied Mr Bentham's works, both in their rude and in their finished state. The difference both for show and for use is as great as the difference between a lump of golden ore and a rouleau of sovereigns fresh from the mint. Of Mr Bentham we would at all times speak with the reverence which is due to a great original thinker, and to a sincere and ardent friend of the human race. If a few weaknesses were mingled with his eminent virtues,—if a few errors insinuated themselves among the many valuable truths which he taught,—this is assuredly no time for noticing those weaknesses or those errors in an unkind or sarcastic spirit. A great man has gone from among us, full of years, of good works, and of deserved honours. In some of the highest departments in which the human intellect can exert itself he has not left his equal or his second behind him. From his contemporaries he has had, according to the usual lot, more or less than justice. He has had blind flatterers and blind detractors—flatterers who could see nothing but perfection in his style, detractors who could see nothing but nonsense in his matter. He will now have judges. Posterity will pronounce its calm and impartial decision; and that decision will, we firmly believe, place in the same rank with Galileo, and with Locke, the man who found jurisprudence a gibberish and left it a science. Never was there a literary partnership so fortunate as that of Mr Bentham and M. Dumont. The raw material which Mr Bentham furnished was most precious; but it was unmarketable. He was, assuredly, at once a great logician and a great rhetorician. But the effect of his logic was injured by a vicious arrangement, and the effect of his rhetoric by a vicious style. His mind was vigorous, comprehensive, subtile, fertile of arguments, fertile of illustrations. But he spoke in an unknown tongue; and, that the congregation might be edified, it was necessary that some brother having the gift of interpretation should expound the invaluable jargon. His oracles were of high import; but they were traced on leaves and flung loose to the wind. So negligent was he of the arts of selection, distribution, and compression, that to persons who formed their judgment of him from his works in their undigested state he seemed to be the least systematic of all philosophers. The truth is, that his opinions formed a system, which, whether sound or unsound, is more exact, more entire, and more consistent with itself than any other. Yet to superficial readers of his works in their original form, and indeed to all readers of those works who did not bring great industry and great acuteness to the study, he seemed to be a man of a quick and ingenious but ill-regulated mind,—who saw truth only by glimpses,—who threw out many striking hints, but who had never thought of combining his doctrines in one harmonious whole.

M. Dumont was admirably qualified to supply what was wanting in Mr Bentham. In the qualities in which the French writers surpass those of all other nations—neatness, clearness, precision, condensation—he surpassed all French writers. If M. Dumont had never been born, Mr Bentham would still have been a very great man. But he would have been great to himself alone. The fertility of his mind would have resembled the fertility of those vast American wildernesses in which blossoms and decays a rich but unprofitable vegetation, "wherewith the reaper filleth not his hand, neither he that bindeth up the sheaves his bosom." It would have been with his discoveries as it has been with the "Century of Inventions." His speculations on laws would have been of no more practical use than Lord Worcester's speculations on steam-engines. Some generations hence, perhaps, when legislation had found its Watt, an antiquarian might have published to the world the curious fact that, in the reign of George the Third, there had been a man called Bentham, who had given hints of many discoveries made since his time, and who had really, for his age, taken a most philosophical view of the principles of jurisprudence.

Many persons have attempted to interpret between this powerful mind and the public. But, in our opinion, M. Dumont alone has succeeded. It is remarkable that, in foreign countries, where Mr Bentham's works are known solely through the medium of the French version, his merit is almost universally acknowledged. Even those who are most decidedly opposed to his political opinions—the very chiefs of the Holy Alliance—have publicly testified their respect for him. In England, on the contrary, many persons who certainly entertained no prejudice against him on political grounds were long in the habit of mentioning him contemptuously. Indeed, what was said of Bacon's philosophy may be said of Bentham's. It was in little repute among us, till judgments in its favour came from beyond sea, and convinced us, to our shame, that we had been abusing and laughing at one of the greatest men of the age.

M. Dumont might easily have found employments more gratifying to personal vanity than that of arranging works not his own. But he could have found no employment more useful or more truly honourable. The book before us, hastily written as it is, contains abundant proof, if proof were needed, that he did not become an editor because he wanted the talents which would have made him eminent as a writer.

Persons who hold democratical opinions, and who have been accustomed to consider M. Dumont as one of their party, have been surprised and mortified to learn that he speaks with very little respect of the French Revolution and of its authors. Some zealous Tories have naturally expressed great satisfaction at finding their doctrines, in some respects, confirmed by the testimony of an unwilling witness. The date of the work, we think, explains everything. If it had been written ten years earlier, or twenty years later, it would have been very different from what it is. It was written, neither during the first excitement of the Revolution, nor at that later period when the practical good produced by the Revolution had become manifest to the most prejudiced observers; but in those wretched times when the enthusiasm had abated, and the solid advantages were not yet fully seen. It was written in the year 1799,—a year in which the most sanguine friend of liberty might well feel some misgivings as to the effects of what the National Assembly had done. The evils which attend every great change had been severely felt. The benefit was still to come. The price—a heavy price—had been paid. The thing purchased had not yet been delivered. Europe was swarming with French exiles. The fleets and armies of the second coalition were victorious. Within France, the reign of terror was over; but the reign of law had not commenced. There had been, indeed, during three or four years, a written Constitution, by which rights were defined and checks provided. But these rights had been repeatedly violated; and those checks had proved utterly inefficient. The laws which had been framed to secure the distinct authority of the executive magistrates and of the legislative assemblies—the freedom of election—the freedom of debate—the freedom of the press—the personal freedom of citizens—were a dead letter. The ordinary mode in which the Republic was governed was by coups d'etat. On one occasion, the legislative councils were placed under military restraint by the directors. Then, again, directors were deposed by the legislative councils. Elections were set aside by the executive authority. Ship-loads of writers and speakers were sent, without a legal trial, to die of fever in Guiana. France, in short, was in that state in which revolutions, effected by violence, almost always leave a nation. The habit of obedience had been lost. The spell of prescription had been broken. Those associations on which, far more than on any arguments about property and order, the authority of magistrates rests, had completely passed away. The power of the government consisted merely in the physical force which it could bring to its support. Moral force it had none. It was itself a government sprung from a recent convulsion. Its own fundamental maxim was, that rebellion might be justifiable. Its own existence proved that rebellion might be successful. The people had been accustomed, during several years, to offer resistance to the constituted authorities on the slightest provocation, and to see the constituted authorities yield to that resistance. The whole political world was "without form and void"—an incessant whirl of hostile atoms, which, every moment, formed some new combination. The only man who could fix the agitated elements of society in a stable form was following a wild vision of glory and empire through the Syrian deserts. The time was not yet come, when

     "Confusion heard his voice; and wild uproar      Stood ruled:"

when, out of the chaos into which the old society had been resolved, were to rise a new dynasty, a new peerage, a new church, and a new code.

The dying words of Madame Roland, "Oh, Liberty! how many crimes are committed in thy name!" were at that time echoed by many of the most upright and benevolent of mankind. M. Guizot has, in one of his admirable pamphlets, happily and justly described M. Laine as "an honest and liberal man, discouraged by the Revolution." This description, at the time when M. Dumont's Memoirs were written, would have applied to almost every honest and liberal man in Europe; and would, beyond all doubt, have applied to M. Dumont himself. To that fanatical worship of the all-wise and all-good people, which had been common a few years before, had succeeded an uneasy suspicion that the follies and vices of the people would frustrate all attempts to serve them. The wild and joyous exaltation, with which the meeting of the States-General and the fall of the Bastile had been hailed, had passed away. In its place was dejection, and a gloomy distrust of suspicious appearances. The philosophers and philanthropists had reigned. And what had their reign produced? Philosophy had brought with it mummeries as absurd as any which had been practised by the most superstitious zealot of the darkest age. Philanthropy had brought with it crimes as horrible as the massacre of Saint Bartholomew. This was the emancipation of the human mind. These were the fruits of the great victory of reason over prejudice. France had rejected the faith of Pascal and Descartes as a nursery fable, that a courtezan might be her idol, and a madman her priest. She had asserted her freedom against Louis, that she might bow down before Robespierre. For a time men thought that all the boasted wisdom of the eighteenth century was folly; and that those hopes of great political and social ameliorations which had been cherished by Voltaire and Condorcet were utterly delusive.

Under the influence of these feelings, M. Dumont has gone so far as to say that the writings of Mr Burke on the French Revolution, though disfigured by exaggeration, and though containing doctrines subversive of all public liberty, had been, on the whole, justified by events, and had probably saved Europe from great disasters. That such a man as the friend and fellow-labourer of Mr Bentham should have expressed such an opinion is a circumstance which well deserves the consideration of uncharitable politicians. These Memoirs have not convinced us that the French Revolution was not a great blessing to mankind. But they have convinced us that very great indulgence is due to those who, while the Revolution was actually taking place, regarded it with unmixed aversion and horror. We can perceive where their error lay. We can perceive that the evil was temporary, and the good durable. But we cannot be sure that, if our lot had been cast in their times, we should not, like them, have been discouraged and disgusted—that we should not, like them, have seen, in that great victory of the French people, only insanity and crime.

It is curious to observe how some men are applauded, and others reviled, for merely being what all their neighbours are,—for merely going passively down the stream of events,—for merely representing the opinions and passions of a whole generation. The friends of popular government ordinarily speak with extreme severity of Mr Pitt, and with respect and tenderness of Mr Canning. Yet the whole difference, we suspect, consisted merely in this,—that Mr Pitt died in 1806, and Mr Canning in 1827. During the years which were common to the public life of both, Mr Canning was assuredly not a more liberal statesman than his patron. The truth is that Mr Pitt began his political life at the end of the American War, when the nation was suffering from the effects of corruption. He closed it in the midst of the calamities produced by the French Revolution, when the nation was still strongly impressed with the horrors of anarchy. He changed, undoubtedly. In his youth he had brought in reform bills. In his manhood he brought in gagging bills. But the change, though lamentable, was, in our opinion, perfectly natural, and might have been perfectly honest. He changed with the great body of his countrymen. Mr Canning on the other hand, entered into public life when Europe was in dread of the Jacobins. He closed his public life when Europe was suffering under the tyranny of the Holy Alliance. He, too, changed with the nation. As the crimes of the Jacobins had turned the master into something very like a Tory, the events which followed the Congress of Vienna turned the pupil into something very like a Whig.

So much are men the creatures of circumstances. We see that, if M. Dumont had died in 1799, he would have died, to use the new cant word, a decided "Conservative." If Mr Pitt had lived in 1832, it is our firm belief that he would have been a decided Reformer.

The judgment passed by M. Dumont in this work on the French Revolution must be taken with considerable allowances. It resembles a criticism on a play of which only the first act has been performed, or on a building from which the scaffolding has not yet been taken down. We have no doubt that, if the excellent author had revised these Memoirs thirty years after the time at which they were written, he would have seen reason to omit a few passages, and to add many qualifications and explanations.

He would not probably have been inclined to retract the censures, just, though severe, which he has passed on the ignorance, the presumption, and the pedantry, of the National Assembly. But he would have admitted that, in spite of those faults, perhaps even by reason of those faults, that Assembly had conferred inestimable benefits on mankind. It is clear that, among the French of that day, political knowledge was absolutely in its infancy. It would indeed have been strange if it had attained maturity in the time of censors, of lettres-de-cachet, and of beds of justice. The electors did not know how to elect. The representatives did not know how to deliberate. M. Dumont taught the constituent body of Montreuil how to perform their functions, and found them apt to learn. He afterwards tried, in concert with Mirabeau, to instruct the National Assembly in that admirable system of Parliamentary tactics which has been long established in the English House of Commons, and which has made the House of Commons, in spite of all the defects in its composition, the best and fairest debating society in the world. But these accomplished legislators, though quite as ignorant as the mob of Montreuil, proved much less docile, and cried out that they did not want to go to school to the English. Their debates consisted of endless successions of trashy pamphlets, all beginning with something about the original compact of society, man in the hunting state, and other such foolery. They sometimes diversified and enlivened these long readings by a little rioting. They bawled; they hooted; they shook their fists. They kept no order among themselves. They were insulted with impunity by the crowd which filled their galleries. They gave long and solemn consideration to trifles. They hurried through the most important resolutions with fearful expedition. They wasted months in quibbling about the words of that false and childish Declaration of Rights on which they professed to found their new constitution, and which was at irreconcilable variance with every clause of that constitution. They annihilated in a single night privileges, many of which partook of the nature of property, and ought therefore to have been most delicately handled.

They are called the Constituent Assembly. Never was a name less appropriate. They were not constituent, but the very reverse of constituent. They constituted nothing that stood or that deserved to last. They had not, and they could not possibly have, the information or the habits of mind which are necessary for the framing of that most exquisite of all machines—a government. The metaphysical cant with which they prefaced their constitution has long been the scoff of all parties. Their constitution itself,—that constitution which they described as absolutely perfect, and to which they predicted immortality,—disappeared in a few months, and left no trace behind it. They were great only in the work of destruction.