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literature in which valuable materials were to be found, but there was no one who knew how to use them. During a considerable period, the Latin language was a vernacular dialect;3 and, if men had chosen, they might have studied the great Latin authors. But to do this, they must have been in a state of society very different from that in which they actually lived. They, like every other people, measured merit by the standard commonly received in their own age; and, according to their standard, the dross was better than the gold. They, therefore, rejected the gold, and hoarded up the dross. What took place then is, on a smaller scale, taking place now. Every literature contains something that is true, and much that is false; and the effect it produces will chiefly depend upon the skill with which the truth is discriminated from the falsehood. New ideas, and new discoveries, possess prospectively an importance difficult to exaggerate; but until the ideas are received, and the discoveries adopted, they exercise no influence, and, therefore, work no good. No literature can ever benefit a people, unless it finds them in a state of preliminary preparation. In this respect, the analogy with religious opinions is complete. If the religion and the literature of a country are unsuited to its wants, they will be useless, because the literature will be neglected, and the religion will be disobeyed. In such cases, even the ablest books are unread, and the purest doctrines despised. The works fall into oblivion; the faith is corrupted by heresy.

The other opinion to which I have referred is, that the civilization of Europe is chiefly owing to the ability which has been displayed by the different governments, and to the sagacity with which the evils of society have been palliated by legislative remedies. To any one who has studied history in its original sources, this notion must appear so extravagant, as to make it difficult to refute it with becoming gravity. Indeed, of all the social theories which have ever been broached, there is none so utterly untenable, and so unsound in all its parts, as this. In the first place, we have the obvious consideration, that the rulers of a country have, under ordinary circumstances, always been the inhabitants of that country; nurtured by its literature, bred to its traditions, and imbibing its prejudices. Such men are, at best, only the creatures of the age, never its creators. Their measures This may

are the result of social progress, not the cause of it. be proved, not only by speculative arguments, but also by a

Some of the results of Latin being colloquially employed by the monks are judiciously stated in Herder's Ideen zur Geschichte der Menschheit, vol. iv. pp. 202, 203. The remarks on this custom by Dugald Stewart refer to a later period. Stewart's Philosophy of the Mind, vol. iii. pp. 110, 111.

practical consideration, which any reader of history can verify for himself. No great political improvement, no great reform, either legislative or executive, has ever been originated in any country by its rulers. The first suggesters of such steps have invariably been bold and able thinkers, who discern the abuse, denounce it, and point out how it is to be remedied. But long after this is done, even the most enlightened governments continue to uphold the abuse, and reject the remedy. At length, if circumstances are favourable, the pressure from without becomes so strong, that the government is obliged to give way; and, the reform being accomplished, the people are expected to admire the wisdom of their rulers, by whom all this has been done. That this is the course of political improvement, must be well known to whoever has studied the law-books of different countries in connexion with the previous progress of their knowledge. Full and decisive evidence of this will be brought forward in the present work; but, by way of illustration, I may refer to the abolition of the cornlaws, undoubtedly one of the most remarkable facts in the history of England during this century. The propriety, and, indeed, the necessity, of their abolition, is now admitted by every one of tolerable information; and the question arises, as to how it was brought about. Those Englishmen who are little versed in the history of their country will say, that the real cause was the wisdom of Parliament; while others, attempting to look a little further, will ascribe it to the activity of the Anti-CornLaw League, and the consequent pressure put upon GovernBut whoever will minutely trace the different stages through which this great question successively passed, will find, that the Government, the Legislature, and the League, were the unwitting instruments of a power far greater than all other powers put together. They were simply the exponents of that march of public opinion, which on this subject had begun nearly a century before their time. The steps of this vast movement I shall examine on another occasion; at present it is enough to say, that soon after the middle of the eighteenth century, the absurdity of protective restrictions on trade was so fully demonstrated by the political economists, as to be admitted by every man who understood their arguments, and had mastered the evidence connected with them. From this moment, the repeal of the corn-laws became a matter, not of party, nor of expediency, but merely of knowledge. Those who knew the facts, opposed the laws; those who were ignorant of the facts, favoured the laws. It was, therefore, clear, that whenever the diffusion of knowledge reached a certain point, the laws must fall. The merit of the League was, to assist this diffusion; the merit of

ment.

the Parliament was, to yield to it. It is, however, certain, that the members both of League and Legislature could at best only slightly hasten what the progress of knowledge rendered inevitable. If they had lived a century earlier, they would have been altogether powerless, because the age would not have been ripe for their labours. They were the creatures of a movement which began long before any of them were born; and the utmost they could do was, to put into operation what others had taught, and repeat, in louder tones, the lessons they had learned from their masters. For, it was not pretended, they did not even pretend themselves, that there was any thing new in the doctrines which they preached from the hustings, and disseminated in every part of the kingdom. The discoveries had long since been made, and were gradually doing their work; encroaching upon old errors, and making proselytes in all directions. The reformers of our time swam with the stream: they aided what it would have been impossible long to resist. Nor is this to be deemed a slight or grudging praise of the services they undoubtedly rendered. The opposition they had to encounter was still immense; and it should always be remembered, as a proof of the backwardness of political knowledge, and of the incompetence of political legislators, that although the principles of free trade had been established for nearly a century by a chain of arguments as solid as those on which the truths of mathematics are based, they were to the last moment strenuously resisted; and it was only with the greatest difficulty that Parliament was induced to grant what the people were determined to have, and the necessity of which had been proved by the ablest men during three successive generations.

I have selected this instance as an illustration, because the facts connected with it are undisputed, and, indeed, are fresh in the memory of us all. For it was not concealed at the time, and posterity ought to know, that this great measure, which, with the exception of the Reform Bill, is by far the most important ever passed by a British parliament, was, like the Reform Bill, extorted from the legislature by a pressure from without; that it was conceded, not cheerfully, but with fear; and that it was carried by statesmen who had spent their lives in opposing what they now suddenly advocated. Such was the history of these events; and such likewise has been the history of all those improvements which are important enough to rank as epochs in the history of modern legislation.

Besides this, there is another circumstance worthy the attention of those writers who ascribe a large part of European civilization to measures originated by European governments. This is, that every great reform which has been effected, has consist

ed, not in doing something new, but in undoing something old The most valuable additions made to legislation have been enactments destructive of preceding legislation; and the best laws which have been passed, have been those by which some former laws were repealed. In the case just mentioned, of the cornlaws, all that was done was to repeal the old laws, and leave trade to its natural freedom. When this great reform was accomplished, the only result was, to place things on the same footing as if legislators had never interfered at all. Precisely the same remark is applicable to another leading improvement in modern legislation, namely, the decrease of religious persecution. This is unquestionably an immense boon; though, unfortunately, it is still imperfect, even in the most civilized countries. But it is evident that the concession merely consists in this that legislators have retraced their own steps, and undone their own work. If we examine the policy of the most humane and enlightened governments, we shall find this to be the course they have pursued. The whole scope and tendency of modern legislation is, to restore things to that natural channel from which the ignorance of preceding legislation has driven them. This is one of the great works of the present age; and if legislators do it well, they will deserve the gratitude of mankind. But though we may thus be grateful to individual lawgivers, we owe no thanks to lawgivers, considered as a class. For since the most valuable improvements in legislation are those which subvert preceding legislation, it is clear that the balance of good cannot be on their side. It is clear, that the progress of civilization cannot be due to those who, on the most important subjects, have done so much harm, that their successors are considered benefactors, simply because they reverse their policy, and thus restore affairs to the state in which they would have remained, if politicians had allowed them to run on in the course which the wants of society required.

Indeed, the extent to which the governing classes have interfered, and the mischiefs which that interference has produced, are so remarkable, as to make thoughtful men wonder how civilization could advance, in the face of such repeated obstacles. In some of the European countries, the obstacles have, in fact, proved insuperable, and the national progress is thereby stopped. Even in England, where, from causes which I shall presently relate, the higher ranks have for some centuries been less powerful than elsewhere, there has been inflicted an amount of evil, which, though much smaller than that incurred in other countries, is sufficiently serious to form a melancholy chapter in the history of the human mind. To sum up these evils, would be

to write a history of English legislation; for it may be broadly stated, that, with the exception of certain necessary enactments respecting the preservation of order, and the punishment of crime, nearly every thing which has been done, has been done amiss. Thus, to take only such conspicuous facts as do not admit of controversy, it is certain that all the most important interests have been grievously damaged by the attempts of legislators to aid them. Among the accessories of modern civilization, there is none of greater moment than trade, the spread of which has probably done more than any other single agent to increase the comfort and happiness of man. But every European government which has legislated much respecting trade, has acted as if its main object were to suppress the trade, and ruin the traders. Instead of leaving the national industry to take its own course, it has been troubled by an interminable series of regulations, all intended for its good, and all inflicting serious harm. To such a height has this been carried, that the commercial reforms which have distinguished England during the last twenty years, have solely consisted in undoing this mischievous and intrusive legislation. The laws formerly enacted on this subject, and too many of which are still in force, are marvellous to contemplate. It is no exaggeration to say, that the history of the commercial legislation of Europe presents every possible contrivance for hampering the energies of commerce. Indeed, a very high authority, who has maturely studied this subject, has recently declared, that if it had not been for smuggling, trade could not have been conducted, but must have perished, in consequence of this incessant interference. However paradoxical this assertion may appear, it will be denied by no one who knows how feeble trade once was, and how strong the obstacles were which opposed it. In every quarter, and at every moment, the hand of government was felt. Duties on importation, and duties on exportation; bounties to raise up a losing trade, and taxes to pull down a remunerative one; this branch of industry forbidden, and that branch of industry encouraged; one article of commerce must not be grown, because it was grown in the colonies, another article might be grown and bought, but not sold again, while a third article might be bought and sold, but not leave the country. Then, too, we find laws to regulate wages; laws to regulate prices; laws to regulate profits; laws

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40 “C'est à la contrebande que le commerce doit de n'avoir pas péri sous l'influence du régime prohibitif; tandis que ce régime condamnait les peuples à s'approvisionner aux sources les plus éloignées, la contrebande rapprochait les distances, abais sait les prix, et neutralisait l'action funeste des monopoles." Blanqui, Histoire de Economie Politique en Europe, Paris, 1845, vol. ji. pp. 25, 26.