Let there be no doubt of it: religions are the cradles of despotism: the foremost amongst all the despots was a priest: the first king and the first emperor of Rome, Numa and Augustus, associated themselves, the one and the other, with the sacerdotal; Constantine and Clovis were rather abbots than sovereigns; Heliogabalus was priest of the sun. At all times, in every century, every age, there has been such a connection between despotism and religion that it is infinitely apparent and demonstrated a thousand times over, that in destroying one, the other must be undermined, for the simple reason that the first will always put the law into the service of the second. I do not, however, propose either massacres or expulsions. Such dreadful things have no place in the enlightened mind. No, do not assassinate at all, do not expel at all; these are royal atrocities, or the brigands’ who imitate kings; it is not at all by acting as they that you will force men to look with horror upon them who practiced those crimes. Let us reserve the employment of force for the idols; ridicule alone will suffice for those who serve them: Julian’s sarcasm wrought greater damage to Christianity than all Nero’s tortures. Yes, we shall destroy for all time any notion of a god, and make soldiers of his priests; a few of them are already; let them keep to this trade, soldiering, so worthy of a republican; but let them give us no more of their chimerical being nor of his nonsense-filled religion, the single object of our scorn.
Let us condemn the first of those blessed charlatans who comes to us to say a few more words either of god or of religion, let us condemn him to be jeered at, ridiculed, covered with filth in all the public squares and marketplaces in France’s largest cities: imprisonment for life will be the reward of whosoever falls a second time into the same error. Let the most insulting blasphemy, the most atheistic works next be fully and openly authorized, in order to complete the extirpation from the human heart and memory of those appalling pastimes of our childhood; let there be put in circulation the writings most capable of finally illuminating the Europeans upon a matter so important, and let a considerable prize, to be bestowed by the Nation, be awarded to him who, having said and demonstrated everything upon this score, will leave to his countrymen no more than a scythe to mow the land clean of all those phantoms, and a steady heart to hate them. In six months, the whole will be done; your infamous god will be as naught, and all that without ceasing to be just, jealous of the esteem of others without ceasing to be honest men; for it will have been sensed that the real friend of his country must in no way be led about by chimeras, as is the slave of kings; that it is not, in a word, either the frivolous hope of a better world nor fear of the greatest ills Nature sends us that must lead a republican, whose only guide is virtue and whose one restraint is conscience.
MANNERS
After having made it clear that theism is in no wise suitable to a republican government, it seems to me necessary to prove that French manners are equally unsuitable to it. This article is the more crucial, for the laws to be promulgated will issue from manners, and will mirror them.
Frenchmen, you are too intelligent to fail to sense that new government will require new manners. That the citizens of a free State conduct themselves like a despotic king’s slaves is unthinkable: the differences of their interests, of their duties, of their relations amongst one another essentially determine an entirely different manner of behaving in the world; a crowd of minor faults and of little social indelicacies, thought of as very fundamental indeed under the rule of kings whose expectations rose in keeping with the need they felt to impose curbs in order to appear respectable and unapproachable to their subjects, are due to become as nothing with us; other crimes with which we are acquainted under the names of regicide and sacrilege, in a system where kings and religion will be unknown, in the same way must be annihilated in a republican State. In according freedom of conscience and of the press, consider, citizens—for it is practically the same thing—whether freedom of action must not be granted too: excepting direct clashes with the underlying principles of government, there remain to you it is impossible to say how many fewer crimes to punish, because in fact there are very few criminal actions in a society whose foundations are liberty and equality. Matters well weighed and things closely inspected, only that is really criminal which rejects the law; for Nature, equally dictating vices and virtues to us, in reason of our constitution, yet more philosophically, in reason of the need Nature has of the one and the other, what she inspires in us would become a very reliable gauge by which to adjust exactly what is good and bad. But, the better to develop my thoughts upon so important a question, we will classify the different acts in man’s life that until the present it has pleased us to call criminal, and we will next square them to the true obligations of a republican.
In every age, the duties of man have been considered under the following three categories:
1. Those his conscience and his credulity impose upon him, with what regards a supreme being;
2. Those he is obliged to fulfill toward his brethren;
3. Finally, those that relate only to himself.
The certainty in which we must be that no god meddles in our affairs and that, as necessary creatures of Nature, like plants and animals, we are here because it would be impossible for us not to be—, this unshakable certainty, it is clear enough, at one stroke erases the first group of duties, those, I wish to say, toward the divinity to which we erroneously believe ourselves beholden; and with them vanish all religious crimes, all those comprehended under the indefinite names of impiety, sacrilege, blasphemy, atheism, etc., all those, in brief, which Athens so unjustly punished in Alcibiades, and France in the unfortunate Labarre. If there is anything extravagant in this world it is to see men, in whom only shallowness of mind and poverty of ideas give rise to a notion of god and to what this god expects of them, nevertheless wish to determine what pleases and what angers their imagination’s ridiculous phantom. It would hence not be merely to tolerate indifferently each of the cults that I should like to see us limit ourselves; I should like there to be perfect freedom to deride them all; I should like men, gathered in no matter what temple to invoke the eternal who wears their image, to be seen as so many comics in a theater, at whose antics everyone may go to laugh. Regarded in any other light, religions become serious, and then important once again; they will soon stir up and patronize opinions, and no sooner will people fall to disputing over religions than some will be beaten into favoring religions.12 Equality once wrecked by the preference or protection tendered one of them, the government will soon disappear, and out of the reconstituted theocracy the aristocracy will be reborn in a trice. I cannot repeat it to you too often: no more gods, Frenchmen, no more gods, lest under their fatal influence you wish to be plunged back into all the horrors of despotism; but it is only by jeering that you will destroy them; all the dangers they bring in their wake will instantly be revived en masse if you pamper or ascribe any consequence to them. Carried away by anger, you overthrow their idols? Not for a minute; have a bit of sport with them, and they will crumble to bits; once withered, the opinion will collapse of its own accord.
I trust I have said enough to make plain that no laws ought to be decreed against religious crimes, for that which offends an illusion offends nothing, and it would be the height of inconsistency to punish those who outrage or who despise a creed or a cult whose priority to all others is established by no evidence whatsoever. No, that would necessarily be to exhibit a partiality and, consequently, to influence the scales of equality, that foremost law of your new government.
We move on to the second class of man’s duties, those which bind him to his fellows; this is of all the classes the most extensive.
Excessively vague upon man’s relations with his brothers, Christian morals propose bases so filled with sophistries that we are completely unable to accept them, since, if one is pleased to erect principles, one ought scrupulously to guard against founding them upon sophistries. This absurd morality tells us to love our neighbor as ourselve
s. Assuredly, nothing would be more sublime were it ever possible for what is false to be beautiful. The point is not at all to love one’s brethren as oneself, since that is in defiance of all the laws of Nature, and since hers is the sole voice which must direct all the actions in our life; it is only a question of loving others as brothers, as friends given us by Nature, and with whom we should be able to live much better in a republican State, wherein the disappearance of distances must necessarily tighten the bonds.
May humanity, fraternity, benevolence prescribe our reciprocal obligations, and let us individually fulfill them with the simple degree of energy Nature has given us to this end; let us do so without blaming, and above all without punishing, those who, of chillier temper or more acrimonious humor, do not notice in these yet very touching social ties all the sweetness and gentleness others discover therein; for, it will be agreed, to seek to impose universal laws would be a palpable absurdity: such a proceeding would be as ridiculous as that of the general who would have all his soldiers dressed in a uniform of the same size; it is a terrible injustice to require that men of unlike character all be ruled by the same law: what is good for one is not at all good for another.
That we cannot devise as many laws as there are men must be admitted; but the laws can be lenient, and so few in number, that all men, of whatever character, can easily observe them. Furthermore, I would demand that this small number of laws be of such a sort as to be adaptable to all the various characters; they who formulate the code should follow the principle of applying more or less, according to the person in question. It has been pointed out that there are certain virtues whose practice is impossible for certain men, just as there are certain remedies which do not agree with certain constitutions. Now, would it not be to carry your injustice beyond all limits were you to send the law to strike the man incapable of bowing to the law? Would your iniquity be any less here than in a case where you sought to force the blind to distinguish amongst colors?
From these first principles there follows, one feels, the necessity to make flexible, mild laws and especially to get rid forever of the atrocity of capital punishment, because the law which attempts a man’s life is impractical, unjust, inadmissible. Not, and it will be clarified in the sequel, that we lack an infinite number of cases where, without offense to Nature (and this I shall demonstrate), men have freely taken one another’s lives, simply exercising a prerogative received from their common mother; but it is impossible for the law to obtain the same privileges, since the law, cold and impersonal, is a total stranger to the passions which are able to justify in man the cruel act of murder. Man receives his impressions from Nature, who is able to forgive him this act; the law, on the contrary, always opposed as it is to Nature and receiving nothing from her, cannot be authorized to permit itself the same extravagances: not having the same motives, the law cannot have the same rights. Those are wise and delicate distinctions which escape many people, because very few of them reflect; but they will be grasped and retained by the instructed to whom I recommend them, and will, I hope, exert some influence upon the new code being readied for us.
The second reason why the death penalty must be done away with is that it has never repressed crime; for crime is every day committed at the foot of the scaffold. This punishment is to be got rid of, in a word, because it would be difficult to conceive of a poorer calculation than this, by which a man is put to death for having killed another: under the present arrangement the obvious result is not one man the less but, of a sudden, two; such arithmetic is in use only amongst headsmen and fools. However all that may be, the injuries we can work against our brothers may be reduced to four types: calumny; theft; the crimes which, caused by impurity, may in a disagreeable sense affect others; and murder.
All these were acts considered of the highest importance under the monarchy; but are they quite so serious in a republican State? That is what we are going to analyze with the aid of philosophy’s torch, for by its light alone may such an inquiry be undertaken. Let no one tax me with being a dangerous innovator; let no one say that by my writings I seek to blunt the remorse in evildoers’ hearts, that my humane ethics are wicked because they augment those same evildoers’ penchant for crime. I wish formally to certify here and now, that I have none of these perverse intentions; I set forth the ideas which, since the age when I first began to reason, have identified themselves in me, and to whose expression and realization the infamous despotism of tyrants has been opposed for uncounted centuries. So much the worse for those susceptible to corruption by any idea; so much the worse for them who fasten upon naught but the harmful in philosophic opinions, who are likely to be corrupted by everything. Who knows? They may have been poisoned by reading Seneca and Charron. It is not to them I speak; I address myself only to people capable of hearing me out, and they will read me without any danger.
It is with utmost candor I confess that I have never considered calumny an evil, and especially in a government like our own, under which all of us, bound closer together, nearer one to the other, obviously have a greater interest in becoming acquainted with one another. Either one or the other: calumny attaches to a truly evil man, or it falls upon a virtuous creature. It will be agreed that, in the first case, it makes little difference if one imputes a little more evil to a man known for having done a great deal of it; perhaps indeed the evil which does not exist will bring to light evil which does, and there you have him, the malefactor, more fully exposed than ever before.
We will suppose now that an unwholesome influence reigns over Hanover, but that in repairing to that city where the air is insalubrious, I risk little worse than a bout of fever; may I reproach the man who, to prevent me from going to Hanover, tells me that one perishes upon arriving there? No, surely not; for, by using a great evil to frighten me, he spared me a lesser one.
If, on the contrary, a virtuous man is calumniated, let him not be alarmed; he need but exhibit himself, and all the calumniator’s venom will soon be turned back upon the latter. For such a person, calumny is merely a test of purity whence his virtue emerges more resplendent than ever. As a matter of fact, his individual ordeal may profit the cause of virtue in the republic, and add to its sum; for this virtuous and sensitive man, stung by the injustice done him, will apply himself to the cultivation of still greater virtue; he will want to overcome this calumny from which he thought himself sheltered, and his splendid actions will acquire a correspondingly greater degree of energy. Thus, in the first instance, the calumniator produces quite favorable results by inflating the vices of the dangerous object of his attacks; in the second, the results achieved are excellent, for virtue is obliged to offer itself to us entire.
Well now, I am at a loss to know for what reason the calumniator deserves your fear, especially under a regime where it is essential to identify the wicked, and to augment the energy of the good. Let us hence very carefully avoid any declarations prejudicial to calumny; we will consider it both a lantern and a stimulant, and in either case something highly useful. The legislator, all of whose ideas must be as large as the work he undertakes is great, must never be concerned with the effect of that crime which strikes only the individual. It is the general, overall effect he must study; and when in this manner he observes the effects calumny produces, I defy him to find anything punishable in it. I defy him to find any shadow or hint of justice in the law that would punish it; our legislator becomes the man of greatest justice and integrity if, on the contrary, he encourages and rewards it.
Theft is the second of the moral offenses whose examination we proposed.
If we glance at the history of ancient times, we will see theft permitted, nay, recompensed in all the Greek republics; Sparta and Lacedaemon openly favored it; several other peoples regarded it as a virtue in a warrior; it is certain that stealing nourishes courage, strength, skill, tact, in a word, all the virtues useful to a republican system and consequently to our own. Lay partiality aside, and answer me: is theft, whose effect
is to distribute wealth more evenly, to be branded as a wrong in our day, under our government which aims at equality? Plainly, the answer is no: it furthers equality and, what is more, renders more difficult the conservation of property. There was once a people who punished not the thief but him who allowed himself to be robbed, in order to teach him to care for his property. This brings us to reflections of a broader scope.
God forbid that I should here wish to assail the pledge to respect property the Nation has just given; but will I be permitted some remarks upon the injustice of this pledge? What is the spirit of the vow taken by all a nation’s individuals? Is it not to maintain a perfect equality amongst citizens, to subject them all equally to the law protecting the possessions of all? Well, I ask you now whether that law is truly just which orders the man who has nothing to respect another who has everything? What are the elements of the social contract? Does it not consist in one’s yielding a little of his freedom and of his wealth in order to assure and sustain the preservation of each?
Upon those foundations all the laws repose; they justify the punishments inflicted upon him who abuses his liberty; in the same way, they authorize the imposition of conditions; these latter prevent a citizen from protesting when these things are demanded of him, because he knows that by means of what he gives, the rest of what he has is safeguarded for him; but, once again, by what right will he who has nothing be enchained by an agreement which protects only him who has everything? If, by your pledge, you perform an act of equity in protecting the property of the rich, do you not commit one of unfairness in requiring this pledge of the owner who owns nothing? What advantage does the latter derive from your pledge? and how can you expect him to swear to something exclusively beneficial to someone who, through his wealth, differs so greatly from him? Certainly, nothing is more unjust: an oath must have an equal effect upon all the individuals who pronounce it; that it bind him who has no interest in its maintenance is impossible, because it would no longer be a pact amongst free men; it would be the weapon of the strong against the weak, against whom the latter would have to be in incessant revolt. Well, such, exactly, is the situation created by the pledge to respect property the Nation has just required all the citizens to subscribe to under oath; by it only the rich enchain the poor, the rich alone benefit from a bargain into which the poor man enters so thoughtlessly, failing to see that through this oath wrung from his good faith, he engages himself to do a thing that cannot be done with respect to himself.