The History of Freedom, and Other Essays. Acton John Emerich Edward Dalberg Acton, Baron
to the Pope. It was consistent with the democratic principle to introduce election into the Church. It involved a breach with Rome; but so, indeed, did the laws of Joseph II., Charles III., and Leopold. The Pope was not likely to cast away the friendship of France, if he could help it; and the French clergy were not likely to give trouble by their attachment to Rome. Therefore, amid the indifference of many, and against the urgent, and probably sincere, remonstrances of Robespierre and Marat, the Jansenists, who had a century of persecution to avenge, carried the Civil Constitution. The coercive measures which enforced it led to the breach with the King, and the fall of the monarchy; to the revolt of the provinces, and the fall of liberty. The Jacobins determined that public opinion should not reign, that the State should not remain at the mercy of powerful combinations. They held the representatives of the people under control, by the people itself. They attributed higher authority to the direct than to the indirect voice of the democratic oracle. They armed themselves with power to crush every adverse, every independent force, and especially to put down the Church, in whose cause the provinces had risen against the capital. They met the centrifugal federalism of the friends of the Gironde by the most resolute centralisation. France was governed by Paris; and Paris by its municipality and its mob. Obeying Rousseau's maxim, that the people cannot delegate its power, they raised the elementary constituency above its representatives. As the greatest constituent body, the most numerous accumulation of primary electors, the largest portion of sovereignty, was in the people of Paris, they designed that the people of Paris should rule over France, as the people of Rome, the mob as well as the senate, had ruled, not ingloriously, over Italy, and over half the nations that surround the Mediterranean. Although the Jacobins were scarcely more irreligious than the Abbé Sieyès or Madame Roland, although Robespierre wanted to force men to believe in God, although Danton went to confession and Barère was a professing Christian, they imparted to modern democracy that implacable hatred of religion which contrasts so strangely with the example of its Puritan prototype.
The deepest cause which made the French Revolution so disastrous to liberty was its theory of equality. Liberty was the watchword of the middle class, equality of the lower. It was the lower class that won the battles of the third estate; that took the Bastille, and made France a constitutional monarchy; that took the Tuileries, and made France a Republic. They claimed their reward. The middle class, having cast down the upper orders with the aid of the lower, instituted a new inequality and a privilege for itself. By means of a taxpaying qualification it deprived its confederates of their vote. To those, therefore, who had accomplished the Revolution, its promise was not fulfilled. Equality did nothing for them. The opinion, at that time, was almost universal, that society is founded on an agreement which is voluntary and conditional, and that the links which bind men to it are terminable, for sufficient reason, like those which subject them to authority. From these popular premises the logic of Marat drew his sanguinary conclusions. He told the famished people that the conditions on which they had consented to bear their evil lot, and had refrained from violence, had not been kept to them. It was suicide, it was murder, to submit to starve and to see one's children starving, by the fault of the rich. The bonds of society were dissolved by the wrong it inflicted. The state of nature had come back, in which every man had a right to what he could take. The time had come for the rich to make way for the poor. With this theory of equality, liberty was quenched in blood, and Frenchmen became ready to sacrifice all other things to save life and fortune.
Twenty years after the splendid opportunity that opened in 1789, the reaction had triumphed everywhere in Europe; ancient constitutions had perished as well as new; and even England afforded them neither protection nor sympathy. The liberal, at least the democratic revival, came from Spain. The Spaniards fought against the French for a king, who was a prisoner in France. They gave themselves a constitution, and placed his name at the head of it. They had a monarchy, without a king. It required to be so contrived that it would work in the absence, possibly the permanent absence, of the monarch. It became, therefore, a monarchy only in name, composed, in fact, of democratic forces. The constitution of 1812 was the attempt of inexperienced men to accomplish the most difficult task in politics. It was smitten with sterility. For many years it was the standard of abortive revolutions among the so-called Latin nations. It promulgated the notion of a king who should flourish only in name, and should not even discharge the humble function which Hegel assigns to royalty, of dotting i's for the people.
The overthrow of the Cadiz constitution, in 1823, was the supreme triumph of the restored monarchy of France. Five years later, under a wise and liberal minister, the Restoration was advancing fairly on the constitutional paths, when the incurable distrust of the Liberal party defeated Martignac, and brought in the ministry of extreme royalists that ruined the monarchy. In labouring to transfer power from the class which the Revolution had enfranchised to those which it had overthrown, Polignac and La Bourdonnaie would gladly have made terms with the working men. To break the influence of intellect and capital by means of universal suffrage, was an idea long and zealously advocated by some of their supporters. They had not foresight or ability to divide their adversaries, and they were vanquished in 1830 by the united democracy.
The promise of the Revolution of July was to reconcile royalists and democrats. The King assured Lafayette that he was a republican at heart; and Lafayette assured France that Louis Philippe was the best of republics. The shock of the great event was felt in Poland, and Belgium, and even in England. It gave a direct impulse to democratic movements in Switzerland.
Swiss democracy had been in abeyance since 1815. The national will had no organ. The cantons were supreme; and governed as inefficiently as other governments under the protecting shade of the Holy Alliance. There was no dispute that Switzerland called for extensive reforms, and no doubt of the direction they would take. The number of the cantons was the great obstacle to all improvement. It was useless to have twenty-five governments in a country equal to one American State, and inferior in population to one great city. It was impossible that they should be good governments. A central power was the manifest need of the country. In the absence of an efficient federal power, seven cantons formed a separate league for the protection of their own interests. Whilst democratic ideas were making way in Switzerland, the Papacy was travelling in the opposite direction, and showing an inflexible hostility for ideas which are the breath of democratic life. The growing democracy and the growing Ultramontanism came into collision. The Sonderbund could aver with truth that there was no safety for its rights under the Federal Constitution. The others could reply, with equal truth, that there was no safety for the constitution with the Sonderbund. In 1847, it came to a war between national sovereignty and cantonal sovereignty. The Sonderbund was dissolved, and a new Federal Constitution was adopted, avowedly and ostensibly charged with the duty of carrying out democracy, and repressing the adverse influence of Rome. It was a delusive imitation of the American system. The President was powerless. The Senate was powerless. The Supreme Court was powerless. The sovereignty of the cantons was undermined, and their power centred in the House of Representatives. The Constitution of 1848 was a first step towards the destruction of Federalism. Another and almost a final step in the direction of centralisation was taken in 1874. The railways, and the vast interests they created, made the position of the cantonal governments untenable. The conflict with the Ultramontanes increased the demand for vigorous action; and the destruction of State Rights in the American war strengthened the hands of the Centralists. The Constitution of 1874 is one of the most significant works of modern democracy. It is the triumph of democratic force over democratic freedom. It overrules not only the Federal principle, but the representative principle. It carries important measures away from the Federal Legislature to submit them to the votes of the entire people, separating decision from deliberation. The operation is so cumbrous as to be generally ineffective. But it constitutes a power such as exists, we believe, under the laws of no other country. A Swiss jurist has frankly expressed the spirit of the reigning system by saying, that the State is the appointed conscience of the nation.
The moving force in Switzerland has been democracy relieved of all constraint, the principle of putting in action the greatest force of the greatest number. The prosperity of the country has prevented complications such as arose in France. The ministers of Louis Philippe, able and enlightened men, believed that they would make the people prosper if they could have their own way, and could shut out public opinion. They acted as if the intelligent middle class was destined by heaven to govern. The upper class had proved its unfitness before 1789; the lower