The delay of the law is, your lordship will tell me, a trite topic, and which of its abuses have not been too severely felt not to be complained of? A man’s property is to serve for the purposes of his support; and therefore, to delay a determination concerning that, is the worst injustice, because it cuts off the very end and purpose for which I applied to the judicature for relief. Quite contrary in the case of a man’s life; there the determination can hardly be too much protracted. Mistakes in this case are as often fallen into as many other; and if the judgment is sudden, the mistakes are the most irretrievable of all others. Of this the gentlemen of the robe are themselves sensible, and they have brought it into a maxim.
De morte hominis nulla est cunctatio longa.
But what could have induced them to reverse the rules, and to contradict that reason which dictated them, I am utterly unable to guess. A point concerning property, which ought, for the reasons I have just mentioned, to be most speedily decided, frequently exercises the wit of successions of lawyers, for many generations.
Multa virûm volvens durando sæcula vincit.
But the question concerning a man’s life, that great question in which no delay ought to be counted tedious, is commonly determined in twenty-four hours at the utmost. It is not to be wondered at, that injustice and absurdity should be inseparable companions.
Ask of politicians the end for which laws were originally designed; and they will answer, that the laws were designed as a protection for the poor and weak, against the oppression of the rich and powerful. But surely no pretence can be so ridiculous; a man might as well tell me he has taken off my load, because he has changed the burden. If the poor man is not able to support his suit, according to the vexatious and expensive manner established in civilized countries, has not the rich as great an advantage over him as the strong has over the weak in a state of nature? But we will not place the state of nature, which is the reign of God, in competition with political society, which is the absurd usurpation of man. In a state of nature, it is true that a man of superior force may beat or rob me; but then it is true, that I am at full liberty to defend myself, or make reprisal by surprise or by cunning, or by any other way in which I may be superior to him. But in political society, a rich man may rob me in another way. I cannot defend myself; for money is the only weapon with which we are allowed to fight. And if I attempt to avenge myself the whole force of that society is ready to complete my ruin.
A good parson once said, that where mystery begins, religion ends. Cannot I say, as truly at least, of human laws, that where mystery begins, justice ends? It is hard to say, whether the doctors of law or divinity have made the greater advances in the lucrative business of mystery. The lawyers, as well as the theologians, have erected another reason besides natural reason; and the result has been, another justice besides natural justice. They have so bewildered the world and themselves in unmeaning forms and ceremonies, and so perplexed the plainest matters with metaphysical jargon, that it carries the highest danger to a man out of that profession, to make the least step without their advice and assistance. Thus, by confining to themselves the knowledge of the foundation of all men’s lives and properties, they have reduced all mankind into the most abject and servile dependence. We are tenants at the will of these gentlemen for everything; and a metaphysical quibble is to decide whether the greatest villain breathing shall meet his deserts, or escape with impunity, or whether the best man in the society shall not be reduced to the lowest and most despicable condition it affords. In a word, my lord, the injustice, delay, puerility, false refinement, and affected mystery of the law are such, that many who live under it come to admire and envy the expedition, simplicity, and equality of arbitrary judgments. I need insist the less on this article to your lordship, as you have frequently lamented the miseries derived to us from artificial law, and your candor is the more to be admired and applauded in this, as your lordship’s noble house has derived its wealth and its honors from that profession.
Before we finish our examination of artificial society, I shall lead your lordship into a closer consideration of the relations which it gives birth to, and the benefits, if such they are, which result from these relations. The most obvious division of society is into rich and poor; and it is no less obvious, that the number of the former bear a great disproportion to those of the latter. The whole business of the poor is to administer to the idleness, folly, and luxury of the rich; and that of the rich, in return, is to find the best methods of confirming the slavery and increasing the burdens of the poor. In a state of nature, it is an invariable law, that a man’s acquisitions are in proportion to his labors. In a state of artificial society, it is a law as constant and as invariable, that those who labor most enjoy the fewest things; and that those who labor not at all have the greatest number of enjoyments. A constitution of things this, strange and ridiculous beyond expression! We scarce believe a thing when we are told it, which we actually see before our eyes every day without being in the least surprised. I suppose that there are in Great Britain upwards of a hundred thousand people employed in lead, tin, iron, copper, and coal mines; these unhappy wretches scarce ever see the light of the sun; they are buried in the bowels of the earth; there they work at a severe and dismal task, without the least prospect of being delivered from it; they subsist upon the coarsest and worst sort of fare; they have their health miserably impaired, and their lives cut short, by being perpetually confined in the close vapor of these malignant minerals. A hundred thousand more at least are tortured without remission by the suffocating smoke, intense fires, and constant drudgery necessary in refining and managing the products of those mines. If any man informed us that two hundred thousand innocent persons were condemned to so intolerable slavery, how should we pity the unhappy sufferers, and how great would be our just indignation against those who inflicted so cruel and ignominious a punishment! This is an instance—I could not wish a stronger—of the numberless things which we pass by in their common dress, yet which shock us when they are nakedly represented. But this number, considerable as it is, and the slavery, with all its baseness and horror, which we have at home, is nothing to what the rest of the world affords of the same nature. Millions daily bathed in the poisonous damps and destructive effluvia of lead, silver, copper, and arsenic. To say nothing of those other employments, those stations of wretchedness and contempt, in which civil society has placed the numerous
enfans perdus
of her army. Would any rational man submit to one of the most tolerable of these drudgeries, for all the artificial enjoyments which policy has made to result from them? By no means. And yet need I suggest to your lordship, that those who find the means, and those who arrive at the end, are not at all the same persons? On considering the strange and unaccountable fancies and contrivances of artificial reason, I have somewhere called this earth the Bedlam of our system. Looking now upon the effects of some of those fancies, may we not with equal reason call it likewise the Newgate and the Bridewell of the universe? Indeed the blindness of one part of mankind co-operating with the frenzy and villany of the other, has been the real builder of this respectable fabric of political society: and as the blindness of mankind has caused their slavery, in return their state of slavery is made a pretence for continuing them in a state of blindness; for the politician will tell you gravely, that their life of servitude disqualifies the greater part of the race of man for a search of truth, and supplies them with no other than mean and insufficient ideas. This is but too true; and this is one of the reasons for which I blame such institutions.
In a misery of this sort, admitting some few lenitives, and those too but a few, nine parts in ten of the whole race of mankind drudge through life. It may be urged perhaps, in palliation of this, that at least the rich few find a considerable and real benefit from the wretchedness of the many. But is this so in fact? Let us examine the point with a little more attention. For this purpose the rich in all societies may be thrown into two classes. The first is of those who are powerful as well as rich, and conduct the operations of the vast political machine. The other is of those who employ their riches wholly in the acquisition of pleasure. As to the first sort, their continual care and anxiety, their toilsome days, and sleepless nights, are next to proverbial. These circumstances are sufficient almost to level their condition to that of the unhappy majority; but there are other circumstances which place them in a far lower condition. Not only their understandings labor continually, which is the severest labor, but their hearts are torn by the worst, most troublesome, and insatiable of all passions, by avarice, by ambition, by fear and jealousy. No part of the mind has rest. Power gradually extirpates from the mind every humane and gentle virtue. Pity, benevolence, friendship, are things almost unknown in high stations.
Verœ amicitiœ rarissime inveniuntur in iis qui in honoribus reque publica versantur,
says Cicero. And indeed courts are the schools where cruelty, pride, dissimulation, and treachery are studied and taught in the most vicious perfection. This is a point so clear and acknowledged, that if it did not make a necessary part of my subject, I should pass it by entirely And this has hindered me from drawing at full length, and in the most striking colors, this shocking picture of the degeneracy and wretchedness of human nature, in that part which is vulgarly thought its happiest and most amiable state.You know from what originals I could copy such pictures. Happy are they who know enough of them to know the little value of the possessors of such things, and of all that they possess; and happy they who have been snatched from that post of danger which they occupy with the remains of their virtue; loss of honors, wealth, tides, and even the loss of one’s country, is nothing in balance with so great an advantage.
Let us now view the other species of the rich, those who devote their time and fortunes to idleness and pleasure. How much happier are they? The pleasures which are agreeable to nature are within the reach of all, and therefore can form no distinction in favor of the rich. The pleasures which art forces up are seldom sincere, and never satisfying. What is worse, this constant application to pleasure takes away from the enjoyment, or rather turns it into the nature of a very burdensome and laborious business. It has consequences much more fatal. It produces a weak valetudinary state of body, attended by all those horrid disorders, and yet more horrid methods of cure, which are the result of luxury on the one hand, and the weak and ridiculous efforts of human art on the other. The pleasures of such men are scarcely felt as pleasures; at the same time that they bring on pains and diseases, which are felt but too severely. The mind has its share of the misfortune; it grows lazy and enervate, unwilling and unable to search for truth, and utterly uncapable of knowing, much less of relishing, real happiness. The poor by their excessive labor, and the rich by their enormous luxury, are set upon a level, and rendered equally ignorant of any knowledge which might conduce to their happiness. A dismal view of the interior of all civil society! The lower part broken and ground down by the most cruel oppression; and the rich by their artificial method of life bringing worse evils on themselves than their tyranny could possibly inflict on those below them. Very different is the prospect of the natural state. Here there are no wants which nature gives, and in this state men can be sensible of no other wants, which are not to be supplied by a very moderate degree of labor; therefore there is no slavery. Neither is there any luxury, because no single man can supply the materials of it. Life is simple, and therefore it is happy.
I am conscious, my lord, that your politician will urge in his defence, that this unequal state is highly useful. That without dooming some part of mankind to extraordinary toil, the arts which cultivate life could not be exercised. But I demand of this politician, how such arts came to be necessary? He answers, that civil society could not well exist without them. So that these arts are necessary to civil society, and civil society necessary again to these arts. Thus are we running in a circle, without modesty, and without end, and making one error and extravagance an excuse for the other. My sentiments about these arts and their cause, I have often discoursed with my friends at large. Pope has expressed them in good verse, where he talks with so much force of reason and elegance of language, in praise of the state of nature:
“Then was not pride, nor arts that pride to aid,
Man walked with beast, joint tenant of the shade. ”
On the whole, my lord, if political society, in whatever form, has still made the many the property of the few; if it has introduced labors unnecessary, vices and diseases unknown, and pleasures incompatible with nature; if in all countries it abridges the lives of millions, and renders those of millions more utterly abject and miserable, shall we still worship so destructive an idol, and daily sacrifice to it our health, our liberty, and our peace? Or shall we pass by this monstrous heap of absurd notions, and abominable practices, thinking we have sufficiently discharged our duty in exposing the trifling cheats, and ridiculous juggles of a few mad, designing, or ambitious priests? Alas! my lord, we labor under a mortal consumption, whilst we are so anxious about the cure of a sore finger. For has not this leviathan of civil power overflowed the earth with a deluge of blood, as if he were made to disport and play therein? We have shown that political society, on a moderate calculation, has been the means of murdering several times the number of inhabitants now upon the earth, during its short existence, not upwards of four thousand years in any accounts to be depended on. But we have said nothing of the other, and perhaps as bad, consequence of these wars, which have spilled such seas of blood, and reduced so many millions to a merciless slavery. But these are only the ceremonies performed in the porch of the political temple. Much more horrid ones are seen as you enter it. The several species of government vie with each other in the absurdity of their constitutions, and the oppression which they make their subjects endure. Take them under what form you please, they are in effect but a despotism, and they fall, both in effect and appearance too, after a very short period, into that cruel and detestable species of tyranny: which I rather call it, because we have been educated under another form, than that this is of worse consequences to mankind. For the free governments, for the point of their space, and the moment of their duration, have felt more confusion, and committed more flagrant acts of tyranny, than the most perfect despotic governments which we have ever known. Turn your eye next to the labyrinth of the law, and the iniquity conceived in its intricate recesses. Consider the ravages committed in the bowels of all commonwealths by ambition, by avarice, envy, fraud, open injustice, and pretended friendship; vices which could draw little support from a state of nature, but which blossom and flourish in the rankness of political society. Revolve our whole discourse; add to it all those reflections which your own good understanding shall suggest, and make a strenuous effort beyond the reach of vulgar philosophy, to confess that the cause of artificial society is more defenceless even than that of artificial religion; that it is as derogatory from the honor of the Creator, as subversive of human reason, and productive of infinitely more mischief to the human race.