I have amused myself during the summer with some study of the
history of reaction in France, and flatter myself that I have
discovered the secret of its failure, and the great distinction
between its spirit and that of English Conservatism. But this by
the way; for I was going to say that I have found, in the writings
of one of the chief of the reactionary party, some very sensible
hints upon the subject I am discussing with you. Though in many
respects a dangerous teacher, and, I fear, a little jesuitical in
practice as well as in theory, I have been surprised to find the
Count de Maistre willing "to be as _his master_" on this point, and
to rest legitimacy very nearly on the sober principles of Burke.
He is far from the extravagances of Sir Robert Filmer, though
he often expresses, in a startling form, the temperate views of
English Anti-Jacobins. Thus he says, with evident relish of its
smart severity, _the people will always accept their masters, and
will never choose them_. Strongly and unpalatably put, but most
coincident with history, and not to be disputed by any admirer
of the glorious Revolution of 1688! I suspect the Frenchman made
his aphorism without stopping to ask whether it suited any other
case. But Burke has virtually said the same thing in his reply
to the Old Jewry doctrine of 1789, in which he so forcibly urges
the fact, that the settlement of the crown upon William and the
Georges "was not properly _a choice_, ... but an act of necessity,
in the strictest moral sense in which necessity can be taken."
Mary and the Hanoverians, then, were acknowledged by the nation,
in spite of itself, as legitimate sovereigns; and even William was
smuggled into the acknowledgment as _quasi_-legitimate. It is the
clear, reasonable, and truly English doctrine of Burke, that _the
constitution of a country makes its legitimate kings_; and that the
princes of the House of Brunswick, coming to the crown according to
constitutional law, at the date of their respective accessions, were
as legitimate as King James before he broke his coronation oaths,
and abdicated, _ipso facto_, his crown and hereditary rights. But
De Maistre talks more like the schoolmen, though he comes to the
same practical results. Constitutions, the native growth of their
respective countries, he would argue, are the ordinance of GOD; and
kings, though not the subjects of their people, are bound to do
homage to them, as, in a sense, divine. Legitimacy, therefore, is
the resultant of hereditary majesty and constitutional designation;
it being always understood that constitutional laws are never
written till after they become such by national necessities, which
are divine providences. Apply this to 1688. The Bill of Rights was
an unwritten part of the constitution even when James was crowned;
and so was the principle, that the king must not be a Papist, at
least in the government of his realms. Such, if I may so speak,
Public-domain text, read in full here on John Shaqi.
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