bottle of wine out of his cellar, or a billet of wood from his stack,
or an egg from his hen-house, at a profit of fifty per cent., not only
without scruple, but upon no other terms. It was as common as ordering
wine at a tavern, to call the servant of any man's establishment where
we happened to be quartered, and demand an account of the cellar, as
well as the price of the wine we selected!" This feeling existed, and
perhaps to the same extent, two centuries ago, in England. Not only did
the aristocracy think it a degradation to act the part of landlord with
respect to their own houses, but also, except in select cases, to
act that of tenant. Thus, the first Lord Brooke, (the famous Fulke
Greville,) writing to inform his next neighbor, a woman of rank, that
the house she occupied had been purchased by a London citizen, confesses
his fears that he shall in consequence lose so valuable a neighbor; for,
doubtless, he adds, your ladyship will not remain as tenant to "such a
fellow." And yet the man had notoriously held the office of Lord Mayor,
which made him, for the time, _Right Honorable_. The Italians of this
day make no scruple to let off the whole, or even part, of their fine
mansions to strangers.]
Yet what could be done? To have interfered with his conduct by an
express law, would be to infringe the sacred rights of property, and
to say, in effect, that a man should not do what he would with his own.
This would have been a remedy far worse than the evil to which it was
applied; nor could it have been possible so to shape the principle of
a law, as not to make it far more comprehensive than was desired. The
senator's trespass was in a matter of decorum; but the law would have
trespassed on the first principles of justice. Here, then, was a case
within the proper jurisdiction of the censor; he took notice, in his
public report, of the senator's error; or probably, before coming to
that extremity, he admonished him privately on the subject. Just as, in
England, had there been such an officer, he would have reproved those
men of rank who mounted the coach-box, who extended a public patronage
to the "fancy," or who rode their own horses at a race. Such a reproof,
however, unless it were made practically operative, and were powerfully
supported by the whole body of the aristocracy, would recoil upon its
author as a piece of impertinence, and would soon be resented as an
unwarrantable liberty taken with private rights; the censor would be
kicked, or challenged to private combat, according to the taste of the
parties aggrieved. The office is clearly in this dilemma: if the censor
is supported by the state, then he combines in his own person both
legislative and executive functions, and possesses a power which is
frightfully irresponsible; if, on the other hand, he is left to such
support as he can find in the prevailing spirit of manners, and the old
traditionary veneration for his sacred character, he stands very much
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