The Eve of the French RevolutionLowell, Edward J. (Edward Jackson)
History
The Eve of the French Revolution
Lowell, Edward J. (Edward Jackson)
France -- History -- Revolution, 1789-1799 -- Causes; France -- Social conditions -- 18th century
There are in every state three kinds of power, the legislative, the
executive, and the judicial. Political liberty in a citizen is the
tranquillity of mind which comes from the opinion he has of his own
security; and to give him this liberty the government must be such that
no citizen can be afraid of another. Now this security can exist only
where the legislative, executive, and judicial powers are in different
hands. In most of the monarchies of Europe the government is limited,
because the prince, who has the first two powers, leaves the third to
others; he makes laws and executes them, but he appoints other men to
act as judges in his place. In the republics of Italy all three powers
are united. The same body of magistrates makes the laws, executes them,
and judges every citizen according to its pleasure; such a body is as
despotic as an eastern prince.[Footnote: This judgment is somewhat
softened as to Venice. The most conspicuous example in modern times of
the tyranny of a single popular body is that of France under the
Convention.] The judicial power, says Montesquieu (with the English jury
in his mind), should not be given to a permanent senate, but exercised
by persons drawn from the body of the people, forming a tribunal which
lasts only as long as necessity may require it. In serious cases the
criminal should combine with the law to choose his judges, or at least
should have a right of challenge. The legislative and executive powers
can with less danger be given to permanent bodies, because they are not
exercised against individuals. He then commends representative
government and the freedom left to members of Parliament in the English
system. He believes the people more capable of choosing representatives
wisely than of deciding questions, an opinion on which modern experience
may have thrown some doubt. He approves of the existence of a second
chamber, composed of persons distinguished by birth, wealth, or honors;
for if such were mixed with the people and given only one vote apiece
like the others, the common liberty would be their slavery, and they
would have no interest in defending it, because it would oftenest be
turned against themselves.[Footnote: Montesq., iv. 7 (liv. xi. c. 6).]
Public-domain text, read in full here on John Shaqi.
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