Thomas Babington Macaulay

“ It may be thought a strange proposition that the bill against Duncombe was a worse bill than the bill against Fenwick, because the bill against Fenwick struck at life, and the bill against Duncombe struck only at property. Yet this apparent paradox is a sober truth. Life is indeed more precious than property. But the power of arbitrarily taking away the lives of men is infinitely less likely to be abused than the power of arbitrarily taking away their property. Even the lawless classes of society generally shrink from blood. They commit thousands of offences against property to one murder ”

“ No lawgiver had ever been able to devise a perfect and immortal form of government. Perils lay thick on the right and on the left; and to keep far from one evil was to draw near to another. That which, considered merely with reference to the internal polity of England, might be, to a certain extent, objectionable, might be absolutely essential to her rank among European Powers, and even to her independence. All that a statesman could do in such a case was to weigh inconveniences against each other, and carefully to observe which way the scale leaned. ”

“ While such was the feeling of the nation, the King was, both as a statesman and as a general, most unwilling to see that superb body of troops which he had formed with infinite difficulty broken up and dispersed. But, as to this matter, he could not absolutely rely on the support of his ministers; nor could his ministers absolutely rely on the support of that parliamentary majority whose attachment had enabled them to confront enemies abroad and to crush traitors at home, to restore a debased currency, and to fix public credit on deep and solid foundations. ”

“ At length Portland plainly avowed, always merely as his own private opinion, what was the opinion of every intelligent man who wished to preserve the peace of the world. "France is afraid," he said, "of every thing which can increase the power of the Emperor. All Europe is afraid of every thing which can increase the power of France. Why not put an end to all these uneasy feelings at once, by agreeing to place the Electoral Prince of Bavaria on the throne of Spain?" ”

“ Even in the first transports of joy with which the bearer of the treaty of Ryswick had been welcomed to England, men had eagerly and anxiously asked one another what was to be done with that army which had been famed in Ireland and Belgium, which had learned, in many hard campaigns, to obey and to conquer, and which now consisted of eighty-seven thousand excellent soldiers. ”

“ To curtail, for the benefit of a small privileged class, prerogatives which the Sovereign possesses and ought to possess for the benefit of the whole nation, was the object on which Spencer's heart was set. During many years he was restrained by older and wiser men; and it was not till those whom he had early been accustomed to respect had passed away, and till he was himself at the head of affairs, that he openly attempted to obtain for the hereditary nobility a precarious and invidious ascendency in the State, at the expense both of the Commons and of the Throne. ”

“ The Tories lost heart and hope. The joy of the Whigs was boundless. It was instantly moved that the Honourable Charles Montague, Esquire, Chancellor of the Exchequer, for his good services to this Government does deserve His Majesty's favour. The Opposition, completely cowed, did not venture to demand another division. Montague scornfully thanked them for the inestimable service which they had done him. But for their malice he never should have had the honour and happiness of being solemnly pronounced by the Commons of England a benefactor of his country. ”

“ In 1695, Spencer had taken his seat in the House of Commons as member for Tiverton, and had, during two sessions, conducted himself as a steady and zealous Whig.
The party to which he had attached himself might perhaps have reasonably considered him as a hostage sufficient to ensure the good faith of his father; for the Earl was approaching that time of life at which even the most ambitious and rapacious men generally toil rather for their children than for themselves. But the distrust which Sunderland inspired was such as no guarantee could quiet. ”

“ We naturally feel pity even for a bad man whose head is about to fall. But, when a bad man is compelled to disgorge his ill-gotten gains, we naturally feel a vindictive pleasure, in which there is much danger that we may be tempted to indulge too largely.
The hearts of many stout Whigs doubtless bled at the thought of what Fenwick must have suffered, the agonizing struggle, in a mind not of the firmest temper, between the fear of shame and the fear of death, the parting from a tender wife, and all the gloomy solemnity of the last morning. ”

“ Nor will any government not infatuated treat such a province as Canada or Victoria in the way in which it might be proper to treat a little band of emigrants who have just begun to build their huts on a barbarous shore, and to whom the protection of the flag of a great nation is indispensably necessary. Nevertheless, there cannot really be more than one supreme power in a society. If, therefore, a time comes at which the mother country finds it expedient altogether to abdicate her paramount authority over a colony, one of two courses ought to be taken. ”

“ They were not shocked by hearing the same man maintain, in the same breath, that, if twenty thousand professional soldiers were kept up, the liberty and property of millions of Englishmen would be at the mercy of the Crown, and yet that those millions of Englishmen, fighting for liberty and property, would speedily annihilate an invading army composed of fifty or sixty thousand of the conquerors of Steinkirk and Landen. ”

“ If, on the other hand, the spirit of the English people was such that they would, with little or no training, encounter and defeat the most formidable array of veterans from the continent, was it not absurd to apprehend that such a people could be reduced to slavery by a few regiments of their own countrymen? But our ancestors were generally so much blinded by prejudice that this inconsistency passed unnoticed. ”

“ The wealth of the great goldsmiths of the Royal Exchange would have become as insecure as that of a Jew under the Plantagenets, as that of a Christian under a Turkish Pasha. Rich men would have tried to invest their acquisitions in some form in which they could lie closely hidden and could be speedily removed. In no long time it would have been found that of all financial resources the least productive is robbery, and that the public had really paid far more dearly for Duncombe's hundreds of thousands than if it had borrowed them at fifty per cent. ”

“ The English people evidently wished to be at rest, and had given the best proof of their pacific disposition by insisting on the reduction of the army. The sure way to stir up jealousies and animosities which were just sinking to sleep would be to make the French embassy the head quarters of the Jacobite party. It would be wise in Tallard to say and to charge his agents to say, on all fit occasions, and particularly in societies where members of Parliament might be present, that the Most Christian King had never been an enemy of the liberties of England. ”

“ If an army composed of regular troops really was far more efficient than an army composed of husbandmen taken from the plough and burghers taken from the counter, how could the country be safe with no defenders but husbandmen and burghers, when a great prince, who was our nearest neighbour, who had a few months before been our enemy, and who might, in a few months, be our enemy again, kept up not less than a hundred and fifty thousand regular troops? ”

“ Nay, the bill of pains and penalties which now had an easy passage through the House of Commons was infinitely more objectionable than the bill which had been so obstinately resisted at every stage in the preceding session.
The writ of attainder against Fenwick was not, as the vulgar imagined and still imagine, objectionable because it was retrospective. It is always to be remembered that retrospective legislation is bad in principle only when it affects the substantive law. Statutes creating new crimes or increasing the punishment of old crimes ought in no case to be retrospective. ”

“ It was idle to repeat the names of great battles won, in the middle ages, by men who did not make war their chief calling; those battles proved only that one militia might beat another, and not that a militia could beat a regular army. ”

“ Indeed one of the principal uses of the Upper House is to defend the vested rights of property in cases in which those rights are unpopular, and are attacked on grounds which to shortsighted politicians seem valid. An assembly composed of men almost all of whom have inherited opulence, and who are not under the necessity of paying court to constituent bodies, will not easily be hurried by passion or seduced by sophistry into robbery. As soon as the bill for punishing Duncombe had been read at the table of the Peers, it became clear that there would be a sharp contest. ”

“ The regiments which defend the remote dependencies of the Crown cannot be duly recruited and relieved, unless a force far larger than that which James collected in the camp at Hounslow for the purpose of overawing his capital be constantly kept up within the kingdom. The old national antipathy to permanent military establishments, an antipathy which was once reasonable and salutary, but which lasted some time after it had become unreasonable and noxious, has gradually yielded to the irresistible force of circumstances. ”

“ The young lord's imagination had been fascinated by those swelling sentiments of liberty which abound in the Latin poets and orators; and he, like those poets and orators, meant by liberty something very different from the only liberty which is of importance to the happiness of mankind. Like them, he could see no danger to liberty except from kings. A commonwealth, oppressed and pillaged by such men as Opimius and Verres, was free, because it had no king. ”

“ If the bill had passed, if the gentry and yeomanry of the kingdom had found that it was possible for them to obtain a welcome remission of taxation by imposing on a Shylock or an Overreach, by a retrospective law, a fine not heavier than his misconduct might, in a moral view, seem to have deserved, it is impossible to believe that they would not soon have recurred to so simple and agreeable a resource. In every age it is easy to find rich men who have done bad things for which the law has provided no punishment or an inadequate punishment. ”

“ What he recommended was, not a standing, but a temporary army, an army of which Parliament would annually fix the number, an army for which Parliament would annually frame a military code, an army which would cease to exist as soon as either the Lords or the Commons should think that its services were not needed. From such an army surely the danger to public liberty could not by wise men be thought serious. On the other hand, the danger to which the kingdom would be exposed if all the troops were disbanded was such as might well disturb the firmest mind. ”

“ It might have been expected that France would have been the first object of his curiosity. For the grace and dignity of the French King, the splendour of the French Court, the discipline of the French armies, and the genius and learning of the French writers, were then renowned all over the world. But the Czar's mind had early taken a strange ply which it retained to the last. His empire was of all empires the least capable of being made a great naval power. The Swedish provinces lay between his States and the Baltic. ”

“ We might be appalled by learning that ships from widely remote parts, and troops from widely remote garrisons, had assembled at a single point within sight of our coast. To trust to our fleet was to trust to the winds and the waves. The breeze which was favourable to the invader might prevent our men of war from standing out to sea. Only nine years ago this had actually happened. The Protestant wind, before which the Dutch armament had run full sail down the Channel, had driven King James's navy back into the Thames. It must then be acknowledged to be not improbable that the enemy might land. ”

“ Indeed the testimony of the House of Commons in its collective character was of less value than the uncontradicted testimony of a single member. For it was only the testimony of the majority of the House. There might be a large respectable minority whose recollections might materially differ from the recollections of the majority. This indeed was actually the case. For there had been a dispute among those who had heard Duncombe's confession as to the precise extent of what he had confessed ”

“ The colony in Ireland was therefore emphatically a dependency; a dependency, not merely by the common law of the realm, but by the nature of things. It was absurd to claim independence for a community which could not cease to be dependent without ceasing to exist.
Molyneux soon found that he had ventured on a perilous undertaking. A member of the English House of Commons complained in his place that a book which attacked the most precious privileges of the supreme legislature was in circulation. ”

“ The doctrine that the parent state has supreme power over the colonies is not only borne out by authority and by precedent, but will appear, when examined, to be in entire accordance with justice and with policy. During the feeble infancy of colonies independence would be pernicious, or rather fatal, to them. Undoubtedly, as they grow stronger and stronger, it will be wise in the home government to be more and more indulgent. No sensible parent deals with a son of twenty in the same way as with a son of ten. ”

“ Portland, though strictly honest, was covetous; Albemarle was generous. Portland had been naturalised here only in name and form; but Albemarle affected to have forgotten his own country, and to have become an Englishman in feelings and manners. The palace was soon disturbed by quarrels in which Portland seems to have been always the aggressor, and in which he found little support either among the English or among his own countrymen. William, indeed, was not the man to discard an old friend for a new one. He steadily gave, on all occasions, the preference to the companion of his youthful days. ”

“ Those who concurred in the proceeding against Duncombe tried to vindicate their conduct by citing as an example the proceeding against Fenwick. So dangerous is it to violate, on any pretence, those principles which the experience of ages has proved to be the safeguards of all that is most precious to a community. Twelve months had hardly elapsed since the legislature had, in very peculiar circumstances, and for very plausible reasons, taken upon itself to try and to punish a great criminal whom it was impossible to reach in the ordinary course of justice ”

“ Even his predecessors, however, had considered it as their duty to study the temper, not only of the Court, but of the nation. It would now be more than ever necessary to watch the movements of the public mind. A man of note was not to be slighted merely because he was out of place. Such a man, with a great name in the country and a strong following in Parliament, might exercise as much influence on the politics of England, and consequently of Europe, as any minister. The Ambassador must therefore try to be on good terms with those who were out as well as with those who were in. ”

“ Already one most remarkable experiment had been tried on this strange empire. A small fragment, hardly a three hundredth part of the whole in extent, hardly a thirtieth part of the whole in population, had been detached from the rest, had from that moment begun to display a new energy and to enjoy a new prosperity, and was now, after the lapse of a hundred and twenty years, far more feared and reverenced than the huge mass of which it had once been an obscure corner. ”

“ Nothing could have been more proper than to pass a prospective statute tying up in strict entail the little which still remained of the Crown property. But to annul by a retrospective statute patents, which in Westminster Hall were held to be legally valid, would have been simply robbery. Such robbery must necessarily have made all property insecure; and a statesman must be short-sighted indeed who imagines that what makes property insecure can really make society prosperous. ”

“ The jealousy of commerce, however, is as fanciful and unreasonable as the jealousy of love. The clothiers of Wilts and Yorkshire were weak enough to imagine that they should be ruined by the competition of a half barbarous island, an island where there was far less capital than in England, where there was far less security for life and property than in England, and where there was far less industry and energy among the labouring classes than in England. ”

“ Suppose a war with the greatest power in Christendom to break out suddenly, and to find us without one battalion of regular infantry, without one squadron of regular cavalry; what disasters might we not reasonably apprehend? It was idle to say that a descent could not take place without ample notice, and that we should have time to raise and discipline a great force. ”