CHAPTER VII.

THE CENSORSHIP.

JUST as the declaration of the general will is made by the law, the declaration of public opinion is made by the censorship. Public opinion is a kind of law of which the censor is minister, and which he only applies to particular cases in the manner of the Prince.

The censorial tribunal, then, far from being the arbiter of the opinion of the people, only declares it, and so soon as it departs from this position, its decisions are fruitless and ineffectual.

It is useless to distinguish the character of a nation from the objects of its esteem, for all these things depend on the same principle and are necessarily intermixed. In all the nations of the world it is not nature but opinion which decides the choice of their pleasures. Reform men's opinions and their manners will be purified of themselves. People always like what is becoming or what they judge to be so; but it is in this judgment that they make mistakes; the question, then, is to guide their judgment. He who judges of manners judges of honor; and he who judges of honor takes his law from opinion.

The opinions of a nation spring from its constitution. Although the law does not regulate morality, it is legislation that gives it birth, and when legislation becomes impaired, morality degenerates; but then the judgment of the censors will not do what the power of the laws has failed to do.

It follows from this that the censorship may be useful to preserve morality, never to restore it. Institute censors while the laws are vigorous; so soon as they have lost their power all is over. Nothing that is lawful has any force when the laws cease to have any.

The censorship supports morality by preventing opinions from being corrupted, by preserving their integrity through wise applications, sometimes even by fixing them when they are still uncertain. The use of seconds

in duels, carried to a mad extreme in the kingdom of France, was abolished by these simple words in an edict of the king: "As for those who have the cowardice to appoint seconds." This judgment, anticipating that of the public, immediately decided it. But when the same edicts wanted to declare that it was also cowardice to fight a duel, which is very true, but contrary to common opinion, the public ridiculed this decision, on which its judgment was already formed.

I have said elsewhere* that as public opinion is not subject to constraint, there should be no vestige of this in the tribunal established to represent it. We cannot admire too much the art with which this force, wholly lost among the moderns, was set in operation among the Romans and still better among the Lacedæmonians.

A man of bad character having brought forward a good measure in the Council of Sparta, the ephors, without regarding him, caused the same measure to be proposed by a virtuous citizen. What an honor for the one, what a stigma for the other, without praise or blame being given to either! Certain drunkards from Samos defiled the tribunal of the ephors; on the morrow a public edict granted permission to the Samians to be filthy. A real punishment would have been less severe than such impunity. When Sparta pronounced what was or was not honorable, Greece made no appeal from her decisions.

CHAPTER VIII.

CIVIL RELIGion.

MEN had at first no kings except the gods and no government but a theocracy. They reasoned like Caligula, and at that time they reasoned rightly. A long period is needed to change men's sentiments and ideas in order that they may resolve to take a fellow-man as a master and flatter themselves that all will be well.

*I merely indicate in this chapter what I have treated at greater length in the Letter to M. d'Alembert.

From the single circumstance that a god was placed at the head of every political society, it followed that there were as many gods as nations. Two nations foreign to each other, and almost always hostile, could not long acknowledge the same master; two armies engaged in battle with each other could not obey the same leader. Thus from national divisions resulted polytheism, and, from this, theological and civil intolerance, which are by nature the same, as will be shown hereafter.

The fancy of the Greeks that they recognized their own gods among barbarous nations arose from their regarding themselves as the natural sovereigns of those nations. But in our days that is a very ridiculous kind of erudition which turns on the identity of the gods of different nations, as if Moloch, Saturn, and Chronos could be the same god! As if the Baal of the Phoenicians, the Zeus of the Greeks, and the Jupiter of the Latins could be the same! As if there could be anything in common among imaginary beings bearing different

names!

But if it is asked why under paganism, when every State had its worship and its gods, there were no wars of religion, I answer that it was for the same reason that each State, having its peculiar form of worship as well as its own government, did not distinguish its gods from its laws. Political warfare was also religious; the departments of the gods were, so to speak, fixed by the limits of the nations. The god of one nation had no right over other nations. The gods of the pagans were not jealous gods; they shared among them the empire of the world; even Moses and the Hebrew nation sometimes countenanced this idea by speaking of the god of Israel. It is true that they regarded as naught the gods of the Canaanites, proscribed nations, devoted to destruction, whose country they were to occupy; but see how they spoke of the divinities of the neighboring nations whom they were forbidden to attack: "The possession of what belongs to Chamos your god," said Jephthah to the Ammonites, "is it not lawfully your due? By the same title we pos sess the lands which our conquering god has acquired." In this, it seems to me, there was a well-recognized par

ity between the rights of Chamos and those of the god of Israel.

But when the Jews, subjected to the kings of Babylon, and afterward to the kings of Syria, obstinately refused to acknowledge any other god than their own, this refusal being regarded as a rebellion against the conqueror, drew upon them the persecutions which we read of in their history, and of which no other instance appears before Christianity.

Every religion, then, being exclusively attached to the laws of the State which prescribed it, there was no other way of converting a nation than to subdue it, and no other missionaries than conquerors; and the obligation to change their form of worship being the law imposed on the vanquished, it was necessary to begin by conquering before speaking of conversions. Far from men fighting for the gods, it was, as in Homer, the gods who fought for men; each sued for victory from his own god and paid for it with new altars. The Romans, before attacking a place, summoned its gods to abandon it; and when they left to the Tarentines their exasperated gods, it was because they then regarded these gods as subjected to their own and forced to pay them homage. They left the vanquished their gods as they left them their laws. A crown for the Capitoline Jupiter was often the only tribute that they imposed.

At last, the Romans having extended their worship and their laws with their empire, and having themselves often adopted those of the vanquished, the nations of this vast empire, since the right of citizenship was granted to all, found insensibly that they had multitudes of gods and religions, almost the same everywhere; and this is why paganism was at length known in the world as only a single religion.

It was in these circumstances that Jesus came to establish on earth a spiritual kingdom, which, separating the religious from the political system, destroyed the unity of the State, and caused the intestine divisions which have never ceased to agitate Christian nations. Now this new idea of a kingdom in the other world having never been able to enter the minds of the pagans, they always

regarded Christians as actual rebels, who, under cover of a hypocritical submission, only sought an opportunity to make themselves independent and supreme, and to usurp by cunning the authority which, in their weakness, they pretend to respect. This was the cause of persecutions. What the pagans had feared came to pass. Then everything changed its aspect; the humble Christians altered their tone, and soon this pretended kingdom of the other world became, under a visible chief, the most violent despotism in this world.

As, however, there have always been a Prince and civil laws, a perpetual conflict of jurisdiction has resulted from this double power, which has rendered any good polity impossible in Christian States; and no one has ever succeeded in understanding whether he was bound to obey the ruler or the priest.

Many nations, however, even in Europe or on its outskirts, wished to preserve or to re-establish the ancient system, but without success; the spirit of Christianity prevailed over everything. The sacred worship always retained or regained its independence of the sovereign, and without any necessary connection with the body of the State. Mohammed had very sound views; he thoroughly unified his political system; and so long as his form of government subsisted under his successors, the caliphs, the government was quite undivided and in that respect good. But the Arabs having become flourishing, learned, polished, effeminate, and indolent, were subjugated by the barbarians, and then the division between the two powers began again. Although it may be less apparent among the Mohammedans than among the Christians, the division nevertheless exists, especially in the sect of Ali; and there are States, such as Persia, in which it is still seen.

Among us, the kings of England have established themselves as heads of the church, and the Tsars have done the same; but by means of this title they have made themselves its ministers rather than its rulers; they have acquired not so much the right of changing it as the power of maintaining it; they are not its legislators but only its princes. Wherever the clergy form a corpora