A Commentary and Review of Montesquieu's "Spirit of Laws"

Then what is this virtue which is applicable to republics alone? Can true virtue be any where out of its place? And has Montesquieu seriously dared to advance this as a truth! Vice or false virtue is as frequently found in a monarchy, as qualities really meritorious; but because he draws a frightful picture of courts, in Chap. V. is it certain that it must be desirable or inevitable that they should be so. I cannot assent to such an opinion.
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In truth what Montesquieu has said on this subject, may be reduced to two points. First, in governments where there are, and must be from their form, distinct and rival classes, interests distinct from the general body of society may answer the purpose of accomplishing the ends of the association. Second, by supposing, that in what Montesquieu calls a monarchy, the authority maybe more compact and powerful than in what he calls a republic, it can without the same danger employ vicious persons, and profit by their talents without taking their motives into consideration; to which we may add with him, that on this account there must be a greater proportion of vice in the nation at large, than under a different order of things. This appears to me, all that is plausible in his opinion; to go beyond this would evidently be to err.

As, for reasons already given, we could not adopt the classification of governments laid down by Montesquieu, so we shall not follow him in the details arising out of the subject, but make use of that which we have adopted for the elucidation of our own ideas; beginning with the governments which we denominate national; that is to say, those which are founded on the maxim, that all rights and powers belong to and emanate from the people or body of the nation.

Among the various forms which this class of governments may assume, a simple democracy is almost impracticable. It can exist but for a short time, and among hordes of savages, or among nations but a little more civilized, in some insulated corner of the earth, where the bonds of society are not closer drawn than among savages. In every other circumstance, where the social relations are more intimate and multiform, it cannot exist for any considerable time, and soon ends in anarchy, which brings on aristocracy or tyranny through the necessity of repose. History in all times confirms this truth:
*4 besides actual democracies can only exist in territories of small extent: we shall therefore say no more concerning them.

After this form of society, which is the infancy of a state, comes the representative democracy, that in which, according to forms expressed in an act or law freely deliberated, and agreed upon, and called a CONSTITUTION, all the associates called citizens, concur equally in choosing their representatives, define the authorities with which they are entrusted, and fix limits beyond which they must not trespass. This is democracy rendered practicable for a long time and over a great extent of territory. Simple democracy is the true state of nature; representative democracy is that of nature, in a perfect state, without having been sophisticated, and which acts neither by stratagems nor expedients. Representation, or representative government, may be considered as a new invention, unknown in Montesquieu’s time; it was almost impossible to put it into practice before the invention of printing, which so much facilitates the communication between the constituents and the representative, and renders it so easy for the former to control, and the latter to account for his conduct; and above all, which averts those sudden storms, so often excited by the force of an impassioned and popular eloquence. It is by no means surprizing, that it should have remained undiscovered until about three hundred years after the discovery of that art which has changed the face of the universe: it was necessary that other great effects should have been produced, before such a conception could be matured.

It is evident that the principle of preservation, in this form of government, is love of country, and equality of rights, and if you will, the love of peace and justice.

The people, under such a government, would seem to be naturally more engaged in preserving and enjoying what they already possess, than solicitous of acquiring what was not necessary to their security or happiness; or at least, that they should resort to no other means of acquiring it than the exercise of their individual faculties; nor think of obtaining authority, or power, by the invasion of the rights of other individuals, or an improper appropriation of the public wealth; that from the principle of attachment to the rights which vest in then all, each citizen should feel and be affected by the injustice done to his neighbor by the public force, as a danger which menaced and concerned them all, and for which no personal favor could compensate. A people, under such a government, who should once overlook the wrongs of their fellow citizens, or prefer their individual advantages to the security of the rights of the whole, would soon be found willing to place the government itself in a situation to dispose of the public liberties according to its caprice, if there should appear a prospect of individual benefit accruing from the perfidy.

Simplicity, habits of industry, a comtempt for frivolity, the love of independence so inherent in every being endowed with a rational will, naturally dispose men to such sentiments. If these had been the definitions of republican virtue, given by Montesquieu, there would be no difficulty in assenting to his principle; but we shall see in the next book, that he makes this virtue to consist in voluntary privations, in self-denials. Now as no human being is so constituted by nature, it is impossible to found any general or even rational principles thereupon, because we cannot renounce our nature, but momentarily or through fanaticism: so that this principle requires of us a false and a fluctuating virtue.

That disposition to simplicity and independence which I have just described, is so conformable to our nature, that a little habit, sound sense, a few wise laws, the experience, of only a few years, which may shew that violence and intrigue are too often successful, will infallibly and necessarily excite it in us.

Let us now continue the examination of the different forms of government which we have denominated national, or of common right, in opposition to those which we have styled special, or of partial or exclusive rights.

When the primitive democracy, through the want of a well organized representative system, or through whatever cause, is unable to maintain itself, and submits to be converted into an aristocracy of some species, and thereby establishes a higher, or privileged class, and a lower, or common class, it is evident that…. the pride of the one, and the humility of the other…. the ignorance of these, and the knowlege of those…. ought to be considered as the principles of conservation in an aristocratical government, since the dispositions of mind in each class, are exactly adapted to preserve the established order of that form of government.

In like manner, when a democracy resolves to transform itself into a monarchy, by submitting to the authority of a single chief, either for life or in hereditary succession, it is obvious, that the pride of the monarch…. the exalted idea he entertains of his dignity…. his superiority over those who surround them…. the importance attached to the honor of approaching him; on the other hand, the haughtiness of the courtiers…. their devotedness…. their ambition…. even their superciliousness to the lower class; and added to all these circumstances, the servile or superstitious respect for all this artificial grandeur, and their eagerness to please those who are clothed with it;…. all these dispositions, I say, contribute to the maintenance of this form of government, and consequently, in such an order of society, must be deemed useful to the ends to which they appertain, whatever may be our opinion of them in a moral view, or whatever may be their effects on society at large.

It must be kept in view, that we only speak of the different forms of government which we have denominated
national, and which are to be understood as professing that all rights and power are inherent in the body of the nation; now in these it is not necessary that all the different particular opinions favorable to the formation of an aristocracy or a monarchy, should be defined, and expressly established; it is sufficient that the general principle of respect for the rights of men, always predominates, without which predominancy the fundamental principle will soon be forgotten or disavowed, as almost universally has been the effect.

We shall now proceed to the examination of the governments which we have called
special; that is to say, those in which various legitimate sources of particular or exclusive right are recognized, and which are acknowleged to exist, though inconsistent with general or national rights. It is evident that the different forms, to which this principle is applicable, admit of the same opinions and sentiments which we have pointed out as favorable to the analogous forms of national government; and even in these, such opinions and sentiments, instead of being subordinate to the principle of the rights of men, can and must be limited, only by the respect due to the different legitimate particular rights established: the general rights of men have no being here.

This is, I believe, all that can be said, on what Montesquieu calls the principles of the different governments. But to me it appears of much more moment to enquire into the nature and tendency of the opinions and sentiments which each kind of government forms and propagates, than to enquire into those which are necessary to the support of each. I have taken notice of them only in conformity with the order which Montesquieu has thought proper to follow, in his immortal work. The other description of enquiry is much more important to human happiness; and may probably be treated of in the sequel of this work. Let its now return to our model.