The Miscellaneous Writings and Speeches-2 [142]
oppressed than England under the Stuarts. The reaction was exactly proportioned to the pressure, --the vengeance to the provocation. When Mr Burke was reminded in his later years of the zeal which he had displayed in the cause of the Americans, he vindicated himself from the charge of inconsistency, by contrasting the wisdom and moderation of the Colonial insurgents of 1776 with the fanaticism and wickedness of the Jacobins of 1792. He was in fact bringing an argument a fortiori against himself. The circumstances on which he rested his vindication fully proved that the old government of France stood in far more need of a complete change than the old government of America. The difference between Washington and Robespierre,--the difference between Franklin and Barere,--the difference between the destruction of a few barrels of tea and the confiscation of thousands of square miles,--the difference between the tarring and feathering of a tax-gatherer and the massacres of September, --measure the difference between the government of America under the rule of England and the government of France under the rule of the Bourbons. Louis the Sixteenth made great voluntary concessions to his people; and they sent him to the scaffold. Charles the Tenth violated the fundamental laws of the state, established a despotism, and butchered his subjects for not submitting quietly to that despotism. He failed in his wicked attempt. He was at the mercy of those whom he had injured. The pavements of Paris were still heaped up in barricades;--the hospitals were still full of the wounded;--the dead were still unburied;--a thousand families were in mourning;--a hundred thousand citizens were in arms. The crime was recent;--the life of the criminal was in the hands of the sufferers;--and they touched not one hair of his head. In the first revolution, victims were sent to death by scores for the most trifling acts proved by the lowest testimony, before the most partial tribunals. After the second revolution, those ministers who had signed the ordinances, those ministers, whose guilt, as it was of the foulest kind, was proved by the clearest evidence,--were punished only with imprisonment. In the first revolution, property was attacked. In the second, it was held sacred. Both revolutions, it is true, left the public mind of France in an unsettled state. Both revolutions were followed by insurrectionary movements. But, after the first revolution, the insurgents were almost always stronger than the law; and, since the second revolution, the law has invariably been found stronger than the insurgents. There is, indeed, much in the present state of France which may well excite the uneasiness of those who desire to see her free, happy, powerful, and secure. Yet, if we compare the present state of France with the state in which she was forty years ago, how vast a change for the better has taken place! How little effect, for example, during the first revolution, would the sentence of a judicial body have produced on an armed and victorious partty! If, after the 10th of August, or after the proscription of the Gironde, or after the 9th of Thermidor, or after the carnage of Vendemiaire, or after the arrests of Fructidor, any tribunal had decided against the conquerors in favour of the conquered, with what contempt, with what derision, would its award have been received! The judges would have lost their heads, or would have been sent to die in some unwholesome colony. The fate of the victim whom they had endeavoured to save would only have been made darker and more hopeless by their interference. We have lately seen a signal proof that, in France, the law is now stronger than the sword. We have seen a government, in the very moment of triumph and revenge, submitting itself to the authority of a court of law. A just and independent sentence has been pronounced--a sentence worthy of the ancient renown of that magistracy to which belong the noblest recollections of French history--which, in an age of persecutors, produced L'Hopital,--which,