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its policy and its rights to the sanction of another power. As judges cannot be dispensed with, at least the State is to select them and always to hold them under its control; so that, between the government and private individuals, they place the effigy of justice rather than justice itself. The State is not satisfied with drawing all concerns to itself, but it acquires an ever-increasing power of deciding on them all without restriction and without appeal.[1]
There exists among the modern nations of Europe one great cause, independent of all those which have already been pointed out, which perpetually contributes to extend the agency or to strengthen the prerogative of the supreme power, though it has not been sufficiently attended to: I mean the growth of manufactures, which is fostered by the progress of social equality. Manufactures generally collect a multitude of men on the same spot, among whom new and complex relations spring up. These men are exposed by their calling to great and sudden alternations of plenty and want, during which public tranquillity is endangered. It may also happen that these employments sacrifice the health, and even the life, of those who gain by them, or of those who live by them. Thus the manufacturing classes require more regulation, superintendence, and restraint than the other classes of society, and it is natural that the powers of government should increase in the same proportion as those classes.
This is a truth of general application; what follows more especially concerns the nations of Europe. In the centuries which preceded that in which we live, the aristocracy was in possession of the soil, and was competent to defend it: landed property was therefore surrounded by ample securities, and its possessors enjoyed great independence. This gave rise to laws and customs which have been perpetuated, notwithstanding the subdivision of lands and the ruin of the nobility; and, at the present time, land-owners and agriculturists are still those among the community who most easily escape from the control of the supreme power.
- ↑ A strange sophism has been made on this head in France. When a suit arises between the government and a private person, it is not to be tried before an ordinary judge—in order, they say, not to mix the administrative and the judicial powers: as if it were not to mix those powers, and to mix them in the most dangerous and oppressive manner, to invest the government with the office of judging and administering at the same time.
