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the spirit of laws-第53章

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 conquest was to destroy; his to preserve; and wherever he directed his victorious arms; his chief view was to achieve something whence that country might derive an increase of prosperity and power。 To attain this end; he was enabled first of all by the greatness of his genius; secondly; by his frugality and private economy;'22' thirdly; by his profusion in matters of importance。 He was close and reserved in his private expenses; but generous to the highest degree in those of a public nature。 In regulating his household; he was the private Macedonian; but in paying the troops; in sharing his conquests with the Greeks; and in his largesses to every soldier in his army; he was Alexander。

He committed two very bad actions in setting Persepolis on fire and slaying Clitus; but he rendered them famous by his repentance。 Hence it is that his crimes are forgotten; while his regard for virtue was recorded: they were considered rather as unlucky accidents than as his own deliberate acts。 Posterity; struck with the beauty of his mind; even in the midst of his irregular passion; can view him only with pity; but never with an eye of hatred。

Let us draw a comparison between him and C?sar。 The Roman general; by attempting to imitate the Asiatic monarch; flung his fellow…citizens into a state of despair for a matter of mere ostentation; the Macedonian prince; by the same imitation; did a thing which was quite agreeable to his original scheme of conquest。

15。 New Methods of preserving a Conquest。 When a monarch has subdued a large country; he may make use of an admirable method; equally proper for moderating despotic power; and for preserving the conquest; it is a method practised by the conquerors of China。

In order to prevent the vanquished nation from falling into despair; the victors from growing insolent and proud; the government from becoming military; and to contain the two nations within their duty; the Tartar family now on the throne of China has ordained that every military corps in the provinces should be composed half of Chinese and half Tartars; to the end that the jealousy between the two nations may keep them within bounds。 The courts of judicature are likewise half Chinese and half Tartars。 This is productive of several good effects; 1。 The two nations are a check to one another。 2。 They both preserve the civil and military power; and one is not destroyed by the other; 3。 The conquering nation may spread itself without being weakened and lost。 It is likewise enabled to withstand civil and foreign wars。 The want of so wise an institution as this has been the ruin of almost all the conquerors that ever existed。

16。 Of Conquests made by a despotic Prince。 When a conquest happens to be vastly large; it supposes a despotic power; and then the army dispersed in the provinces is not sufficient。 There should be always a body of faithful troops near the prince; ready to fall instantly upon any part of the empire that may chance to waver。 This military corps ought to awe the rest; and to strike terror into those who through necessity have been entrusted with any authority in the empire。 The emperor of China has always a large body of Tartars near his person; ready upon all occasions。 In India; in Turkey; in Japan; the prince has always a body…guard independent of the other regular forces。 This particular corps keeps the dispersed troops in awe。

17。 The same Subject continued。 We have observed that the countries subdued by a despotic monarch ought to be held by a vassal。 Historians are very lavish of their praises of the generosity of those conquerors who restored the princes to the throne whom they had vanquished。 Extremely generous then were the Romans; who made such a number of kings; in order to have instruments of slavery。'23' A proceeding of that kind is absolutely necessary。 If the conqueror intends to preserve the country which he has subdued; neither the governors he sends will be able to contain the subjects within duty; nor he himself the governors。 He will be obliged to strip his ancient patrimony of troops; in order to secure his new dominions。 The miseries of each nation will be common to both; civil broils will spread themselves from one to the other。 On the contrary; if the conqueror restores the legitimate prince to the throne; he will of course have an ally; by the junction of whose forces his own power will be augmented。 We have a recent instance of this in Shah Nadir; who conquered the Mogul; seized his treasures; and left him in possession of Hindostan。

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1。 See the Code of Barbarian Laws; and Book xxviii below。

2。 See the anonymous author of the Life of Louis le Debonnaire; in Duchesne's collection; ii; p。 296。

3。 See M。 Barbeyrac's collection; art。 112。

4。 With regard to Tockenburg。

5。 He was at the head of a faction。

6。 Hanno wanted to deliver Hannibal up to the Romans; as Cato would fain have delivered up C?sar to the Gauls。

7。 Of the 18th of October; 1738; printed at Genoa by Franchelli。 See also the Amsterdam Gazette; Dec。 23; 1738。

8。 See Pufendorff's Universal History。

9。 Dionysius Halicarnassus; vii。

10。 See Arrian; De Expedit。 Alex。; i。

11。 Ibid。

12。 Ibid。

13。 Ibid。; iii。

14。 This was Aristotle's advice。 Plutarch; Of the Fortune and Virtue of Alexander。

15。 Arrian; De Expedit。 Alex。; vii。

16。 See the Law of the Burgundians; tit。 12; art。 5。

17。 See the Law of the Visigoths; iii; tit。 1; § 1; which abrogates the ancient law that had more regard; it says; to the difference of nations than to that of people's conditions。

18。 See the Law of the Lombards; ii; tit。 7; §§ 1; 2。

19。 The kings of Syria; abandoning the plan laid down by the founder of the empire; resolved to oblige the Jews to conform to the manners of the Greeks  a resolution that gave the most terrible shock to their government。

20。 See Arrian; De Expedit。 Alex。; iii; and others。

21。 Ibid。

22。 Ibid。; vii。

23。 Tacitus; Life of Agricola; 14。




Book XI。 Of the Laws Which Establish Political Liberty; with Regard to the Constitution

1。 A general Idea。 I make a distinction between the laws that establish political liberty; as it relates to the constitution; and those by which it is established; as it relates to the citizen。 The former shall be the subject of this book; the latter I shall examine in the next。

2。 Different Significations of the word Liberty。 There is no word that admits of more various significations; and has made more varied impressions on the human mind; than that of liberty。 Some have taken it as a means of deposing a person on whom they had conferred a tyrannical authority; others for the power of choosing a superior whom they are obliged to obey; others for the right of bearing arms; and of being thereby enabled to use violence; others; in fine; for the privilege of being governed by a native of their own country; or by their own laws。'1' A certain nation for a long time thought liberty consisted in the privilege of wearing a long beard。'2' Some have annexed this name to one form of government exclusive of others: those who had a republican taste applied it to this species of polity; those who liked a monarchical state gave it to 
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