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the spirit of laws-第93章

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In countries where they have no specie; the robber takes only bare movables; which have no mutual resemblance。 But where they make use of money; the robber takes the signs; and these always resemble each other。 In the former nothing can be concealed; because the robber takes along with him the proofs of his conviction; but in the latter it is quite the contrary。

17。 Of political Laws among Nations who have not the Use of Money。 The greatest security of the liberties of a people who do not cultivate the earth is their not knowing the use of money。 What is gained by hunting; fishing; or keeping herds of cattle cannot be assembled in such great quantity; nor be sufficiently preserved; for one man to find himself in a condition to corrupt many others: but when; instead of this; a man has a sign of riches; he may obtain a large quantity of these signs; and distribute them as he pleases。

The people who have no money have but few wants; and these are supplied with ease; and in an equal manner。 Equality is then unavoidable; and hence it proceeds that their chiefs are not despotic。

If what travellers tell us be true; the constitution of a nation of Louisiana; called the Natches; is an exception to this。 Their chief disposes of the goods of all his subjects; and obliges them to work and toil; according to his pleasure。'7' He has a power like that of the grand signior; and they cannot even refuse him their heads。 When the presumptive heir enters the world; they devote all the sucking children to his service during his life。 One would imagine that this is the great Sesostris。 He is treated in his cottage with as much ceremony as an emperor of Japan or China。

18。 Of the Power of Superstition。 The prejudices of superstition are superior to all others; and have the strongest influence on the human mind。 Thus; though the savage nations have naturally no knowledge of despotic tyranny; still they feel the weight of it。 They adore the sun; and if their chief had not imagined that he was the brother of this glorious luminary; they would have thought him a wretch like themselves。

19。 Of the Liberty of the Arabs and the Servitude of the Tartars。 The Arabs and Tartars are nations of herdsmen and shepherds。 The Arabs find themselves in that situation of which we have been speaking; and are therefore free; whilst the Tartars (the most singular people on earth) are involved in a political slavery。'8' I have already given reasons for this'9' and shall now assign some others。

They have no towns; no forests; and but few marshes; their rivers are generally frozen; and they dwell in a level country of an immense extent。 They have pasture for their herds and flocks; and consequently property; but they have no kind of retreat; or place of safety。 A khan is no sooner overcome than they cut off his head; his children are treated in the same manner;'10' and all his subjects belong to the conqueror。 These are not condemned to a civil slavery; for in that case they would be a burden to a simple people; who have no lands to cultivate; and no need of any domestic service。 They therefore add to the bulk of the nation; but instead of civil servitude; a political slavery must naturally be introduced among them。

It is apparent that in a country where the several clans make continual war; and are perpetually conquering each other; in a country where; by the death of the chief; the body politic of the vanquished clan is always destroyed; the nation in general can enjoy but little freedom; for there is not a single party that must not have been often subdued。

A conquered people may preserve some degree of liberty when; by the strength of their situation; they are in a state that will admit of capitulating after their defeat。 But the Tartars; always defenceless; being once overcome; can never be able to obtain conditions。

I have said; in chapter 2; that the inhabitants of cultivated plains are seldom free。 Circumstances have occurred to put the Tartars; who dwell in uncultivated plains; in the same situation。

20。 Of the Law of Nations as practised by the Tartars。 The Tartars appear to be mild and humane among themselves; and yet they are most cruel conquerors: when they take cities they put the inhabitants to the sword; and imagine that they act humanely if they only sell the people; or distribute them among their soldiers。

They have destroyed Asia; from India even to the Mediterranean; and all the country which forms the east of Persia they have rendered a desert。

The law of nations is owing; I think; to the following cause。 These people having no towns; all their wars are carried on with eagerness and impetuosity。 They fight whenever they hope to conquer; and when they have no such hope; they join the stronger army。 With such customs; it is contrary to the law of nations that a city incapable of repelling their attack should stop their progress。 They regard not cities as an association of inhabitants; but as places made to bid defiance to their power。 They besiege them without military skill; and expose themselves greatly in the attack; and therefore revenge themselves on all those who have spilled their blood。

21。 The Civil Law of the Tartars。 Father Du Halde says that amongst the Tartars the youngest of the males is always the heir; by reason that as soon as the elder brothers are capable of leading a pastoral life they leave the house with a certain number of cattle; given them by their father; and build a new habitation。 The last of the males; who continues at home with the father; is then his natural heir。

I have heard that a like custom was also observed in some small districts of England; and we find it still in Brittany; in the duchy of Rohan; where it obtains with regard to ignoble tenures。 This is doubtless a pastoral law conveyed thither by some of the people of Britain; or established by some German nation。 By C?sar and Tacitus we are informed that the latter cultivated but little land。

22。 Of a Civil Law of the German Nations。 I shall here explain how that particular passage of the Salic law which is commonly distinguished by the term 〃the Salic law〃 relates to the institutions of a people who do not cultivate the earth; or at least who cultivate it but very little。

The Salic law ordains'11' that; when a man has left children behind him; the males shall succeed to the Salic land in preference to the females。

To understand the nature of those Salic lands; there needs no more than to search into the usages or customs of the Franks with regard to lands before they left Germany。

Mr。 Echard has very plainly proved that the word Salic is derived from Sala; which signifies a house; and therefore that the Salic land was the land belonging to the house。 I shall proceed further; and examine into the nature of the house; and of the land belonging to the house; among the Germans。

〃They dwell not in towns;〃 says Tacitus; 〃nor can they bear to have their habitations contiguous to those of others; every one leaves a space or small piece of ground about his house; which is enclosed。〃'12' Tacitus is very exact in this account; for many laws of the Barbarian codes have different decrees against those who threw down this en
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