According to the author's definition, the object of the institution of the state is the maintenance of internal and external peace. Justice is the only basis of peace; but justice is here the means, and not the end. If justice were the end for which the state was constituted, then neither external nor internal peace could ever be procured or maintained; for the state would then be compelled to wage eternal war against all who, at home or abroad, were guilty of injustice, and could never lay down its arms till that injustice were removed.
As peace is essentially the end of that great corporation called the state; it follows that the justice by which its foreign and domestic policy must be regulated, is not that strict or absolute justice spoken of above, but that temperate or conciliatory equity, which is alone applicable to the concerns of men. The maxim, "a thousand years' wrong cannot constitute an hour's right," if applied to civil jurisprudence, would introduce interminable confusion, hardship and misery in the affairs of private life, and if applied to constitutional and international law, would lead to perpetual anarchy at home, and to endless, exterminating war abroad.
The Christian religion, as it comes from God, is eminently social—hence it abhors the principle of absolute or inexorable right, whether applied to civil or public law—hence the Christian state, or the state animated with the spirit of Christianity, is in its tendency essentially pacific.
This pacific policy of the state, however, so far from excluding, necessarily implies the firm, uncompromising vindication of its rights and interests, whether at home or abroad; and the repression of evil doers within, or a just war without, is often the only means of attaining the object for which the state was constituted—to wit, the maintenance of peace. On the other hand, the revolutionary state, or the state where, in opposition to existing rights and interests, new rights and interests are violently enforced; and where, in subversion of all established institutions, new institutions, conceived according to abstract and arbitrary theories, are violently introduced; the revolutionary state, I say, is, from its nature and origin—no matter what form it may assume—necessarily driven to a course of iniquitous policy—to disorganizing tyranny within, and to fierce, relentless hostility without.
Against the pacific character of the Christian state, the bloody wars of Charlemagne with the Saxons, the Crusades of a later period, and the religious wars of the sixteenth and seventeenth centuries are commonly objected. In the course of the work, to which this memoir is prefixed, the reader will find these several objections victoriously answered.
§ III. The Christian state recognizes the legal existence of Corporations, and depends on their organic co-operation.
The author has before shown that the Christian religion, following the principle of conciliatory equity, recognizes, without reference to their origin, all existing rights and interests. Hence the Christian religion can coexist, and has in fact coexisted, with every form or species of government. But there are some governments which, from their spirit and constitution, are more congenial than others to Christianity; and it is in this sense we speak of the Christian state.
We have already seen that there are five essential and eternal corporations—the family—the church—the state—the guild, and the school. These great corporations have each their several and subordinate institutions or corporations, which are accidental and transitory by nature, and consequently vary with time, place, and circumstances.
The Christian state is that which best secures and preserves to those essential corporations, and all their subordinate institutions, their due sphere of action. Hence our author shows that, under certain circumstances, and in certain countries, the Republic, whether democratic or aristocratic, may answer that end as well or even better than monarchy; and that it is only because, in great empires, monarchy is best calculated to maintain the free developement and organic co-operation of corporations, that it may be called, par excellence, the Christian state. But what form of monarchy is best adapted for this end? The absolute monarchy[15] is certainly the least: there then remain only the representative system, and the constitution of the three estates, or as the Germans call that mode of government, Stände-verfassung. Schlegel proceeds to examine the respective characteristics of those two forms of government, and to show the points in which they agree, and in which they differ. The constitution of estates is the old, legitimate constitution of the European states, whether republican or monarchical; but, in too many countries, this noble institution has been undermined by despotism, or destroyed by revolution. On the other hand, the representative system is comparatively modern, and, on the continent, has, amid the great convulsions produced by the French revolution, sprung out of a defective and superficial imitation of the British constitution. It is therefore to the latter constitution the author, when he has occasion to treat of the representative system, principally directs the attention of his readers.