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the spirit of laws-第72章

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They can scarcely form a great nation。 If they are herdsmen and shepherds; they have need of an extensive country to furnish subsistence for a small number; if they live by hunting; their number must be still less; and in order to find the means of life they must constitute a very small nation。

Their country commonly abounds with forests; which; as the inhabitants have not the art of draining off the waters; are filled with bogs; here each troop canton themselves; and form a petty nation。

11。 Of savage and barbarous Nations。 There is this difference between savage and barbarous nations: the former are dispersed clans; which for some particular reason cannot be joined in a body; and the latter are commonly small nations; capable of being united。 The savages are generally hunters; the barbarians are herdsmen and shepherds。

This appears plain in the north of Asia。 The people of Siberia cannot live in bodies; because they are unable to find subsistence; the Tartars may live in bodies for some time; because their herds and flocks may for a time be reassembled。 All the clans may then be reunited; and this is effected when one chief has subdued many others; after which they may do two things  either separate; or set out with a design to make a great conquest in some southern empire。

12。 Of the Law of Nations among People who do not cultivate the Earth。 As these people do not live in circumscribed territories; many causes of strife arise between them; they quarrel about waste land as we about inheritances。 Thus they find frequent occasions for war; in disputes in relation either to their hunting; their fishing; the pasture for their cattle; or the violent seizing of their slaves; and as they are not possessed of landed property; they have many things to regulate by the law of nations; and but few to decide by the civil law。

13。 Of the Civil Laws of those Nations who do not cultivate the Earth。 The division of lands is what principally increases the civil code。 Among nations where they have not made this division there are very few civil laws。

The institutions of these people may be called manners rather than laws。

Among such nations as these the old men; who remember things past; have great authority; they cannot there be distinguished by wealth; but by wisdom and valour。

These people wander and disperse themselves in pasture grounds or in forests。 Marriage cannot there have the security which it has among us; where it is fixed by the habitation; and where the wife continues in one house; they may then more easily change their wives; possess many; and sometimes mix indifferently like brutes。

Nations of herdsmen and shepherds cannot leave their cattle; which are their subsistence; neither can they separate themselves from their wives; who look after them。 All this ought; then; to go together; especially as living generally in a flat open country; where there are few places of considerable strength; their wives; their children; their flocks; may become the prey of their enemies。

The laws regulate the division of plunder; and give; like our Salic laws; a particular attention to theft。

14。 Of the political State of the People who do not cultivate the Land。 These people enjoy great liberty; for as they do not cultivate the earth; they are not fixed: they are wanderers and vagabonds; and if a chief should deprive them of their liberty; they would immediately go and seek it under another; or retire into the woods; and there live with their families。 The liberty of the man is so great among these people that it necessarily draws after it that of the citizen。

15。 Of People who know the Use of Money。 Aristippus; being cast away; swam and got safely to the next shore; where; beholding geometrical figures traced in the sand; he was seized with a transport of joy; judging that he was among Greeks; and not in a nation of barbarians。

Should you ever happen to be cast by some adventure among an unknown people; upon seeing a piece of money you may be assured that you have arrived in a civilised country。

The culture of lands requires the use of money。 This culture supposes many inventions and many degrees of knowledge; and we always see ingenuity; the arts; and a sense of want making their progress with an equal pace。 All this conduces to the establishment of a sign of value。

Torrents and eruptions have made the discovery that metals are contained in the bowels of the earth。'6' When once they have been separated; they have easily been applied to their proper use。

16。 Of Civil Laws among People who know not the Use of Money。 When a people have not the use of money; they are seldom acquainted with any other injustice than that which arises from violence; and the weak; by uniting; defend themselves from its effects。 They have nothing there but political regulations。 But where money is established; they are subject to that injustice which proceeds from craft  an injustice that may be exercised in a thousand ways。 Hence they are forced to have good civil laws; which spring up with the new practices of iniquity。

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 ye
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