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Crimes and Punishments

CHAPTER XXXIII. OF THE PUBLIC TRANQUILLITY.
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lastly, among the crimes of the third kind are especially those which disturb the public peace and civic tranquillity; such as noises and riots in the public streets, which were made for the convenience of men and traffic, or fanatical sermons that excite the easily roused passions of the curious multitude. for their passions gather force from the number of hearers, and more from a certain obscure and mysterious enthusiasm, than from clear and quiet reasoning, which never has any influence over a large mass of men.

the lighting of a city by night at the public expense; the distribution of guards in the different quarters; simple moral discourses on religion, but only in the silent and holy quiet of churches, protected by public authority; speeches on behalf of private and public interests in national assemblies, parliaments, or wherever else the majesty of sovereignty resides—all these are efficacious means for preventing the dangerous condensation of popular passions. these means are a principal branch of that magisterial vigilance which the french call police; but if this is exercised by arbitrary laws, not laid down in a code of general circulation, a door is opened to tyranny,[221] which ever surrounds all the boundaries of political liberty. i find no exception to this general axiom, that ‘every citizen ought to know when his actions are guilty or innocent.’ if censors, and arbitrary magistrates in general, are necessary in any government, it is due to the weakness of its constitution, and is foreign to the nature of a well organised government. more victims have been sacrificed to obscure tyranny by the uncertainty of their lot than by public and formal cruelty, for the latter revolts men’s minds more than it abases them. the true tyrant always begins by mastering opinion, the precursor of courage; for the latter can only show itself in the clear light of truth, in the fire of passion, or in ignorance of danger.

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