OF
THE ORIGINAL CONTRACT
David Hume
1748
Edited and rendered into HTML by Jon Roland
¶1 As no party, in the present age, can well support
itself without a philosophical or speculative system of principles annexed to
its political or practical one, we accordingly find, that each of the factions
into which this nation is divided has reared up a fabric of the former kind, in
order to protect and cover that scheme of actions which it pursues. The people
being commonly very rude builders, especially in this speculative way, and more
especially still when actuated by party-zeal, it is natural to imagine that
their workmanship must be a little unshapely, and discover evident marks of
that violence and hurry in which it was raised. The one
party, by tracing up government to the Deity, endeavoured
to render it so sacred and inviolate, that it must be little less than
sacrilege, however, tyrannical it may become, to touch or invade it in the
smallest article. The other party, by founding
government altogether on the consent of the people, suppose that there is a
kind of original contract, by which the subjects have tacitly reserved
the power of resisting their sovereign, whenever they find themselves aggrieved
by that authority, with which they have, for certain purposes, voluntarily intrusted him. These are the speculative principles of the
two parties, and these, too, are the practical consequences deduced from them.
¶2 I shall venture to
affirm, That both these systems of speculative
principles are just; though not in the sense intended by the parties: and, That
both the schemes of practical consequences are prudent; though not in the
extremes to which each party, in opposition to the other, has commonly endeavoured to carry them.
¶3 That the Deity is the ultimate author of all
government, will never be denied by any, who admit a general providence, and
allow, that all events in the universe are conducted by an
uniform plan, and directed to wise purposes. As it is impossible for the human
race to subsist, at least in any comfortable or secure state, without the
protection of government, this institution must certainly have been intended by
that beneficent Being, who means the good of all his creatures: and as it has
universally, in fact, taken place, in all countries, and all ages, we may
conclude, with still greater certainty, that it was intended by that omniscient
Being who can never be deceived by any event or operation. But since he gave
rise to it, not by any particular or miraculous interposition, but by his
concealed and universal efficacy, a sovereign cannot, properly speaking, be
called his vicegerent in any other sense than every power or force, being
derived from him, may be said to act by his commission. Whatever actually happens
is comprehended in the general plan or intention of Providence; nor has the
greatest and most lawful prince any more reason, upon that account, to plead a
peculiar sacredness or inviolable authority, than an inferior magistrate, or
even an usurper, or even a robber and a pirate. The
same Divine Superintendent, who, for wise purposes, invested a Titus or a
Trajan with authority, did also, for purposes no doubt equally wise, though
unknown, bestow power on a Borgia or an Angria. The same causes, which gave
rise to the sovereign power in every state, established likewise every petty
jurisdiction in it, and every limited authority. A constable, therefore, no
less than a king, acts by a divine commission, and possesses an indefeasible
right.
¶4 When we consider how nearly equal all men are in
their bodily force, and even in their mental powers and faculties, till
cultivated by education, we must necessarily allow that nothing but their own
consent could at first associate them together and subject them to any
authority. The people, if we trace government to its first origin in the woods
and deserts, are the source of all power and jurisdiction, and voluntarily, for
the sake of peace and order, abandoned their native liberty and received laws
from their equal and companion. The conditions upon which they were willing to
submit were either expressed or were so clear and obvious that it might well be
esteemed superfluous to express them. If this, then, be meant by the original
contract, it cannot be denied that all government is, at first, founded on a
contract and that the most ancient rude combinations of mankind were formed
chiefly by that principle. In vain are we asked in what records this charter of
our liberties is registered. It was not written on parchment, nor yet on leaves
or barks of trees. It preceded the use of writing and all the other civilized
arts of life. But we trace it plainly in the nature of man and in the equality,
or something approaching equality, which we find in all the individuals of that
species. The force which now prevails, and which is founded on fleets and
armies, is plainly political and derived from authority, the effect of
established government. A man’s natural force consists only in the vigor of his
limbs and the firmness of his courage, which could never subject multitudes to
the command of one. Nothing but their own consent and their sense of the
advantages resulting from peace and order could have had that influence.
¶5 Yet even this consent was long very imperfect and
could not be the basis of a regular administration. The chieftain, who had
probably acquired his influence during the continuance of war, ruled more by
persuasion than command; and till he could employ force to reduce the
refractory and disobedient, the society could scarcely be said to have attained
a state of civil government. No compact or agreement, it is evident, was
expressly formed for general submission, an idea far beyond the comprehension
of savages. Each exertion of authority in the chieftain must have been
particular and called forth by the present exigencies of the case. The sensible
utility resulting from his interposition made these exertions become daily more
frequent; and their frequency gradually produced a habitual and, if you please
to call it so, a voluntary and therefore precarious acquiescence in the people.
¶6 But philosophers who have embraced a party—if
that be not a contradiction in terms—are not content with these concessions.
They assert not only that government in its earliest infancy arose from
consent, or rather the voluntary acquiescence of the people, but also that,
even at present, when it has attained its full maturity, it rests on no other
foundation. They affirm that all men are still born equal and owe allegiance to
no prince or government unless bound by the obligation and sanction of a
promise. And as no man, without some equivalent, would forego the advantages of
his native liberty and subject himself to the will of another, this promise is
always understood to be conditional and imposes on him no obligation, unless he
meet with justice and protection from his sovereign.
These advantages the sovereign promises him in return; and if he fail in the execution, he has broken on his part the
articles of engagement, and has thereby freed his subject from all obligations
to allegiance. Such, according to these philosophers, is the foundation of
authority in every government, and such the right of resistance possessed by
every subject.
¶7 But would these reasoners
look abroad into the world, they would meet with nothing that in the least
corresponds to their ideas or can warrant so refined and philosophical a
system. On the contrary, we find everywhere princes who claim their subjects as
their property and assert their independent right of sovereignty from conquest
or succession. We find also everywhere subjects who acknowledge this right in
their prince and suppose themselves born under obligations of obedience to a
certain sovereign, as much as under the ties of reverence and duty to certain
parents. These connections are always conceived to be equally independent of
our consent, in Persia and China, in France and Spain, and even in Holland and
England, wherever the doctrines above mentioned have not been carefully
inculcated. Obedience or subjection becomes so familiar that most men never
make any inquiry about its origin or cause, more than about the principle of
gravity, resistance, or the most universal laws of nature. Or if curiosity ever
move them, as soon as they learn that they themselves and their ancestors have,
for several ages, or from time immemorial, been subject to such a form of
government or such a family, they immediately acquiesce and acknowledge their
obligation to allegiance. Were you to preach, in most parts of the world, that
political connections are founded altogether on voluntary consent or a mutual
promise, the magistrate would soon imprison you as seditious for loosening the
ties of obedience, if your friends did not before shut you up as delirious for
advancing such absurdities. It is strange that an act of the mind which every
individual is supposed to have formed, and after he came to the use of reason
too—otherwise it could have no authority—that this act, I say, should be so
much unknown to all of them that over the face of the whole earth there
scarcely remain any traces or memory of it.
¶8 But the contract on which government is founded
is said to be the original contract, and consequently may be supposed too old
to fall under the knowledge of the present generation. If the agreement by
which savage men first associated and conjoined their force be here meant, this
is acknowledged to be real; but being so ancient and being obliterated by a
thousand changes of government and princes, it cannot now be supposed to retain
any authority. If we would say anything to the purpose, we must assert that
every particular government which is lawful and which imposes any duty of
allegiance on the subject was at first founded on consent and a voluntary
compact. But besides that this supposes the consent of the fathers to bind the
children, even to the most remote generations—which republican writers4 will
never allow—besides this, I say, it is not justified by history or experience
in any age or country of the world.
[4“’Republican writers’ were the political theorists
who favored the sovereignty of Parliament. They were not necessarily
anti-monarchical. The foremost representatives of this group were, among
others, Milton, Harrington, Algernon Sidney, Halifax, and Locke.” Footnote in Hendel edition]
¶9 Almost all the
governments which exist at present, or of which there remains any record in
story, have been founded originally either on usurpation or conquest or both,
without any pretense of a fair consent or voluntary subjection of the people. When
an artful and bold man is placed at the head of an army or faction, it is often
easy for him, by employing sometimes violence, sometimes false pretenses, to
establish his dominion over a people a hundred times more numerous than his
partisans. He allows no such open communication that his enemies can know with
certainty their number or force. He gives them no leisure to assemble together
in a body to oppose him. Even all those who are the instruments of his
usurpation may wish his fall, but their ignorance of each other’s intention
keeps them in awe and is the sole cause of his security. By such arts as these
many governments have been established, and this is all the original contract
which they have to boast of.
¶10 The face of the earth is continually changing by
the increase of small kingdoms into great empires, by the dissolution of great
empires into smaller kingdoms, by the planting of colonies, by the migration of
tribes. Is there anything discoverable in all these events but force and
violence? Where is the mutual agreement or voluntary association so much talked
of?
¶11 Even the smoothest way by which a nation may
receive a foreign master, by marriage or a will, is not extremely honorable for
the people, but supposes them to be disposed of like a dowry or a legacy,
according to the pleasure or interest of their rulers.
¶12But where no force interposes and election takes
place, what is this election so highly vaunted? It is either the combination of
a few great men who decide for the whole and will allow of no opposition or it
is the fury of a multitude that follow a seditious ringleader who is not known,
perhaps, to a dozen among them and who owes his advancement merely to his own
impudence or to the momentary caprice of his fellows.
¶13 Are these disorderly elections, which are rare
too, of such mighty authority as to be the only lawful foundation of all
government and allegiance?
¶14 In reality there is not a more terrible event
than a total dissolution of government, which gives liberty to the multitude
and makes the determination or choice of a new establishment depend upon a
number which nearly approaches to that of the body of the people. For it never
comes entirely to the whole body of them. Every wise man, then, wishes to see
at the head of a powerful and obedient army a general who may speedily seize
the prize and give to the people a master which they are so unfit to choose for
themselves—so little correspondent is fact and reality to those philosophical
notions.
¶15 Let not the establishment at the Revolution
deceive us or make us so much in love with a philosophical origin to government
as to imagine all others monstrous and irregular. Even that event was far from
corresponding to these refined ideas. It was only the succession, and that only
in the regal part of the government, which was then changed. And it was only
the majority of seven hundred who determined that change for near ten millions. I doubt not, indeed, but the bulk of those ten millions acquiesced willingly in the determination. But was
the matter left in the least to their choice? Was it not justly supposed to be
from that moment decided and every man punished who refused to submit to the
new sovereign? How otherwise could the matter have ever been brought to any
issue or conclusion?
¶16 The republic of Athens was, I believe, the most
extensive democracy that we read of in history: yet if we make the requisite
allowances for the women, the slaves, and the strangers, we shall find, that
that establishment was not at first made, nor any law ever voted, by a tenth
part of those who were bound to pay obedience to it; not to mention the islands
and foreign dominions, which the Athenians claimed as theirs by right of
conquest. And as it is well known that popular assemblies in that city were
always full of license and disorder, not withstanding
the institutions and laws by which they were checked; how much more disorderly
must they prove, where they form not the established constitution, but meet
tumultuously on the dissolution of the ancient government, in order to give
rise to a new one? How chimerical must it be to talk of a choice in such
circumstances?
¶17 The Achæans enjoyed
the freest and most perfect democracy of all antiquity; yet they employed force
to oblige some cities to enter into their league, as we learn from Polybius.
¶18 Harry the IVth and
Harry the VIIth of England, had really no title to
the throne but a parliamentary election; yet they never would acknowledge it,
lest they should thereby weaken their authority. Strange, if the only real
foundation of all authority be consent and promise?
¶19 It is in vain to say that all governments are or
should be at first founded on popular consent as much as the necessity of human
affairs will admit. This favors entirely my pretension. I maintain that human
affairs will never admit of this consent, seldom of the appearance of it; but
that conquest or usurpation—that is, in plain terms, force—by dissolving the
ancient governments, is the origin of almost all the new ones which were ever
established in the world. And that in the few cases where consent may seem to
have taken place, it was commonly so irregular, so confined, or so much
intermixed either with fraud or violence that it cannot have any great authority.
¶20 My intention here is not
to exclude the consent of the people from being one just foundation of
government. Where it has place, it is surely the best and most sacred of any. I
only contend that it has very seldom had place in any degree, and never almost
in its full extent, and that, therefore, some other foundation of government
must also be admitted.
¶22 When a new government is established, by
whatever means, the people are commonly dissatisfied with it and pay obedience
more from fear and necessity than from any idea of allegiance or of moral
obligation. The prince is watchful and jealous, and must carefully guard
against every beginning or appearance of insurrection. Time, by degrees,
removes all these difficulties and accustoms the nation to regard as their
lawful or native princes that family which at first they considered as usurpers
or foreign conquerors. In order to found this opinion, they have no recourse to
any notion of voluntary consent or promise which, they know, never was in this
case either expected or demanded. The original establishment was formed by
violence and submitted to from necessity. The subsequent administration is also
supported by power and acquiesced in by the people, not as a matter of choice
but of obligation. They imagine not that their consent gives their prince a
title. But they willingly consent because they think that, from long
possession, he has acquired a title independent of their choice or inclination.
¶23 Should it be said that, by living under the
dominion of a prince which one might leave, every individual has given a tacit
consent to his authority and promised him obedience, it may be answered that
such an implied consent can only have place where a man imagines that the
matter depends on his choice. But where he thinks—as all mankind do who are
born under established governments—that by his birth he owes allegiance to a
certain prince or certain form of government, it would be absurd to infer a
consent or choice which he expressly in this case renounces and disclaims.
¶35 The case is precisely the same with the
political or civil duty of allegiance as with the natural duties of justice and
fidelity. Our primary instincts lead us either to indulge ourselves in
unlimited freedom or to seek dominion over others; and it is reflection only
which engages us to sacrifice such strong passions to the interests of peace
and public order. A small degree of experience and
observation suffices to teach us that society cannot possibly be maintained
without the authority of magistrates, and that this authority must soon
fall into contempt where exact obedience is not paid to it. The observation of
these general and obvious interests is the source of all allegiance and of that
moral obligation which we attribute to it.
¶36 What necessity, therefore, is there to found the
duty of allegiance or obedience to magistrates on that of fidelity or a regard
to promises, and to suppose, that it is the consent of each individual which
subjects him to government, when it appears that both allegiance and fidelity
stand precisely on the same foundation, and are both submitted to by mankind,
on account of the apparent interests and necessities of human society? We are
bound to obey our sovereign, it is said, because we have given a tacit promise
to that purpose. But why are we bound to observe our promise? It must here be
asserted, that the commerce and intercourse of mankind, which are of such
mighty advantage, can have no security where men pay no regard to their
engagements. In like manner, may it be said that men could not live at all in
society, at least in a civilized society, without laws, and magistrates, and
judges, to prevent the encroachments of the strong upon the weak, of the
violent upon the just and equitable. The obligation to allegiance being of like
force and authority with the obligation to fidelity, we gain nothing by
resolving the one into the other. The general interests or necessities of
society are sufficient to establish both.
¶37 If the reason be asked of that obedience, which
we are bound to pay to government, I readily answer, Because
society could not otherwise subsist; and this answer is clear and intelligible
to all mankind. Your answer is, Because we should keep
our word. But besides, that no body, till trained in a philosophical system,
can either comprehend or relish this answer; besides this, I say, you find
yourself embarrassed when it is asked, Why we are
bound to keep our word? Nor can you give any answer but what would,
immediately, without any circuit, have accounted for our obligation to
allegiance.
¶38 But to whom is allegiance due? And who is our
lawful sovereign? This question is often the most difficult of any, and liable
to infinite discussions. When people are so happy that they can answer, Our present sovereign, who inherits, in a direct line, from
ancestors that have governed us for many ages, this answer admits of no reply,
even though historians, in tracing up to the remotest antiquity the origin of
that royal family, may find, as commonly happens, that its first authority was
derived from usurpation and violence. It is confessed that private justice, or
the abstinence from the properties of others, is a most cardinal virtue. Yet
reason tells us that there is no property in durable objects, such as lands or
houses, when carefully examined in passing from hand to hand, but must, in some
period, have been founded on fraud and injustice. The necessities of human
society, neither in private nor public life, will allow of such an accurate
inquiry; and there is no virtue or moral duty but what may, with facility, be
refined away, if we indulge a false philosophy in sifting and scrutinizing it,
by every captious rule of logic, in every light or position in which it may be
placed.
Reflections on the Revolution in
France
Edmund Burke
1790
Excerpts
Whatever may be the success of evasion in explaining
away the gross error of fact, which supposes that his Majesty (though he holds
it in concurrence with the wishes) owes his crown to the choice of his people,
yet nothing can evade their full explicit declaration concerning the principle
of a right in the people to choose; which right is directly maintained and
tenaciously adhered to. All the oblique insinuations concerning election bottom
in this proposition and are referable to it. Lest the
foundation of the king's exclusive legal title should pass for a mere rant of
adulatory freedom, the political divine proceeds dogmatically to assert[4] that, by the principles of the Revolution, the
people of England have acquired three fundamental rights, all which, with him,
compose one system and lie together in one short sentence, namely, that we have acquired a right:
(1) to choose our own governors.
(2) to cashier them for misconduct.
(3) to frame a government for ourselves.
This new and hitherto unheard-of bill of
rights, though made in the name of the whole people, belongs to those gentlemen
and their faction only. The body of the people of England have no share in it. They utterly
disclaim it. They will resist the practical assertion of it with their lives
and fortunes. They are bound to do so by the laws of their country made at the
time of that very Revolution which is appealed to in favor of the fictitious
rights claimed by the Society which abuses its name.
* * *
No government could stand a moment, if it could be
blown down with anything so loose and indefinite as an opinion of "misconduct."
They who led at the Revolution grounded the virtual abdication of King James
upon no such light and uncertain principle. They charged him with nothing less
than a design, confirmed by a multitude of illegal overt acts, to subvert
the Protestant church and state, and their fundamental,
unquestionable laws and liberties: they charged him with having broken
the original contract between king and people. This was more
than misconduct. A grave and overruling necessity obliged them to
take the step they took, and took with infinite reluctance, as under that most
rigorous of all laws. Their trust for the future preservation of the
constitution was not in future revolutions. The grand policy of all their
regulations was to render it almost impracticable for any future sovereign to
compel the states of the kingdom to have again recourse to those violent
remedies. They left the crown what, in the eye and estimation of law, it had
ever been, perfectly irresponsible. In order to lighten the crown still
further, they aggravated responsibility
on ministers of state. By the statute of the 1st of King William, sess. 2nd,
called
"the act for declaring the
rights and liberties of the subject, and for settling the succession to the
crown,"
they enacted, that the ministers should serve the
crown on the terms of that declaration. They secured soon after the frequent
meetings of parliament, by which the whole government would be under the
constant inspection and active control of the popular representative and
of the magnates of the kingdom. In the next great
constitutional act, that of the 12th and 13th of King William, for the
further limitation of the crown, and better securing the
rights and liberties of the subject, they provided,
"that no pardon under the
great seal of England should be pleadable to an
impeachment by the Commons in parliament."
The rule laid
down for government in the Declaration of Right, the constant inspection of
parliament, the practical claim of impeachment, they thought infinitely a
better security not only for their constitutional liberty, but against the
vices of administration, than the reservation of a right so difficult in the
practice, so uncertain in the issue, and often so mischievous in the
consequences, as that of "cashiering their governors."
* * *
Far am I from denying in theory, full as far is my
heart from withholding in practice (if I were of power to give or to withhold)
the real rights of men. In denying their false claims of right, I do not mean
to injure those which are real, and are such as their pretended rights would
totally destroy. If civil society be made for the advantage of man, all the
advantages for which it is made become his right. It is an institution of
beneficence; and law itself is only beneficence acting by a rule. Men have a
right to live by that rule; they have a right to do justice, as between their
fellows, whether their fellows are in public function or in ordinary
occupation. They have a right to the fruits of their industry and to the means
of making their industry fruitful. They have a right to the acquisitions of
their parents, to the nourishment and improvement of their offspring, to
instruction in life, and to consolation in death. Whatever each man can
separately do, without trespassing upon others, he has a right to do for
himself; and he has a right to a fair portion of all which society, with all
its combinations of skill and force, can do in his favor. In this partnership
all men have equal rights, but not to equal things. He that has but five
shillings in the partnership has as good a right to it as he that has five
hundred pounds has to his larger proportion. But he has not a right to an equal
dividend in the product of the joint stock; and as to the share of power,
authority, and direction which each individual ought to have in the management
of the state, that I must deny to be amongst the direct original rights of man
in civil society; for I have in my contemplation the civil social man, and no
other. It is a thing to be settled by convention.
If civil society be the offspring of convention,
that convention must be its law. That convention must limit and modify all the
descriptions of constitution which are formed under it. Every sort of
legislative, judicial, or executory power are its creatures. They can have no
being in any other state of things; and how can any man claim under the
conventions of civil society rights which do not so much as suppose its
existence — rights which are absolutely repugnant to it? One of the first
motives to civil society, and which becomes one of its fundamental rules, is
that no man should be judge in his own cause. By this each person has at once
divested himself of the first fundamental right of uncovenanted man, that is,
to judge for himself and to assert his own cause. He abdicates all right to be
his own governor. He inclusively, in a great measure, abandons the right of
self-defense, the first law of nature. Men cannot enjoy the rights of an
uncivil and of a civil state together. That he may obtain justice, he gives up
his right of determining what it is in points the most essential to him. That
he may secure some liberty, he makes a surrender in trust of the whole of it.
Government is not made in virtue of
natural rights, which may and do exist in total independence of it, and exist
in much greater clearness and in a much greater degree of abstract perfection;
but their abstract perfection is their practical defect. By having a right to everything
they want everything. Government is a contrivance of human wisdom to provide
for human wants. Men have a right that these wants should be provided for by
this wisdom. Among these wants is to be reckoned the want, out of civil
society, of a sufficient restraint upon their passions. Society requires not
only that the passions of individuals should be subjected, but that even in the
mass and body, as well as in the individuals, the inclinations of men should
frequently be thwarted, their will controlled, and their passions brought into
subjection. This can only be done by a power out of themselves, and not, in the
exercise of its function, subject to that will and to those passions which it
is its office to bridle and subdue. In this sense the restraints on men, as
well as their liberties, are to be reckoned among their rights. But as the
liberties and the restrictions vary with times and circumstances and admit to
infinite modifications, they cannot be settled upon any abstract rule; and
nothing is so foolish as to discuss them upon that principle.
The moment you abate anything from the full rights
of men, each to govern himself, and suffer any artificial, positive limitation
upon those rights, from that moment the whole organization of government
becomes a consideration of convenience. This it is which makes the constitution
of a state and the due distribution of its powers a matter of the most delicate
and complicated skill. It requires a deep knowledge of human nature and human
necessities, and of the things which facilitate or obstruct the various ends
which are to be pursued by the mechanism of civil institutions. The state is to
have recruits to its strength, and remedies to its distempers. What is the use
of discussing a man's abstract right to food or medicine? The question is upon
the method of procuring and administering them. In that deliberation I shall
always advise to call in the aid of the farmer and the physician rather than
the professor of metaphysics.
The science of constructing a commonwealth, or
renovating it, or reforming it, is, like every other experimental science, not
to be taught a priori. Nor is it a short experience that can instruct us in
that practical science, because the real effects of moral causes are not always
immediate; but that which in the first instance is prejudicial may be excellent
in its remoter operation, and its excellence may arise even from the ill
effects it produces in the beginning. The reverse also happens: and very
plausible schemes, with very pleasing commencements, have often shameful and
lamentable conclusions. In states there are often some obscure and almost
latent causes, things which appear at first view of little moment, on which a
very great part of its prosperity or adversity may most essentially depend. The
science of government being therefore so practical in itself and intended for
such practical purposes — a matter which requires experience, and even more
experience than any person can gain in his whole life, however sagacious and
observing he may be — it is with infinite caution that any man ought to venture
upon pulling down an edifice which has answered in any tolerable degree for
ages the common purposes of society, or on building it up again without having
models and patterns of approved utility before his eyes.
These metaphysic rights entering into common life,
like rays of light which pierce into a dense medium, are by the laws of nature
refracted from their straight line. Indeed, in the gross and complicated mass
of human passions and concerns the primitive rights of men undergo such a
variety of refractions and reflections that it becomes absurd to talk of them
as if they continued in the simplicity of their original direction. The nature
of man is intricate; the objects of society are of the greatest possible
complexity; and, therefore, no simple disposition or direction of power can be
suitable either to man's nature or to the quality of his affairs. When I hear
the simplicity of contrivance aimed at and boasted of in any new political
constitutions, I am at no loss to decide that the artificers are grossly
ignorant of their trade or totally negligent of their duty. The simple
governments are fundamentally defective, to say no worse of them. If you were
to contemplate society in but one point of view, all these simple modes of
polity are infinitely captivating. In effect each would answer its single end
much more perfectly than the more complex is able to attain all its complex
purposes. But it is better that the whole should be imperfectly and anomalously
answered than that, while some parts are provided for with great exactness,
others might be totally neglected or perhaps materially injured by the
over-care of a favorite member.
The pretended rights of these theorists are all
extremes; and in proportion as they are metaphysically true, they are morally
and politically false. The rights of men are in a sort of middle, incapable of
definition, but not impossible to be discerned. The rights of men in
governments are their advantages; and these are often in balances between
differences of good, in compromises sometimes between good and evil, and
sometimes between evil and evil. Political reason is a computing principle:
adding, subtracting, multiplying, and dividing, morally and not metaphysically
or mathematically, true moral denominations.
* * *
SOCIETY is indeed a contract. Subordinate
contracts for objects of mere occasional interest may be dissolved at pleasure
— but the state ought not to be considered as nothing better than a partnership
agreement in a trade of pepper and coffee, calico, or tobacco, or some other
such low concern, to be taken up for a little temporary interest, and to be
dissolved by the fancy of the parties. It is to be looked on with other
reverence, because it is not a partnership in things subservient only to the
gross animal existence of a temporary and perishable nature. It is a partnership
in all science; a partnership in all art; a partnership in every virtue and in
all perfection. As the ends of such a partnership cannot be obtained in many
generations, it becomes a partnership not only between those who are living,
but between those who are living, those who are dead, and those who are to be
born. Each contract
of each particular state is but a clause in the great primeval contract of
eternal society, linking the lower with the higher natures, connecting the
visible and invisible world, according to a fixed compact sanctioned by the
inviolable oath which holds all physical and all moral natures, each in their
appointed place. This law is not subject to the will of those who by an
obligation above them, and infinitely superior, are bound to submit their will
to that law. The municipal corporations of that universal kingdom are not
morally at liberty at their pleasure, and on their speculations of a contingent
improvement, wholly to separate and tear asunder the bands of their subordinate
community and to dissolve it into an unsocial, uncivil, unconnected chaos of
elementary principles. It is the first and supreme necessity only, a necessity
that is not chosen but chooses, a necessity paramount to deliberation, that
admits no discussion and demands no evidence, which alone can justify a resort
to anarchy. This necessity is no exception to the rule, because this necessity
itself is a part, too, of that moral and physical disposition of things to
which man must be obedient by consent or force; but if that which is only
submission to necessity should be made the object of choice, the law is broken,
nature is disobeyed, and the rebellious are outlawed, cast forth, and exiled
from this world of reason, and order, and peace, and virtue, and fruitful penitence,
into the antagonist world of madness, discord, vice, confusion, and unavailing
sorrow.