Book 3 : Principles of Government
PRINCIPLES OF GOVERNMENT
SYSTEMS OF POLITICAL WRITERS
Having in the preceding book attempted a general delineation of the principles of rational society, it is proper that we, in the next place, proceed to the topic of government.
It has hitherto been the persuasion of communities of men in all ages and countries that there are occasions, in which it becomes necessary, to supersede private judgment for the sake of public good, and to control the acts of the individual, by an act to be performed in the name of the whole.
Previously to our deciding upon this question, it will be of advantage to inquire into the nature of government, and the manner in which this control may be exercised with the smallest degree of violence and usurpation in regard to the individual. This point, being determined, will assist us finally to ascertain both the quantity of evil which government in its best form involves, and the urgency of the case which has been supposed to demand its interference.
There can be little ground to question the necessity, and consequently the justice, of force to be, in some cases, interposed between individual and individual. Violence is so prompt a mode of deciding differences of opinion and contentions of passion that there will infallibly be some persons who will resort to this mode. How is their violence to be repressed, or prevented from being accompanied occasionally with the most tragical effects? Violence must necessarily be preceded by an opinion of the mind dictating that violence; and, as he who first has resort to force instead of argument, is unquestionably erroneous, the best and most desirable mode of correcting him is by convincing him of his error. But the urgency of the case when, for example, a dagger is pointed to my own breast or that of another, may be such as not to afford time for expostulation. Hence the propriety and duty of defense.
Is not defense equally necessary, on the part of a community, against a foreign enemy, or the contumacy of its own members? This is perhaps the most forcible view in which the argument in favor of the institution of government has yet been placed. But, waiving this question for the present, the inquiry now proposed is, if action on the part of the community should in any in stance be found requisite, in what manner is it proper or just that the force, acting in behalf of the community, should be organized?
There are three hypotheses that have been principally maintained upon this subject. First, the system of force, according to which it is affirmed "that, inasmuch as it is necessary that the great mass of mankind should be held under the subjection of compulsory restraint, there can be no other criterion of that restraint than the power of the individuals who lay claim to its exercise, the foundation of which power exists, in the unequal degrees in which corporal strength, and intellectual sagacity, are distributed among mankind."
There is a second class of reasoners, who deduce the origin of all government from divine right, and affirm "that, as men derived their existence from an infinite creator at first, so are they still subject to his providential care, and of consequence owe allegiance to their civil governors, as to a power which he has thought fit to set over them."
The third system is that which has been most usually maintained by the friends of equality and justice; the system according to which the individuals of any society are supposed to have entered into a contract with their governors or with each other, and which founds the authority of government in the consent of the governed.
The first two of these hypotheses may easily be dismissed. That of force appears to proceed upon the total negation of abstract and immutable justice, affirming every government to be right that is possessed of power sufficient to enforce its decrees. It puts a violent termination upon all political science; and is calculated for nothing further than to persuade men to sit down quietly under their present disadvantages, whatever they may be, and not exert themselves to discover a remedy for the evils they suffer. The second hypothesis is of an equivocal nature. It either coincides with the first, and affirms all existing power to be alike of divine derivation; or it must remain totally useless, till a criterion can be found to distinguish those governments which are approved by God from those which cannot lay claim to that sanction. The criterion of patriarchal descent will be of no avail till the true claimant and rightful heir can be discovered. If we make utility and justice the test of God's approbation, this hypothesis will be liable to little objection; but then on the other hand little will be gained by it, since those who have not introduced divine right into the argument will yet readily grant that a government which can be shown to be agreeable to utility and justice is a rightful government.
The third hypothesis demands a more careful examination. If any error have insinuated itself into the support of truth, it becomes of particular consequence to detect it. Nothing can be of more importance than to separate prejudice and mistake on the one hand from reason and demonstration on the other. Wherever they have been confounded, the cause of truth must necessarily be the sufferer. The cause, so far from being injured by a dissolution of the unnatural alliance, may be expected to derive from that dissolution a superior degree of prosperity and luster.
OF THE SOCIAL CONTRACT
Upon the first statement of the system of a social contract various difficulties present themselves. Who are the parties to this contract? For whom did they consent, for themselves only, or for others? For how long a time is this contract to be considered as binding? If the consent of every individual be necessary, in what manner is that consent to be given? Is it to be tacit, or declared in express terms?
Little will be gained for the cause of equality and justice if our ancestors, at the first institution of government, had a right indeed of choosing the system of regulations under which they thought proper to live, but at the same time could barter away the understandings and independence of all that came after them, to the latest posterity. But, if the contract must be renewed in each successive generation, what periods must be fixed on for that purpose? And if I be obliged to submit to the established government till my turn comes to assent to it, upon what principle is that obligation founded? Surely not upon the contract into which my father entered before I was born?
Secondly, what is the nature of the consent in consequence of which I am to be reckoned a party to the frame of any political constitution? It is usually said "that acquiescence is sufficient; and that this acquiescence is to be inferred from my living quietly under the protection of the laws." But if this be true, an end is as effectually put to all political science, all discrimination of better and worse, as by any system invented by the most slavish sycophant. Upon this hypothesis every government that is quietly submitted to is a lawful government, whether it be the usurpation of Cromwell, or the tyranny of Caligula. Acquiescence is frequently nothing more, than a choice on the part of the individual, of what he deems the least evil. In many cases it is not so much as this, since the peasant and the artisan, who form the bulk of a nation, however dissatisfied with the government of their country, seldom have it in their power to transport themselves to another. It is also to be observed upon the system of acquiescence, that it is in little agreement with the established opinions and practices of mankind. Thus what has been called the law of nations, lays least stress upon the allegiance of a foreigner settling among us, though his acquiescence is certainly most complete; while natives removing into an uninhabited region are claimed by the mother country, and removing into a neighboring territory are punished by municipal law, if they take arms against the country in which they were born. But surely acquiescence can scarcely be construed into consent, while the individuals concerned are wholly unapprized of the authority intended to be rested upon it.(1*)
Locke, the great champion of the doctrine of an original contract, has been aware of this difficulty, and therefore observes that "a tacit consent indeed obliges a man to obey the laws of any government, as long as he has any possessions, or enjoyment of any part of the dominions of that government; but nothing can make a man a member of the commonwealth, but his actually entering into it by positive engagement and express promise and compact."(2*) A singular distinction! implying upon the face of it that an acquiescence, such as has just been described is sufficient to render a man amenable to the penal regulations of society; but that his own consent is necessary to entitle him to the privileges of a citizen.
A third objection to the social contract will suggest itself, as soon as we attempt to ascertain the extent of the obligation, even supposing it to have been entered into in the most solemn manner by every member of the community. Allowing that I am called upon, at the period of my coming of age for example, to declare my assent or dissent to any system of opinions, or any code of practical institutes; for how long a period does this declaration bind me? Am I precluded from better information for the whole course of my life? And, if not for my whole life, why for a year, a week or even an hour? If my deliberate judgment, or my real sentiment, be of no avail in the case, in what sense can it be affirmed that all lawful government is founded in consent?
But the question of time is not the only difficulty. If you demand my assent to any proposition, it is necessary that the proposition should be stated simply and clearly. So numerous are the varieties of human understanding, in all cases where its independence and integrity are sufficiently preserved, that there is little chance of any two men coming to a precise agreement, about ten successive propositions that are in their own nature open to debate. What then can be more absurd, than to present to me the laws of England in fifty volumes folio, and call upon me to give an honest and uninfluenced vote upon their contents?
But the social contract, considered as the foundation of civil government, requires of me more than this. I am not only obliged to consent to all the laws that are actually upon record, but to all the laws that shall hereafter be made. It was under this view of the subject that Rousseau, in tracing the consequences of the social contract, was led to assert that "the great body of the people in whom the sovereign authority resides can neither delegate nor resign it. The essence of that authority," he adds, "is the general will; and will cannot be represented. It must either be the same or another; there is no alternative. The deputies of the people cannot be its representatives; they are merely its attorneys. The laws which the community does not ratify in person, are no laws, are nullities."(3*)
The difficulty here stated, has been endeavored to be provided against by some late advocates for liberty, in the way of addresses of adhesion; addresses originating in the various districts and departments of a nation, and without which no regulation of constitutional importance is to be deemed valid. But this is a very superficial remedy. The addressers of course have seldom any other alternative, than that above alluded to, of indiscriminate admission or rejection. There is an infinite difference between the first deliberation, and the subsequent exercise of a negative The former is a real power, the latter is seldom more than the shadow of a power. Not to add, that addresses are a most precarious and equivocal mode of collecting the sense of a nation. They are usually voted in a tumultuous and summary manner; they are carried along by the tide of party; and the signatures annexed to them are obtained by indirect and accidental methods, while multitudes of bystanders, unless upon some extraordinary occasion, remain ignorant of or indifferent to the transaction.
Lastly, if government be founded in the consent of the people, it can have no power over any individual by whom that consent is refused. If a tacit consent be not sufficient, still less can I be deemed to have consented to a measure upon which I put an express negative. This immediately follows from the observations of Rousseau. If the people, or the individuals of whom the people is constituted, cannot delegate their authority to a representative, neither can any individual delegate his authority to a majority, in an assembly of which he is himself a member. That must surely be a singular species of consent, the external indications of which are often to be found, in an unremitting opposition in the first instance, and compulsory subjection in the second.
1. Hume's Essays, Part II, Essay xii.
2. Treatise of Government, Book II, Chap. viii, § 119, 122.
3. 'La souverainetè ne peut être représentée, par le même raison qu'elle ne peut être aliénée; elle consiste essentiellement dans la volonté générale, et la volonte ne se représente point: elle est la même, ou elle est autre; il n'y a point de milieu. Les députés du peuple ne sont donc point ses représentans, ils ne sont que ses commissaires; ils ne peuvent rien conclure définitivement. Toute loi que le peuple en personne n'a pas ratifiée, est nulle; ce n'est point une loi.' Du Contrat Social, Liv. III, Chap. XV.
The whole principle of an original contract rests upon the obligation under which we are conceived to be placed to observe our promises. The reasoning upon which it is founded is "that we have promised obedience to government, and therefore are bound to obey." The doctrine of a social contract would never have been thought worth the formality of an argument had it not been presumed to be one of our first and paramount obligations to perform our engagements. It may be proper therefore to inquire into the nature of this obligation.
And here the first observation that offers itself, upon the principle of the doctrines already delivered,(1*) is that promises and compacts are in no sense the foundation of morality.
The foundation of morality is justice. The principle of virtue is an irresistible deduction from the wants of one man, and the ability of another to relieve them. It is not because I have promised that I am bound to do that for my neighbor which will be beneficial to him and not injurious to me. This is an obligation which arises out of no compact, direct or understood; and would still remain, though it were impossible that I should experience a return, either from him or any other human being. It is not on account of any promise or previous engagement that I am bound to tell my neighbor the truth. Undoubtedly one of the reasons why I should do so is because the obvious use of the faculty of speech is to inform, and not to mislead. But it is an absurd account of this motive, to say that my having recourse to the faculty of speech amounts to a tacit engagement that I will use it for its genuine purposes. The true ground of confidence between man and man is the knowledge we have of the motives by which the human mind is influenced; our perception that the motives to deceive can but rarely occur, while the motives to veracity will govern the stream of human actions.
This position will be made still more incontrovertible if we bestow a moment's attention upon the question, Why should we observe our promises? The only rational answer that can be made is because it tends to the welfare of intelligent beings. But this answer is equally cogent if applied to any other branch of morality. It is therefore absurd to rest the foundation of morality thus circuitously upon promises, when it may with equal propriety be rested upon that from which promises themselves derive their obligation.(2*)
Again; when I enter into an engagement, I engage for that which is in its own nature conducive to human happiness, or which is not so. Can my engagement always render that which before was injurious agreeable to, and that which was beneficial the opposite of duty? Previously to my entering into a promise, there is something which I ought to promise, and something which I ought not. Previously to my entering into a promise, all modes of action were not indifferent. Nay, the very opposite of this is true. Every conceivable mode of action has its appropriate tendency, and shade of tendency, to benefit, or to mischief, and consequently its appropriate claim to be performed or avoided. Thus clearly does it appear that promises and compacts are not the foundation of morality.
Secondly, I observe that promises are, absolutely considered, an evil, and stand in opposition to the genuine and wholesome exercise of an intellectual nature.
Justice has already appeared to be the sum of moral and political duty. But the measure of justice is the useful or injurious characters of the men with whom I am concerned; the criterion of justice is the influence my conduct will have upon the stock of general good. Hence it inevitably follows that the motives by which duty requires me to govern my actions must be such as are of general application.
What is it then to which the obligation of a promise applies? What I have promised is what I ought to have performed, if no promise had intervened, or it is not. It is conducive, or not conducive, to the generating of human happiness. If it be the former, then promise comes in merely as an additional inducement, in favor of that which, in the eye of morality, was already of indispensable obligation. -- It teaches me to do something from a precarious and temporary motive which ought to be done for its intrinsic recommendations. If therefore right motives and a pure intention are constituent parts of virtue, promises are clearly at variance with virtue.
But promises will not always come in reinforcement of that which was duty before the promise was made. When it is otherwise, there is obviously a contention between what would have been obligatory, if no promise had intervened, and what the promise which has been given has a tendency to render obligatory.
Nor can it with much cogency be alleged in this argument that promises may at least assume an empire over things indifferent. There is nothing which is truly indifferent. All things in the universe are connected together.(3*) It is true that many of these links in human affairs are too subtle to be traced by our grosser optics. But we should observe as many of them as we are able. He that is easily satisfied as to the morality of his conduct will suppose that questions of duty are of rare occurrence, and perhaps lament that there is so little within his sphere to perform. But he that is anxiously alive to the inspirations of virtue will scarcely find an hour in which he cannot, by act or preparation) contribute to the general weal. If then every shilling of our property, and every faculty of our mind, have received their destination from the principles of unalterable justice, promises have scarcely an atom of ground upon which they can properly and legitimately be called to decide.
There is another consideration of great weight in this case. Our faculties and our possessions are the means by which we are enabled to benefit others. Our time is the theater in which only these means can unfold themselves. There is nothing the right disposal of which is more sacred. In order to the employing our faculties and our possessions in the way most conducive to the general good, we are bound to acquire all the information which our opportunities enable us to acquire. Now one of the principal means of information is time. We must therefore devote to that object all the time our situation will allow. But we abridge, and that in the most essential point, the time of gaining information, if we bind ourselves today to the conduct we will observe two months hence. He who thus anticipates upon the stores of knowledge is certainly not less improvident than he who lives by anticipating the stores of fortune.
An active and conscientious man will continually add to his materials of judgment. Nor is it enough to say that every man ought to regard his judgment as immature, and look forward with impatience to the moment which shall detect his present oversights. Beside this, it will always happen that, however mature the faculties of any individual may deserve to be considered, he will be perpetually acquiring new information as to that respecting which his conduct is to be decided at some future period. Let the case be of an indentured servant. Why should I, unless there be something in the circumstances obliging me to submit to this disadvantage, engage to allow him to reside for a term of years under my roof, and to employ towards him a uniform mode of treatment, whatever his character may prove in the sequel? Why should he engage to live with and serve me however tyrannical, cruel or absurd may be my carriage towards him? We shall both of us hereafter know more of each other, and of the benefits or inconveniences attendant on our connection. Why preclude ourselves from. the use of this knowledge? Such a situation will inevitably generate a perpetual struggle between the independent dictates of reason, and the conduct which the particular compact into which we have entered may be supposed to prescribe.
It follows from what has been here adduced that promises, in the same sense as has already been observed of government, are an evil, though, it may be, in some cases a necessary evil. -- To remove the obscurity which might otherwise accompany this mode of expression, it is perhaps proper to advert to the sense in which the word evil is here used.
Evil may be either general or individual: an event may either be productive of evil in its direct and immediate operation, or in a just balance and comprehensive estimate of all the effects with which it is pregnant. In which soever of these senses the word is understood, the evil is not imaginary, but real.
Evil is a term which differs from pain only as it has a more comprehensive meaning. It may be defined to signify whatever is painful itself, or is connected with pain, as an antecedent is connected with its consequent. Thus explained, it appears that a thing not immediately painful may be evil, but in a somewhat improper and imperfect sense. It bears the name of evil not upon its own account. Nothing is evil in the fullest sense but pain.
To this it may be added that pain is always an evil. Pleasure and pain, happiness and misery, constitute the whole ultimate subject of moral inquiry. There is nothing desirable but the obtaining of the one and the avoiding of the other. All the researches of human imagination cannot add a single article to this summary of good. Hence it follows that, wherever pain exists, there is evil. Were it otherwise, there would be no such thing as evil. If pain in one individual be not an evil, then it would not be an evil for pain to be felt by every individual that exists, and forever. The universe is no more than a collection of individuals.
To illustrate this by an obvious example. The amputation of a leg is an evil of considerable magnitude. The pain attendant on the operation is exquisite. The cure is slow and tormenting. When cured, the man who has suffered the amputation is precluded for ever from a variety both of agreeable amusements and useful occupations. Suppose him to suffer this operation from pure wantonness, and we shall then see its calamity in the most striking light. Suppose, on the other hand, the operation to be the only alternative for stopping a mortification, and it becomes relatively good. But it does not, upon this account, cease to be an absolute evil. The painful sensation, at least to a considerable degree, remains; and the abridgment of his pleasures and utility for the rest of his life is in no respect altered.
The case of promises is considerably similar to this. So far as they have any effect, they depose us, as to the particular to which they relate, from the use of our own understanding; they call off our attention from the direct tendencies of our conduct, and fix it upon a merely local and precarious consideration. There may be cases in which they are necessary and ought to be employed: but we should never suffer ourselves by their temporary utility to be induced to forget their intrinsic nature, and the demerits which adhere to them independently of any peculiar concurrence of circumstances.
Thirdly, it may be added to the preceding observations that promises are by no means of so frequent necessity as has been often imagined.
It may be asked, "How, without the intervention of promises, can the affairs of the world be carried on?" To this it will be a sufficient answer in the majority of instances to say that they will be best carried on by rational and intelligent beings acting as if they were rational and intelligent. Why should it be supposed that affairs would not for the most part go on sufficiently well, though my neighbor could no further depend upon my assistance than it appeared reasonable to grant it? This will, upon many occasions, be a sufficient dependence, if I be honest; nor will he, if he be honest, desire anything further.
But it will be alleged, "Human pursuits are often of a continued tenour, made up of a series of actions, each of which is adopted, not for its own sake, but for the sake of some conclusion in which it terminates. Many of these depend for their success upon co-operation and concert. It is therefore necessary that I should have some clear and specific reason to depend upon the fidelity of my coadjutor, that so I may not be in danger, when I have for a length of time persisted in my exertions, of being frustrated by some change that his sentiments have undergone in the interval." To this it may be replied that such a pledge of fidelity is less frequently necessary than is ordinarily imagined. Were it to be superseded in a variety of cases, men would be taught to have more regard to their own exertions, and less to the assistance of others, which caprice may refuse, or justice oblige them to withhold. They would acquire such merit as should oblige every honest man, if needful, to hasten to their succor; and engage in such pursuits as, not depending upon the momentary caprice of individuals, rested for their success upon the less precarious nature of general circumstances.
Having specified the various limitations that exist as to the utility of promises, it remains for us to discuss their form and obligation in the cases where they may be conceived to be necessary.
Promises are of two kinds, perfect and imperfect. A perfect promise is where the declaration of intention is made by me, for the express purpose of serving as a ground of expectation to my neighbor respecting my future conduct. An imperfect promise is where it actually thus serves as a ground of expectation, though that was not my purpose when I made the declaration. Imperfect promises are of two classes: I may have reason, or I may have no reason, to know, when I make the declaration, that it will be acted upon by my neighbor, though not assuming the specific form of an engagement.
As to imperfect promises it may be observed that they are wholly unavoidable. No man can always refrain from declaring his intention as to his future conduct. Nay, it should seem that, in many cases, if a man inquire of me the state of my mind in this respect, duty obliges me to inform him of this as I would of any other fact. Were it otherwise, a perpetual coldness and reserve would pervade all human intercourse. But the improvement of mankind rests upon nothing so essentially as upon the habitual practice of candor, frankness and sincerity.
Perfect promises will also in various instances occur. I have occasion for an interview with a particular person, tomorrow. I inform him of my intention of being upon a certain spot at a given hour of the day. It is convenient to him to go to the same place at the same time, for the purpose of meeting me. In this case, it is impossible to prevent the mutual declaration of intention from serving as a sort of pledge of the performance. Qualifying expressions will make little alteration: the ordinary circumstances which qualify engagements will in most cases be understood, whether they are stated or no. Appointments of this sort, so far from deserving to be uniformly avoided, ought in many cases to be sought, that there may be as little waste of time or exertion on either side as the nature of the situation will admit.
To proceed from the manner in which engagements are made to the obligation that results from them. This obligation is of different degrees according to the nature of the case; but it is impossible to deny that it may be of the most serious import. We have already seen that each man is entitled to his sphere of discretion, which another may not, unless under the most imperious circumstances, infringe.(4*) But I infringe it as substantially by leading him into a certain species of conduct through the means of delusive expectations, as by any system of usurpation it is possible to employ. A person promises me, I will suppose, five hundred pounds for a certain commodity, a book it may be, which I am to manufacture. I am obliged to spend several months in the production. Surely, after this, he can rarely be justified in disappointing me, and saying I have found a better object upon which to employ my money. The case is nearly similar to that of the laborer who, after having performed his day's work, should be refused his wages. Take the case the other way, and suppose that, I having contracted to produce the commodity, the other party to the contract has advanced me three out of the five hundred pounds. Suppose further, that I am unable to replace this sum. Surely I am not at liberty to dispense myself from the performance of my engagement.
The case here is of the same nature as of any other species of property. Property is sacred: there is but one way in which duty requires the possessor to dispose of it, but I may not forcibly interfere, and dispose of it in the best way in his stead. This is the ordinary law of property, as derived from the principles of universal morality.(5*) But there are cases that supersede this law. The principle that attributes to every man the disposal of his property, as well as that distributes to every man his sphere of discretion, derives its force in both instances from the consideration that a greater sum of happiness will result from its observance than its infringement. Wherever therefore the contrary to this is clearly the case, there the force of the principle is suspended. What shall prevent me from taking by force from my neighbor's store, if the alternative be that I must otherwise perish with hunger? What shall prevent me from supplying the distress of my neighbor from property that, strictly speaking, is not my own, if the emergence be terrible, and will not admit of delay? Nothing; unless it be the punishment that is reserved for such conduct in some instances; since it is no more fitting that I should bring upon myself calamity and death than that I should suffer them to fall upon another.
The vesting of property in any individual admits of different degrees of fullness, and, in proportion to that fullness, will be the mischief resulting from its violation. If, then, it appear that, even when the vesting amounts to the fullness of regular possession, there are cases in which it ought to be violated, the different degrees that fall short of this will admit of still greater modification. It is in vain that the whole multitude of moralists assures us that the sum I owe to another man is as little to be infringed upon as the wealth of which he is in possession. Everyone feels the fallacy of this maxim. The sum I owe to another may in many cases be paid, at my pleasure, either today or tomorrow, either this week or next. The means of payment, particularly with a man of slender resources, must necessarily be fluctuating, and he must employ his discretion as to the proportion between his necessary and his gratuitous disbursements. When he ultimately fails of payment, the mischief he produces is real, but is not so great, at least in ordinary cases, as that which attends upon robbery. In fine, it is a law resulting from the necessity of nature that he who has any species of property in trust, for however short a time, must have a discretion, sometimes less and sometimes greater, as to the disposal of it.
To return once more to the main principle in this gradation. The property, most completely sanctioned by all the general rules that can be devised, is yet not inviolable. The imperious principle of self-preservation may authorize me to violate it. A great and eminent balance of good to the public may authorize its violation; and upon this ground we see proprietors occasionally compelled to part with their possessions, under every mode of government in the world. As a general maxim it may be admitted that force is a legitimate means of prevention, where the alternative is complete, and the employment of force will not produce a greater evil, or subvert the general tranquility. But, if direct force be in certain cases justifiable, indirect force, or the employment of the means placed in my hands without an anxious inquiry respecting the subordinate regulations of property, where the benefit to be produced is clear, is still more justifiable. Upon this ground, it may be my duty to relieve, upon some occasions, the wretchedness of my neighbor, without having first balanced the debtor and creditor side of my accounts, or when I know that balance to be against me. Upon this ground, every promise is considered as given under a reserve for unforeseen and imperious circumstances, whether that reserve be specifically stated or no. Upon the same ground an appointment for an interview is considered as subject to a similar reserve; though the time of my neighbor which I dissipate upon that supposition, is as real a property as his wealth, is a part of that sphere over which every man is entitled to the exercise of his separate discretion. It is impossible that human society can subsist without frequent encroachments of one man upon his neighbor: we sufficiently discharge our duty if we habitually recollect that each man has his province, and endeavor to regulate our conduct accordingly.
These principles are calculated to set in a clearer light than they have often been exhibited the cases that authorize the violation of promises. Compact is not the foundation of morality; on the contrary, it is an expedient to which we are sometimes obliged to have resort, but the introduction of which must always be regarded by an enlightened observer with jealousy. It ought never to be called forth but in cases of the clearest necessity. It is not the principle upon which our common happiness reposes; it is only one of the means for securing that happiness. The adherence to promises therefore, as well as their employment in the first instance, must be decided by the general criterion, and maintained only so far as, upon a comprehensive view, it shall be found productive of a balance of happiness.
There is further an important distinction to be made between a promise given without an intention to perform it, and a promise which information, afterwards acquired, persuades me to violate. The first can scarcely in any instance take place without fixing a stain upon the promiser, and exhibiting him, to say the least, as a man greatly deficient in delicacy of moral discrimination. The case of the second is incomparably different. Every engagement into which I have entered an adherence to which I shall afterwards find to be a material obstacle to my utility (suppose an engagement not to write anything in derogation of the thirty-nine articles) ought to be violated: nor can there be any limitation upon this maxim, except where the violation will greatly encroach upon the province and jurisdiction of my neighbor.
Let us apply these remarks upon the nature of promises to the doctrine of a social contract. It is not through the medium of any supposed promise or engagement that we are induced to believe that the conduct of our neighbor will not be ridiculously inconsistent or wantonly malicious. If he protest in the most solemn way against being concluded by any such promise, at the same time that he conducts himself in a rational and sober manner, he will not find us less disposed to confide in him. We depend as readily upon a foreigner that he will not break the laws, and expose himself to their penalties (for this has been supposed to be one of the principal branches of the social contract), as we do upon our countryman. If we do not depend equally upon the Arabs who inhabit the plains of Asia, it is not because we impute to them a deficiency in their social contract, but because we are ignorant of their principles of conduct, or know that those principles do not afford us a sufficient security as to the particulars of our intercourse with them. Tell a man what will be the solid and substantial effects of his proceeding, how it will affect his neighbors, and what influence it will have upon his own happiness, and you speak to the unalienable feelings of the human mind. But tell him that, putting these things for the present out of our consideration, it is sufficient that he has promised a certain conduct, or that, if he have not expressly promised it, he has promised it by implication, or that, if he have not promised it, his ancestors a few generations back promised it for him; and you speak of a motive that scarcely finds a sympathetic chord in one human breast, and that few will so much as understand.
Few things can be more absurd than to talk of our having promised obedience to the laws. If the laws depend upon promises for their execution, why are they accompanied with sanctions? Why is it considered as the great arcanum of legislation to make laws that are easy of execution, and that need no assistance from the execrable intervention of oaths and informers? Again, why should I promise that I will do everything that a certain power, called the government, shall imagine it convenient, or decide that it is fitting, for me to do? Is there in this either morality, or justice, or common sense? Does brute force alone communicate to its possessor a sufficient claim upon my veneration? For, be it observed, the wisdom or duty of obedience proceeds upon exactly the same principle, whether it be to a tyrant, or to the most regularly elected house of representatives. There is but one power to which I can yield a heart-felt obedience, the decision of my own understanding, the dictate of my own conscience. The decrees of any other power, especially if I have a firm and independent mind, I shall obey with reluctance and aversion. My obedience is purely an affair of composition: I choose to do that which, in itself considered, my judgment disapproves, rather than incur the greater evil which the power from whom the mandate issues annexes to my disobedience.(6*)
There is another principle concerned in this subject, and that is sincerity: I may not evade the laws of the society by any dishonorable subterfuge or contemptible duplicity. But the obligation of sincerity, like all the other great principles of morality, is not founded in promises, but in the indefeasible benefit annexed to its observance. Add to which, the sincerity I am bound to practice towards the magistrate, particularly in a case where his requisition shall be unjust, is not different in its principle, and is certainly of no higher obligation, than the sincerity I am bound to practice towards a private individual.
Let us however suppose that the assertion of an implied contract in every community is true, or let us take the case where an actual engagement has been entered into by the members of the society. This appears from what has been already delivered to be of that class of promises which are of slightest obligation. In the notion of a social contract little is made over, little expectation is excited, and therefore little mischief is included in its breach. What we most expect and require in a member of the same community is the qualities of a man, and the conduct that ought to be observed indifferently by a native or a stranger. Where a promise or an oath is imposed upon me superfluously, as is always the case with promises of allegiance; or where I am compelled to make it by the operation of a penalty; the treatment I suffer is atrociously unjust, and of consequence the breach of such a promise is peculiarly susceptible of apology. A promise of allegiance is a declaration that I approve the actual constitution of things, and, so far as it is binding, an engagement that I will continue to support that constitution. But I shall support for as long a time, and in as great a degree, as I approve of it, without needing the intervention of a promise It will be my duty not to undertake its destruction by precipitate and unpromising means, for a much more cogent reason than can be deduced from any promise I have made. An engagement for anything further than this is both immoral and absurd: it is an engagement to a non-entity, a constitution; a promise that I will abstain from doing that which I believe to be beneficial to my fellow citizens.
1. Book II, Ch.II, &c.
2. Hume's Essays, Part II, Essay xii.
3. Book II, Chap. V.
4. Book II, Chap. V.
5. Book VIII.
6. Chap. VI.
OF POLITICAL AUTHORITY
Having rejected the hypotheses that have most generally been advanced as to the rational basis of a political authority, let us inquire whether we may not arrive at the same object by a simple investigation of the obvious reason of the case, without refinement of system or fiction of process.
Government then being first supposed necessary for the welfare of mankind, the most important principle that can be imagined relative to its structure seems to be this; that, as government is a transaction in the name and for the benefit of the whole, every member of the community ought to have some share in the selection of its measures. The arguments in support of this proposition are various.
First, it has already appeared that there is no satisfactory criterion marking out any man, or set of men, to preside over the rest.
Secondly, all men are partakers of the common faculty, reason; and may be supposed to have some communication with the common instructor, truth. It would be wrong in an affair of such momentous concern that any chance for additional wisdom should be rejected; nor can we tell, in many cases, till after the experiment, how eminent any individual may be found in the business of guiding and deliberating for his fellows.
Thirdly, government is a contrivance instituted for the security of individuals; and it seems both reasonable that each man should have a share in providing for his own security; and probable that partiality and cabal will by this means be most effectually excluded.
Lastly, to give each man a voice in the public concerns comes nearest to that fundamental purpose of which we should never lose sight, the uncontrolled exercise of private judgment. Each man will thus be inspired with a consciousness of his own importance, and the slavish feelings that shrink up the soul in the presence of an imagined superior will be unknown.
Admitting then the propriety of each man having a share in directing the affairs of the whole in the first instance, it seems necessary that he should concur in electing a house of representatives, if he be the member of a large state; or, even in a small one, that he should assist in the appointment of officers and administrators;(1*) which implies, first, a delegation of authority to these officers, and, secondly, a tacit consent, or rather an admission of the necessity, that the questions to be debated should abide the decision of a majority.
But to this system of delegation the same objections may be urged that were cited from Rousseau under the head of a social contract. It may be alleged that "if it be the business of every man to exercise his own judgment, he can in no instance surrender this function into the hands of another."
To this objection it may be answered, first, that the parallel is by no means complete between an individual's exercise of his judgment in a case that is truly his own, and his exercise of his judgment in an article where the province of a government is already admitted. If there be something contrary to the simplest ideas of justice in such a delegation, this is an evil inseparable from political government. The true and only adequate apology of government is necessity; the office of common deliberation is solely to supply the most eligible means of meeting that necessity.
Secondly, the delegation we are here considering is not, as the word in its most obvious sense may seem to imply, the act of one man committing to another a function which, strictly speaking, it became him to exercise for himself. Delegation, in every instance in which it can be reconciled with justice, proposes for its object the general good. The individuals to whom the delegation is made are either more likely, from talents or leisure, to perform the function in the most eligible manner, or there is at least some public interest requiring that it should be performed by one or a few persons, rather than by every individual for himself. This is the case whether in that first and simplest of all political delegations, the prerogative of a majority, or in the election of a house of representatives, or in the appointment of public officers. Now all contest as to the person who shall exercise a certain function and the propriety of resigning it is frivolous the moment it is decided how and by whom it can most advantageously be exercised. It is of no consequence that I am the parent of a child when it has once been ascertained that the child will live with greater benefit under the superintendence of a stranger.
Lastly, it is a mistake to imagine that the propriety of restraining me, when my conduct is injurious, rises out of any delegation of mine. The justice of employing force upon certain emergencies was at least equally cogent be fore the existence of society.(2*) Force ought never to be resorted to but in cases of absolute necessity; and, when such cases occur, it is the duty of every man to defend himself from violation. There is therefore no delegation necessary on the part of the offender; but the community, in the censure it exercises over him, puts itself in the place of the injured party.
From what is here stated, we may be enabled to form the clearest and most unexceptionable idea of the nature of government. Every man, as was formerly observed,(3*) has a sphere of discretion; that sphere is limited by the co-ordinate sphere of his neighbor. The maintenance of this limitation, the office of taking care that no man exceeds his sphere, is the first business of government. Its powers, in this respect, are a combination of the powers of individuals to control the excesses of each other. Hence is derived to the individuals of the community a second and indirect province, of providing, by themselves or their representatives, that this control is not exercised in a despotical manner, or carried to an undue excess.
It may perhaps be imagined by some persons that the doctrine here delivered, of the justice of proceeding in common concerns by a common deliberation, is nearly coincident with that which affirms a lawful government to derive its authority from a social contract. Let us consider what is the true difference between them: and this seems principally to lie in the following particular.
The principle of a social contract is an engagement to which a man is bound by honor, fidelity or consistency to adhere. According to the principle here laid down, he is bound to nothing. He joins in the common deliberation because he foresees that some authority will be exercised, and because this is the best chance that offers itself for approximating the exercise of that authority, to the dictates of his own understanding. But, when the deliberation is over, he finds himself as much disengaged as ever. If he conform to the mandate of authority, it is either because he individually approves it, or from a principle of prudence, because he foresees that a greater mass of evil will result from his disobedience than of good. He obeys the freest and best constituted authority, upon the same principle that would lead him, in most instances, to yield obedience to a despotism; only with this difference, that, if the act of authority be erroneous, he finds it less probable that it will be corrected in the first instance than in the second, since it proceeds from the erroneous judgment of a whole people. -- But all this will appear with additional evidence when we come to treat of the subject of obedience.
Too much stress has undoubtedly been laid upon the idea, as of a grand and magnificent spectacle, of a nation deciding for itself upon some great public principle, and of the highest magistracy yielding its claims when the general voice has pronounced. The value of the whole must at last depend upon the quality of their decision. Truth cannot be made more true by the number of its votaries. Nor is the spectacle much less interesting of a solitary individual, bearing his undaunted testimony in favor of justice, though opposed by misguided millions. Within certain limits however the beauty of the exhibition may be acknowledged. That a nation should exercise undiminished its function of common deliberation is a step gained, and a step that inevitably leads to an improvement of the character of individuals. That men should agree in the assertion of truth is no unpleasing evidence of their virtue. Lastly, that an individual, how ever great may be his imaginary elevation, should be obliged to yield his personal pretensions to the sense of the community at least bears the appearance of a practical confirmation of the great principle that all private considerations must yield to the general good.
1. We shall be led, in a subsequent branch of this inquiry, to investigate how far either of these measures is inseparable from the maintenance of social order. Book V, Chap. XXIV.
2. Chap. I.
3. Book II, Chap. V.
Having thus far investigated the nature of political functions, it seems necessary that some explanation should be given upon the subject of legislation. "Who is it that has authority to make laws? What are the characteristics of that man or body of men in whom the tremendous faculty is vested of prescribing to the rest of the community what they are to perform, and what to avoid?"
The answer to these questions is exceedingly simple: Legislation, as it has been usually understood, is not an affair of human competence. Immutable reason is the true legislator, and her decrees it behooves us to investigate. The functions of society extend, not to the making, but the interpreting of law; it cannot decree, it can only declare that which the nature of things has already decreed, and the propriety of which irresistibly flows from the circumstances of the case.
Montesquieu says that "in a free state, every man will be his own legislator."(1*) This is not true, in matters the most purely individual, unless in the limited sense already explained. It is the office of conscience to determine, "not like an Asiatic cadi, according to the ebbs and flows of his own passions, but like a British judge, who makes no new law, but faithfully declares that law which he finds already written."(2*) The same distinction is to be made upon the subject of political authority. All government is, strictly speaking, executive. It has appeared to be necessary, with respect to men as we at present find them, that force should sometimes be employed in repressing injustice; and for the same reasons that this force should, as far as possible, be vested in the community. To the public support of justice therefore the authority of the community extends. But no sooner does it wander in the smallest degree from the line of justice than its proper authority is at an end; it may be submitted to by its subjects from necessity; from necessity it may be exercised, as an individual complies with his ill-informed conscience in default of an enlightened one; but it ought never to confounded with the lessons of real duty, or the decisions of impartial truth.
1. "Dans état libre, tout homme qui est censé avoir une ame libre, doit étre gouverné par lui-meme." Esprit des lois; Liv. XI, Ch. vi.
2. Sterne's Sermons -- Of a Good Conscience.
THE two great questions upon which the theory of government depends are: Upon what foundation can political authority with the greatest propriety rest? and, What are the considerations which bind us to political obedience? Having entered at length into the first of these questions, it is time that we should proceed to the examination of the second.
One of the most popular theories, relative to the foundation of political authority, we have seen to be that of an original contract, affirming that the criterion of political justice is to be found in the conventions and rules which have been adjusted by the community at large. In pursuance of this original position, the same theorists have necessarily gone on and affirmed that the true source of obligation to political obedience was to be found in the same principle, and that, in obeying a government regularly constituted, we did nothing more than perform our engagements.
The reasonings in support of this hypothesis are obvious. "Suppose a number of persons living in any neighborhood should perceive that great common benefit would accrue from building a bridge, sinking a canal, or making a highway. The simplest mode for them to adopt is to consult together, and raise the money necessary for effecting this desirable purpose, by each man assessing himself according to his ability, and contributing his quota to a common fund. Now it is plain that, in this case, each pays his assessment (supposing the payment to be voluntary) in consideration of the previous agreement; his contribution would be of no avail, however desirable was the object to be effected, had he not reason to depend upon the rest of the neighborhood, that they would pay theirs. But government"' says the advocate of an original contract, "when regularly constituted, is precisely such a provision as the one here stated for building a bridge, or making a road: it is a consultation and settlement among the different members of a community as to the regulations most conducive to the benefit of the whole. It is upon this principle that taxes are paid, and that the force of the community is drawn out in such proportions as are necessary to repress the external or internal disturbers of its tranquility. The ground therefore upon which each man contributes his share of effort or property is that he may perform his contract, and discharge that for which he has engaged as a member of the community."
The refutation of this hypothesis has been anticipated in the preceding chapters. -- Government can with no propriety be compared to the construction of a bridge or a canal, a matter of mere convenience and refinement. It is supposed to be of the most irresistible necessity; it is indisputably an affair of hardship and restraint. It constitutes other men the arbitrators of my actions, and the ultimate disposers of my destiny. -- Almost every member of every community that has existed on the face of the earth might reasonably say, "I know of no such contract as you describe; I never entered into any such engagement; I never promised to obey; it must therefore be an iniquitous imposition to call upon me to do something under pretense of a promise I never made." -- The reason a man lives under any particular government is partly necessity; he cannot easily avoid living under some government and it is often scarcely in his powers to abandon the country in which he was born: it is also partly a choice of evils; no man can be said, in this case, to enjoy that freedom which is essential to forming a contract, unless it could be shown that he had a power of instituting, somewhere, a government adapted to his own conceptions. -- Government in reality, as has abundantly appeared is a question of force, and not of consent. It is desirable that a government should be made as agreeable as possible to the ideas and inclinations of its subjects; and that they should be consulted, as extensively as may be, respecting its construction and regulations. But, at last, the best constituted government that can be formed, particularly for a large community, will contain many provisions that, far from having obtained the consent of all its members, encounter even in their outset a strenuous, though ineffectual, opposition. -- From the whole of these reasonings it appears that, in those measures which have the concurrence of my judgment, I may reasonably be expected to co-operate with willingness and zeal; but, for the rest, my only justifiable ground of obedience is that I will not disturb the repose of the community, or that I do not perceive the question to be of sufficient magnitude to authorize me in incurring the penalty.
To understand the subject of obedience with sufficient accuracy, it is necessary that we should attend to the various shades of meaning of which the word is susceptible.
Every voluntary action is an act of obedience; in performing it, we comply with some view, and are guided by some incitement or motive.
The purest kind of obedience is where an action flows from the independent conviction of our private judgment, where we are directed, not by the precarious and mutable interference of another, but by a recollection of the intrinsic and indefeasible tendency of the action to be performed.(1*) In this case the object of obedience is the dictate of the understanding: the action may or may not be such as my neighbors or the community will approve, but this approbation does not constitute its direct motive.
The kind of obedience which stands next to this in its degree of voluntariness arises in the following manner. Every man is capable of comparing himself with his fellow. Every man will find that there are some points in which he is equal to or perhaps the superior of other men, but there are certainly some points in which other men are superior to him. The superiority in question in the present instance is superiority of intellect or information. It may happen that the point in which another man surpasses me is a point of some importance to my welfare or convenience. I want, for example, to sink a well. It may happen that I have not the leisure or the means to acquire the science necessary for this purpose. Upon that supposition, I am not to be blamed if I employ a builder for the first or a mechanic for the second; nor shall I be liable if I work in person under his direction. This sort of obedience is distinguished by the appellation of confidence; and to justify, in a moral view, the reposing of confidence, the only thing necessary is that it should be fitter and more beneficial, all things considered, that the function to be performed should be performed by me.
The third and last kind of obedience necessary to be adverted to upon the present occasion is where I do that which is not prescribed to me by my private judgment, merely on account of the mischievous consequences that I foresee will be annexed to my omission by the arbitrary interference of some voluntary being.
The most important observation that arises upon the statement of scale of obedience in the second degree ought to be guarded with as much jealousy, and kept to the person yielding obedience within as narrow limits as possible. The last sort of obedience will frequently be necessary. Voluntary beings constitute a large portion of the universe; we shall often have occasion to foresee their arbitrary determinations and conduct, nor can knowledge, as such, in any instance fail to be a desirable acquisition; our conduct therefore must and ought to be modified by their interferences. Morality, as has already been frequently observed, consists entirely in an estimate of consequences; he is the truly virtuous man who produces the greatest portion of benefit his situation will admit. The most exalted morality indeed, that in which the heart reposes with the most unmingled satisfaction, relates to the inherent and indefeasible tendencies of actions. But we shall be by no means excusable if we overlook, in our system of conduct, the arbitrary awards of other men. Nothing can be more certain than that an action, suppose of inferior moment or utility, which for its own sake might be right to be performed, it may become my duty to neglect if I know that by performing it I shall incur the penalty of death.
The mischiefs attendant on the frequent recurrence of this species of obedience, and the grounds upon which its interference is to be guarded against, as extensively as circumstances will admit, have already been stated.(2*) Yet obedience flowing from the consideration of a penalty is less a source of degradation and depravity than a habit of obedience founded in confidence. The man who yields it may reserve, in its most essential sense, his independence. He may be informed in judgment, and resolved in purpose, as to every moral and social obligation. He may suffer his understanding neither to be seduced nor confounded; he may observe, in its fullest extent, the mistake and prepossession of his neighbor, to which he thus finds it necessary to accommodate himself. It seems possible that he who thus pities the folly, while he complies with the necessity, may still, even under this discipline, grow in discrimination and sagacity.
The greatest mischief that can arise in the progress of obedience is, where it shall lead us, in any degree, to depart from the independence of our understanding, a departure general and unlimited confidence necessarily includes. In this view, the best advice that could be given to a person in a state of subjection is, "Comply, where the necessity of the case demands it; but criticize while you comply. Obey the unjust mandates of your governors; for this prudence and the consideration of the common safety may require; but treat them with no false lenity, regard them with no indulgence. Obey; this may be right; but beware of reverence. Reverence is nothing but wisdom and skill: government may be vested in the fittest persons; then they are entitled to reverence, because they are wise, and not because they are governors: and it may be vested in the worst. Obedience will occasionally be right in both cases: you may run south to avoid a wild beast advancing in that direction, though you want to go north. But be upon your guard against confounding things so totally unconnected with each other as a purely political obedience and respect. Government is nothing but regulated force; force is its appropriate claim on you attention. it is the business of individuals to persuade; the tendency of concentrated strength is only to give consistency and permanence to an influence more compendious than persuasion."
All this will be made somewhat clearer if we reflect on the proper correlative of obedience, authority: and here let us recur to the three sorts of obedience above specified.
The first kind of authority, then, is the authority of reason, what is really such, or is conceived to be such. The terms, both authority and obedience, are less frequently employed in this sense than in either of the following.
The second kind of authority is that which depends for its validity upon the confidence of him with whom it prevails, and is where, not having myself acquired such information as to enable me to form a judicious opinion, I yield a greater or less degree of deference to the known sentiment and decision of another. This seems to be the strictest and most precise meaning of the word authority; as obedience, in its most refined sense, denotes that compliance which is the offspring of respect.
Authority in the last of the three senses alluded to is where a man, in issuing his precept, does not deliver that which may be neglected with impunity; but his requisition is attended with a sanction, and the violation of it will be followed with a penalty. This is the species of authority which properly connects itself with the idea of government. It is a violation of political justice to confound the authority which depends upon force, with the authority which arises from reverence and esteem; the modification of my conduct which might be due in the case of a wild beast, with the modification which is due to superior wisdom. These two kinds of authority may happen to vest in the same person; but they are altogether distinct and independent of each other.
The consequence which has flowed from confounding them has been a greater debasement of the human character than could easily have followed upon direct and unqualified slavery. The principle of confidence, and the limitations with which it ought to be attended, are capable of an easy and convincing explication. I am bound, to the fullest extent that is consistent with my opportunities and situation, to exercise my understanding. Man is the ornament of the universe only in proportion as he consults his judgment. Whatever I submit to from the irresistible impulse of necessity is not mine, and debases me only as it tends gradually to shackle the intrepidity of my character. With respect to some men therefore it may be innoxious. But, where I make the voluntary surrender of my understanding, and commit my conscience to another man's keeping, the consequence is clear. I then become the most mischievous and pernicious of animals. I annihilate my individuality as a man, and dispose of my force as an animal to him among my neighbors who shall happen to excel in imposture and artifice, and to be least under restraint from the scruples of integrity and justice. I put an end, as to my own share, to that happy collision of understandings upon which the hopes of human improvement depend. I can have no genuine fortitude, for fortitude is the offspring of conviction. I can have no conscious integrity, for I do not understand my own principles, and have never brought them to the test of examination. I am the ready tool of injustice, cruelty and profligacy; and, if at any time I am not employed in their purposes, it is the result of accident, not of my own precaution and honesty.
The understanding must first be consulted, and then, no doubt, confidence will come in for its share of jurisdiction. The considerations which will have influence in the mind of an impartial enquirer to enforce, or to give an air of doubtfulness to, his opinions, are numerous. Among these, he will not refuse attention to the state of opinion in the present or any preceding generation of men. In the meantime it will rarely happen that the authority of other men's judgment in cases of general inquiry will be of great weight. Either men of equal talents and integrity have embraced both sides; or their prejudice, and deficiency as to the materials of judging, have been such as extremely to weaken their testimony. Add to this, that the only ground of opinion, strictly so called, is the intrinsic evidence of the opinion itself; upon that our judgment must be formed; and the decision of others can have no effect but that of increasing or diminishing our doubt of the rectitude of our own perceptions. The direct province of confidence is to supply, in the best way the case will admit, the defect of our knowledge; but it can never, strictly speaking, furnish knowledge itself. Its proper use belongs rather to the circumstance of actions immediately to be determined on, than to matters of speculation and principle. Thus, I ought not perhaps to refuse weight to the advice of some men, even when the reasons by which they enforce their advice are conceived by me to be problematical: and thus, I am bound, as before stated, to trust another, in the moment of emergency, in the art he has studied, rather than myself by whom that study was never undertaken. Except when the nature of my situation calls upon me to act, I shall do more wisely in refraining from any decision, in questions where I am not assisted to decide by information that is properly my own.
One of the lessons most assiduously inculcated upon mankind in all ages and countries is that of reverence to our superiors. If by this maxim be intended our superiors in wisdom, it may be admitted, but with some qualification. But, if it imply our superiors in station only, nothing can be more contrary to reason and justice. Is it not enough that they have usurped certain advantages over us to which they can show no equitable claim; and must we also humble our courage, and renounce our in dependence, in their presence? Why reverence a man because he happens to be born to certain privileges; or because a concurrence of circumstances (for wisdom, as we have already seen, gives a claim to respect utterly distinct from power) has procured him a share in the legislative or executive government of our country? Let him content himself with the obedience which is the result of force; for to that only is he entitled.
Reverence to our superiors in wisdom is to be admitted, but with considerable limitations. I am bound, as has already appeared, to repose certain functions, such as that of building my house, or educating my child, in the hands of him by whom those functions will most properly be discharged. It may be right that I should act under the person to whom I have thus given my suffrage, in cases where I have reason to be persuaded of his skill, and can not be expected to acquire the necessary skill myself. But in those cases of general justice which are equally within the province of every human understanding, I am a deserter from the requisitions of duty if I do not assiduously exert my faculties, or if I be found to act contrary to the conclusions they would dictate, from deference to the opinions of another. -- The reverence we are here considering is a reverence prompting us to some kind of obedience; there is another kind, terminating in esteem only, that, so far from deserving to be confined within these strict limitations, we are bound to extend to every man who is the possessor of estimable qualities.
The reverence which is due from a child to his parent, or rather to his senior in age and experience, falls under the same rules as have already been delivered. Wherever I have good reason to believe that another person knows better than myself what is proper to be done, there I ought to conform to his direction. But the advantage which he possesses must be obvious, otherwise I shall not be justified in my proceeding. If I take into the account every chance for advantage, I shall never act upon the result of my own reflections. The mind of one man is essentially distinct from the mind of another. If each do not preserve his individuality, the judgment of all will be feeble, and the progress of our common understanding inexpressibly retarded. Hence it follows that the deference of a child becomes vicious whenever he has reason to doubt that the parent possesses essential information of which he is deprived. Nothing can be more necessary for the general benefit than that we should divest ourselves, as soon as the proper period arrives, of the shackles of infancy; that human life should not be one eternal childhood; but that men should judge for themselves, unfettered by the prejudices of education, or the institutions of their country.
To a government, therefore, that talked to us of deference to political authority, and honor to be rendered to our superiors, our answer should be: "It is yours to shackle the body, and restrain our external actions; that is a restraint we understand. Announce your penalties; and we will make our election of submission or suffering. But do not seek to enthralled our minds. Exhibit your force in its plainest form, for that is your province; but seek not to inveigle and mislead us. Obedience and external submission is all you are entitled to claim; you can have no right to extort our deference, and command us not to see, and disapprove of, your errors." In the meantime it should be observed that it is by no means a necessary consequence that we should disapprove of all the measures of government; but there must be disapprobation wherever there is a question of strict political obedience.
A corollary which flows from these principles is deserving of our attention. Confidence is in all cases the offspring of ignorance. It must therefore continually decline, in relation, as was above stated, to "those cases of general justice which are equally within the province of every human understanding," in proportion as wisdom and virtue shall increase. But the questions that belong to the department of government are questions of general justice. The conduct of an enlightened and virtuous man can only be conformable to the regulations of government so far as those regulations are accidentally coincident with his private judgment, or as he acts with prudent and judicious submission to the necessity of the case. He will not act from confidence; for he has himself examined, as it was his duty to do, the merits of the action: and he has not failed to detect the imposture that would persuade us there is a mystery in government which uninitiated mortals must not presume to penetrate. Now it is sufficiently known that the empire of government is built in opinion;(3*) nor is it enough for this purpose that we refuse to contribute to overturn it by violence, the opinion must go to the extent of prompting us to actual support. No government can subsist in a nation the individuals of which shall merely abstain from tumultuous resistance, while in their genuine sentiments they censure and despise its institution. In other words, government cannot proceed but upon confidence, as confidence on the other hand cannot exist without ignorance. The true supporters of government are the weak and uninformed, and not the wise. In proportion as weakness and ignorance shall diminish, the basis of government will also decay. This however is an event which ought not to be contemplated with alarm. A catastrophe of this description would be the true euthanasia of government. If the annihilation of blind confidence and implicit opinion can at any time be effected, there will necessarily succeed in their place an unforced concurrence of all in promoting the general welfare. But, whatever may be the event in this respect, and the future history of political societies,(4*) we shall do well to remember this characteristic of government, and apply it as the universal touchstone of the institution itself. As in the commencement of the present Book we found government indebted for its existence to the errors and perverseness of a few, so it now appears that it can no otherwise be perpetuated than by the infantine and uninstructed confidence of the many. It may be to a certain degree doubtful whether the human species will ever be emancipated from their present subjection and pupilage, but let it not be forgotten that this is their condition. The recollection will be salutary to individuals, and may ultimately be productive of benefit to all.
1. Book II, Chap. VI.
2. Book II, Chap. VI.
3. Book I, Chap. VI; Book II, Chap. III.
4. Book V, Chap. XXII, XXIV.
Of Forms of Government
There is one other topic relative to general principles of government, which it seems fitting and useful to examine in this place. "Is there a scheme of political institution which, as coming nearest to perfection, ought to be prescribed to all nations; or, on the other hand, are different forms of government best adapted to the condition of different nations, each worthy to be commended in its peculiar place, but none proper to be transplanted to another soil?"
The latter part of this alternative is the creed which has ordinarily prevailed; but it is attended with obvious objections.
If one form of government makes one nation happy, why should it not equally contribute to the felicity of another?
The points in which human beings resemble are infinitely more considerable than those in which they differ. We have the same senses; and the impressions on those senses which afflict me may ordinarily be expected to be sources of anguish to you. It is true that men differ in their habits and tastes. But these are accidental varieties. There is but one perfection to man; one thing most honorable; one thing that, to a well organized and healthful mind, will produce the most exquisite pleasure. All else is deviation and error; a disease, to be cured, not to be encouraged. Sensual pleasure on the one hand, or intellectual on the other, is, absolutely speaking, the highest and most desirable. We are not to make too much account of the perversions of taste. Men long inured to slavery, for example, undoubtedly have a less exquisite sense of its hatefulness; perhaps instances may be found where it is borne without a murmur. But this is by no means a proof that it is the fit and genuine state of the beings who suffer it. To such men we ought to say, "You are satisfied with an oblivion of all that is eminent in man; but we will awake you. You are contented with ignorance; but we will enlighten you. You are not brutes: you are not stones. You sleep away existence in a miserable neglect of your most valuable privileges: but you are capable of exquisite delights; you are formed to glow with benevolence, to expatiate in the fields of knowledge, to thrill with disinterested transport, to enlarge your thoughts, so as to take in the wonders of the material universe, and the principles that bound and ascertain the general happiness."
If then it appears that the means which are beneficial to one man ought, in the most important instances, to be deemed most desirable for others, the same principle which applies to all other sources of moral influence will also apply to government. Every political system must have a certain influence upon the moral state of the nation among whom it exists. Some are more favorable, or less inimical, to the general interest than others. That form of society which is most conducive to improvement, to the exalted and permanent pleasure of man) the sound politician would wish to see universally realized.
Such is the true theory of this subject, taken in its most absolute form; but there are circumstances that qualify the universality of these principles.
The best gift that can be communicated to man is valuable only so far as it is esteemed. It is in vain that you heap upon me benefits that I neither understand nor desire. The faculty of understanding is an essential part of every human being, and cannot with impunity be over looked, in any attempt to alter or meliorate his condition. Government, in particular, is founded in opinion; nor can any attempt to govern men otherwise than in conformity to their own conceptions be expected to prove salutary. A project therefore to introduce abruptly any species of political institution, merely from a view to its absolute excellence, and without taking into account the state of the public mind, must be absurd and injurious. The best mode of political society will, no doubt, be considered by the enlightened friend of his species, as the ultimate object of his speculations and efforts. But he will be on his guard against precipitate measures. The only mode for its secure and auspicious establishment is through the medium of a general preference in its favor.
The consequence which flows from this view of the subject is, in a certain degree, favorable to the ideas which were stated in the beginning of the chapter, as constituting the more general and prevailing opinion.
"Different forms of government, are best adapted to the condition of different nations." Yet there is one form, in itself considered, better than any other form. Every other mode of society, except that which conduces to the best and most pleasurable state of the human species, is at most only an object of toleration. It must of necessity be ill in various respects; it must entail mischiefs; it must foster unsocial and immoral prejudices. Yet upon the whole, it may be, like some excrescences and defects in the human frame, it cannot immediately be removed without introducing something worse. In the machine of human society all the wheels must move together. He that should violently attempt to raise any one part into a condition more exalted than the rest, or force it to start away from its fellows, would be the enemy, and not the benefactor, of his contemporaries.
It follows however, from the principles already detailed, that the interests of the human species require a gradual, but uninterrupted change. He who should make these principles the regulators of his conduct would not rashly insist upon the instant abolition of all existing abuses. But he would not nourish them with false praise. He would show no indulgence to their enormities. He would tell all the truth he could discover, in relation to the genuine interests of mankind. Truth, delivered in a spirit of universal kindness, with no narrow resentments or angry invective, can scarcely be dangerous, or fail, so far as relates to its own operation, to communicate a similar spirit to the hearer. Truth, however unreserved be the mode of its enunciation, will be sufficiently gradual in its progress. It will be fully comprehended only by slow degrees by its most assiduous votaries; and the degrees will be still more temperate by which it will pervade so considerable a portion of the community as to render them mature for a change of their common institutions.
Again: if conviction of the understanding be the compass which is to direct our proceedings in the general affairs, we shall have many reforms, but no revolutions.(1*) As it is only in a gradual manner that the public can be instructed, a violent explosion in the community is by no means the most likely to happen as the result of instruction. Revolutions are the produce of passion, not of sober and tranquil reason. There must be an obstinate resistance to improvement on the one side, to engender a furious determination of realizing a system at a stroke on the other. The reformers must have suffered from incessant counteraction, till, inflamed by the treachery and art of their opponents, they are wrought up to the desperate state of imagining that all must be secured in the first favorable crisis, as the only alternative for its being ever secured. It would seem therefore that the demand of the effectual ally of the public happiness, upon those who enjoy the privileges of the state, would be, "Do not give us too soon; do not give us too much; but act under the incessant influence of a disposition to give us something."
Government, under whatever point of view we examine this topic, is unfortunately pregnant with motives to censure and complaint. Incessant change, everlasting innovation, seem to be dictated by the true interests of man kind. But government is the perpetual enemy of change. What was admirably observed of a particular system of government(2*) is in a great degree true of all: They "lay their hand on the spring there is in society, and put a stop to its motion." Their tendency is to perpetuate abuse. Whatever was once thought right and useful they under take to entail to the latest posterity. They reverse the genuine propensities of man, and, instead of suffering us to proceed, teach us to look backward for perfection. They prompt us to seek the public welfare, not in alteration and improvement, but in a timid reverence for the decisions of our ancestors, as if it were the nature of the human mind always to degenerate, and never to advance.
Man is in a state of perpetual mutation. He must grow either better or worse, either correct his habits or confirm them. The government under which we are placed must either increase our passions and prejudices by fanning the flame, or, by gradually discouraging, tend to extirpate them. In reality, it is impossible to conceive a government that shall have the latter tendency. By its very nature positive institution has a tendency to suspend the elasticity and progress of mind. Every scheme for embodying imperfection must be injurious. That which is today a considerable melioration will at some future period, if preserved unaltered, appear a defect and disease in the body politic. It is earnestly to be desired that each man should be wise enough to govern himself, without the intervention of any compulsory restraint; and, since government, even in its best state, is an evil, the object principally to be aimed at is that we should have as little of it as the general peace of human society will permit.
1. Book IV, Chap. II.
2. The Spartan: Logan's Philosophy of History, p. 69.
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