that of his father; whether it be of his mere good will, or for money lent him; and under what conditions, and for what purposes, he has bound himself. In like manner, it being certain that there is a moral obligation to submit to government, because everyone thinks so; it must be as certain that this obligation arises not from a promise; since no one, whose judgment has not been led astray by too strict adherence to a system of philosophy, has ever yet dreamt of ascribing it to that origin. Neither magistrates nor subjects have formed this idea of our civil duties.
We find, that magistrates are so far from deriving their authority, and the obligation to obedience in their subjects, from the foundation of a promise or original contract, that they conceal, as far as possible, from their people, especially from the vulgar, that they have their origin from thence. Were this the sanction of government, our rulers would never receive it tacitly, which is the utmost that can be pretended; since what is given tacitly and insensibly, can never have such influence on mankind as what is performed expressly and openly.
A tacit promise is, where the will is signified by other more diffuse signs than those of speech; but a will there must certainly be in the case, and that can never escape the person's notice who exerted it, however silent or tacit. But were you to ask the far greatest part of the nation, whether they had ever consented to the authority of their rulers, or promised to obey them, they would be inclined to think very strangely of you; and would certainly reply, that the affair depended not on their consent, but that they were born to such an obedience.
In consequence of this opinion, we frequently see them imagine such persons to be their natural rulers, as are at that time deprived of all power and authority, and whom no man, however foolish, would voluntarily choose; and this merely because they are in that line which ruled before, and in that decree of it which used to succeed: though perhaps in so distant a period, that scarce any man alive could ever have given any promise of obedience. Has a government, then, no authority over such as these, because they never consented to it, and would esteem the very attempt of such a free choice a piece of arrogance and impiety? We find by experience, that it punishes them very freely for what it calls treason and rebellion, which, it seems, according to this system, reduces itself to common injustice. If you say, that by dwelling in its dominions, they in effect consented to the established government, I answer, that this can only be where they think the affair depends on their choice, which few or none beside those philosophers have ever yet imagined. It never was pleaded as an excuse for a rebel, that the first act he performed, after he came to years of discretion, was to levy war against the sovereign of the state; and that, while he was a child he could not bind himself by his own consent, and having become a man, showed plainly, by the first act he performed, that he had no design to impose on himself any obligation to obedience. We find, on the contrary, that civil laws punish this crime at the same age as any other which is criminal of itself, without our consent; that is, when the person is come to the full use of reason: whereas to this crime it ought in justice to allow some intermediate time, in which a tacit consent at least might be supposed.
To which we may add, that a man living under an absolute government would owe it no allegiance; since, by its very nature, it depends not on consent. But as that is as _natural_ and _common_ a government as any, it must certainly occasion some obligation; and 'tis plain from experience, that men who are subjected to it do always think so. This is a clear proof, that we do not commonly esteem our allegiance to be derived from our consent or promise; and a farther proof is, that when our promise is upon any account expressly engaged, we always distinguish exactly betwixt the two obligations, and believe the one to add more force to the other, than in a repetition of the same promise.
Where no promise is given, a man looks not on his faith as broken in private matters, upon account of rebellion; but keeps those two duties of honour and allegiance perfectly distinct and separate. As the uniting of them was thought by these philosophers a very subtile invention, this is a convincing proof that 'tis not a true one; since no man can either give a promise, or be restrained by its sanction and obligation, unknown to himself.
SECTION IX.
OF THE MEASURES OF ALLEGIANCE.
Those political writers who have had recourse to a promise, or original contract, as the source of our allegiance to government, intended to establish a principle which is perfectly just and reasonable; though the reasoning upon which they endeavoured to establish it, was fallacious and sophistical. They would prove, that our submission to government admits of exceptions, and that an egregious tyranny in the rulers is sufficient to free the subjects from all ties of allegiance.
Since men enter into society, say they, and submit themselves to government by their free and voluntary consent, they must have in view certain advantages which they, propose to reap from it, and for which they are contented to resign their native liberty. There is therefore something mutual engaged on the part of the magistrate, viz. protection and security; and 'tis only by the hopes he affords of these advantages, that he can ever persuade men to submit to him.
But when, instead of protection and security, they meet with tyranny and oppression, they are freed from their promises, (as happens in all conditional contracts), and return to that state of liberty which preceded the institution of government. Men would never be so foolish as to enter into such engagements as should turn entirely to the advantage of others, without any view of bettering their own condition. Whoever proposes to draw any profit from our submission, must engage himself, either expressly or tacitly, to make us reap some advantage from his authority; nor ought he to expect, that, without the performance of his part, we will ever continue in obedience.
I repeat it: This conclusion is just, though the principles be erroneous; and I flatter myself, that I can establish the same conclusion on more reasonable principles. I shall not take such a compass, in establishing our political duties, as to assert that men perceive the advantages of government; that they institute government with a view to those advantages; that this institution requires a promise of obedience, which imposes a moral obligation to a certain degree, but, being conditional, ceases to be binding whenever the other contracting party performs not his part of the engagement. I perceive, that a promise itself arises entirely from human conventions, and is invented with a view to a certain interest. I seek, therefore, some such interest more immediately connected with government, and which may be at once the original motive to its institution, and the source of our obedience to it. This interest I find to consist in the security and protection which we enjoy in political society, and which we can never attain when perfectly free and independent. As the interest, therefore, is the immediate sanction of government, the one can have no longer being than the other; and whenever the civil magistrate carries his oppression so far as to render his authority perfectly intolerable, we are no longer bound to submit to it. The cause ceases; the effect must cease also.
So far the conclusion is immediate and direct, concerning the _natural_ obligation which we have to allegiance. As to the _moral_ obligation, we may observe, that the maxim would here be false, that _when the cause ceases the effect must cease also_. For there is a principle of human nature, which we have frequently taken notice of, that men are mightily addicted to _general rules_, and that we often carry our maxims beyond those reasons which first induced us to establish them.
Where cases are similar in many circumstances, we are apt to put them on the same footing, without considering that they differ in the most material circumstances, and that the resemblance is more apparent than real. It may therefore be thought, that, in the case of allegiance, our moral obligation of duty will not cease, even though the natural obligation of interest, which is its cause, has ceased; and that men may be bound by _conscience_ to submit to a tyrannical government, against their own and the public interest. And indeed, to the force of this argument I so far submit, as to acknowledge, that general rules commonly extend beyond the principles on which they are founded; and that we seldom make any exception to them, unless that exception have the qualities of a general rule, and be founded on very numerous and common instances. Now this I assert to be entirely the present case.
When men submit to the authority of others, 'tis to procure themselves some security against the wickedness and injustice of men, who are perpetually carried, by their unruly passions, and by their present and immediate interest, to the violation of all the laws of society.
But as this imperfection is inherent in human nature, we know that it must attend men in all their states and conditions; and that those whom we choose for rulers, do not immediately become of a superior nature to the rest of mankind, upon account of their superior power and authority. What we expect from them depends not on a change of their nature, but of their situation, when they acquire a more immediate interest in the preservation of order and the execution of justice.
But, besides that this interest is only more immediate in the execution of justice among their subjects; besides this, I say, we may often expect, from the irregularity of human nature, that they will neglect even this immediate interest, and be transported by their passions into all the excesses of cruelty and ambition. Our general knowledge of human nature, our observation of the past history of mankind, our experience of present times; all these causes must induce us to open the door of exceptions, and must make us conclude, that we may resist the more violent effects of supreme power without any crime or injustice.
Accordingly we may observe, that this is both the general practice and principle of mankind, and that no nation that could find any remedy, ever yet suffered the cruel ravages of a tyrant, or were blamed for their resistance. Those who took up arms against Dionysius or Nero, or Philip the Second, have the favour of every reader in the perusal of their history; and nothing but the most violent perversion of common sense can ever lead us to condemn them. 'Tis certain, therefore, that in all our notions of morals, we never entertain such an absurdity as that of passive obedience, but make allowances for resistance in the more flagrant instances of tyranny and oppression. The general opinion of mankind has some authority in all cases; but in this of morals 'tis perfectly infallible. Nor is it less infallible, because men cannot distinctly explain the principles on which it is founded.
Few persons can carry on this train of reasoning: 'Government is a mere human invention for the interest of society. Where the tyranny of the governor removes this interest, it also removes the natural obligation to obedience. The moral obligation is founded on the natural, and therefore must cease where _that_ ceases; especially where the subject is such as makes us foresee very many occasions wherein the natural obligation may cease, and causes us to form a kind of general rule for the regulation of our conduct in such occurrences.' But though this train of reasoning be too subtile for the vulgar, 'tis certain that all men have an implicit notion of it, and are sensible that they owe obedience to government merely on account of the public interest; and, at the same time, that human nature is so subject to frailties and passions, as may easily pervert this institution, and change their governors into tyrants and public enemies. If the sense of public interest were not our original motive to obedience, I would fain ask, what other principle is there in human nature capable of subduing the natural ambition of men, and forcing them to such a submission?
Imitation and custom are not sufficient. For the question still recurs, what motive first produces those instances of submission which we imitate, and that train of actions which produces the custom? There evidently is no other principle than public interest; and if interest first produces obedience to government, the obligation to obedience must cease whenever the interest ceases in any great degree, and in a considerable number of instances.
SECTION X.
OF THE OBJECTS OF ALLEGIANCE.
But though, on some occasions, it may be justifiable, both in sound politics and morality, to resist supreme power, 'tis certain that, in the ordinary course of human affairs, nothing can be more pernicious and criminal; and that, besides the convulsions which always attend revolutions, such a practice tends directly to the subversion of all government, and the causing an universal anarchy and confusion among mankind. As numerous and civilized societies cannot subsist without government, so government is entirely useless without an exact obedience. We ought always to weigh the advantages which we reap from authority, against the disadvantages: and by this means we shall become more scrupulous of putting in practice the doctrine of resistance. The common rule requires submission; and 'tis only in cases of grievous tyranny and oppression, that the exception can take place.
Since, then, such a blind submission is commonly due to magistracy, the next question is, _to whom it is due, and whom we are to regard as our lawful magistrates_? In order to answer this question, let us recollect what we have already established concerning the origin of government and political society. When men have once experienced the impossibility of preserving any steady order in society, while every one is his own master, and violates or observes the laws of interest, according to his present interest or pleasure, they naturally run into the invention of government, and put it out of their own power, as far as possible, to transgress the laws of society. Government, therefore, arises from the voluntary convention of men; and 'tis evident, that the same convention which establishes government, will also determine the persons who are to govern, and will remove all doubt and ambiguity in this particular. And the voluntary consent of men must here have the greater efficacy, that the authority of the magistrate does _at first_ stand upon the foundation of a promise of the subjects, by which they bind themselves to obedience, as in every other contract or engagement.
The same promise, then, which binds them to obedience, ties them down to a particular person, and makes him the object of their allegiance.
But when government has been established on this footing for some considerable time, and the separate interest which we have in submission has produced a separate sentiment of morality, the case is entirely altered, and a promise is no longer able to determine the particular magistrate; since it is no longer considered as the foundation of government. We naturally suppose ourselves born to submission; and imagine that such particular persons have a right to command, as we on our part are bound to obey. These notions of right and obligation are derived from nothing but the _advantage_ we reap from government, which gives us a repugnance to practise resistance ourselves, and makes us displeased with any instance of it in others.
But here 'tis remarkable, that in this new state of affairs, the original sanction of government, which is _interest_, is not admitted to determine the persons whom we are to obey, as the original sanction did at first, when affairs were on the footing of a _promise_. A _promise_ fixes and determines the persons, without any uncertainty: but 'tis evident, that if men were to regulate their conduct in this particular, by the view of a peculiar _interest_, either public or private, they would involve themselves in endless confusion, and would render all government, in a great measure, ineffectual. The private interest of every one is different; and, though the public interest in itself be always one and the same, yet it becomes the source of as great dissensions, by reason of the different opinions of particular persons concerning it. The same interest, therefore, which causes us to submit to magistracy, makes us renounce itself in the choice of our magistrates, and binds us down to a certain form of government, and to particular persons, without allowing us to aspire to the utmost perfection in either. The case is here the same as in that law of nature concerning the stability of possession. 'Tis highly advantageous, and even absolutely necessary to society, that possession should be stable; and this leads us to the establishment of such a rule: but we find, that were we to follow the same advantage, in assigning particular possessions to particular persons, we should disappoint our end, and perpetuate the confusion which that rule is intended to prevent. We must therefore proceed by general rules, and regulate ourselves by general interests, in modifying the law of nature concerning the stability of possession. Nor need we fear, that our attachment to this law will diminish upon account of the seeming frivolousness of those interests by which it is determined. The impulse of the mind is derived from a very strong interest; and those other more minute interests serve only to direct the motion, without adding any thing to it, or diminishing from it. 'Tis the same case with government. Nothing is more advantageous to society than such an invention; and this interest is sufficient to make us embrace it with ardour and alacrity; though we are obliged afterwards to regulate and direct our devotion to government by several considerations which are not of the same importance, and to choose our magistrates without having in view any particular advantage from the choice.
The _first_ of those principles I shall take notice of, as a foundation of the right of magistracy, is that which gives authority to all the most established governments of the world, without exception: I mean, _long possession_ in any one form of government, or succession of princes. 'Tis certain, that if we remount to the first origin of every nation, we shall find, that there scarce is any race of kings, or form of a commonwealth, that is not primarily founded on usurpation and rebellion, and whose title is not at first worse than doubtful and uncertain. Time alone gives solidity to their right; and, operating gradually on the minds of men, reconciles them to any authority, and makes it seem just and reasonable. Nothing causes any sentiment to have a greater influence upon us than custom, or turns our imagination more strongly to any object. When we have been long accustomed to obey any set of men, that general instinct or tendency which we have to suppose a moral obligation attending loyalty, takes easily this direction, and chooses that set of men for its objects. 'Tis interest which gives the general instinct; but 'tis custom which gives the particular direction.
And here 'tis observable, that the same length of time has a different influence on our sentiments of morality, according to its different influence on the mind. We naturally judge of every thing by comparison; and since, in considering the fate of kingdoms and republics, we embrace a long extent of time, a small duration has not, in this case, a like influence on our sentiments, as when we consider any other object. One thinks he acquires a right to a horse, or a suit of clothes, in a very short time; but a century is scarce sufficient to establish any new government, or remove all scruples in the minds of the subjects concerning it. Add to this, that a shorter period of time will suffice to give a prince a title to any additional power he may usurp, than will serve to fix his right, where the whole is an usurpation. The kings of France have not been possessed of absolute power for above two reigns; and yet nothing will appear more extravagant to Frenchmen than to talk of their liberties. If we consider what has been said concerning _accession_, we shall easily account for this phenomenon.
When there is no form of government established by _long_ possession, the _present_ possession is sufficient to supply its place, and may be regarded as the _second_ source of all public authority. Right to authority is nothing but the constant possession of authority, maintained by the laws of society and the interests of mankind; and nothing can be more natural than to join this constant possession to the present one, according to the principles above mentioned. If the same principles did not take place with regard to the property of private persons, 'twas because these principles were counterbalanced by very strong considerations of interest; when we observed, that all restitution would by that means be prevented, and every violence be authorized and protected. And, though the same motives may seem to have force with regard to public authority, yet they are opposed by a contrary interest; which consists in the preservation of peace, and the avoiding of all changes, which, however they may be easily produced in private affairs, are unavoidably attended with bloodshed and confusion where the public is interested.
Any one who, finding the impossibility of accounting for the right of the present possessor, by any received system of ethics, should resolve to deny absolutely that right, and assert that it is not authorized by morality, would be justly thought to maintain a very extravagant paradox, and to shock the common sense and judgment of mankind. No maxim is more conformable, both to prudence and morals, than to submit quietly to the government which we find established in the country where we happen to live, without inquiring too curiously into its origin and first establishment. Few governments will bear being examined so rigorously. How many kingdoms are there at present in the world, and how many more do we find in history, whose governors have no better foundation for their authority than that of present possession!
To confine ourselves to the Roman and Grecian empire; is it not evident, that the long succession of emperors, from the dissolution of the Roman liberty, to the final extinction of that empire by the Turks, could not so much as pretend to any other title to the empire?
The election of the senate was a mere form, which always followed the choice of the legions; and these were almost always divided in the different provinces, and nothing but the sword was able to terminate the difference. 'Twas by the sword, therefore, that every emperor acquired, as well as defended, his right; and we must either say, that all the known world, for so many ages, had no government, and owed no allegiance to any one, or must allow, that the right of the stronger, in public affairs, is to be received as legitimate, and authorized by morality, when not opposed by any other title.
The right of _conquest_ may be considered as a _third_ source of the title of sovereigns. This right resembles very much that of present possession, but has rather a superior force, being seconded by the notions of glory and honour which we ascribe to _conquerors_, instead of the sentiments of hatred and detestation which attend _usurpers_.
Men naturally favour those they love; and therefore are more apt to ascribe a right to successful violence, betwixt one sovereign and another, than to the successful rebellion of a subject against his sovereign.[11] When neither long possession, nor present possession, nor conquest take place, as when the first sovereign who founded any monarchy dies; in that case, the right of _succession_ naturally prevails in their stead, and men are commonly induced to place the son of their late monarch on the throne, and suppose him to inherit his father's authority. The presumed consent of the father, the imitation of the succession to private families, the interest which the state has in choosing the person who is most powerful and has the most numerous followers; all these reasons lead men to prefer the son of their late monarch to any other person.[12] These reasons have some weight; but I am persuaded, that, to one who considers impartially of the matter, 'twill appear that there concur some principles of the imagination along with those views of interest.
The royal authority seems to be connected with the young prince even in his father's lifetime, by the natural transition of the thought, and still more after his death; so that nothing is more natural than to complete this union by a new relation, and by putting him actually in possession of what seems so naturally to belong to him.
To confirm this, we may weigh the following phenomena, which are pretty curious in their kind. In elective monarchies, the right of succession has no place by the laws and settled custom; and yet its influence is so natural, that 'tis impossible entirely to exclude it from the imagination, and render the subjects indifferent to the son of their deceased monarch. Hence, in some governments of this kind, the choice commonly falls on one or other of the royal family; and in some governments they are all excluded. Those contrary phenomena proceed from the same principle. Where the royal family is excluded, 'tis from a refinement in politics, which makes people sensible of their propensity to choose a sovereign in that family, and gives them a jealousy of their liberty, lest their new monarch, aided by this propensity, should establish his family, and destroy the freedom of elections for the future.
The history of Artaxerxes and the younger Cyrus, may furnish us with some reflections to the same purpose. Cyrus pretended a right to the throne above his elder brother, because he was born after his father's accession. I do not pretend that this reason was valid. I would only infer from it, that he would never have made use of such a pretext, were it not for the qualities of the imagination above-mentioned, by which we are naturally inclined to unite by a new relation whatever objects we find already united. Artaxerxes had an advantage above his brother, as being the eldest son, and the first in succession; but Cyrus was more closely related to the royal authority, as being begot after his father was invested with it.
Should it here be pretended, that the view of convenience may be the source of all the right of succession, and that men gladly take advantage of any rule by which they can fix the successor of their late sovereign, and prevent that anarchy and confusion which attends all new elections; to this I would answer, that I readily allow that this motive may contribute something to the effect; but at the same time I assert, that, without another principle, 'tis impossible such a motive should take place. The interest of a nation requires that the succession to the crown should be fixed one way or other; but 'tis the same thing to its interest in what way it be fixed; so that if the relation of blood had not an effect independent of public interest, it would never have been regarded without a positive law; and 'twould have been impossible that so many positive laws of different nations could ever have concurred precisely in the same views and intentions.
This leads us to consider the _fifth_ source of authority, viz.
_positive laws_, when the legislature establishes a certain form of government and succession of princes. At first sight, it may be thought that this must resolve into some of the preceding titles of authority. The legislative power, whence the positive law is derived, must either be established by original contract, long possession, present possession, conquest, or succession; and consequently the positive law must derive its force from some of those principles. But here 'tis remarkable, that though a positive law can only derive its force from these principles, yet it acquires not all the force of the principle from whence it is derived, but loses considerably in the transition, as it is natural to imagine. For instance, a government is established for many centuries on a certain system of laws, forms, and methods of succession. The legislative power, established by this long succession, changes, all on a sudden, the whole system of government, and introduces a new constitution in its stead. I believe few of the subjects will think themselves bound to comply with this alteration, unless it have an evident tendency to the public good, but will think themselves still at liberty to return to the ancient government. Hence the notion of _fundamental_ laws, which are supposed to be unalterable by the will of the sovereign; and of this nature the Salic law is understood to be in France. How far these fundamental laws extend, is not determined in any government, nor is it possible it ever should.
There is such an insensible gradation from the most material laws to the most trivial, and from the most ancient laws to the most modern, that 'twill be impossible to set bounds to the legislative power, and determine how far it may innovate in the principles of government. That is the work more of imagination and passion than of reason.
Whoever considers the history of the several nations of the world, their revolutions, conquests, increase and diminution, the manner in which their particular governments are established, and the successive right transmitted from one person to another, will soon learn to treat very lightly all disputes concerning the rights of princes, and will be convinced that a strict adherence to any general rules, and the rigid loyalty to particular persons and families, on which some people set so high a value, are virtues that hold less of reason than of bigotry and superstition. In this particular, the study of history confirms the reasonings of true philosophy, which, showing us the original qualities of human nature, teaches us to regard the controversies in politics as incapable of any decision in most cases, and as entirely subordinate to the interests of peace and liberty. Where the public good does not evidently demand a change, 'tis certain that the concurrence of all those titles, _original contract, long possession, present possession, succession_, and _positive laws_, forms the strongest title to sovereignty, and is justly regarded as sacred and inviolable. But when these titles are mingled and opposed in different degrees, they often occasion perplexity, and are less capable of solution from the arguments of lawyers and philosophers, than from the swords of the soldiery. Who shall tell me, for instance, whether Germanicus or Drusus ought to have succeeded Tiberius, had he died while they were both alive, without naming any of them for his successor? Ought the right of adoption to be received as equivalent to that of blood, in a nation where it had the same effect in private families, and had already, in two instances, taken place in the public? Ought Germanicus to be esteemed the eldest son, because he was born before Drusus; or the younger, because he was adopted after the birth of his brother? Ought the right of the elder to be regarded in a nation, where the eldest brother had no advantage in the succession to private families? Ought the Roman empire at that time to be esteemed hereditary, because of two examples; or ought it, even so early, to be regarded as belonging to the stronger, or the present possessor, as being founded on so recent an usurpation? Upon whatever principles we may pretend to answer these and such like questions, I am afraid we shall never be able to satisfy an impartial inquirer, who adopts no party in political controversies, and will be satisfied with nothing but sound reason and philosophy.
But here an English reader will be apt to inquire concerning that famous _revolution_ which has had such a happy influence on our constitution, and has been attended with such mighty consequences.
We have already remarked, that, in the case of enormous tyranny and oppression, 'tis lawful to take arms even against supreme power; and that, as government is a mere human invention, for mutual advantage and security, it no longer imposes any obligation, either natural or moral, when once it ceases to have that tendency. But though this _general_ principle be authorized by common sense, and the practice of all ages, 'tis certainly impossible for the laws, or even for philosophy, to establish any _particular_ rules by which we may know when resistance is lawful, and decide all controversies which may arise on that subject. This may not only happen with regard to supreme power, but 'tis possible, even in some constitutions, where the legislative authority is not lodged in one person, that there may be a magistrate so eminent and powerful as to oblige the laws to keep silence in this particular. Nor would this silence be an effect only of their _respect_, but also of their _prudence_; since 'tis certain, that, in the vast variety of circumstances which occur in all governments, an exercise of power, in so great a magistrate, may at one time be beneficial to the public, which at another time would be pernicious and tyrannical. But notwithstanding this silence of the laws in limited monarchies, 'tis certain that the people still retain the right of resistance; since 'tis impossible, even in the most despotic governments, to deprive them of it. The same necessity of self-preservation, and the same motive of public good, give them the same liberty in the one case as in the other. And we may farther observe, that in such mixed governments, the cases wherein resistance is lawful must occur much oftener, and greater indulgence be given to the subjects to defend themselves by force of arms, than in arbitrary governments. Not only where the chief magistrate enters into measures in themselves extremely pernicious to the public, but even when he would encroach on the other parts of the constitution, and extend his power beyond the legal bounds, it is allowable to resist and dethrone him; though such resistance and violence may, in the general tenor of the laws, be deemed unlawful and rebellious. For, besides that nothing is more essential to public interest than the preservation of public liberty, 'tis evident, that if such a mixed government be once supposed to be established, every part or member of the constitution must have a right of self-defence, and of maintaining its ancient bounds against