whereas the rich having feelings, if I may so express myself, in every part of their possessions, it was much easier to harm them, and therefore more necessary for them to take precautions against it; and, in short, because it is more reasonable to suppose a thing to have been invented by those to whom it would be of service, than by those whom it must have harmed.
Government had, in its infancy, no regular and constant form. The want of experience and philosophy prevented men from seeing any but present inconveniences, and they thought of providing against others only as they presented themselves. In spite of the endeavours of the wisest legislators, the political state remained imperfect, because it was little more than the work of chance; and, as it had begun ill, though time revealed its defects and suggested remedies, the original faults were never repaired. It was continually being patched up, when the first task should have been to get the site cleared and all the old materials removed, as was done by Lycurgus at Sparta, if a stable and lasting edifice was to be erected. Society consisted at first merely of a few general conventions, which every member bound himself to observe; and for the performance of covenants the whole body went security to each individual. Experience only could show the weakness of such a constitution, and how easily it might be infringed with impunity, from the difficulty of convicting men of faults, where the public alone was to be witness and judge: the laws could not but be eluded in many ways; disorders and inconveniences could not but multiply continually, till it became necessary to commit the dangerous trust of public authority to private persons, and the care of enforcing obedience to the deliberations of the people to the magistrate. For to say that chiefs were chosen before the confederacy was formed, and that the administrators of the laws were there before the laws themselves, is too absurd a supposition to consider seriously.
It would be as unreasonable to suppose that men at first threw themselves irretrievably and unconditionally into the arms of an absolute master, and that the first expedient which proud and unsubdued men hit upon for their common security was to run headlong into slavery. For what reason, in fact, did they take to themselves superiors, if it was not in order that they might be defended from oppression, and have protection for their lives, liberties and properties, which are, so to speak, the constituent elements of their being? Now, in the relations between man and man, the worst that can happen is for one to find himself at the mercy of another, and it would have been inconsistent with common-sense to begin by bestowing on a chief the only things they wanted his help to preserve. What equivalent could he offer them for so great a right? And if he had presumed to exact it under pretext of defending them, would he not have received the answer recorded in the fable: "What more can the enemy do to us?"
It is therefore beyond dispute, and indeed the fundamental maxim of all political right, that people have set up chiefs to protect their liberty, and not to enslave them. _If we have a prince_, said Pliny to Trajan, _it is to save ourselves from having a master_.
Politicians indulge in the same sophistry about the love of liberty as philosophers about the state of nature. They judge, by what they see, of very different things, which they have not seen; and attribute to man a natural propensity to servitude, because the slaves within their observation are seen to bear the yoke with patience; they fail to reflect that it is with liberty as with innocence and virtue; the value is known only to those who possess them, and the taste for them is forfeited when they are forfeited themselves. "I know the charms of your country," said Brasidas to a Satrap, who was comparing the life at Sparta with that at Persepolis, "but you cannot know the pleasures of mine."
An unbroken horse erects his mane, paws the ground and starts back impetuously at the sight of the bridle; while one which is properly trained suffers patiently even whip and spur: so savage man will not bend his neck to the yoke to which civilised man submits without a murmur, but prefers the most turbulent state of liberty to the most peaceful slavery. We cannot therefore, from the servility of nations already enslaved, judge of the natural disposition of mankind for or against slavery; we should go by the prodigious efforts of every free people to save itself from oppression. I know that the former are for ever holding forth in praise of the tranquillity they enjoy in their chains, and that they call a state of wretched servitude a state of peace: _miserrimam servitutem pacem appellant_.[6] But when I observe the latter sacrificing pleasure, peace, wealth, power and life itself to the preservation of that one treasure, which is so disdained by those who have lost it; when I see free-born animals dash their brains out against the bars of their cage, from an innate impatience of captivity; when I behold numbers of naked savages, that despise European pleasures, braving hunger, fire, the sword and death, to preserve nothing but their independence, I feel that it is not for slaves to argue about liberty.
With regard to paternal authority, from which some writers have derived absolute government and all society, it is enough, without going back to the contrary arguments of Locke and Sidney, to remark that nothing on earth can be further from the ferocious spirit of despotism than the mildness of that authority which looks more to the advantage of him who obeys than to that of him who commands; that, by the law of nature, the father is the child's master no longer than his help is necessary; that from that time they are both equal, the son being perfectly independent of the father, and owing him only respect and not obedience. For gratitude is a duty which ought to be paid, but not a right to be exacted: instead of saying that civil society is derived from paternal authority, we ought to say rather that the latter derives its principal force from the former. No individual was ever acknowledged as the father of many, till his sons and daughters remained settled around him. The goods of the father, of which he is really the master, are the ties which keep his children in dependence, and he may bestow on them, if he pleases, no share of his property, unless they merit it by constant deference to his will. But the subjects of an arbitrary despot are so far from having the like favour to expect from their chief, that they themselves and everything they possess are his property, or at least are considered by him as such; so that they are forced to receive, as a favour, the little of their own he is pleased to leave them. When he despoils them, he does but justice, and mercy in that he permits them to live.
By proceeding thus to test fact by right, we should discover as little reason as truth in the voluntary establishment of tyranny. It would also be no easy matter to prove the validity of a contract binding on only one of the parties, where all the risk is on one side, and none on the other; so that no one could suffer but he who bound himself. This hateful system is indeed, even in modern times, very far from being that of wise and good monarchs, and especially of the kings of France; as may be seen from several passages in their edicts; particularly from the following passage in a celebrated edict published in 1667 in the name and by order of Louis XIV.
"Let it not, therefore, be said that the Sovereign is not subject to the laws of his State; since the contrary is a true proposition of the right of nations, which flattery has sometimes attacked but good princes have always defended as the tutelary divinity of their dominions. How much more legitimate is it to say with the wise Plato, that the perfect felicity of a kingdom consists in the obedience of subjects to their prince, and of the prince to the laws, and in the laws being just and constantly directed to the public good!"[7] I shall not stay here to inquire whether, as liberty is the noblest faculty of man, it is not degrading our very nature, reducing ourselves to the level of the brutes, which are mere slaves of instinct, and even an affront to the Author of our being, to renounce without reserve the most precious of all His gifts, and to bow to the necessity of committing all the crimes He has forbidden, merely to gratify a mad or a cruel master; or if this sublime craftsman ought not to be less angered at seeing His workmanship entirely destroyed than thus dishonoured. I will waive (if my opponents please) the authority of Barbeyrac, who, following Locke, roundly declares that no man can so far sell his liberty as to submit to an arbitrary power which may use him as it likes. _For_, he adds, _this would be to sell his own life, of which he is not master_. I shall ask only what right those who were not afraid thus to debase themselves could have to subject their posterity to the same ignominy, and to renounce for them those blessings which they do not owe to the liberality of their progenitors, and without which life itself must be a burden to all who are worthy of it.
Puffendorf says that we may divest ourselves of our liberty in favour of other men, just as we transfer our property from one to another by contracts and agreements. But this seems a very weak argument. For in the first place, the property I alienate becomes quite foreign to me, nor can I suffer from the abuse of it; but it very nearly concerns me that my liberty should not be abused, and I cannot without incurring the guilt of the crimes I may be compelled to commit, expose myself to become an instrument of crime. Besides, the right of property being only a convention of human institution, men may dispose of what they possess as they please: but this is not the case with the essential gifts of nature, such as life and liberty, which every man is permitted to enjoy, and of which it is at least doubtful whether any have a right to divest themselves. By giving up the one, we degrade our being; by giving up the other, we do our best to annul it; and, as no temporal good can indemnify us for the loss of either, it would be an offence against both reason and nature to renounce them at any price whatsoever. But, even if we could transfer our liberty, as we do our property, there would be a great difference with regard to the children, who enjoy the father's substance only by the transmission of his right; whereas, liberty being a gift which they hold from nature as being men, their parents have no right whatever to deprive them of it. As then, to establish slavery, it was necessary to do violence to nature, so, in order to perpetuate such a right, nature would have to be changed. Jurists, who have gravely determined that the child of a slave comes into the world a slave, have decided, in other words, that a man shall come into the world not a man.
I regard it then as certain, that government did not begin with arbitrary power, but that this is the depravation, the extreme term, of government, and brings it back, finally, to just the law of the strongest, which it was originally designed to remedy. Supposing, however, it had begun in this manner, such power, being in itself illegitimate, could not have served as a basis for the laws of society, nor, consequently, for the inequality they instituted.
Without entering at present upon the investigations which still remain to be made into the nature of the fundamental compact underlying all government, I content myself with adopting the common opinion concerning it, and regard the establishment of the political body as a real contract between the people and the chiefs chosen by them: a contract by which both parties bind themselves to observe the laws therein expressed, which form the ties of their union. The people having in respect of their social relations concentrated all their wills in one, the several articles, concerning which this will is explained, become so many fundamental laws, obligatory on all the members of the State without exception, and one of these articles regulates the choice and power of the magistrates appointed to watch over the execution of the rest. This power extends to everything which may maintain the constitution, without going so far as to alter it.
It is accompanied by honours, in order to bring the laws and their administrators into respect. The ministers are also distinguished by personal prerogatives, in order to recompense them for the cares and labour which good administration involves. The magistrate, on his side, binds himself to use the power he is entrusted with only in conformity with the intention of his constituents, to maintain them all in the peaceable possession of what belongs to them, and to prefer on every occasion the public interest to his own.
Before experience had shown, or knowledge of the human heart enabled men to foresee, the unavoidable abuses of such a constitution, it must have appeared so much the more excellent, as those who were charged with the care of its preservation had themselves most interest in it; for magistracy and the rights attaching to it being based solely on the fundamental laws, the magistrates would cease to be legitimate as soon as these ceased to exist; the people would no longer owe them obedience; and as not the magistrates, but the laws, are essential to the being of a State, the members of it would regain the right to their natural liberty.
If we reflect with ever so little attention on this subject, we shall find new arguments to confirm this truth, and be convinced from the very nature of the contract that it cannot be irrevocable: for, if there were no superior power capable of ensuring the fidelity of the contracting parties, or compelling them to perform their reciprocal engagements, the parties would be sole judges in their own cause, and each would always have a right to renounce the contract, as soon as he found that the other had violated its terms, or that they no longer suited his convenience. It is upon this principle that the right of abdication may possibly be founded. Now, if, as here, we consider only what is human in this institution, it is certain that, if the magistrate, who has all the power in his own hands, and appropriates to himself all the advantages of the contract, has none the less a right to renounce his authority, the people, who suffer for all the faults of their chief, must have a much better right to renounce their dependence. But the terrible and innumerable quarrels and disorders that would necessarily arise from so dangerous a privilege, show, more than anything else, how much human governments stood in need of a more solid basis than mere reason, and how expedient it was for the public tranquillity that the divine will should interpose to invest the sovereign authority with a sacred and inviolable character, which might deprive subjects of the fatal right of disposing of it. If the world had received no other advantages from religion, this would be enough to impose on men the duty of adopting and cultivating it, abuses and all, since it has been the means of saving more blood than fanaticism has ever spilt. But let us follow the thread of our hypothesis.
The different forms of government owe their origin to the differing degrees of inequality which existed between individuals at the time of their institution. If there happened to be any one man among them pre-eminent in power, virtue, riches or personal influence, he became sole magistrate, and the State assumed the form of monarchy. If several, nearly equal in point of eminence, stood above the rest, they were elected jointly, and formed an aristocracy. Again, among a people who had deviated less from a state of nature, and between whose fortune or talents there was less disproportion, the supreme administration was retained in common, and a democracy was formed. It was discovered in process of time which of these forms suited men the best. Some peoples remained altogether subject to the laws; others soon came to obey their magistrates. The citizens laboured to preserve their liberty; the subjects, irritated at seeing others enjoying a blessing they had lost, thought only of making slaves of their neighbours. In a word, on the one side arose riches and conquests, and on the other happiness and I virtue.
In these different governments, all the offices were at first elective; and when the influence of wealth was out of the question, the preference was given to merit, which gives a natural ascendancy, and to age, which is experienced in business and deliberate in council.
The Elders of the Hebrews, the Gerontes at Sparta, the Senate at Rome, and the very etymology of our word Seigneur, show how old age was once held in veneration. But the more often the choice fell upon old men, the more often elections had to be repeated, and the more they became a nuisance; intrigues set in, factions were formed, party feeling grew--bitter, civil wars broke out; the lives of individuals were sacrificed to the pretended happiness of the State; and at length men were on the point of relapsing into their primitive anarchy. Ambitious chiefs profited by these circumstances to perpetuate their offices in their own families: at the same time the people, already used to dependence, ease, and the conveniences of life, and already incapable of breaking its fetters, agreed to an increase of its slavery, in order to secure its tranquillity. Thus magistrates, having become hereditary, contracted the habit of considering their offices as a family estate, and themselves as proprietors of the communities of which they were at first only the officers, of regarding their fellow-citizens as their slaves, and numbering them, like cattle, among their belongings, and of calling themselves the equals of the gods and longs of kings.
If we follow the progress of inequality in these various revolutions, we shall find that the establishment of laws and of the right of property was its first term, the institution of magistracy the second, and the conversion of legitimate into arbitrary power the third and last; so that the condition of rich and poor was authorised by the first period; that of powerful and weak by the second; and only by the third that of master and slave, which is the last degree of inequality, and the term at which all the rest remain, when they have got so far, till the government is either entirely dissolved by new revolutions, or brought back again to legitimacy.
To understand this progress as necessary we must consider not so much the motives for the establishment of the body politic, as the forms it assumes in actuality, and the faults that necessarily attend it: for the flaws which make social institutions necessary are the same as make the abuse of them unavoidable. If we except Sparta, where the laws were mainly concerned with the education of children, and where Lycurgus established such morality as practically made laws needless--for laws as a rule, being weaker than the passions, restrain men without altering them--it would not be difficult to prove that every government, which scrupulously complied with the ends for which it was instituted, and guarded carefully against change and corruption, was set up unnecessarily. For a country, in which no one either evaded the laws or made a bad use of magisterial power, could require neither laws nor magistrates.
Political distinctions necessarily produce civil distinctions. The growing equality between the chiefs and the people is soon felt by individuals, and modified in a thousand ways according to passions, talents and circumstances. The magistrate could not usurp any illegitimate power, without giving distinction to the creatures with whom he must share it. Besides, individuals only allow themselves to be oppressed so far as they are hurried on by blind ambition, and, looking rather below than above them, come to love authority more than independence, and submit to slavery, that they may in turn enslave others. It is no easy matter to reduce to obedience a man who has no ambition to command; nor would the most adroit politician find it possible to enslave a people whose only desire was to be independent. But inequality easily makes its way among cowardly and ambitious minds, which are ever ready to run the risks of fortune, and almost indifferent whether they command or obey, as it is favourable or adverse. Thus, there must have been; a time, when the eyes of the people were so fascinated, that their rulers had only to say to the least of men, "Be great, you and all your posterity," to make him immediately appear great in the eyes of every one as well as in his own. His descendants took still more upon them, in proportion to their distance from him; the more obscure; and uncertain the cause, the greater the effect: the greater--the number of idlers one could count in a family, the more illustrious it was held to be.
If this were the place to go into details, I could readily explain how, even without the intervention of government, inequality of credit and authority became unavoidable among private persons, as soon as their union in a single society made them compare themselves one with another, and take into account the differences which they found out from the continual intercourse every man had to have with his neighbours.[8] These differences are of several kinds; but riches, nobility or rank, power and personal merit being the principal distinctions by which men form an estimate of each other in society, I could prove that the harmony or conflict of these different forces is the surest indication of the good or bad constitution of a State.
I could show that among these four kinds of inequality, personal qualities being the origin of all the others, wealth is the one to which they are all reduced in the end; for, as riches tend most immediately to the prosperity of individuals, and are easiest to communicate, they are used to purchase every other distinction. By this observation we are enabled to judge pretty exactly how far a people has departed from its primitive constitution, and of its progress towards the extreme term of corruption. I could explain how much this universal desire for reputation, honours and advancement, which inflames us all, exercises and holds up to comparison our faculties and powers; how it excites and multiplies our passions, and, by creating universal competition and rivalry, or rather enmity, among men, occasions numberless failures, successes and disturbances of all kinds by making so many aspirants run the same course. I could show that it is to this desire of being talked about, and this unremitting rage of distinguishing ourselves, that we owe the best and the worst things we possess, both our virtues and our vices, our science and our errors, our conquerors and our philosophers; that is to say, a great many bad things, and a very few good ones. In a word, I could prove that, if we have a few rich and powerful men on the pinnacle of fortune and grandeur, while the crowd grovels in want and obscurity, it is because the former prize what they enjoy only in so far as others are destitute of it; and because, without changing their condition, they would cease to be happy the moment the people ceased to be wretched.
These details alone, however, would furnish matter for a considerable work, in which the advantages and disadvantages of every kind of government might be weighed, as they are related to man in the state of nature, and at the same time all the different aspects, under which inequality has up to the present appeared, or may appear in ages yet to come, according to the nature of the several governments, and the alterations which time must unavoidably occasion in them, might be demonstrated. We should then see the multitude oppressed from within, in consequence of the very precautions it had taken to guard against foreign tyranny. We should see oppression continually gain ground without it being possible for the oppressed to know where it would stop, or what legitimate means was left them of checking its progress.
We should see the rights of citizens, and the freedom of nations slowly extinguished, and the complaints, protests and appeals of the weak treated as seditious murmurings. We should see the honour of defending the common cause confined by statecraft to a mercenary part of the people. We should see taxes made necessary by such means, and the disheartened husbandman deserting his fields even in the midst of peace, and leaving the plough to gird on the sword. We should see fatal and capricious codes of honour established; and the champions of their country sooner or later becoming its enemies, and for ever holding their daggers to the breasts of their fellow-citizens. The time would come when they would be heard saying to the oppressor of their country-- _Pectore si fratris gladium juguloque parentis_ _Condere me jubeas, gravidæque in viscera partu_ _Conjugis, invitâ peragam tamen omnia dextrâ._ Lucan. i, 376.
From great inequality of fortunes and conditions, from the vast variety of passions and of talents, of useless and pernicious arts, of vain sciences, would arise a multitude of prejudices equally contrary to reason, happiness and virtue. We should see the magistrates fomenting everything that might weaken men united in society, by promoting dissension among them; everything that might sow in it the seeds of actual division, while it gave society the air of harmony; everything that might inspire the different ranks of people with mutual hatred and distrust, by setting the rights and interests of one against those of another, and so strengthen the power which comprehended them all.
It is from the midst of this disorder and these revolutions, that despotism, gradually raising up its hideous head and devouring everything that remained sound and untainted in any part of the State, would at length trample on both the laws and the people, and establish itself on the ruins of the republic. The times which immediately preceded this last change would be times of trouble and calamity; but at length the monster would swallow up everything, and the people would no longer have either chiefs or laws, but only tyrants. From this moment there would be no question of virtue or morality; for despotism _cui ex honesto nulla est spes_, wherever it prevails, admits no other master; it no sooner speaks than probity and duty lose their weight and blind obedience is the only virtue which slaves can still practise.
This is the last term of inequality, the extreme points that closes the circle, and meets that from which we set out. Here all private persons return to their first equality, because they are nothing; and, subjects having no law but the will of their master, and their master no restraint but his passions, all notions of good and all principles of equity again vanish. There is here a complete return to the law of the strongest, and so to a new state of nature, differing from that we set out from; for the one was a state of nature in its first purity, while this is the consequence of excessive corruption. There is so little difference between the two states in other respects, and the contract of government is so completely dissolved by despotism, that the despot is master only so long as he remains the strongest; as soon as he can be expelled, he has no right to complain of violence. The popular insurrection that ends in the death or deposition of a Sultan is as lawful an act as those by which he disposed, the day before, of the lives and fortunes of his subjects. As he was maintained by force alone, it is force alone that overthrows him. Thus everything takes place according to the natural order; and, whatever may be the result of such frequent and precipitate revolutions, no one man has reason to complain of the injustice of another, but only of his own ill-fortune or indiscretion.
If the reader thus discovers and retraces the lost and forgotten road, by which man must have passed from the state of nature to the state of society; if he carefully restores, along with the intermediate situations which I have just described, those which want of time has compelled me to suppress, or my imagination has failed to suggest, he cannot fail to be struck by the vast distance which separates the two states. It is in tracing this slow succession that he will find the solution of a number of problems of politics and morals, which philosophers cannot settle. He will feel that, men being different in different ages, the reason why Diogenes could not find a man was that he sought among his contemporaries a man of an earlier period. He will see that Cato died with Rome and liberty, because he did not fit the age in which he lived; the greatest of men served only to astonish a world which he would certainly have ruled, had he lived five hundred years sooner. In a word, he will explain how the soul and the passions of men insensibly change their very nature; why our wants and pleasures in the end seek new objects; and why, the original man having vanished by degrees, society offers to us only an assembly of artificial men and factitious passions, which are the work of all these new relations, and without any real foundation in nature. We are taught nothing on this subject, by reflection, that is not entirely confirmed by observation.
The savage and the civilised man differ so much in the bottom of their hearts and in their inclinations, that what constitutes the supreme happiness of one would reduce the other to despair. The former breathes only peace and liberty; he desires only to live and be free from labour; even the _ataraxia_ of the Stoic falls far short of his profound indifference to every other object. Civilised man, on the other hand, is always moving, sweating, toiling and racking his brains to find still more laborious occupations: he goes on in drudgery to his last moment, and even seeks death to put himself in a position to live, or renounces life to acquire immortality. He pays his court to men in power, whom he hates, and to the wealthy, whom he despises; he stops at nothing to have the honour of serving them; he is not ashamed to value himself on his own meanness and their protection; and, proud of his slavery, he speaks with disdain of those, who have not the honour of sharing it. What a sight would the perplexing and envied labours of a European minister of State present to the eyes of a Caribean! How many cruel deaths would not this indolent savage prefer to the horrors of such a life, which is seldom even sweetened by the pleasure of doing good! But, for him to see into the motives of all this solicitude, the words _power_ and _reputation_, would have to bear some meaning in his mind; he would have to know that there are men who set a value on the opinion of the rest of the world; who can be made happy and satisfied with themselves rather on the testimony of other people than on their own. In reality, the source, of all these differences is, that the savage lives within himself, while social man lives constantly outside himself, and only knows how to live in the opinion of others, so that he seems to receive the consciousness of his own existence merely from the judgment of others concerning him. It is not to my present purpose to insist on the indifference to good and evil which arises from this disposition, in spite of our many fine works on morality, or to show how, everything being reduced to appearances, there is but art and mummery in even honour, friendship, virtue, and often vice itself, of which we at length learn the secret of boasting; to show, in short, how, always asking others what, we are, and never daring to ask ourselves, in the midst of so much philosophy, humanity and civilisation, and of such sublime codes of morality, we have nothing to show for ourselves but a frivolous and deceitful appearance, honour without virtue, reason without wisdom, and pleasure without happiness.
It is sufficient that I have proved that this is not by any means the original state of man, but that it is merely the spirit of society, and the inequality which society produces, that thus transform and alter all our natural inclinations.
I have endeavoured to trace the origin and progress of inequality, and the institution and abuse of political societies, as far as these are capable of being deduced from the nature of man merely by the light of reason, and independently of those sacred dogmas which give the sanction of divine right to sovereign authority. It follows from this survey that, as there is hardly any inequality in the state of nature, all the inequality which now prevails owes its strength and growth to the development of our faculties and the advance of the human mind, and becomes at last permanent and legitimate by the establishment of property and laws. Secondly, it follows that moral inequality authorised by positive right alone, clashes with natural right, whenever it is not proportionate to physical inequality; a distinction which sufficiently determines what we ought to think of that species of inequality which prevails in all civilised countries; since it is plainly contrary to the law of nature, however defined, that children should command old men, fools wise men, and that the privileged few should gorge themselves with superfluities, while the starving multitude are in want of the bare necessities of life.
[5] Ovid, Metamorphoses xi, 127.
Both rich and poor, shocked at their new-found ills, Would fly from wealth, and lose what they had sought.
[6] Tacitus, Hist. iv, 17. The most wretched slavery they call peace.
[7] Of the Rights of the Most Christian Queen over various States of the Monarchy of Spain, 1667.
[8] Distributive justice would oppose this rigorous equality of the state of nature, even were it practicable in civil society; as all the members of the State owe it their services in proportion to their talents and abilities, they ought, on their side, to be distinguished and favoured in proportion to the services they have actually rendered.
It is in this sense we must understand that passage of Isocrates, in which he extols the primitive Athenians, for having determined which of the two kinds of equality was the most useful, viz. that which consists in dividing the same advantages indiscriminately among all the citizens, or that which consists in distributing them to each according to his deserts. These able politicians, adds the orator, banishing that unjust inequality which makes no distinction between good and bad men, adhered inviolably to that which rewards and punishes every man according to his deserts.
But in the first place, there never existed a society, however corrupt