Burke has forgotten to put in "'chivalry." He has
also forgotten to put in Peter.
The duty of man is not a wilderness of turnpike gates, through which
he is to pass by tickets from one to the other. It is plain and
simple, and consists but of two points. His duty to God, which every
man must feel; and with respect to his neighbor, to do as he would be
done by. If those to whom power is delegated do well, they will be
respected: if not, they will be despised; and with regard to those to
whom no power is delegated, but who assume it, the rational world can
know nothing of them.
Hitherto we have spoken only (and that but in part) of the natural
rights of man. We have now to consider the civil rights of man, and
to show how the one originates from the other. Man did not enter into
society to become worse than he was before, nor to have fewer rights
than he had before, but to have those rights better secured. His
natural rights are the foundation of all his civil rights. But in
order to pursue this distinction with more precision, it will be
necessary to mark the different qualities of natural and civil
rights.
A few words will explain this. Natural rights are those which
appertain to man in right of his existence. Of this kind are all the
intellectual rights, or rights of the mind, and also all those rights
of acting as an individual for his own comfort and happiness, which
are not injurious to the natural rights of others. Civil rights are
those which appertain to man in right of his being a member of
society. Every civil right has for its foundation some natural right
pre-existing in the individual, but to the enjoyment of which his
individual power is not, in all cases, sufficiently competent. Of
this kind are all those which relate to security and protection.
From this short review it will be easy to distinguish between that
class of natural rights which man retains after entering into society
and those which he throws into the common stock as a member of
society.
The natural rights which he retains are all those in which the Power
to execute is as perfect in the individual as the right itself. Among
this class, as is before mentioned, are all the intellectual rights,
or rights of the mind; consequently religion is one of those rights.
The natural rights which are not retained, are all those in which,
though the right is perfect in the individual, the power to execute
them is defective. They answer not his purpose. A man, by natural
right, has a right to judge in his own cause; and so far as the right
of the mind is concerned, he never surrenders it. But what availeth
it him to judge, if he has not power to redress? He therefore
deposits this right in the common stock of society, and takes the ann
of society, of which he is a part, in preference and in addition to
his own. Society grants him nothing. Every man is a proprietor in
society, and draws on the capital as a matter of right.
From these premisses two or three certain conclusions will follow:
First, That every civil right grows out of a natural right; or, in
other words, is a natural right exchanged.
Secondly, That civil power properly considered as such is made up of
the aggregate of that class of the natural rights of man, which
becomes defective in the individual in point of power, and answers
not his purpose, but when collected to a focus becomes competent to
the Purpose of every one.
Thirdly, That the power produced from the aggregate of natural
rights, imperfect in power in the individual, cannot be applied to
invade the natural rights which are retained in the individual, and
in which the power to execute is as perfect as the right itself.
We have now, in a few words, traced man from a natural individual to
a member of society, and shown, or endeavoured to show, the quality
of the natural rights retained, and of those which are exchanged for
civil rights. Let us now apply these principles to governments.
In casting our eyes over the world, it is extremely easy to
distinguish the governments which have arisen out of society, or out
of the social compact, from those which have not; but to place this
in a clearer light than what a single glance may afford, it will be
proper to take a review of the several sources from which governments
have arisen and on which they have been founded.
They may be all comprehended under three heads.
First, Superstition.
Secondly, Power.
Thirdly, The common interest of society and the common rights of man.
The first was a government of priestcraft, the second of conquerors,
and the third of reason.
When a set of artful men pretended, through the medium of oracles, to
hold intercourse with the Deity, as familiarly as they now march up
the back-stairs in European courts, the world was completely under
the government of superstition. The oracles were consulted, and
whatever they were made to say became the law; and this sort of
government lasted as long as this sort of superstition lasted.
After these a race of conquerors arose, whose government, like that
of William the Conqueror, was founded in power, and the sword assumed
the name of a sceptre. Governments thus established last as long as
the power to support them lasts; but that they might avail themselves
of every engine in their favor, they united fraud to force, and set
up an idol which they called Divine Right, and which, in imitation of
the Pope, who affects to be spiritual and temporal, and in
contradiction to the Founder of the Christian religion, twisted
itself afterwards into an idol of another shape, called Church and
State. The key of St. Peter and the key of the Treasury became
quartered on one another, and the wondering cheated multitude
worshipped the invention.
When I contemplate the natural dignity of man, when I feel (for
Nature has not been kind enough to me to blunt my feelings) for the
honour and happiness of its character, I become irritated at the
attempt to govern mankind by force and fraud, as if they were all
knaves and fools, and can scarcely avoid disgust at those who are
thus imposed upon.
We have now to review the governments which arise out of society, in
contradistinction to those which arose out of superstition and
conquest.
It has been thought a considerable advance towards establishing the
principles of Freedom to say that Government is a compact between
those who govern and those who are governed; but this cannot be true,
because it is putting the effect before the cause; for as man must
have existed before governments existed, there necessarily was a time
when governments did not exist, and consequently there could
originally exist no governors to form such a compact with.
The fact therefore must be that the individuals themselves, each in
his own personal and sovereign right, entered into a compact with
each other to produce a government: and this is the only mode in
which governments have a right to arise, and the only principle on
which they have a right to exist.
To possess ourselves of a clear idea of what government is, or ought
to be, we must trace it to its origin. In doing this we shall easily
discover that governments must have arisen either out of the people
or over the people. Mr. Burke has made no distinction. He
investigates nothing to its source, and therefore he confounds
everything; but he has signified his intention of undertaking, at
some future opportunity, a comparison between the constitution of
England and France. As he thus renders it a subject of controversy by
throwing the gauntlet, I take him upon his own ground. It is in high
challenges that high truths have the right of appearing; and I accept
it with the more readiness because it affords me, at the same time,
an opportunity of pursuing the subject with respect to governments
arising out of society.
But it will be first necessary to define what is meant by a
Constitution.
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