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PHILOSOPHICAL SKETCHES.
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1
PHILOSOPHICAL SKETCHES
OF THE
PRINCIPLES
OF
SOCIETY AND GOVERNMENT.
.
Natura dedit unicuique jus in omnia.
HOBBES,
ther your eyes
Grummiond, Scie William
;
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LONDON:
PRINTED BY W. BULMER AND CO.
YOR PELMSLY, STRAND; J. DEIGHTON, CAMBRIDGE;
AND J. COOKE, OXFORD.
1795.
}
i
director's
P.m. Nill
8-14-47
59348
ini
ADVERTISEMENT.
The following Sketches were taken, for the
most part, in the course of the autumn 1793,
as an amusement only, in the intervals of
professional study, without the smallest
intention of publication. But the pressure
of the times continuing to call for every
information on political subjects, and the
Author being flattered by his friends that
be bad delineated some of the objects in a
new point of view, he was prevailed on to
retrace the outlines, and occasionally to add
such slight touches, as were necessary
either
to connect the parts, or to increase the
gene-
ral effect of the whole. Conscious of their
imperfections, be nevertheless ventures to
offer them to the inspection of the public;
А
ADVERTISEMENT.
under the firm hope that, should they fail
to meet the approbation of a few, they
will promote the general interests of the
MANY.
Cambridge,
May 16th, 1795
1
CONTENTS.
PAGE
Introductory Observations
yii
PART I.
OF SOCIETY. .
;
SKETCH I.
Of a State of Nature
1
SKETCH II.
Of a State of Association
9
SKETCH III.
Of the Necessity of attending to the Dis-
tinction between Power and Right 18
SKETCH' IV.
Of the Origin and Necessity of Laws 24
Az
iv
CONTENTS.
PAGE
SKETCH V.
Of Rights particularly
34
SKETCH VI.
Of the Necessity of securing by some
Mode the Enjoyment of Rights
45
PART II.
OF GOVERNMENT.
SKETCH VII.
Of the different Modes of securing the
Enjoyment of Rights
51
SKETCH VIII.
Of the first Mode
58
SKETCH IX.
Of the same
83
SKETCH X.
: Of the second Mode
1
103
CONTENTS.
V
PAGE
SKETCH XI.
Of the Necessity and Nature of Dele-
gation
111
SKETCH XII.
Of the Incompetency of simple Delega-
tion to secure the permanent Enjoy-
ment of Rights
130
SKETCH XIII.
Of the Remedies for the Incompetency
of simple Delegation
136
SKETCH XIV.
Of Objections
141
SKETCH XV.
Of the final Remedy for any further
Incompetency
147
1
INTRODUCTORY
OBSERVATIONS.
It is an old maxim, that “ the
" truth ought not to be spoken
" at all times.”—This maxim, ,
however, considered with regard
to speculative opinions, is not
founded in the apprehension, that
there is any immediate danger in
truth itself, neither does it aim at
diminishing the benefits, which
accrue to mankind from a diffu-
sion of truth. But it originates in
the fatal consequences attendant
1
1
viii
upon error, and is designed to
check its progress, by limiting, in
some degree, the propagation of
those truths, which, from their
nature, are most liable to be per-
verted.
All truths, indeed, are more or
less subject to perversion, owing
to that variety in the minds of
men, in consequence of which
they are differently disposed, and
qualified, to receive the truth, to
understand and to apply it.
Hence the propriety of pub-
lishing a truth depends upon two
circumstances; the nature of the
subject itself, and the class of
men to whom it is addressed :
and whenever it appears prob-
ix
1
able, from a consideration of ei-
ther, or of both these circum-
stances, that the publication of
it will be attended with conse-
quences, prejudicial to the inte-
rests of Society; in that case, the
maxim is applicable, and even the
truth ought to be suppressed. -
Upon this ground, I am of opi-
nion, that an indiscriminate dis-
cussion of political subjects is im-
proper for the public ear; and I
think so, not, as may
be
suppos-
ed, because I am a friend to igno-
rance, or an advocate for restrain-
ing any man in the free exercise
of his rational faculties ; but, be-
cause I am an enemy to error, and
because I am fully persuaded, that
х
i
error of the most dangerous ten-
dency will result from encourag-
ing the lower orders of Society to
think upon, and to interfere with,
the arrangement of matters, which
neither their education, nor their
habits of life, have qualified them
to understand.
Let every man exercise his rea-
son, but let him exercise it upon
subjects within the limits of his
own inquiries ne sutor ultra
crepidam. Let not the daily la-
bourer be deceived, and conclude,
that a mere perusal of a treatise
on government will qualify him
for a, statesman; any more than
the recital of a line in Homer
will constitute him a scholar.
xi
There are various intermediate
steps, there are innumerable re-
mote connexions, with which he
must be familiarly acquainted;
and without which, he may in-
deed exercise his reason upon the
subject, but it will serve, like an
ignis fatuus, to deceive and mis-
lead him.
When the danger is at hand,
however, it may be wisdom to
supply, what, in times of safe-
ty, it was prudence to withhold.
When the poison is swallowed,
the antidote must be administer-
ed. In times, like the present;
when political subjects form the
general topics of conversation,
and every man discusses them in
xii
his own way: at a time, when
certain persons, for reasons best
known to themselves, are labour-
ing to persuade mankind that they
are less happy than they might be,
and rousing them to a conduct,
which, if pursued, would deprive
them of the happiness they pos-
sess : when others, under the
specious pretext of removing ig-
norance, are insidiously, dissemi-
nating error: it becomes a duty,
incumbent upon every man,
who
regards the welfare of Society, to
be equally industrious in circu-
lating the truth; to examine the
principles of these speculative
reasoners, to expose their falla-
cy, and thus to deter mankind
xiii
from hastily adopting opinions,
which
keep the word of promise to our ear,
And break it to our hope.: i
in a word,
The seeming truth, which cunning times put
on,
T'entrap the wisest.
In all controversies, it is requi-
site to be extremely correct in the
application of terms; but parti-
cularly so, in those questions,
which more immediately affect
the actions, as well as the opi-
nions, of men: and it is much
to be lamented, that some late au-
thors, who, in discussing the sub-
ject of government, have been
strenuous to impress upon man-
xiv
kind new and fascinating notions,
have neglected to explain the pre-
mises, from which their conclu-
sions are deduced. It cannot be
matter of surprise, that the opini-
ons about a superstructure should
be various, where every man is
left to guess at the foundation.
To remedy some part of this
defect is the design of the follow-
ing pages; by taking a cursory
view of Man under the different
conditions of his existence, as well
supposed as real ; and by deducing
from thence the origin, nature,
and extent, of his Powers and his
Rights.
Should any one be displeased
with the colouring of some parts
XV
1
l
1
of the picture, let him refer to
nature for the truth of the repre-
sentation. The painter, who pro-
poses only to amuse the connois-
seur, is at liberty to select the
choicest objects, and to place
them in situations most favour-
able to his intention ; but he, who
would describe the appearance of
a coast, and serve as a pilot to the
anxious mariner, must faithfully
delineate such objects as present
themselves, without any regard to
their beauty or deformity.
l
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7
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3
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..
ERRATA.
:
E
Page 33, line 12, in the note, for band read aid.
:41, 6, for thinks read think.
‘ibidi — last line, in the note, for refuses or neg-
lects read refuse or neglect.
542 I, for se ured read secured:
last line, before name.insert the.
:1:1
100,
2
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>
SKETCHES, &c.
PART I.
OF SOCIETY.
:
SKETCH I.
OF A STATE OF NATURE.
UPON
Pon taking a view of animated beings,
the property, which appears most conspi-
cuous in them, is energy, or the capabi-
lity of exertion. This property, which is
original and inherent in all animals, re-
sulting from their peculiar conformation,
I denominate PowER.
Life, and the several limbs or parts of
an animal, which form and constitute the
animal itself, I term the natural Posses-
sions of the animal, as contradistinguish-
ed froin those which are acquired, and
B
2
1
retained by virtue of its energy or power.
The talonš of an eagle are' an example of
the first kind of possessions, and whát="
ever is held within those talons affords an
instance of the second.
Right consists in the permission to
exercise Power. In the most simple ac-
ceptation of the word, it is that which
belongs to any being ; that which he can
claim under the guarantee and authority
of some superior power.
Right is distinct from Possession : a
being may possess what he has no right
to, and have a right to that which he.
does not possess.
Right is always relative to, and respects
some other being or set of beings.
1
* There is no such thing as absolute right: considered
with respect to the Deity, the term is not in strictness ap-
plicable ; his attributes are all Powers; and with regard
to created beings, it must be always relative, since those
beings themselves are entirely dependent upon the Deity,
forming a part only of the great system of creation, and
have nothing therefore absolutely belonging to them.
3
From these premises the following
conclusions may be drawn.
First, that Right is not a natural en-
dowment of any being.-
Secondly, that it is acquired, and re-
sults from the situation, with respect to
one another, in which the beings, who
possess it, happen to be placed in other
words, that it is the offspring of Society.
To ascertain the truth of these con-
clusions, it will be necessary to take a
view of animals in the two different con-
ditions—a State of Nature, and a State
of Association.
A State of Nature, considered with re-
spect to animals in general, is the condi-
tion in which they exist, so long as their
actions are solely, or principally, under
the guidance of instinct. As applied to
Man in particular, it may be defined, that
state in which he existed, previously to
the construction of artificial laws :—or,
which is precisely the same thing, that
1
B2
A
state which preceded the institution of
Society.*
According to the preceding definition,
a State of Nature was a state of universal
liberty-Man, in common with every
other form of existence, had the full li-
berty to do whatsoever he had the power
to accomplish.
The liberty to act was unlimited; but
as one being had equally the liberty to
prevent an action, that another had to
act, the action itself, in any individual,
became proportionably limited, and was
only as the surplus of the exertion over
1
. It is curious to observe, however, that this identity
holds true with regard to Man only. Various animals live
constantly in a state of society, and require no other laws
than those which Nature has ordained; Man, on the con-
trary, is compelled to form laws and regulations peculiar
to himself, and consequently to emerge from a State of
Nature, ere he can form an association sufficiently regular
and extensive to deserve the title of Civil Society.
See Sketch IV. where this question is more fully con-
sidered,
5
and above what was necessary to over-
come the obstacles to the action.
The action would therefore be directly
· as the Power ; but the Power being, at
all times, a varying quantity, could never
be estimated one moment forward; the
liberty. itself was consequently preca-
rious, and even liable to total annihila-
tion.-It was a liberty to act, provided
nothing prevented the action from taking
place : now a liberty to act, without the
means of removing the obstacles, which
may prevent an action, is at best but
ideal liberty, and resembles that of a man,
who has obtained leave to walk in a gar-
den, but is, in the mean time, and with-
out his knowledge, deprived of the key to
unlock the door.
Every thing in the State of Nature :
was common to all; where then was the
Right of individuals to any thing ? It
may be said perhaps, that animals, in
such a state, would have a right to the
6
1
possession of their own limbs, &c. ; but
I reply, that, whatever be the nature of
the supposed right, which one animal
might have to its limbs, every other ani-
mal would, in a like acceptation of the
term, equally have a right to the same;
· and that the existence of equal rights in
different individuals, at the same time,
and respecting the same thing, involves
an absurdity; as, in mechanics, equal
forces, acting in opposite directions, de-
stroy each other.
Has the misletoė, for instance, a less
right to the juices of the oak, than the
oak itself has ? has the fly a less right to
the blood of the horse, than the horse it-
self? Where every being has a right to
every thing, no being can have a right to
any thing.
Could a fly claim a right to its limbs,
when entrapped in the nets of a spider?
or could the spider claim a right to the
fly, if a bird was determined to seize
7
them both? Could any savage claim a
right to a district, from which a stronger
savage had driven him away?
“What right have you,” he would say,
“ to drive me from my possession ?”
“ What right have you,” says the
other, “ to that possession ?”
• Chance," replies the first, “ led my
steps thither : it belongs to me, because I
inhabit it, and land belongs to the first
occupier."
“ What is that right of the first oc-
cupier?" replies the other; “ if chance
first led you to this spot, the same chance
has given me the force necessary to drive
you from it. Which of these two rights
deserves the preference? Would you
know all the superiority of mine ? look
up to heaven, and see the eagle that darts
upon the dove : turn thine eyes to the
earth, and see the lion that preys upon
the stag : look towards the sea, and be-
hold the gold-fish (la dorade) devoured
8
by the shark. All things in nature show
that the weak is a prey to the powerful.
Force is the gift of the gods : by that I
have a right to possess all that I can
seize. Heaven, by giving me these ner-
vous arms, has declared its will. Begone
from hence, yield to superior force, or,
dare the combat.”*
Right then, being equal in all, existed
really in none; but Possession, whether
natural or acquired, was always liable to
be transferred to the strongest.
The whole, therefore, resolves itself
into POWER; and I conclude that, pre-
ceding Society, Right had no existence;
and consequently that it is not a natural
endowment of any being.
f
# Helvetius,
9
SKETCH II,
OF A STATE OF ASSOCIATION.
Having shown that Right did not exist,
antecedently to the establishment of So-
ciety, and that Man therefore had no
Rights in a State of Nature, I shall proceed
to take a view of Society, in order to prove
my second proposition, viz, that Rights
are acquired by, and result from the re-
lative situations in which animals are
placed. But first, it may not be amiss,
by way of elucidating the subject, to
point out what constitutes a Right, and
in what respect it differs from mere Power.
Let A and B represent two equal me-
chanical forces, acting in opposite direc-
tions; the body acted upon will remain
at rest; for each of the forces will be
wholly einployed in opposing the other,
and consequently no motion can ensue:
10
7
but, if part of the force B be withdrawn,
the same effect will take place, as if so
much had been added to the force A;
motion will then take place in the direc-
tion of A; and we say, that the body has
acquired the power of moving.
Let A and B now represent two a-
nimals, endued with equal degrees of
strength, or powers of motion, exactly
meeting each other, and willing to pro-
ceed in their proper directions; I say
that neither the one nor the other has
any right to move forwards; for though
each is possessed of a capability or power
of so doing, the right to exercise that
power is lost or absorbed in the other,
who opposes an equal power to prevent
his motion ; before A therefore can have
a right to go on, or to exercise the power,
which the Creator has conferred upon
him, he must obtain the consent of B;
and if B will consent to relinquish his
opposition to A, such relinquishment
11
added, as it were, to the power of A, will
constitute a Right in A, and he will then
have a right, as well as a power, so far as
respects B, to move on in his original di-
rection. The same may be said of B.
As this consent or agreement, however,
supposes the animals to be united in some
sort of Society, it leads me to examine the
nature of such an union.
A Society is the assemblage of any
number of animals, united under some
common interest. As this definition, how-
ever, is. so extended, as to include those
temporary associations, which respect
only the continuance of the species, I
shall, for the sake of perspicuity, consider
only such assemblages in the light of
Societies, as together with the continua-
tion of the species, regard also the well-
being and happiness of the existing mem-
bers; and which, consequently, are con-
tinued and permanent, and consist of
more than two members.
12
Every association is founded upon the
disproportion between the wants of ani-
mals, and their abilities individually to
supply those wants ; an association is
therefore productive of advantages,which
could not be obtained by the members of
it singly: such advantages, whatever
they may be, constitute and become the
Rights of the several members.
An hive of bees is a society, which has
for its object the united purposes already
mentioned. An individual bee receives
from the Creator a certain portion of
power ; she employs it therefore to her
own advantage ; but feeling, at the same
time, a variety of wants, which this power
alone is inadequate to supply, she asso-
ciates herself with other animals, whose
wants and whose powers are similar to
her own: that is, they mutually agree
to give up their several powers, and to
unite them, as it were, together, in order
to produce and obtain certain advantages,
· 13
which each bee individually is unable to
procure; upon this condition, that the
shares of the advantages, when procured,
shall severally belong to each individual.*
Every member by this agreement, ac-
quires a Right to hisown particular share,
inasmuch as every other member resigns
his Power of seizing upon it, and leaves
it in the possession of him to whom it is
allotted.
The Right, however, to these advan-
tages, not being absolute, respects only
the members of the particular commu-
nity which produces them : considered
any previous
* By condition, I do not mean to say
that
agreement is entered into by the different members; they
associate by instinct, without any consideration or know-
ledge of the consequences; but, the effects turning out to
be the means of general happiness, all are induced to con-
tinue the association. Although, however, they are igno-
rant.of the conditions which bind them, those conditions are
nevertheless what I have specified, and as a proof of it, the
association would be dissolved if they were not complied
with in every respect.
1.4
}
with regard to members of other Socie-
ties, or'animals of a different species, it is
Power. only. A bee, for instance, has no
right to the honey which she is extract-
ing from a flower; she seizes upon it by
virtue of the power with which she is
endowed ; but the moment she gets pos-
session of it, a reciprocal claim, consti-
tuting a Right, takes place between her
and the other members of the same hive:
they claim and have a right to a share of
the property which she has acquired ;
and she claims, and has a right to call
forth their united powers, if necessary, to
assist and to defend her until she deposite
it in the hive; but, as there are none of
these mutual ties, existing between her
and any other animal, there can be no
mutual rights.
The whole hive, or community, consi-
dered as one body, and relatively to other
animals, have no right to the property
which they retain ; but that share of it,
I
15
I
$
which is allotted to each member, be-
comes the right of that member, gua--
ranteed and insured by the power of the
whole Society
In the Society which is constructed by
Man, and which is especially termed
Civil Society, although Right, from va-
rious causes, be more complicated and
extensive than in the instance which we
have now 'examined; yet the origin and
the principles of it, and the nature of its
limits, are precisely the same; and the
same mode of reasoning, which has ex-
plained it in the one case, may be equally
applied to explain it in the other. C is a
member of the Society which inhabits
Great Britain; that is, he has resigned
his whole power to the community, to be
disposed of, as shall seem necessary, to-
wards. maintaining possession of the
island, and, producing the many advan-
tages, which that nation is so eminently
enjoying. C has a small tract of land
16
which belongs to him, and to which he
has a right; from whence does he derive
this right? not from himself alone; for
C has no more an exclusive, absolute right
to the portion which he possesses, than
the stones have which rest, or the vege-
tables which grow, upon it: nor from his
superior strength ; for D who lives near
him, has twice the strength of C, and
could, were he to exert it, drive C from
the estate at any time: but he derives
his right to it from the community at
large, who, in consideration of receiving
C's power, and of some other conditions,
which C has complied with, have con-
sented to resign their power of seizing
upon it; and, in so doing, have confer-
red a right to it upon C, who can claim
their united powers to maintain him in
the quiet possession of it. But C's right
relates only to the other members of the
particular community to which he be-
longs, and extends no further than the
17
power of that community.* If the So-
ciety be dissolved, or if any other more
powerful society take possession of the
country, C's right instantly ceases, and
the disposal of the property devolves
upon the conquerors.
Right then not only originates with
Society, but it requires the continuance
of Society, to maintain its existence.
Power exists in every individual ; Right
exists only in Society. Power emanates
from the several members, and centres
in the community at large: Right ema-
nates, or returns, from the community,
and centres in the individuals.
Hence life is not a right; it is not within the power
of any Society to confer life, or to guarantee it. Life is a
natural endowment.
!
C
1
18
SKETCH III.
OF THE NECESSITY OF ATTENDING TO
THE DISTINCTION BETWEEN
POWER AND RIGHT.
Having pointed out the difference be-
tween Power and Right, having traced
the origin and determined the extent of
each, I cannot refrain from expressing
a wish, as an advocate in the cause of
truth, that every man, whether in writ-
ing, or in discourse, would very care-
fully observe the distinction. Further,
that when he speaks of Man in a State of
Nature, he would drop the word Right
altogether.
I am aware that it may seem frivolous
to object to the use of any term ; but, in
treating upon subjects, which are likely to
be discussed by men, unaccustomed to ab-
stract reasoning, and therefore not in the
19
habit of divesting words of the significa-
tion usually attached to them, it is highly
necessary to reject all words of familiar
use; whenever such words, from the ex-
tensiveness of their acceptation, admit of
being interpreted in any manner diffe-
rently from the ideas intended to be ex-
pressed by them.
Right is a word of this description; and
is liable, moreover, to vary in its signifi-
cation, according to the circumstances of
the beings to which it is applied. When
I say, for example, that Man, in a solitary
state, had a right to walk, I mean simply,
that, having the power so to do, he was
not culpable in the fullest employment
of it; and that, consequently, he had li-
berty to walk, so long as no obstacle im-
peded his progress. In like manner it may
be said, that a tree has a right to grow,
and a stone to fall. But when, speaking
of Man in a state of Society, I say that
he has a right to walk, I imply something
C2
20
further,' viz. that, in addition to the
power or capability of so doing, the con-
sequence of his natural form and struc-
ture, he has obtained the sanction and
authority of some other beings for the
due exercise of that power; that every
wilful' obstruction will be considered as
an open violation of the authority, and
incur the displeasure of the beings who
have granted it.
In the former sense, the word implies
a precarious something, applicable to the
whole creation ; in the latter, it implies
a defined claim, applicable only to the
individual in question.
From want of sufficient attention to
this distinction, considerable errors have
arisen, and a fatal delusion has spread
itself over Europe. Several authors, sup-
posing that the word Right, when applied
to Man in a State of Nature, carries with
it the same import, which it bears in So-
ciety, have hastily concluded that Right
.
r
21
t
is coeval with Man's existence; and
hence they have reasoned upon the in-
utility, nay, the inconvenience, of the
very circumstances, which originally gave
birth, and are necessary to the continu-
ance of all Right whatsoever, viz. asso-
ciation.
From mistakes of this kind it arises,
that an odium is cast upon Society; and
the Social Compact, the source of every
happiness to Man, which raises him
above the beasts of the field, and gives
him dominion over the rest of the crea-
tion, is represented under the unfavour-
able aspect of slavery and subjection;
and is regarded as the means of defalcat-
ing from his rights, and restricting his
liberties; thereby depriving him of in-
numerable enjoyments, in which, in a
State of Nature, he was at liberty. to
revel. He continues in Society, therefore,
not with an idea that he is receiving
from others what he could not himself
22
S
procure, that he is partaking of benefits
to which he is not the natural heir; but
he remains in it, under the gloomy im-
pression, that he is daily, and at his own
expence, contributing to the superfluity
of others; and that he is hourly dispens-
ing from that stock of happiness, which
Nature, in her moinents of partiality, al-
lotted to his share. Vain, deluded man!
if thou wouldst know thy natural rights,
if thou wouldst feel the blessings to which,
as an individual animal, thou art enti-
tled, strip thyself of the arts with which
Society has furnished thee, and contend
for them with the lion! Will he regard
the superior elegance of thy form, and
thy exalted birth? will he respect thy
children, and thy possessions? or will he
resign the dominion of his native forests,
that thou mayst range over them at large
and uncontrolled ? Where are the docu-
ments which prove the superiority of thy
claim ? where the title deeds which he
I
>
23
will acknowledge? his tenfold powers,
if thou darest oppose them, will shrink
thee into nothing ; and at once convince
thee, that the Right of the strongest is the
only right, which a State of Nature con-
fers.
1
!
.
24
SKETCH IV.
OF THE ORIGIN AND NECESSITY OF
LAWS.
1
As animals associate, in order to faci-
litate the gratification of their appetites,
and the supply of various wants, the ad-
vantages, obtained by such an establish-
ment, become the Rights of its several
members; and we should, in the next
place, proceed to specify what those
Rights or advantages are, and in what
manner they are apportioned to the dif-
ferent members in Civil Society. But, as
some peculiarities, not to be found in
other Societies, attend upon this, it be-
comes important, first of all, to inquire
into the causes of them ; in order to as-
certain the reason why artificial laws,
which are not required by other asso-
1
25
ciated animals, and consequently are not
essential to the formation of Society,
should be constantly observed in Human
Societies; and why therefore Man, who
is generally represented as naturally a so-
cial animal, should nevertheless seem to
be precluded from forming a Society,
without previously laying down certain
rules, or laws, for its regulation.
The primary actions of every animal
are instinctive; that is, they proceed
from certain sensations excited in an
animal, which immediately dispose and
determine him to such actions, without
the intervention of thinking, or any re-
gard to consequences. When, however,
by the frequent repetition of any action,
he becomes acquainted with the series of
subordinate acts, which compose it, he
reasons, more or less upon the different
steps employed ; and the whole action,
or to speak perhaps more intelligibly, the
mode of performing it, is accordingly
26
)
varied. He is now said to have acquired
experience, and his future actions will no
longer be purely the effect of instinct
alone, but of instinct combined with, and
modified by, experience; the product, as
it were, of the two. *
Every animal is perhaps capable of
acquiring experience, and every animal
probably does so; but Man alone appears
to have the power, to any extent at least,
of appropriating at once the experience
accumulated by others, and of making
it subservient to his own immediate pur-
poses.-t
* Familiar instances of this modification of instinct
and experience may be observed in animals pursuing
their prey; or in the arts practised by the weak and timid
to avoid the rapacious. In man, indeed, every action may
be considered as an example; but as instinct in him is
scarcely ever left to its own operation, the effect of this
modification is less discernible.
+ This is so particularly the case, and shows itself so
strongly in the present cultivated state of Civil Society,
that it becomes extremely difficult to reason upon the ori-
ginal instincts of man. The accumulated experience of
27
1
2
This singular faculty of seizing upon
the experience, which has been acquired
by others, seems to be the joint effect of
two circumstances.
First, the peculiar faculties of mind
with which man is gifted.
Secondly, the relatively great length
of time, which lapses before he is capable
of providing for himself, and consequent-
ly of becoming independent upon his pa-
rents,
The first of these causes supplies him
with means, and the latter affords oppor-
tunity for the exertion of those means;
but neither the one nor the other would
singly be sufficient.
The
young of other animals, in a pe-
riod extremely short, compared with that
of man, acquire the full power of self-
many ages presents itself to his opening faculties, and im-
perceptibly blends itself with all his actions, and it is
scarcely possible to select many that are purely instinc-
tive, or to distinguish and separate the effects of the one
from the effects of the other.
/
28
/
preservation; the consequence of which
is, that, as the mutual relation, subsisting
between the fostering abilities of the pa-
rent and the necessities of the offspring,
ceases, they separate; or, if a total separa-
tion be prevented, at any rate a change of
interests takes place; and they now re-
gard one another as rivals and competi-
tors, rather than as objects of esteem
and imitation.
The offspring of animals, whatever
may be their faculty for observation,
having but little opportunity to exercise
it, and to collect the experience of their
parents, especially with regard to those
actions, which they will be required to
perform immediately after separation,
must be under the necessity of submit-
ting to the dictates of instinct only :
and thus, beginning at the same point
where their parents had formerly begun,
they will pursue a similar line of conduct.
The consequences will also be similar;
29
and the same causes, which prevented
the first progeny of any animal from re-
ceiving the experience of their parents,
will, in like manner, operate in prevent-
ing them from transmitting exper.ence to
their offspring
Experience will therefore perish with
the individuals who acquire it; and the
quantity accumulated by any particular
species, taking a number of generations
collectively, will, at all times, be nearly
the same.
Whatever, therefore, were the habits
of the original animals of any particular
race, whether, like the cuckoo, they de-
lighted in solitude, or, like the bee, as-
sembled into societies, will, unless some
change takes place in their structure,
productive of a corresponding change in
their propensities, continue to be the
habits of succeeding generations; and
the same natural laws, which operated to
prevent association altogether, or which
.
30
were competent to form, and to regulate
the first societies, will be adequate to the
government of succeeding colonies.
In man the case is otherwise: endowed
with extraordinary powers of observation
and imitation, he is constrained, by the
economy of his nature, to remain under
the immediate protection of his parents
for a considerable space of time; during
which, being more or less capable of ob-
gerving, imitating, and comparing, the
actions of others with his own, and re-
garding moreover his parents as the
source of every thing desirable, he will
insensibly be led to adopt their manner
of acting, and thus gradually blend the
experience, which they have acquired or
appropriated, with his own instinct.*
Whether therefore the child, like the
. The more so too from the immediate relation which
subsists between the instincts of the child and the actions
of the parents; the disposition to act will generally be
given by the same objects.
31
young of other animals, would, in a State
of Ņature, quit his parents, as soon as he
could provide for himself; or whether,
from habit or any other circumstances, he
would, continụe to submit to their juris-
diction, is immaterial; in either case
the consequences will prove similar.
For the sake, however, of a stronger il-
lustration of the present point, I shall
suppose the first, viz. that he will quit
them, and that he does so at the earliest
possible period; when too from their
rude and uncultivated manners, he has
acquired from them a quantity of expe-
rience only as 1; the art perhaps of
throwing a stone, or of handling a stick ;
yet this quantity, small as it may appear,
by daily increasing in his own person,
may give to his children a quantity as
2: thus, every child beginning life, as
it were, not at the point where the
parents began it; but nearly at that to
which they had arrived when the mutual
separation took place, the quantity in
32
1
every individual will be different; and
the quantity in the whole species, will,
at all times, have a tendency to in-.
crease.
The immediate consequence of this
variation of experience among Human
Beings will be a variation in their modes
of acting : all will seek the same end, but
each will arrive at it by different means.
No Society can, therefore, be formed by
them, without first making some com-
promise, or agreement with regard to the
different modes of each others acting :
and this cannot be effected under the
1
• Hence it follows that human knowledge must ever
have a tendency to be progressive ; and though from va-
rious accidents, the quantity accumulated may occasion-
.
ally suffer considerable diminution, yet, so long as the
operation of this constant tendency to restore itself con-
tinues undisturbed, the loss will sooner or later always be
repaired, and additional quantities supplied: for it is
evident that if all experience were annihilated to-day, it
would begin to be accumulated afresh to-morrow, and at
some future period, more or less distant, according to
circumstances, it would again equal the mass which is at
present collected.
33
guidance of nature only, since the com-
promise or agreement itself constitutes
an artificial law, and becomes the first
step towards Civil Society: *
Though for the sake of more strongly illustrating the
point I had in view, I supposed a separation to take place
between the parent and the offspring, as soon as the lat-
ter were capable of providing for themselves, yet I hold
the contrary to be, in every instance, by far the most
likely; and if so, we may account for the origin' and
probable commencement of Human Society.
A male and female meeting together would associate
instinctively; the consequences would be a progeny more
or less numerous. But as long as the children were inca-
pable of providing for themselves, and required the fós-
tering hand of the parents to support and protect them,
so long they might be considered as a part only of the
parents ; and no change would be induced by them upon
the original state of the association. When, however,
the first-born hadi acquired sufficient powers to support
himself, he might then be considered as a complete indi-
vidual, capable of separating from, and of becoming al-
together independent on, his parents. If he then remained
with them, which, under every view of the subject, it is
probable he would, he must remain under the influence
of some tacit, though implied, agreement, some mutual
conditions formed with the parents; and from that mo-
ment a Society would commence.
D
1
SKETCH V.
;
OF RIGHTS PARTICULARLY.
Society is of two kinds :
Simple, or such as is under the guidance
of nature only; as in the instance of bees,
&c. : and
Compound, or such as is founded in
nature, and regulated by art; as in the
instance of Man.
The ultimate end of each is the same,
viz. happiness; and the intermediate ob-
jects are, in general, similar, viz. protec-
tion and security: but the mode, by
which these Societies are regulated, and
those objects attained, admits of great
variation, according to the nature and
habits of different animals.
Those animals, which form simple So-
cieties, being unable to accumulate expe-
1
+
1
35
I
»
rience enough to induce any perceptible
deviation from the paths of Nature,* are
constantly busied in pursuing the dic-
tates of instinct. Their wants and ne-
cessities are almost purely natural ; and
being fully occupied in perfecting the
great objects of association, there is little
danger of their interrupting, or being in-
terrupted by, their fellow labourers. The
protection therefore, which is looked for,
is chiefly against external violence.
The internal regulations, required by
this kind of. Society, become extremely
simple; the whole acquired property is
funded, and each member takes his pro-
per share of it, the limits of desire coin-
ciding with the limits of Right.
In compound Society a different plan is
required; for the wants of such animals
as compose it, being artificial as well as
natural, and the artificial wants having
no determined limits, it is evident that,
* See Sketch IV.
D2
36
-
unless some further restrictions werer
adopted, the advantages of association
would be shared, amongst the strongest
members, and the general purposes of it
be thereby done away.
The internal regulations for the go-
vernment of this kind of Society, become
proportionably complicated; and consist.
of general rules for the actions and con-
duct of every member.
The principal object, which Man con-
templates in associating, is the protection
and security of his possessions, natural and
acquired, that is, person and property.
In becoming a member of Society, he.
resigns, or deposites, his whole power into
the common stock ; out of which a sort
of fund is constituted, sufficient to secure
the object in question.
: The demand upon this fund being pre-
carious, it is uncertain what quantity
of the Power of the several -individuals
may at any time be employed; but the
1
1
37
exigency can seldom be such as to require
the whole Power of any member, at least
for a considerable time.
The conditions upon which each de-
posites his Power are three :
First, to be entitled to the full benefits
arising from the fund.
Secondly, to have that portion, or sur-
plus of power from the fund, which is not
immediately employed by the Society,
constantly returned to him.
Thirdly, to be allowed to trade, or traf-
fic with such surplus to his own private
advantage; provided that, in so doing, he
does not injure, or interfere with that sur-
plus, which belongs to another.
These conditions constitute what is
termed the Social Compact.
This term, however, which I have
adopted in compliance with common
usage, is objectionable, in as much as it
conveys an idea that an actual agreement
has, at some time or other, been entered
38
into by the members of Society; which
probably never took place, nor is such a
supposition necessary.
The agreement alluded to is altogether
implied; it constitutes the basis of asso-
ciation, and exists equally in all societies,
whether the members are conscious of it
or not-equally in an hive of bees, as in
a community of men: for as every piece
of mechanisin must be framed according
to certain principles, though the work-
men, employed in its construction, may
not be acquainted with them ; so every
association must have certain conditions,
which unite and bind it, though the mem-
bers themselves may be unconscious of
their operation.*
* The conditions of the Social Compact afford a solu-
tion of this important problem, viz. What are the terms
required in an association, so that each member may have
an equal share of the common advantages to be derived
from it?
These conditions, as we have already shown, are main-
39
The Social Compact then is a tacit
agreement subsisting between the mem-
bers of a society; the principles of which
exist in nature, but are developed and
analyzed by reason.
Upon the basis of this compact * rest
the following claims:
tained in the conduct of those animals, constituting simple
societies, just as the principles of geometry are adhered
to in their architecture, instinctively. Whereas in com-
pound Society something further is required to preserve the
compact inviolate.
. Since the compact is implied only, it may be asked,
how far the conditions of it are binding upon individuals ?
I answer, not at all; for it would be evidently absurd to
expect any man to conform himself to a rule, with which
he may not even be acquainted. It is the business of ar-
tificial laws to lay down the rules of conduct, and the
duty of individuals to compel an attention to them; that
is, so long as they award the advantages, to enforce a
compliance with the terms of association.
If, however, an individual be weary of complying with
the terms of an agreement, to which he does not feel
conscious of having assented, he is doubtless at liberty, so
far as the compact is concerned, to withdraw himself from
any society of which he may happen to be a member.
40
: First, to protection of person and pro-
perty.
Secondly, to be compelled to do no-
thing, which the welfare of the society
at large does not require.
Thirdly, to be allowed to do any thing,
which does not injure another:
These claims constitute the original,
primary Rights of association, in which
every individual member is, without the
smallest exception, equal.
Every action, however trivial in itself,
is, by these conditions, subject to the con-
trol of Society : even thought itself is no
But whither shall he flee? in the present peopled state
of the globe, he will scarcely be able to escape from
-the influence of one society, ere he will find himself
entangled in that of another; where the same compact
must be in force, though the conditions of it may be very
differently respected. Now therefore, since the conditions
hold out the greatest possible advantages, which associa-
tion can confer, he will surely, as a rational being, be
induced to abide in that society, in which, from the wis-
dom of its regulations, those .conditions are most effec-
tually maintained.
otherwise free ithan, .as being only a fa-
culty of the mind, it is capable of evading
the means of restraint; but the moment
it bursts forth into action, the Society is
authorized to take cognizance of, and to
check it, if it thinks.proper.
The Society undertakes to protect, and
engages. to punish. In all cases of vio-
lence, or injury, committed against in--
dividuals, the Society is to be applied
to for retribution; the injured party.is
not allowed to exert his own powers for
that purpose, except only in one instance,
where the natural possessions are en-
dangered; and these, the Society feel-
ing itself incapable either of restoring
or of compensating to the individual,
allows him, when they are threatened, to
exert his own powers to the utmost, in
their defence; upon condition of his sub-
mitting the case afterwards to a decision
of the Society.*
* If after repeated applications the Society refuses, or
42
There is another set of Rights which
may be termed secondary, or with more
propriety, PRIVILEGES. These are not
such as can be claimed, in the first in-
stance, by any of the members ; but they
are such as the Society voluntarily con-
fers, as a gift, or boon, upon particular
individuals. These Rights are not es-
sential to, but rather a consequence of,
Society; they are granted for the better
preserving and maintaining of the pri-
mary Rights, and should therefore, in
every instance, be subservient to that end.
The constitution and disposal of pri-
neglects, to attend to a complaint, and to redress the grie-
vance, an individual, so complaining, may consider him-
self in a state of oppression ; that is, the primary Rights
are withheld from him; in which case, as the original
compact is broken on the part of the Community, all ob-
ligation ceases on the part of the individual member, who
is then at liberty to employ his own power, and to take
any measures whatsoever, to regain the advantages of
which he is unjustly deprived.
This is what the French Constituent Assembly of 1789,
terms the “ Right” to resist oppression.
43
vileges rest entirely in the breast of the
Society at large; it may withdraw them,
or bestow them in any way it judges
proper, provided that the primary Rights
be in nowise infringed by them.
So long as the equality in the claims of
the several members to the primary
Rights of association is maintained, two
consequences will result:
First, the most perfect political li-
berty.*
Secondly, the inequality in the condi-
tion of the members.
The latter may perhaps appear, at
first sight, somewhat paradoxical, but,
upon a nearer inspection, it will be found
to be strictly true; for so long as every
* Political liberty, as the Constituent Assembly of
France has well expressed it, consists in being allowed
to do whatsoever is not injurious to another. This liberty
follows to the fullest extent, so long as the conditions
above enumerated are complied with, and the primary
Rights are duly preserved.
44
member is equally protected, and con-
tinues to receive the whole surplus of
power which is due to him ; in other
words, so long as he enjoys an equal
liberty of employing his faculties in any
way, which is not detrimental to another,
his condition in the Society, setting aside
the accidental "occurrence of untoward
events, to which every man is equally
exposed, will principally depend upon
his own ability and exertions. Taking
therefore, to adopt the language of ma-
thematicians, the point from which any
individual starts, as given, his relative si-
tuation, or condition in Society, will be
nearly as the product of his talents and
industry; but as these are probably diffe-
rent in every individual, that will be also
different.
No means whatever can operate, so as
to level the conditions of men, without
previously destroying the equality of their
primary Rights.
45
1
SKETCH VI.
OF THE NECESSITY OF SECURING BY SOME
MODE THE ENJOYMENT OF RIGHTS.
Rights, being the offspring of associa-
tion, exist necessarily in every Society.
But an objection immediately occurs to
this mode of reasoning, viz. if Rights
consist of the advantages, produced by the
associated power of individuals, how hap-
pens it, since the physical powers of man
are nearly the same in all quarters of the
globe, that his Rights, or actual advan-
tages, conferred by association, are so
differently possessed by different nations,
and frequently by different individuals
in the same nation? Why, for instance,
do the members of a wandering tribe of
Arabs differ, in respect to the enjoyment
of their Rights, from the subjects of the
46
Grand Seignior?-and why do both differ
essentially from the inhabitants of Great
Britain?
The answer to this question is obvious;
the difference arises from one of two
causes ; either because the powers of
the Society are not disposed of in such a
manner as to produce numerous advan-
tages, which is the case with the wander-
ing Arabs; or because the advantages,
which are produced, are not equally dis-
tributed, the bulk of them being shared
amongst a few members, as happens in
Turkey, and in all governments termed
despotic; whilst, in this island, the great-
est possible advantages are produced, and
I firmly believe that the division of them
is as equal as the nature of man will per-
mit,
Seeing then that Rights may exist to
any extent, and not be received by the
individuals who contribute to produce
them, it is evident, that, by determining
1
1
47
what are the Rights of association, we
have gained but one step towards secur-
ing the possession of them. We have
proved a debt only, whilst the means of
obtaining payment are still to be ascer-
tained.
The Compact, which is formed be-
tween the Community and individuals,
requires constant attention to be pre-
served from violation. All men are suffi-
ciently sensible of the advantages of as-
sociation, but each is willing to purchase
the enjoyment of those advantages at
the smallest price possible, and is always
endeavouring to withhold from the Com-
munity a portion of that power, which,
according to stipulation, he is not au-
thorized to retain : whilst the Commu-
nity, lulled by apparent security, and not
foreseeing the consequences of their in-
difference, are too apt to be careless in
checking and preventing infractions of
the compact. Hence it is, that the form
!
48
*
or construction of Societies is perpetu-
ally varying; all having a greater or less
tendency to degenerate, and relapse into
that state of open violence, or arbitrary
dominion, out of which they were ori-
ginally framed.
In order, therefore, to render the ad-
vantages of association permanently se-
cure to all its members, it will be ne-
cessary to counteract the effects of the
principles of degeneration; and this is to
be done, not by teaching men the nature
of the Compact, which they have formed,
and explaining to them the rights and
advantages which flow from it; but it
is to be accomplished by rendering every
violation of the Compact, on the part of
the Community, as well as individuals,
troublesome and inconvenient; by or-
ganizing Society in such a manner that,
Hence the various forms of government, which are
found in different parts of the globe; and hence, in all of
them, there is more or less of arbitrary power.
49
considered as a machine, each part may
always be enabled to maintain its proper
place and consequence, that so the ba-
lance of the whole may be preserved, and
the tendency to change be thereby, as
much as possible, diminished.
+
E
事
​SKETCHES, &c.
PART II.
OF GOVERNMENT.
SKETCH VII.
OF THE DIFFERENT MODES OF SECURING
THE ENJOYMENT OF RIGHTS,
HITHERTO the theory only of Rights
has been considered ; it is now time to
examine the Rights themselves, or rather,
the mode by which the enjoyment of
them may be secured to the several in-
dividuals, who contribute to their pro-
'duction.
Man associates for the purpose of se-
curing his possessions; which security
consists in defence.
E 2
52
1
First, against foreign, or external ene-
mies.
Secondly, against domestic or internal
violence : that is, from those who are
members of, or sojourners in, the same
Society.
His possessions are of two kinds, na-
tural and acquired, or, person and pro-
perty
The acquired possessions, or property,
are again divisible into two, viz.
Moveable, which includes money, goods,
&c. and
Immoveable, which includes land, or
that portion of the globe, which the So-
ciety has taken for its residence.
A nation consists of any number of
individuals, who, according to the con-
ditions specified in Sketch V. have asso-
ciated for the protection and security of
these several kinds of possessions.
The possessions are distributed a-
mongst the individuals in various pro-
53
portions; in reference to which, the
individuals will be divided into three
classes :
The first class, which I shall call A,
includes those, who have little more than
natural possessions.
The second class B is composed of
such as, in addition to the natural, have
likewise a quantity of moveable, acquired
possessions.
The third class C, comprehends those,
who, to the possessions of the two former
classes, unite a quantity of immoveable,
acquired possessions, or land.
It remains then to be inquired, what
are the means, by which the great ends
of association may be best obtained; what
are the laws and regulations to be sub-
mitted to by its members; what is the
mode of organization, or the form of go- .
vernment to be adopted by them ; so that
the original compact may be preserved
inviolate, the exercise of their Rights be
54
permanently se ured, and the greatest pos-
sible happiness be diffused amongst them?
This is a question, unfortunately for
mankind in general, and, at this moment,
for Europe in particular, of very diffi-
cult solution. The minds of men are
extremely divided upon it, and it has
proved the source of those unhappy dis-
turbances, which, for four years past,
have agitated and convulsed a neigh-
bouring nation. It has been productive
of those accumulated evils, those unpa-
ralleled enormities, which, surpassing the
atrocity of former ages, reflect disgrace
upon the name of Man.
The difference of opinion upon this
question, distinguishes the great leading
parties, the Aristocratic from the Demo-
cratic. The former considering all right
to be the offspring of Society, look for
the protection and continuance of it in
the laws and regulations, adopted by
Society; whilst the other, regarding it
55
as a gift of Nature, leave to Nature the
protection and support of it. The first
consider man as he is, the latter consider
him as he is not.
This diversity of opinion, concerning
the most effectual system of government,
is owing perhaps, in some measure, to the
unavoidable imperfections, experienced
in all. Every system, however perfect it
may appear, will be found to have its
failures in some points; for, consisting,
as it must do, of general rules only, it be-
ing impossible to form a system, suffi-
ciently complicated, to embrace particu-
lar instances, a considerable part of every
man's conduct must be finally left to his
own judgment and discretion; and as
these qualities will frequently fail him,
and as 66 his affections will sometimes
sway more than his reason,” the execu-
tion of the law will, in such cases, be im-
perfect, and the whole theory will appear
to be defective.
56
1
Hence those persons, who, from si-
tuation or otherwise, become more ac-
quainted with the defects of any particular
system, will naturally be induced to pre-
fer others, where similar defects are
guarded against, and avoided—But this
preference will be frequently found hasty
and superficial ; for a system of govern-
ment is not to be preferred, because it is
free from particular defects, but because
the quantity of imperfection is the small-
est possible, compared with the mass, or
sum total, of the advantages.
The forms of government which have
been established, or which are still found,
in different nations, are extremely va-
rious, scarcely any two agreeing in every
particular; they are all, however, reducible
under two heads.
First, where the secondary rights, or
privileges, are granted in a limited de-
gree, and for a short period of time, never
exceeding the life of the individual ; and
1
57
1
where, consequently, the power of dispos-
ing of them, periodically returns into the
hands of the people.
Secondly, where the privileges are
granted upon a more extensive scale,
and are suffered to devolve upon different
individuals, in the same family, in suc-
cession; and where, consequently, the
people grant, into the hands of particular
families, privileges which do not return.
The first head admits of little variety,
being the true Republic.
The latter admits of great variety, in-
cluding all the mixed and unmixed forms
of Aristocracy.
As it is not my intention, however, to
enter into the minutiæ of these different
modes of organization, I shall content
myself with briefly examining the prin-
ciples of each.
58
✓
SKETCH VIII.
OF THE FIRST MODE.
The principles, upon which the ad-
vocates for Republicanism argue, are
these ; viz. Society being formed for the
good of the whole, the happiness of every
part is equally concerned ; every part,
therefore, ought to be consulted in all
matters, which relate to that happiness :
and as a majority of parts, numerically
taken, is equivalent to the whole, such
should be regarded as the whole, and
undertake the management and direc-
tion of the whole.
Upon these principles, which carry
with them the semblance of truth and
justice, the task of forming a government
is simple and easy: it consists merely in
collecting the will and pleasure of each
59
particular individual, and adopting the
majority of such wills, as a law for the
whole. Every man,” says the author
of a Letter to the National Convention of
France, as an individual, has a will of
“ his own, and a manner. of expressing
“ it. In forming these individuals into
Society, it is necessary to form their
“ wills into a government; and in doing
this, we have only to find the easiest
“ and clearest mode of expressing their
wills, in a national manner.”
This is doubtless a very simple and ob-
vious method of proceeding. But will it
accomplish the great ends for which go-
vernment is intended ? will a govern-
ment so constituted be permanent and
secure? will the advantages, accruing
from it, confer happiness on its members,
and invite strangers to become settlers
under it? A reference to France, during
the last four years, might perhaps afford
a satisfactory answer to most inquirers ;
60
but as this mode of reply would be liable
to several objections, I shall not insist
upon it, but proceed to point out the
reasons, which preclude the possibility of
forming a permanent system of govern-
ment upon such principles.
Every man, as an individual, has a
- will of his own:”—but what is to be un-
derstood by this will? It is the proposal
of, or acquiescence in, those measures,
which, in the opinion of the individual,
will best contribute to his own happi-
ness; and is founded upon a desire, im-
planted in every animal, to pursue that
end.
Civil Society, as we have already seen,
is, in a great measure, an artificial state:
the happiness of its several members is
connected with, and depends upon, the
happiness of the whole. The means,
which will best supply that happiness,
cannot be dictated by instinct only, but
must result from experience ;-from a
61
1
general knowledge of the relation be-
tween cause and effect, and a particular
knowledge of that, which each individual
bears to the community at large.
It remains therefore to be ascertained,
whether every individual, in Society, be
equally competent to decide upon the
measures, which will eventually ensure
his own happiness ; and consequently,
whether, in forming a government, every
man's will is to have equal weight.
In the early stages of the Social Union,
when knowledge had made little progress,
and civilization was beginning only to
dawn upon mankind, the shades of dif-
ference, between the qualifications of
one member and another, were scarcely
strong enough to be accurately distin-
guished.
Society, at that period, night be re-
garded as an aggregate of similar parts,
each part containing nearly the proper-
ties of the whole. It resembled the more
62
simple, or, as they are commonly called,
imperfect, animals; like them, it might
be divided and subdivided ; but as the
several organs were diffused, and almost
equally distributed, throughout the whole
mass, every division could exercise func-
tions sufficient to preserve its own exist-
ence, and the larger divisions would ne-
cessarily include the principal properties
of any smaller one.
But, knowledge continuing to accu-
mulate, the construction of Society grew
more and more complicated : the various
functions of it, which had been succes-
sively exercised by each part separately,
and imperfectly performed by all, gra-
dually collected themselves together, and
became the exclusive office of particular
parts only
Society was now to be regarded as a
collection or combination of dissimilar
parts, each depending upon, and contri-
buting towards, the perfection of the
63
whole. It resembled the more compli-
cated, or perfect, animals : and, as the
organs and functions of the whole were
variously and unequally distributed; and
as the number, or importance, of the
functions, or properties of any particular
part, bore no proportion to the quantity
or magnitude of that part; so the col-
lected properties of any division of the
whole would bear no proportion to the
magnitude of that division, nor would the
larger divisions necessarily include all,
or even the chief properties of any smaller
one.
;
Such is the present state of the dif-
ferent societies, or nations, in Europe ;
which consist not of individuals, who are
equally capable, as occasion may require,
of exercising interchangeably the func-
tions, or occupations of one another ; but
of different sets, or classes of men, who,
from having attended to some particular
function or occupation, and from having
64
thereby acquired the habit of exercising
it, are less competent to understand, or
to exercise, the functions of any other
class.
The wellbeing of the whole nation
depends upon the wellbeing of the se-
veral classes : no division or part of the
whole, which does not contain a know-
ledge of the separate interests of every
class, together with the relation of every
class to the whole, can regulate, or direct
the interest of the whole. Let us examine
whether a majority of individuals contains
this necessary information ; for which
purpose, let a certain number, for in-
stance 100, be taken indiscriminately
from any civilized nation, which will be
similar to the taking of the whole nation;
let us suppose that they are threatened
with some imminent danger, the coun-
teraction of which calls for their united
wisdom. They will assemble then to col-
lect this sense, will, or general opinion,
65
upon some question ; and, as happiness
is the ultimate object of their assembling,
every man will propose, or assent to, such
measures as, in his opinion, will be most
likely to secure that object. But how is
the value of each man's opinion to be es-
timated ? It cannot be equal in all, unless
the natural abilities, and information, of
each be supposed equal, and similar; in
which case, they would all propose the
same measures, which is an absurd sup-
position ; and no man will contend that
he, who has no information upon a
subject, is as capable of understanding
and reasoning upon it, as another, who
has made it the particular object of his
thoughts and study.
If the question be medical, for instance,
should every man's opinion be rated equal
to the physician's? If war be the subject,
should the opinion of the general have no
preference ? - Should the husbandman,
whose knowledge extends not beyond
F
66
i
the cultivation of his little farm, be
thought competent to decide upon the
real advantages of one form of govern-
ment over another?
The value of every man's opinion will
be in a ratio, compounded of his natural
abilities, and his information upon the
subject discussed; and this will be true,
whatever be the nature of the subject.
It will follow, therefore, that the sum
total, or value, of the opinions will bear
no relation to the number of individuals,
who coincide in them, but solely to the
relative qualifications of that number.
And since it is possible that the qualifica-
tions of one man may be greater than
the united qualifications of any number
of individuals, it is evident that the opi-
nion, or will, of one may be of more
weight, or value, than the remaining
ninety-nine. *
* Hence it is evident, that so far from being an easy
matter to collect the sense of a nation upon any subject,
67
Hence it is evident that opinions should
be weighed, and not numbered ; that to
gather the sense of a civilized nation by
numerical estimation, is erroneous and
deceitful, and that a majority so obtained,
not necessarily containing within itself
all the information and properties of the
minority, and therefore not acquainted
with the interests of the minority, ought
not to direct and govern the whole. I
say ought not, because it is against its in-
terest so to do; that it has the power, I
am ready to allow, for 51 persons will,
cæteris paribus, have more strength than
49, but their own welfare, the object for
which they assembled, forbids them to
exercise it. The minor part is necessarily
connected with the major, and intimate-
ly concerned in all its operations, and
no measures ought to be adopted, which
"
it is impossible to ascertain accurately the value of the
opinions, and consequently the sense, of a few individuals ;
for who is to decide
upon their relative qualifications ?
1
F2
68
do not equally hold out the wellbeing of
each ; since whatever is unfavourable to
one, must, in the end, prove equally un-
favourable to the other,
It is in vain to urge that, because eve-
ry man is equally concerned, every man
ought equally to interfere, unless it can
be shown that every man is equally ca-
pable of interfering to the general ad-
vantage. Health is the concern of every
man, but ought every one, on that ac-
count, to be his own physician ? would
the health of all be benefited by such a
measure? By a parity of reasoning, every
man should be his own watchmaker, his
own architect, and his own lawyer :-and
what would be the consequence? Society
would be soon reduced to its incipient
state, when there were neither watch-
makers, architects, lawyers, nor phy-
sicians.
The members of society, like men in
a manufactory, are severally employed to-
69
wards the completion of one object, and
though each may understand the depart-
ment, which is allotted him, none can be
said to understand the whole of the busi-
ness; nor can any subject be proposed
so simple, as that every man will be
equally capable of discussing it. The
brickmaker contributes to the building
of an house, but is he to be consulted
upon the construction of a staircase? or
is the labourer to be advised with upon
the proportion of the apartments? That
every man should have a voice in the
government, which he contributes to
support, is just and reasonable, but that
voice should be confined to subjects with-
in the sphere of his own knowledge : if
it extend beyond those limits, it be-
comes either useless or detrimental, and
frustrates the purposes for which it is re-
quired.
In matters of private concern, if any
man chooses to take upon himself the
70
exercise of what he does not understand,
he is at liberty to do so, because he only
is the sufferer: he may make his own
watch, build his own house, prescribe his
own medicines, or plead his own cause,
and who shall interfere with him? But,
in matters of public concern, in questions,
which involve the general interests of the
community, every man is at liberty to
oppose him, and is, furthermore, called
upon so to do; not only to prevent the
immediate evils which would ensue, but
to check the progress of so dangerous a
delusion, which must inevitably prove
destructive of subordination and happi-
1
ness. *
Neither is it true, that every man is
ER
Why, it
, it may be asked, this anxiety to disprove an
equality, for which no rational man ever thought of con-
tending? Because it is the equality, which the lower or-
ders of Society are looking to, and the only species of it,
which they are able, or perhaps willing, to understand.
And as those orders, from a superiority of numbers, would
probably for a time take the lead, should a revolution in
71
equally concerned ; he is concerned in-
deed for his own welfare, but his interest
in the safety and preservation of the con-
stitution will depend upon the nature and
quantity of possessions, which he has at
stake. A, for instance, who belongs to
the first class of individuals, and has little
more than natural possessions, which he
can remove at pleasure, and place under
the protection of another State, is not
the government be effected, I have endeavoured to prove
the impossibility of reducing to practice the opinions,
which would then be introduced amongst us, and have
exposed the consequences, which would attend the intro-
duction of them ; in the hope, that all peaceable and
well disposed persons, dum res sinit, and whilst they re-
tain
any
influence over the conduct of others, will exert
themselves to the utmost venienti occurrere morbo; and
not suffer themselves to be unthinkingly drawn into a si-
tuation, where eventually they would be despoiled of every
thing, by those, who, in fact, would have every thing to
gain.
When the Marquis de la Fayette, and his revolutionary
coadjutors, stirred up the people to a rebellion in France,
they entertained no opinions, which were incompatible
with order, or destructive of real happiness; they aimed
72
1
equally interested with B, who belongs
to the second class, and has, in addition
to natural, a portion of acquired posses-
sions; nor is the interest of B equal to
that of C, who, belonging to the third
class, has, in addition to the property of
A and B, a quantity of immoveable pos-
sessions, or land. The desire of happi-
ness is doubtless the same, and the ac-
quirement of it is of equal importance to
only at the establishment of true liberty, and they pro-
posed, as the basis of it, an equality of Rights. But did
the expectations of the populace extend no further?
Were the multitude, who had been urged forward by the
prospect of more solid advantages, to be satisfied with the
possession of what, in their
eyes,
would
appear
to be an
empty distinction! The leaders of the rebellion should
have been aware of this. It behoved them, before they
transferred the power into the hands of others, to weigh
well the abilities, the discretion, and, above all, the pro-
bable intentions of those, to whom they were going to
deliver it.
If my treasure is stolen, of which you undertook the
charge, is it a sufficient reply that you had no share in the
theft! You are answerable for the conduct of those to
whose care you thought proper to entrust it.
73
all; and on that very account, since the
means are different in all, and all are not
equally acquainted with them, nor equal-
ly interested in applying them, it becomes
necessary to render the interference of
different individuals unequal.
The possessions of one class are always
coveted by the individuals of another;
and there is a constant tendency in each,
notwithstanding the Social Covenant, to
seize upon and to apply them to their
own uses. The individuals of the class
C, for instance, will, if they have suffi-
cient power, avail themselves of the pos-
sessions of the class A ; whilst the class
Awill endeavour, in their turn, to become
masters of those belonging to the class
C: in either case, the original compact
is broken. The first instance happens in
all despotic governments; and the latter
will most assuredly happen, sooner or
later, in every government, where the
majority of individuals directs the opera-
74
tions of the community. And for this
plain reason; the quantity of immoveable
possession, or land, being fixed, the num-
ber of individuals, composing the class
C, is necessarily limited, whilst that of
the other two classes is subject to vary
exceedingly, and is capable of increasing
to an unlimited degree. Hence it is evi-
dent, that, the weight of power being
liable to accumulate against C, the indi-
viduals of that class will hold their pos-
sessions, upon an uncertain and insecure
tenure. Such a government, therefore,
being balanced on a moveable point, and
having no fixed centre upon which to
turn, the preponderancy of it will be al-
ways subject to fluctuate and change.*
* The present rulers in France-(I write this soon
after the destruction of the Brissotine party) conclude
perhaps, that if every opponent to their measures could
be at once removed, the internal regulation of affairs
would be then undisturbed, and they would be enabled to
maintain themselves at the helm of government: but
would not new enemies perpetually arise against them?
75
There is one mode of answering these
arguments, viz. to instance the govern-
ment of América against them, which,
from having the appearance of fact, op-
posed to speculative reasoning, will doubt-
less have great influence over the opinions
of many men. But there is a considerable
fallacy in this reply; for the constitution
of America, though truly Republican, is
yet too young to discover its bents, or its
imperfections, and is therefore incapable
of affording any solid grounds of reason-
ing, either for, or against, such forms of
government.
The constitution of a kingdom, like
that of an animal, cannot be known by
considering its properties singly, or ab-
stractedly, but by viewing the whole in
/
How got they to their present situation : the same road
lies open to others, and there will always be found those
who are ready for the adventure! In a government, which
allows of any man's reaching the summit, woe be unto
him who stands nearest the precipice!
76
their connected state :—by multiplying
the advantages, which it produces, by its
capability of preserving, and, in case of
disturbance, restoring the equilibrium,or
healthy state. Can America be brought
to this proof? Occupied in perfecting her
own system, she has little to disturb or
impair her balance. Too feeble to be
dreaded by other powers, she is scarcely
consulted in the proceedings of other na-
tions. America is, therefore, at present,
quiet and peaceable : long may she con-
tinue so! but it is the quiet of infancy,
not the peaceableness of manhood ; it
is the infant Hercules reposing in the
cradle ; and not the powerful adult re-
cruiting himself after his labours.
Add to this, that her lands, compared
with European states, are yet unpeopled,
and the balance of her government rests,
where it ought to rest, on the landed
property. The evil tendency of Repub-
licanism, therefore, which quickly and
1
1
77
1
almost immediately burst forth in the
populous provinces of France, as yet lies
dormant in America, and, considering the
extent of her territory, may be many
years, perhaps, before it is awakened in-
to action : no parallel can be, therefore,
drawn between America and the states
of Europe, nor can any argument be ad-
duced from her government to favour the
cause of Republicanism.
Anopinion is prevalent with some men,
that the science of government, when
cleared of that mysteriousness, which the
artifice of statesmen has thrown over it,
is simple and easy; that all men are
capable of understanding it, and are,
in fact, sufficiently acquainted with the
forms of it, to perceive the advantages of
each, and to select the best.
This opinion arises, probably, from
the frequent conversations, which, in this
country especially, politics afford to all
ranks of men. We are not to conclude,
78
1
however, that every man, who discourses
upon Liberty and the Rights of man, as
they are called, is acquainted with the
principles upon which such rights de-
pend. Ask that bold assertor of freedom,
the leader of yonder mob, what he is pur-
suing. He will tell you Liberty. Demand
of him what he means by liberty. He
will tell you, freedom from restraint, to
do whatsoever he pleases, and to pay no
taxes. This is his code of liberty, and
these are his notions of the Rights of
man. It will appear that he has no dis-
tinct notion of political liberty; on the
contrary, that he is pursuing a phantom
of his own imagination ; vainly hoping
to engraft the ideal happiness of a state
of Nature upon the solid advantages of a
state of Society ; expecting to have the
liberty of doing whatsoever he pleases,
with the power of preventing every other
being from annoying him. But this is a
species of liberty, for which he will look
79
in vain. It is denied him, not by man,
nor by any combination of men ; it is
denied him by the arrangement of the
universe, it is denied him by the fiat of
the Almighty, who, by conferring equal
pretensions on many beings, has rendered
it necessary for them mutually to give
way to one another.
Shall this man, because he is clamor-
ous for liberty, have an equal voice in the
general assembly of a nation ?-which
he will have, if the sense of that nation
is taken by a majority of individuals ;-
and upon questions, which relate to the
foundation, and are to form the basis of
the future liberty of the people ? Forbid
it order! forbid it happiness! Would such
a man be thought capable of framing the
particular laws of a kingdom ? would he
be returned to an House of Commons,
would he be delegated to a National Con-
vention? Surely not-why then should
he be thought able to form general laws,
80
and to decide upon the principles of all
law whatsoever! It is surely less difficult
to make a single wheel, than to form a
combination of wheels, or construct a
machine; nay, it would be absurd to
employ any man to construct the latter,
and to expect him to reason upon and to
determine its power and advantages, who
was confessedly unacquainted with those
of the former : Nor is it less absurd to
consult a man upon the outlines of a go-
vernment, whose advice would be spurn-
ed at in filling up the interior parts of it.
Yet there are those, who maintain a
contrary doctrine, and are esteemed the
friends of the people, for endeavouring to
introduce it into practice. Are they to
be accounted true friends ? Surely not:
the people themselves, when destruction
came upon them, and they were made
sensible of the ill consequences of their
interference, would be the first to accuse
such advisers as the chief authors of their
81
calamity. Why, they would say, did you
instigate us to these measures? Why did
you persuade us that we were competent
to undertake, what we now find we were
not qualified to understand ? Why did
you press us to destroy a government,
under which we were enjoying security
and happiness? You taught us that we
might be happier, and we then discover-
ed that we were unhappy : you pointed
out the evils of our government, but you
carefully concealed from us the advan-
tages which flowed from it. We saw not
the connexion between one part and
another; and we vainly expected to re-
tain the advantages, though the causes
were destroyed, which remotely were
producing them. We grasped at a sha-
dow, and we discover, too late, that the
substance has escaped !
Since it is evident then that every man
is not equally well acquainted with the
nature of government, and therefore not
G
82
equally capable of determining what will
eventually produce his own happiness :
—that every man, who is entitled to
share the profits of a machine, is not, on
that account, able to correct the mecha-
nism of it: I conclude that the first prin-
ciples of Republicanism are false and er-
roneous, “ paltering with us in a double
sense ;” and, in the room of happiness,
which they profess to produce, will be
productive of disorder, anarchy, and con-
fusion.
83
SKETCH IX,
OF THE SAME.
1
Having exposed the fallacy of the main
principle of Republicanism, it should seem
unnecessary to make further observations
upon the collateral branches of it. I can-
not avoid, however, taking notice of some
of the passages, which are scattered
through different parts of the letter, al-
luded to in the preceding sketch.
“ For my own part,” says the author,
- when I see a man in private life as-
suming an external splendour, for the
“ sake of gaining attention, I cannot but
“ feel it an insult offered to my under-
“ standing ; because it is saying to me,
“ that I have not discernment enough to
distinguish his merit, without this kind
“ of ecce signum. And when an officer of
G2
84
66
government exhibits himself in the
foppery of a puppet, and is drawn by
“ six or eight horses, where two would be
** really more convenient to himself, I am
grieved at the insult offered to the na-
- tion, and at their stupidity in not per-
"ceiving it. For the language of the
“ mummery is simply this, that the offi-
cer cannot rely upon his own personal
“dignity, as a title to respect, nor the laws
o be trusted to their own justice, to in-
sure their execution. It is a full ac-
knowledgement on his part, that the
government is bad, and that he is
obliged to dazzle the eyes of the peo-
“ple, to prevent their discovering the
“ cheat. When a set of judges on the
“ bench take the pains to shroud their
6* head and shoulders in a fleece of horse
hair, in order to resemble the bird of
wisdom, it raises a strong suspicion,
“ that they mean to palm upon us the
“ emblem for the reality.
66
85
.66
“ It is essential to the character of a free
republic, that every thing should be
“ reduced to the standard of reason; that
“ men and laws should depend on their
own intrinsic merit, and that no sha-
“dow of deception should ever be offered
“ to the people ; as it cannot fail to cor-
rupt them, and pave the way to oppres-
- sion.”
Where, let me ask the author, is the
deception in the instances enumerated ?
when a judge puts on a wig! and an of-
ficer of government is drawn by eight
horses! Is it considered as a deception
that the admiral of a fleet, and the ge-
neral of an army, have an uniform pe-
culiar to themselves ? does it lessen their
mèrit as men, does it diminish their abi-
lities as commanders? No; but it enforces
the execution of their commands, it se-
cures obedience, and it serves as a badge
of distinction, by which I and thousands
of other men, who have neither oppor-
1
86
tunity nor knowledge sufficient to judge
of their merits, are enabled to
pay
that
attention and respect to them, which, in-
dependent on their private characters, is
due to the situation which they are called
upon to support. Official situation is in-
separable from private character, and
unless the dignity of the former be main-
tained, the respect for the latter cannot
be preserved. But how shall the dignity
of any situation be maintained, if the si-
tuation itself cannot be distinguished ?
How shall any man be obeyed, if he may
not bear about him some mark of the
power with which he is entrusted ? If,
indeed, the officers of government were
selected from beings of a superior order ;
or, if the powers of the mind bore such
a relation to those of the body, that
knowledge and ability could, at first
sight, be distinguished by form or sta-
ture, then perhaps artificial distinctions
might be laid aside. But as it is, we must
87
i
supply, by artificial means, what nature
has thought proper to deny us ; we must
continue to preserve exterior distinctions,
so long as order and decorum shall be re-
quired in Society.
When an officer of government appears
conspicuous in his situation, I offer an in-
sult to the community, if I neglect to pay
obedience and respect to him. But, when
he appears like a common man, he offends
against the dignity of the situation, in
which he is placed, by exposing it to de-
gradation and contempt ; and he reduces
me to the necessity of pleading, as an ex-
cuse for my neglect of him, what the
honest soldier pleaded to King Henry;
“ Your majesty came not like yourself :
you appeared to me as a common man :
“ witness the night, your garment, your
“ lowliness : and what your highness
“ suffered under that shape, I beseech
“you, take it for your own fault, and not
“ mine : for had you been, as I took you
88
a
“ for, I made no offence; therefore I be-
“ seech your highness pardon me.”
If it be essential to the character of a
free republic, that all things should be
reduced to the standard of reason, then
it must be essential to the establishment
of a free republic, that all men should,
first of all, be rendered capable of judging
of what is reasonable; but that can not
be done, and we may therefore conclude
that a free republic, such as this author
is looking for, will never have existence.
For to expect all men to measure by.
a common standard, without possessing
such a standard, is not one whit less ab-
surd, than to expect all men to converse
in the same language, before they are ac-
quainted with the words.
In such a government, neither men nor
laws would depend upon their intrinsic -
merit, but upon the accidental judgment
of those, who felt themselves most in-
terested to interfere ; and as all men,
1
89
1
-
I
though possessed of unequal qualifica-
tions, would equally have the liberty to
offer their opinions upon any subject, the
ideas of merit and demerit would be con-
stantly varying, as the interest or judg-
ment of those, who took upon them to
decide, differed from, or coincided with,
the true standard of reason.
Such a government, under the pro-
fession of openness, would be one con-
tinued series of deceptions. The mass of
the people, relying on their own dis-
cernment, and in full confidence that
there was nothing to deceive them, would
daily deceive themselves in those points,
which they least suspected were liable
to be misconceived.
There is a wide difference between re-
ducing all things to the standard of rea-
son, which requires from all, what they
are not competent to perform; and es-
tablishing such a rational system of pro-
ceeding as, adapting the means to the
end proposed, allows every man to mea-
90
CG
sure by the standard to which he is ac-
customed, and makes the necessary al-
lowance for the variation of each.
“I am confident," continues the au-
thor, “ that any people, whether virtuous
or vicious, wise or ignorant, numerous
or few, rich or poor, are the best judges
“ of their own wants, relative to the re-
6 straint of laws, and would always sup-
ply those wants better than they could
“ be supplied by others.
“ A republic of beavers, or of mon-
keys, I believe, could not be benefited
by receiving their laws from men, any
“ more than men could be in being go-
“ verned by them. If the Algerines, or
“ the Hindoos, were to shake off the yoke
ss of despotism, and adopt ideas of equal
liberty, they would that moment be in
66 a condition to frame a better govern-
“ ment for themselves, than could be
« framed for them by the most learned
“ statesman in the world.”
Why then, let me ask, did the French
91
nation fail in the undertaking? was it.
because it was unacquainted with its
own wants? or because the Constituent
Assembly neglected to attend to those
wants? or was it because the wants them-
selves changed and fluctuated, and re-
quired a mode of being supplied to-day,
different from that which had gratified
them yesterday? The sophistry of this
reasoning is too flimsy to escape the pe-
netration of any man! The wants of
every people are, and will ever continue
to be, ultimately the same, viz. happiness;
the forms of government are only the
means, established to supply those wants;
but we are not to conclude, with this au-
thor, that the latter vary, because the
former undergo an alteration. The wants
of the French nation were the same in the
year 1789, when they willed a Monarchy,
as they were in the year 1792, when they
were clamorous for a Republic; but their
opinion, respecting the best mode of sup-
92
plying their wants, and thereby procur-
ing happiness, had, in the mean time,
undergone an alteration; and if that opi-
nion is constantly to be attended to, and
if a total change in the form of govern-
ment is necessarily to accompany it, they
may change and change " till the af-
frighted globe shall yawn at altera-
“ tion," and still will they be discon-
tented.
The permanent happiness of indivi-
duals in Society, like the health of the
different parts of an animal machine, does
not depend upon the full gratification of
immediate wants, but upon such limited
gratification, as is consistent with the
wellbeing of the whole; and the limits
of restraint are not to be ascertained by
a knowledge of the wants alone; for, in
that case, the sick would need no physi-
cian; but upon a knowledge of the prin-
ciples also, upon which the machine itself
is constructed.
1
93
The principles of a political machine
depend upon the nature of the beings, of
which it is composed : the nature of man
is probably the same, in whatever quar-
ter of the globe he may be found ; and
the principles of a well constructed go-
vernment will be every where similar:
consequently, that statesman, who, by his
intimate knowledge of mankind, has been
able to form the best possible code of
laws for one people, would, were he suffi-
ciently well acquainted with the neces-
sary local circumstances, form the best
possible code for any people whatso-
ever.
* Several authors entertain an opinion, that parti-
cular forms of government are adapted to particular na-
tions ; but this opinion is not strictly philosophical ; it
looks only to the present moment.
A nation may, from various circumstances, be more
capable of enduring the inconveniences of a particular
form of government, and less likely to feel them, than
other nations would be, which are not in similar cir-
cumstances. But it does not follow that such a form of
94
Every nation, it is true, nay, every in-
dividual, is most sensible of his own im-
mediate wants ; but, on that account, it
becomes least probable, so far as laws
are concerned, that he will administer to
his ultimate happiness. To relinquish
present gratifications, for the prospect of
distant advantages, is the part of the pru-
government is the best possible to be adopted, even by that
nation; on the contrary, it is probable that that form,
whatever it may be, will not be permanent; for the cir-
cumstances themselves, which principally constitute the
ence between the nations, are perpetually, and, for
the most part, progressively changing, and the one there.
fore will, in the course of time, be as unable to continue
what she has adopted, as the others are, at present, to re-
ceive it.
When the population and refinement of America shall
equal those of European states, a republican government
will become as uneasy and inconvenient to her, as it is,
at this moment, to the inhabitants of France.
It is impolitic to impose any form of government
upon a people, such that in the natural course of events,
they must grow out of, and become unfit for it. Is there
none which is capable of adapting itself to the different
conditions and progressive changes of every
nation?
95
dent man only; allowing, therefore, for
a moment, that every individual is equal-
ly sensible of the necessity of restraint,
does it follow, that every individual will
have equal resolution to impose it upon
himself ? No; the bias of every man's
feelings will naturally incline him to fa-
vour his own interest; and the greater
number will find little difficulty in per-
suading themselves, that those laws will
be most favourable to the public good,
which, in the first instance, appear to
promise most advantage to themselves.
It is not true, therefore, that any peo-
ple, however enlightened they may be,
are best calculated to form their own go-
vernment; on the contrary, it appears
probable, that the task would be always
better performed by others, totally un-
connected with the people in question;
who, consequently, would be enabled, pro-
vided they had sufficient talents and in-
formation, to take an extensive and im-
96
partial view of all the circumstances, un-
influenced by caprice on the one hand,
or private interest on the other.
Respecting the failure of the French
Constitution, by which I mean the con-
stitution formed by the Constituent As-
sembly of 1789, and accepted by the na-
tion in 1791, much might be advanced;
but I have neither leisure nor inclination
to enter at large upon so fertile a field.
To decide upon the merits of that
Constitution by the event would be un-
fair, because, considered as an experi-
ment, it may very properly be deemed
imperfect. A new government cannot
act in full force, whilst a considerable
number of the members of the old one
are still living ; for mankind are too
much the children of habit, to be able
to accommodate themselves at once to
material changes, and they will naturally
throw obstacles in the way of a new go-
vernment, under which too, though the
97
1
public are benefited, their own advantages,
as individuals, are perhaps considerably
diminished. But judging of it abstracted-
ly, and without any reference to the trial
it experienced, I consider the constitu-
tion, in question, as being extremely faulty
and defective; particularly in those points,
which are essential to permanency, and
consequently, that it would be shortlived,
under any circumstances whatsoever.
In the first place, it rests upon, what
are called, Rights in a State of Nature;
these supposed Rights, originating pre-
viously to the existence of Society, re-
main independent on the constitution
they support. There is consequently no
connexion, no interest maintained be-
tween one part and another, no common
centre, to which every part should tend;
and the whole, like a mound of sand, is
liable to be razed and dispersed by the
first hurricane which descends upon it.*
* The people were taught that all Rights, as well as
H
98
In the second place, the balance, be-
tween its different parts, is faulty in the
extreme. The Aristocracy is the only
part, which has any interest in the pre-
servation of the constitution ; but this
part, being destitute of the means of sup-
porting itself, must sooner or later be ab-
sorbed into the general mass.
head deprived of the limbs, which fed
and defended it - and, furnished with
sufficient powers only to render itself ob-
noxious, it will necessarily perish the very
moment it is called upon to exert them.
In the third place, it allows more li-
It is an
all Power, originated in themselves as men; they regarded
the laws, therefore, as so many restraints, which were the
means of depriving them of happiness, rather than as the
source from whence it was to flow. Under this impres-
sion, what interest had they to support a system from
which apparently they derived no advantages ? Upon the
first emergency, the new constitution was abandoned ;
every man looked up to himself as the proper centre of
power and rights, and proceeded to frame some other
system, which appeared more favourable to his own inte-
rests.
99
.
berty than it can guarantee and ensure:
in consequence of which, the equilibrium
will perpetually totter, and the compo-
nent parts have a constant tendency to
dissolution.
Whatever the law allows, the law is
bound to protect; it should be careful
therefore to allow nothing, the free ex-
ercise of which it has not the power to
ensure ; for a failure, in this point, must
inevitably prove its own destruction.
The truth of this observation is confirm-
ed by the constitution of which we are
speaking. The assembly, who construct-
ed it, lost sight of the community at large,
in their over anxiety for individuals.
They settled the portion of Rights, which
belonged to every member, and they ac-
tually engaged to pay that portion, before
they had calculated the stock from whence
it was to be supplied. The consequences
are evident; so long as the demands were
answered, the people were contented ;
H2
1
o
A
100
but in time, as the demands exceeded
the possibility of supply, the constitution
became bankrupt, as it were, to the peo-
ple; who, taking into their own hands
the whole power, changed and mutilated
that glorious fabric, which a few months
before had been styled" the perfection of
human wisdom !”
The mournful events, which followed,
are too much the object of every good
man's concern, to need recapitulation.
Anarchy usurped the government ! de-
solation followed; anda second barbarism
seems threatening to overwhelm them!
Frenchmen, ye sleep! awake, and see
yourselves !-intoxicated with the sound
of liberty, ye are made the instruments
of your own ruin !..deliberately perpe-
trating crimes, which ye are punishing
in others ! - trampling on the rights,
which ye profess to be defending ! and,
whilst ye glory in the destruction of ty-
ranny, under name of monarchy, ye are
101
submitting to the most abominable des-
potism of a Committee of Safety, that ever
disgraced the annals of a people!
Are
ye
satisfied with the name only
of liberty ? for what have you of liberty
but the name! Have you liberty, while
you are denied the utterance of your
thoughts ! have you liberty, while you
dare not express one sentiment of disap-
probation against the ruling powers !
have you liberty, while you are destitute
of protection, security, confidence! the
common ties 'twixt man' and man !
Where, it may be now asked, are the
members of the Constituent Assembly?
--that combination of talents, which so
justly excited the admiration of Europe !
where is the liberty they promised to
their country? where is the happiness
they looked to for themselves ? Banished
from their country, whose interest they
espoused! or murdered by their country-
men, whose cause they stood forward
102
to promote !--they furnish us with a
dreadful instance, of the fatal effects of
committing powerinto the hands of those,
who are unacquainted with its nature,
and unaccustomed to its use !
Magna petis, Phaeton, et quæ non viribus istis
Munera conveniant.
May the untimely end of that assem-
bly prove a warning to surrounding na-
tions ! may it be the means of crushing
that spirit of innovation, which, under
the fascinating title of reform, is every
where endeavouring to break forth, and
threatening to destroy the peace of Eu-
rope !--that restless spirit, whose appe-
tite increases by what it feeds on!-whose
morehaving would be as a sauce to make
“ it hunger more!”—and to which, if it
be once permitted to stalk abroad, who is
there that shall say, “ thus far shalt thou
“go, and no further?"
103
SKETCH X.
OF THE SECOND MODE. .
The advocates for the second, or Aris-
tocratical, form of government * hold,
equally with the Republicans, that So-
ciety is constituted for the benefit of all
its members : but, seeing that the hap-
piness of individuals is closely connected
with, and, in order to be permanent,
must spring from, the wellbeing of the
whole, they contend, that the whole
should, in every instance, be the prima-
ry object of consideration ; and that no
measures should be adopted, which do
not, immediately or mediately, contribute
to its welfare. Hence, say they, it is im-
material what individuals might have the
liberty of doing, in any supposed state of
See Sketch VII.
104
existence; the only question is, what de-
gree of freedom can they be permitted to
enjoy, in their present situation, regard-
ing them as a connected, associated, body,
consistently with the happiness and pro-
sperity of the whole?*
A full, and satisfactory, answer to this
question requires a previous consideration
of several points.
* Individuals derive their right of acting from the whole
Society; they cannot, therefore, without a breach of con-
tract, do any thing contrary to the established regulations
of the whole. And the Society, having undertaken to
protect its members, cannot, without a similar breach,
allow a greater liberty of acting, than it has the power to
support and vindicate.
Hence it follows, that even the whole Society is subject
to certain restrictions; and has not that entire freedom of
action which, at first sight, appears to belong to it; for
the object of associating being clearly defined, and the
powers of accomplishing it limited, there must be a ne-
cessary limitation in the means. Happiness is the end to
be looked for from the union, and that object cannot be
relinquished, nor any measures, incompatible with the at-
tainment of it, taken, without dissolving the association.
Whatever the Society allows to be done, it is bound to
105
First, the properties of individuals in
a solitary state.
Secondly, their relative connexion as
members of Society.
Thirdly, the general properties of an
association.
Fourthly, the particular properties,
which may result from different modifi-
cations of similar Societies.
The first three points have been amply
discussed in some of the former Sketches;
and the fourth will be developed in the
following pages.
Two leading features, or characteris-
tics, denote the perfection of a political
machine.
First, the preservation of the Social
provide that this shall be quietly performed; because it
has undertaken to protect every member, whenever he is
not transgressing an established regulation. Hence it
ought not, nay, it cannot, consistently with its engage-
ments, permit any action, the free, unmolested, exercise of
which, it has not the full power to ensure.
106
Compact ;* that is, the full enjoyment
of the primary rights of Society.
Secondly, sufficient energy, or ability,
to preserve itself entire ; without which
the first mentioned property would, in
course, be transient.
These properties, liberty and perma-
nency, seem to be, in some sort, at vari-
ance with each other': for the mode of
organization, which would produce ei-
ther in the greatest possible extent, will
be proportionably deficient in yielding'
the other. A middle course must be
therefore, steered, a sort of compromise
be entered into, and that arrangement
adopted, which shall partake of both
properties; the deficiencies of the one
being made up by supplies from the
other: no more of either being sought
for, than is consistent with a due propor-
tion of the other.
See Sketch V.
107
..
Considerable difficulties attend the
joint production of these properties.
In the first place, the individuals, or
materials, which compose the machine,
being perishable, are continually decay-
ing and falling away ; each part, there-
fore, in order that the machine may be, in
any degree, permanent, must possess the
faculty of renovating itself; which con-
sists, not merely in the addition of fresh
materials to supply the place of those
which are decayed, but in selecting and
applying such, as are similar, in certain
circumstances, to those which have been
removed ; that so, the properties of the
parts continuing the same, those of the
whole may not vary.
In the second place, the number of in-
dividuals, or quantity of materials, is lia-
ble to great variation; to which the
machine must also be enabled to adapt
itself, in such a manner, that a just equi-
108
poise may always be maintained among
its several parts. :
Under this view of the subject, a well
organized nation bears a strong resem-
blance to an animal system. For as, in
the one case, every particle of nutriment,
taken into the body, has an equal chance
of being applied, so as to constitute a
part of any of its organs; provided it has
undergone such processes, and has ac-
quired such properties, as render it simi-
lar to the organ in need of reparation :
so, in the other case, every individual,
within the nation, has an equal chance of
being placed in any office, or situation, in
which other individuals are, or may be
placed ; provided he has undergone such
regular trials, and is possessed of such
qualifications, as are requisite to entitle
him to fill that situation, by enabling him
to discharge its several functions in a pro-
per manner.
!
109
To maintain a sufficient identity of
these properties, in the one case equally
as in the other, a considerable complica-
tion of mechanism is required; the prin-
ciples of which it shall be our business,
in the next place, to investigate and ex-
plain. · But as the principal, or essential,
parts of all complex, and well-constituted,
machines have such mutual connexions,
and' dependencies upon one another, act-
ing and re-acting, as it were, in a circle;
so that it becomes extremely difficult, if
not impossible, to determine which is the
first mover, and to select any one in par-
ticular, as a basis to reason upon : we
shall endeavour to avoid this difficulty,
by considering the individuals, or, if you
will, materials of the political machine in
their yet unorganized state, the Social
Compact only being formed; and pro-
ceed to trace out some of the principles
of an arrangement, under which the re-
quisite qualities, to the greatest possible
110
extent, may be produced and maintained:
beginning, however, with the most simple
and general structure, which, prevailing
in common through all the parts, will
serve as a groundwork for the whole ;
and afterwards proceeding to the con-
sideration of the more complicated struc-
ture of particular parts : by which me-
thod the necessity of such parts will be
more readily seen, and the uses of them
be more clearly understood.
111
SKETCH XI.
OF THE NECESSITY AND NATURE OF
DELEGATION.
1
A NATION consists of any number of
individuals, who have associated toge-
ther, according to the conditions ex-
pressed in Sketch V: for the protection
and enjoyment of their respective pos-
sessions.
A perfect Government, or Constitution,
consists in such an artificial arrangement
of these individuals, as secures to them
all a perpetual enjoyment of the condi-
tions, into which they have entered. So
that, notwithstanding the change, which
takes place among the individuals them-
selves, the arrangement continues the
same, and the same properties and ad-
vantages are derived from it.
1
1
3
$
1
112
I
The whole nation, in the strict and
true meaning of the word, is the aggre .
gate of every particular part; that is, of
every single individual of the association.
But these individuals, being prevented by
various self-evident causes from assem-
bling together upon all occasions, can-
not, in the aggregate, take upon them-
selves the direction of the national
concerns: besides, if, upon any occasion,
they could be so assembled, yet, being
variously qualified in point of interest,
abilities, and information, it would be
impossible, as has been shown in Sketch
VIII. to ascertain and estimate their real
opinions; in such a manner, as that, in the
event, their intentions might be fulfilled.
It is clear, therefore, that the whole na-
tion, under this view of it, is not compe-
tent to fulfil the ends of its association ;
and it follows that, for all practical pur-
poses, such an idea of the whole must be
rejected, and the term be applied to some
113
selection or deputation, which, contain-
ing the properties of the aggregate, or
real whole, may, at the same time, be
divested of the inconveniences, which
would attend their individual delibera-
tions, and which, consequently, may be
capable of directing, to the greatest pos-
sible advantage, the interests of the na-
tion at large. *
This deputation should be chosen by
the several interests in the nation, and
should, in fact, consist of samples, in re-
gulated proportions, of each of those in-
terests. It will then be an epitome of the
* There are two reasons, then, which operate in all na-
tions, and render the appointment of deputies, or, as they
are commonly called, representatives, necessary.
The first, and obvious, one is to avoid the inconveniences,
which would attend the meeting of the whole nation.
The second, and most material, is to obtain the real
sense of the nation, which can only be done by thus se-
lecting from its several parts those, who are most intimate-
ly acquainted with, and immediately concerned in pro-
moting, its true interests.
I
114
whole nation ; that is, it will possess the
properties of the real whole, reduced to
a compass, capable of deliberating and
acting. It will contain a knowledge of
the wants, joined to the ability of sup-
plying those wants. It will be the es-
sence, as it were, separated from the
grosser parts ; and a division of it will
not be liable to those errors, to which
a division of the whole heterogeneous
mass would be necessarily subject.
Such a deputation, practically consi-
dered, is, in every instance, to be re-
garded as the whole nation ; without
any idea of referring, on any occasion, to
the real whole, from whence it has been
deputed.
The opinion of each member of this
deputation is to be held of equal value;
the value, therefore, of an opinion of the
whole body will be as the number of
members, who coincide in it. A majori-
ty of opinions, upon any subject, must be
115
considered as the opinion of the whole
deputation.
Here then let us pause awhile, that
we may strongly impress upon our re-
collection, the great end to be obtained
by this appointment; lest, by suffering
our attention to be diverted by surround-
ing objects, and the many apparent claims
of individuals, we lose sight of the real
welfare of the community, and frame a
deputation, inadequate to fulfil the pur-
poses of its formation.*
In a former part of this work, it was
* From not attending sufficiently to this point, the
Constituent Assembly of France passed the absurd and
fatal decree, which incapacitated themselves from becom-
ing members of the next assembly.
That the members of the Constituent Assembly were
men of the first abilities no man will deny; but they were
grossly ignorant of human nature. They legislated for
angels, not for men. Sensible of the impetuosity of the
popular current, they saw the necessity of raising banks to
confine, and to direct it; but the materials, for the pur-
pose, were selected with so little judgment, that they were
quickly dissolved, and washed down with the stream.
I 2
i
116
1
assumed, as a sort of axiom, or leading
principle, that happiness is the ultimate
object of all association; and that, in
Human Societies, that end is to be ob-
tained through the medium of the pre-
servation of the Social Compact. It has
now been shown that, in those extensive
Societies, termed Nations, the general
business, relating to this compact, must
be necessarily entrusted to the manage-
ment of certain individuals, deputed for
that purpose from the main body ; that
body itself being prevented from con-
ducting it. The express purpose, there-
fore, of this deputation is to carry into
effect the immediate objects of associa-
tion; that is, to maintain, as much as
possible, to every individual of the nation,
the primary rights of Society.
To do this, however, it must be es-
tablished upon some fixed and solid
foundation. Its several component parts
must be proportioned to one another;
117
and the balance between them must be
liable to no variation. For, if this be not
the case, since each deputy may be re-
garded as the advocate of some particular
interest, and the number of advocates be
allowed to vary, it is self-evident, that
one interest may, in time, become suffi-
ciently powerful to overwhelm and ab-
sorb the influence of the others ;. where-
by the express purposes of the deputation
would be frustrated, and a great propor-
tion of individuals deprived of what is due
to them.
The principal interests in every nation
are three; the personal, the commercial,
and the landed.* It will be necessary
therefore to inquire, what proportion of
deputies, or advocates, may be allowed
to each, so that the rights of all may
continue unmolested.
On first considering this question, one
# See Sketch VII.
118
is led to suppose, that the number of ad-
vocates, in favour of any interest; ought
to be directly as the importance of that
interest, joined to the number of indivi-
duals, who are particularly concerned in
it. But this is not true. The importance
of any interest being given, the number
of advocates in its favour, ought to be
directly as the difficulty of preserving it;
or in some inverse proportion of the
number of its possessors : for the abso-
lute strength of any interest, on which
depends the facility of preserving it, is
directly as the number of individuals con-
cerned in it; but the purpose of the de-
putation, being to carry into effect the
immediate objects of association, and
therefore, to preserve equally all the in-
terests, it becomes necessary, in forming
the deputation, to render the power of
every interest as equal as possible; and,
by proportioning the number of advo-
cates, to give such artificial strength to
1
1
{
119
one, as shall enable it to oppose the ab-
solute strength of others. *
Hence the personal interest, which, on
account of its general diffusion through
the nation, and its peculiar susceptibility
of injuries, for which, in many instances
no recompence can sufficiently atone,
claims the principal care of Society, yet
requires no separate advocates in its fa-
vour. For, every person being equally
3
* On this account it is, that property becomes so ne.
cessary a part of the eligibility of a deputy: not, as a cer-
tain author has sarcastically observed, because blades of
grass, and sheep, and stones, are to be represented, but
because these articles, considered as possessions, are, by
the Social Compact, to be secured to their rightful own-
er; and how shall this be done, except by throwing into
his hands an influence proportionate to their value?
Besides, in the greater number of instances, it will be
found, that the attempt to invade the acquired possessions,
is the source of insecurity to the natural; and therefore,
that it will be vain to attempt to make provisions for the
permanent security of the persons of individuals, except
by such measures, as in themselves prove a defence to
their property
.
120
interested in its preservation, it is neces-
sarily, and fully, represented by the de-
puties from the other interests.
But why, it may be asked, are the
possessors of the personal interest, who
make up so principal a part of the real
nation, to be debarred from selecting
their own deputies, and thereby making
a part of that body, which professes to be
a complete representation of the nation
itself?
First, because it is superfluous ; the
interest, which they possess, being fully
represented already.
Secondly, because it would be useless;
their education and modes of life not
furnishing them with sufficient infornia-
tion, to enable them to be serviceable in
their own cause.*
• No class of men, in complicated Society, can pro-
vide even for their own safety, who are not; more or less,
acquainted with the means of providing for that of others,
See Sketch VIII,
121
Thirdly, because it would be unsafe ;
the possessors of this interest having no
pledge to offer, as a security for their
good conduct and behaviour.
The whole business of deputation,
therefore, will be divided among those
concerned in the commercial and landed
interests ; but care must be taken that
the preponderating influence be, at all
times, in favour of the latter; because
their possessions are not moveable, and
their whole happiness must centre in pro-
moting the welfare of their own nation.
The followers of Rousseau, and all
those, who have habituated themselves to
look to a popular, or personal, representa-
tion, as the only true basis of government,
will not, at first perhaps, be able to recon-
cile this system of organization to any ideas
of justice, or sound policy. The restric-
tions will appeararbitrary and unjust, and,
in the first instance, destructive of that li-
berty, which it is the business of govern-
122
ment to maintain. Every person, they
will say, has equally a.title to be repre-
sented; and therefore every person ought
equally to be permitted to contribute his
yote to the choice of a representative.*
This leads us to consider the nature of
representation in general; of for, if it can
be shown that, in any instance, indivi-
7
1
* Why then do the abettors of personal representation
require certain qualifications, such as age, sex, &c. for
the exercise of this privilege: is it not inconsistent to re-
quire qualifications to obtain that, which, in their own
declarations, belongs indiscriminately to all ?
This inconsistency arises from not distinguishing, with
sufficient accuracy,
between that natural and precarious
liberty, which belongs to every animal in a solitary state,
and the well-defined political liberty, which results from
association, and is maintained by the regulations of go-
vernment.
The advocates of one system regard liberty as the basis
to work upon; the advocates of the other, consider it
as the object in view. No wonder that some difference
should take place in the principles and construction of
the machine,
+ See Mr. De Lolme's very valuable Treatise on the
Constitution of England.
123
$
duals are represented, and that he, who
has by vote contributed to the election
of a member, is, in point of fact, more
the object of representation than another
person, who has not so contributed, there
will be an evident injustice in the method
proposed above, which will require some
further consideration and amendment.
Representation must be either indivi-
dual, or collective. Now, if N be indivi-
dually represented, because he has con-
tributed his vote to the election of X,
then also are O, and P, and an hundred
others, on the same account, individually
represented by him; and X becomes, at
one and the same time, the representa-
tive of more than an hundred persons,
individually considered. But this is an
absurdity; because one person cannot
represent, at the same moment, even
two others, unless it: can be shown, that
those two are perfectly similar in all re-
spects ; much less can he represent any
124
greater number, such as an hundred.
It follows, that X is the representative
of the whole collectively, and that N,
and 0, and the rest of the electors, are
not represented as individuals, nor be-
cause they have contributed by vote to
the election ; but because they constitute
a part of that body, of which X is now
the representative; and, therefore, that
all other parts, belonging to that body,
though they may not have contributed
by vote to the election of X, yet, being
included in the whole, are also included
in the representation.
Let us further illustrate this matter, by
supposing that X is the representative of
some county in England, inhabited, and
possessed, by it matters not what num-
ber of individuals. In what manner has
X been elected ? By the declaration of
certain of those individuals, who, accord-
ing to the regulations of the government,
are the constituted organs for that pur-
125
pose. X then is the representative of the
whole county: that is, of all persons, col-
lectively considered, who have any par-
ticular interest in the welfare of that
county. He is the deputy, or advocate,
if
you
will, of that interest ; by whom,
the individuals concerned become ac-
quainted with the general state of sur-
rounding interests, and through whom,
they are enabled to make known the
particular state of their own to the na-
tion at large. But X is not the repre-
sentative of particular individuals in that
county; on the contrary, if, during the
time appointed for his holding the of-
fice, every individual were twenty times
changed, their successors would be equal-
ly represented by X, and he would still
be the representative of the same county,
In like manner, the representatives of
this University are not the representatives
of the Senate only, but of the whole Uni-
versity collectively considered-of those
126
who have voted for, of those who have
voted against them, of those who have
not exercised the privilege of voting, and
of those who do not possess it.
Indeed, if it were otherwise, I would
fain know in what manner a perfect re-
presentation could be effected. The per-
fection would consist in the unanimity of
the electors ; now, provided two or more
candidates proposed themselves for one
interest, the electors would probably be
divided in their opinions, and conse-
quently a part only, a third perhaps, or.
still less, would be represented by the
successful candidate. For, if it be true
that those, who cannot vote, are not re-
presented by the member, surely it must
be true that those, who vote against him,
are excluded.
Again, provided the representation
could in this manner be made perfect,
how long would it continue so ? Scarce-
ly one day. For in that time several
i
127
electors would die, and others would ac-
quire qualifications sufficient to entitle
them to vote.
In; whatever.: manner, therefore, this
matter is regarded, it teems with im-
possibilities ;land seems calculated mere-
ly to disturb the happiness of Society,
by sowing in the breasts of the mem-
bers: the seeds of jealousy, and discon-
tent.
It is plain then, that the permanent in-
terests of a nation, which necessarily in-
clude the individuals concerned in them,
and not the individuals themselves, are
the objects of representation ;, and there-
fore that, so far as relates to representa-
tion, the state of the individuals. is in
nowise affected by the privilege of vot-
ing.
. But will not, it may be asked, an equal representa-
tion, formed in some relation to the number of indivi-
duals, contain, with greater certainty, the sense of a nation,
than one which is constituted upon the principles ad-
128
From this mode of organization, a sort
of consciousness, or sense of feeling, will
be generated, and pervade the whole na-
tion. Each part, through the medium of
its deputies, will become acquainted with
the general state of the whole Society ;
and the whole, through the same me-
dium, will have an intimate knowledge
of the particular state of all its parts.
The consequence will be, that the wishes
of every part will be attended to, and
their wants supplied, so far as may be
consistent with the perfect safety, and
wellbeing, of the nation at large. Hence
will result the preservation of the Social
Compact, and the fullest enjoyment of
political liberty.
Thus then the first property, or cha-
vanced above ? If by the sense of a nation, be understood
that general opinion, which tends to the adoption of
measures, which will ultimately secure the objects of as-
sociation, I answer, No and the reasons for this opinion
are fully laid down in Sketch VIII.
129
racteristic,* denoting a perfect govern-
ment will be obtained, and will doubtless
continue.so long as the internal organi-
zation remains undisturbed. But as this
continuance will depend upon its own
energy to resist any change, with which
it may be threatened, I shall next inquire
whether, in point of fact, it possesses a
sufficiency of this property, to preserve
itself entire.
. See Sketch X.
K
--
1
130
SKETCH XII.
OF THE INCOMPETENCY OF SIMPLE DELE-
GATION, TO SECURE THE PERMANENT
ENJOYMENT OF RIGHTS.
The individuals deputed cannot, for
obvious reasons, be perpetual; neither
would it be just, or politic, that they
should be so. At certain periods, there-
fore, longer or shorter according to cir-
cumstances, and as the judgment of the
Society shall have determined, a new de-
putation must be appointed; into which,
many members, who had no seat in the
former, will probably be elected. The
Nation, then, under these circumstances,
will resemble France at the meeting of
the second National Assembly.
With new men come new opinions,
131
.
>>
new biasses, and new prejudices. Poli-
tics being a science, which, in few in-
stances, admits of demonstration, few
measures : meet with universal appro-
bation. Fancied improvements suggest
themselves to the minds of some men:
and the vanity of being thought projec-
tors of a specious scheme, operates power-
fully upon those of others; and “ novel-
“ ty is always in request."
The stability of the laws rests solely on
the opinion of the majority of the exist-
ing deputation. Their will is the law,
and against that law there is no appeal.
They may alter, or repeal, every act of
their predecessors. They have full power
not only over the actions and proceed-
ings of the nation at large, but likewise,
over - their own system of organization.
One single majority, however obtained,
may. pave the way for the total over-
throw of the Constitution. Could this be
deemed a state of security? The estab-
K 2
132
lished system would stand on the brink
of ruin. Ambition would be invited to
press forwards ; innovation would find an
easy entrance, and there is no barrier
opposed to its progress.
Who is there in this country, that
would longer consider himself as safe, if
the acts of one branch only of the legis-
lature, the House of Commons, for in-
stànce, were valid ? The people, under
such circumstances, would soon become
jealous of the power of their representa-
tives, and sensible of their own perilous
situation, they would continually watch
over the proceedings, and interfere with
the legislation. The Nation would be in
a state of unceasing anxiety; and, like
an army without centinels, every man
would be fearful of retiring to'rest, lest
the enemy, at hand, should surprise him
in his bed. Alarm would usurp the place
of tranquillity. Party and cabal would be
every where excited, and civil discord
133
would be the unavoidable consequence :
-dreadful thought !
Through what variety of untried being !
Through what new scenes and changes might we pass !*
Some objections, however, may be urg-
ed against this reasoning; it may be
said, in the first place, that a deputa-
tion, appointed with sụfficient care, and
necessarily having the welfare of the
• Since it appears probable, from the above reasoning,
that no constitution, acknowledging only one house of de-
legates, though constituted with the greatest care and at-
tention to its safety and continuance, can be permanent,
consistently with the maintenance of the rights of the
ņațion at large; what then must be the fate of those sys-
tems, which, without any such attention, are built upon
the principles of modern Republicanism? From the full-
est consideration of those principles, we should conclude
that a government, so constituted, must be in a continual
state of fluctuation, until it arrive at a point of absolute
despotism, when the dearest interests of the people would
be sacrificed to the daring ambition of a few individuals.
France is the only country where such a system has
been attempted to be realized; and a moment's attention
to her past and present situation will give ample, though
melancholy, confirmation of the truth of what we have
advanced.
134
1
nation at heart, will of itself be compe-
tent to resist any deviation, which shall
threaten to produce the evils enumerated.
It may serve, indeed, to retard the change,
but it will not be sufficient to hold out
against artifice and intrigue ; for so long
as there is no direct line chalked out, be-
yond which it will be obviously danger-
ous to pass ; while there is no body of
men appointed, whose immediate interest
it shall be to preserve that line; ambi-
tion will always see the possibility of
gratification, and will leave no means
untried to effect its purposes. The first
step once gained, it will be too late to re-
cede :
facilis descensus Averni,
Sed revocare gradum, superasque evadere ad auras,
Hoc
opus,
hic labor est.
Secondly, it may be said, that the
members of a Society are not bound to
maintain any régulation, longer than the
purposes of it continue to be obtained ;
$
135
and therefore, that they are at liberty to
make any deviation from the laws of
their predecessors, which circumstances,
and their own experience, suggest as ad-
vantageous. This, with certain limita-
tion's, may be true. But why not adopt
such measures as may tend to retard the
progress of deviation, so that the whole
nation may be apprized of considerable
changes, and be called upon, in the most
effectual manner, to concur in, or oppose,
the measures ? thereby rescuing itself
from being sacrificed to the restless -am-
bition of a few individuals, and surprised
into measures, the consequences of which
had not been sufficiently weighed. The
legislative function does not require that
dispatch, which is necessary in the exe-
cutive ;: little mischief, therefore, can
arise from short delays, and should in-
conveniences be sometimes perceived,
they will be fully compensated by the
blessings of security.
1
136
1
SKETCH XIII.
OF THE REMEDIES FOR THE INCOMPE-
TENCY OF SIMPLE DELEGATION.
Two methods may be devised, to check
and counteract this tendency to change,
and give permanency to a system of go-
vernment. The first is, by separating the
deputation into two or more parts, or
houses, with relation to the quantities
of property possessed by the members ;
and requiring the separate concurrence
of each house, in order to constitute a
law.
This method, which is adopted in the
American States, may be rather said to
retard, than counteract, a change. For
though it serves, by the delay which it
occasions, to apprize the nation of the
intentions of its delegates, and, at the
137
same time, affords additional weight to
property, yet it does not keep the people
awake to the danger of proposed altera-
tions; it gives no energy to the general
system to preserve itself; it places no
interest in any part to maintain the
whole unaltered. They, who propose,
are, in fact, the judges of their own
measures ; for the whole of the deputa-
tion being appointed by the people, each
part of it is, in course, subjected to one
influence, and is liable therefore to be
undermined by the operation of similar
causes.
The second method, which is some-
what more complicated, consists in the
appointment of a second house, selected
from the principal possessors of property
in the nation, whose opinion is requisite,
as in the former case, to sanction and ra-
tify the resolutions of the deputies, and
ultimately to constitute a law; with this
further addition, that the privileges, at-
138
<
tached to this appointment, are granted
in perpetuity, and are allowed to devolve
in hereditary succession. By this salu-
tary provision, the inefficiency of the first
mentioned method is entirely done away,
and a sort of perpetual guardianship is
established. The individuals, who hold
these privileges, from the great stake of
property which they possess, are equal-
ly interested, with the rest of the nation,
in the general preservation of the Social
Compact; and from the peculiar advan-
tages which they are allowed to enjoy,
they are particularly interested, in pre-
serving the means, by which that Com-
pact is to be maintained.
This establishment constitutes what is
termed the Aristocratical part of a go-
vernment; which, notwithstanding the
obloquy heaped upon it by the fashion
of these times, will ever be found one of
the main supports of every rational mo-
dification of Society.
139
As the objections, however, which may
be raised against it, by the pride and jea-
lousy of man, are various, I shall enter
into a candid investigation of their real
merits; in order to ascertain the degree of
attention, which is due to them, when
placed in opposition to the general uti-
lity of such an establishment.
In matters of this nature unanimity is
scarcely to be expected. The bulk of
mankind are averse from the necessary
trouble of making themselves sufficiently
masters of these subjects, to be competent
judges on the occasion. They are too apt
to take narrow views of all points rela-
tive to government; looking at parts only,
without, at the same time, attending to
their connexion with the whole. The
mind, indeed, which is altogether unac-
customed to speculation, and the consider-
ation of thephenomena, which result from
similar objects, when placed in dissimilar
situations, is slow in perceiving a con-
140
nected chain of causes and effects. What-
ever men of such minds have uniformly
observed to take place, they consider ra-
ther as the consequence of the arrange-
ments of nature, than as the artificial
effect of certain modifications of Society;
and though they are hourly partaking of
the advantages of such a system, are
either incapable of seeing, or unwilling
to acknowledge, the sources from whence
they flow, and the means by which they
are upheld. No wonder then that pre-
judices are so readily imbibed against
particular establishments, and the ge-
neral utility of them is so immediately
called in question, whenever they are
perceived to give rise to the smallest in-
convenience.
1
141
SKETCH XIV.
OF OBJECTIONS.
The arguments, which are pressed in
opposition to such an Aristocracy as is
proposed above, when divested of the ri-
dicule, which has been called to their
assistance, are reducible to three heads;
viz. the danger, the folly, and the injus-
tice, of such an establishment.
First, it is stated to be unsafe to the
cause of freedom, to trust a body of men
with such privileges as render them no
longer accountable for their future ac-
tions. But this argument is erroneously
stated; for the privileges, alluded to, have
no interference with the primary rights
of Society ; for the sole security of which
they are granted, and allowed. The in-
dividuals, therefore, who are permitted
142
to enjoy them, remain equally amenable
to the laws, and responsible to the na-
tion, in all the common concerns of life;
and, in their official capacities alone they
are not responsible. And therein the
great excellence of the institution rests,
as they are placed above the reach of all
influence, and remain the steady bul-
warks of the system which they are in-
tended to support.
Neither is there the smallest room for
the apprehension of danger from an es-
tablishment of this sort, when raised
upon the broad foundation of universal
freedom ; especially as the members of
it are the judges, rather than the con-
trivers, of new measures. On the con-
trary, it must appear evident, when the
weight of this body is balanced against
the people, that the great danger will lie
in the want, rather than the excess, of its
power; and that, at times, it will require
all the assistance, which the wellwishers
1
}
143
of the Constitution can pour in, to pre-
serve its influence, and maintain it in its
situation. For if the people once become
sensible of their own strength, they will
naturally grow impatient of opposition,
and, careless of the consequences, take
the earliest opportunity of throwing off
the restraint.
Secondly, it is argued as a measure re-
plete with folly, to confer privileges in
perpetuity, the exercise of which im-
plies, and requires, a degree of ability,
and information, superior to the ordinary
class of men ; seeing that the qualifica-
tions of parents by no means necessarily
descend to their children. This argu-
ment, so specious in appearance, becomes
futile in the extreme, when the conditions
of the grant are impartially investigated.
It would indeed be absurd, if the son
were compelled to take upon him the
same official situation, in which the abi-
144
lities of the father shone forth conspi-
cuously ; if he were expected to conduct
the fleets, or to command the armies of
the nation. But this is not so ; the
nation is looking for no such active ser-
více at his hands; she requires only the
faithful exercise of those functions, with
which she has entrusted him, of protect-
ing her Rights, and defending her Liber-
ties. And to whom, I would ask, shall
she look with greater confidence, whom
shall she find more deserving her esteem,
than those who have bled in her cause,
or exerted their various abilities to the
utmost in her favour? And though, from
the imperfections incident to humanity,
her expectations may, in some instances,
be thwarted, yet, unless it can be shown
that they must necessarily fail in gene-
ral, the purposes of the institution will
be fully obtained, a check will be given
to the daring spirit of individuals, and
145
peace and tranquillity will flourish in
the nation.
Thirdly, it is said to be unjust, and in
some sort oppressive, to confer privileges
upon one part of a Society, from the en-
joyment of which the remainder is ut-
terly debarred. ! But that establishment,
which is proved to be necessary for the
wellbeing of all, and the advantages of
which are, from its nature, participated
by a few only, cannot, according to the
rules of sound reasoning, be unjust to any.
And no man, strictly speaking, is op-
pressed, who is not either deprived of
something which he was legally enjoy-
ing, or to which he can make out a fair
and indisputable claim. But this being
incompatible with the nature of a privi-
lege,* the charge of injustice falls in-
stantly to the ground.
Having answered the main objections
which have been offered against Aristo-
# See Sketch V.
L
146
cracy, I might go on, and point out the
further advantages accruing from the
establishment of it ; the encouragement
which it holds out to learning, the pa-
tronage to science, and the spirit of emu-
lation, which it. diffuses through the
whole nation ; but, as I proposed only
to draw the mere outlines of a figure, I
shall leave the shading, and the embel-
lishments, to those who have more lei-
sure,
147
LE
SKETCH XV.
OF THE FINAL REMEDY FOR ANY
FURTHER INCOMPETENCY.
Thus far the political machine is com-
plete. The liberty of the people is pro-
vided for in the general system of or-
ganization, and the permanence of that
system is secured by a body of men, or-
ganized and appointed expressly for the
purpose. But this body, from the nature
of its institution, being liable to a gradual
decay, will, unless some means be adopt-
ed to repair the occasional defects in it,
sooner or later become extinct; and the
machine, being thereby deprived of a
part essential to its existence, must con-
sequently perish.
To suffer an Aristocracy to regenerate
L2
148
itself, would, on all accounts, be objec-
tionable ; and to entrust that function
in the hands of the people's deputies,
would weaken, if not entirely destroy,
the purposes, for which the establishment
is required. *
Hence it is evident, that the work is
yet unfinished, and that some further
addition is required to its mechanism, in
order to complete those properties, which
are requisite to constitute a perfect po-
litical machine.
Besides, independent on this main de-
fect, with regard to permanency, its powers
of self preservation would, on other ac-
counts, be feeble; and its actions, as a
whole, be extremely imperfect. For
-though the several parts are so con-
structed that, for a time, they might be
able to preserve themselves entire, yet,
having no rallying point, no common
centre of union, they would be liable to
1
# See Sketch XIII.
149
be interrupted and displaced by various
accidents. Like an army in the absence
of the general, in which, though each
regiment might be complete within it-
self, yet the whole, as such, would be
imperfect, and unable to discharge its
functions with vigour and effect. Re-
garding the Constitution as an animal,
its actions, in this state, would be sluggish
and indetermined : upon all occasions,
which call for exertion, it would require
time to collect its dissevered powers, and
would then with difficulty direct them
to one purpose. It would have, in short,
if I may be allowed to carry on the me-
taphor, no mind; which, from peculiar
connexion, combining in one the interest
of every part, could regulate and direct
the movement of the whole.. ,
These deficiencies can only be effectu-
ally supplied by the appointment of an
individual, vested with such extraordinary
powers and privileges, as the importance
150
.
of the situation requires ; whose pros-
perity and happiness being inseparably.
connected with those of the whole So-
ciety, whose sole interest being placed
in the preservation of each part, he may
superintend and watch over the safety of
the whole ;-may sanction, or reject, the
proceedings of the other constituted parts,
and, uniting in himself their several at-
tributes, be at once the organ, and repre-
sentative, of the nation at large.
In the United States of America, a pre-
sident is appointed at stated periods,
vested with sufficient powers to direct
the government of that country; and it
may be thought perhaps by some persons,
that a similar appointment from the Aris-
tocratical part of such a Constitution, as
we have been describing, would amply
supply the deficiencies enumerated. But
the insufficiency of such an appointment
is so apparent, and the inconveniencies,
which would attend it, are so many, that
151
it is scarcely necessary to enlarge upon
the subject. *
The arguments, which were urged in
a former Sketch in favour of an heredi-
tary Aristocracy, are applicable, with in-
creased weight, to the supreme function:
not only on account of the greater re-
sponsibility, and necessary confidence,
which are attached to it, and the secrecy
which it requires ; but also, on account
of the consistence and uniformity,—that
political identity, which should always
characterize the councils of a nation ;
and, at the same time, the advantages,
which accrue from avoiding the anxiety
and probable commotion, which would
attend frequent elections to an office of
such magnitude,
: . These inconveniences have not as yet been perceived
in America, owing perhaps, in a great measure, to the pe-
culiar circumstances which attend the present venerable
President; but as the influence of these circumstances
must terminate with his life, the evils of that Government
will then probably manifest themselves.
1
1
152
If, however, the possible incapacity
of an individual, either from age or in-
firmity, bé urged against the policy of
the measure, I am: ready to admit the
full force of the objection, nay further, to
allow that the answers to similar objec-
tions, stated against the hereditary suc-
cession of an Aristocracy, are not alto-
gether applicable in this place; but what
then? Does it follow that the office
should not be hereditary?. By no means:
It is only a reason why it will be pru-
dent to adopt such' nieasures, as“ may
obviate'any inconvenience, should the
accident occur ; but; an accident of this
sort being possible only, whilst the ad-
vantages of hereditary succession are
permanent and undeniablé, no change,
on that account, should certainly take
place in the nature of the appointment
itself; since that policy would be surely
unsound, which, to avoid a possible incon-
venience, would submit to a certain evil.
153
A Society will thus be divided into
two parts ; "thé active or governing, and
the passive or governed. - These parts,
however, which are distinct only in their
functions, are mutually the supporters
and preservers of one another-thepas-
sive feeding, as it were, and supplying
the occasional defécts in the active part,
and the active influencing and maintain-
ing the harmony and arrangement, ne-
cessary to that end and to the prosperity
of the Society at large. Each part, there-
fore, by duly discharging its functions,
and thereby contributing to the support
of the other, is ultimately advantaging
itself; the prosperity of each being reci-
procally derived from the wellbeing of
the other.
Let no man, therefore, be offended at
the distinction, governing and governed;
since it is not to be understood, that the
individuals of one division are the slaves
of those of the other, subject to their
154
caprices, and born only to obey their
commands : no--such is the case only in
those Societies, where the original pur-
poses of government have been perverted,
and a proper balance between the parts
is not maintained : but, in a perfect po-
litical machine, where the governing is
constituted by, and solely for the benefit
of, the governed, and where the governed
is constantly passing into, and becoming
a part of, the governing, the distinction
serves only to point out the functions of
each; and each, being equally necessary
to the happiness of the other, is equally
interested in its preservation.
It is clear, from this connexion subsist-
ing between the two parts; that a certain
equilibrium must be preserved between
them; so that the influence of one may
be always proportioned to the power of -
the other. This proportion, however,
being once ascertained and adjusted, it
will seldom require much alteration;
155
and the passive part may suffer consider-
able variation in the number of its mem-
bers, without sensibly affecting the move-
ment of the machine.
This, however, cannot be the case with
the active or governing part; for its func-
tions being distributed amongst three
organs, duly poized, no change can take
place in one, unless indeed a proportion-
ate change take place in the others,
without considerably endangering the
life of the Constitution.
Each of these organs being equally
necessary to the wellbeing of a Consti-
tution, the consequence, or importance,
of each will be nearly equal: the impor-
tance of individuals, belonging to any
organ, will therefore be inversely as the
number of which that organ is composed;
hence the importance of the Monarch, or
individual, who represents the nation at
large, and the respect which is due to
him, will be nearly as the sum of that of
156
the individuals, composing either of the
other organs.
Should any one, alarmed at these ex-
traordinary prerogatives, and conceiving
them, which, at first sight, they appear
to be, not consonant with justice, nor
consistent with true freedom, demand,
What right has one man to the enjoy-
ment of privileges, from the attainment
of which the remainder of the society
is precluded ? I reply, so much as the
Society at large can, and may, confer
without subjecting individuals to injury.
What injury, let me ask, is committed by
the institution of the privileges in ques-
tion? Is a single member of the Society
deprived by them of any thing which is
due to him? If not, and if, on the con-
trary, it be evident that these very pri-
vileges are the means of securing to all,
the advantages which they possess, of
what shall any man complain?
Shall the stomach complain of injus-
i
157
/
tice, because it has not the same proper-
ties as the brain, or other organs of an
animal? Suppose it converted into brain,
where would it find the means of support
and nourishment? If it have additional
functions to perform in consequence of
the existence of those organs, does it not
partake also of the additional advantages
which arise out of them. Are then those
organs useless ? Various animals are in-
deed wholly destitute of brain, &c. but
what are the advantages, which they pos-
sess, when compared with the superior
attributes of more complex animals ? So
there are Societies, which have not those
complicated establishments, which we
have stated as necessary to a perfect po-
litical machine: but what are the pecu-
liar advantages of sucha Society, that any
man would wish to be a member of it?
It may exist, and barely so; but where
are the distinguishing marks of a perfect
constitution ? where is the liberty, the
158
security, and the happiness of its mem-
bers ? where is the power, the justice, and
the mercy, which should characterize its
actions as a whole ?
Thus then, from the properarrangement
of the combinations, already described,
will result a political machine, which,
performing its actions, as it were, in a
circle, and suffering no absolute waste of
power in any part, what is employed in
producing one, being amply repaid by its
influence over others, will be perpetual ;
and possessing, at the same time, the re-
quisite properties * in their fullest extent,
may be deemed, in theory, perfect.
Should any one be anxious to contem-
plate these principles in action, he will
find them tried and approved by the in-
habitants of Great Britain; whose Con-
stitution--that model of perfection, has
long been the pride of Englishmen, the
glory of modern times, the envy and
. See Sketch X.
159
visionari
admiration of the whole world. In which,
through the happy inequality in the dis-
tribution of Privileges, is maintained the
most perfect equality in the enjoyment of
Rights. May it ever endure unshaken,
unchanged ! may it repel the daring
efforts of innovation, and survive the
threaten the destruction of all social or-
der! And may it ever continue, by pro-
tecting the liberties of mankind, to dif-
fuse that universal happiness, which is
unknown to any other nation on the
globe.
THE END,
܀ ܀
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1
UNIVERSITY OF MICHIGAN
MWALIM ATALANTATIONALE
3 9015 07344 0201
has
نسمة من
.ܚܙ:ܙ .ܫܪܚܫܝܙ
*