But to return from this short digression,--which, however, is not wholly

foreign to the question of the effect of the will of the majority upon

the form or the existence of their society. I cannot too often recommend

it to the serious consideration of all men who think civil society to be

within the province of moral jurisdiction, that, if we owe to it any

duty, it is not subject to our will. Duties are not voluntary. Duty and

will are even contradictory terms. Now, though civil society might be at

first a voluntary act, (which in many cases it undoubtedly was,) its

continuance is under a permanent standing covenant, coexisting with the

society; and it attaches upon every individual of that society, without

any formal act of his own. This is warranted by the general practice,

arising out of the general sense of mankind. Men without their choice

derive benefits from that association; without their choice they are

subjected to duties in consequence of these benefits; and without their

choice they enter into a virtual obligation as binding as any that is

actual. Look through the whole of life and the whole system of duties.

Much the strongest moral obligations are such as were never the results

of our option. I allow, that, if no Supreme Ruler exists, wise to form,

and potent to enforce, the moral law, there is no sanction to any

contract, virtual or even actual, against the will of prevalent power.

On that hypothesis, let any set of men be strong enough to set their

duties at defiance, and they cease to be duties any longer. We have but

this one appeal against irresistible power,--

Si genus humanum et mortalia temnitis arma,

At sperate Deos memores fandi atque nefandi.

Taking it for granted that I do not write to the disciples of the

Parisian philosophy, I may assume that the awful Author of our being is

the Author of our place in the order of existence,--and that, having

disposed and marshalled us by a divine tactic, not according to our

will, but according to His, He has in and by that disposition virtually

subjected us to act the part which belongs to the place assigned us. We

have obligations to mankind at large, which are not in consequence of

any special voluntary pact. They arise from the relation of man to man,

and the relation of man to God, which relations are not matters of

choice. On the contrary, the force of all the pacts which we enter into

with any particular person or number of persons amongst mankind depends

upon those prior obligations. In some cases the subordinate relations

are voluntary, in others they are necessary,--but the duties are all

compulsive. When we marry, the choice is voluntary, but the duties are

not matter of choice: they are dictated by the nature of the situation.

Dark and inscrutable are the ways by which we come into the world. The

instincts which give rise to this mysterious process of Nature are not

of our making. But out of physical causes, unknown to us, perhaps

unknowable, arise moral duties, which, as we are able perfectly to

comprehend, we are bound indispensably to perform. Parents may not be

consenting to their moral relation; but, consenting or not, they are

bound to a long train of burdensome duties towards those with whom they

have never made a convention of any sort. Children are not consenting to

their relation; but their relation, without their actual consent, binds

them to its duties,--or rather it implies their consent, because the

presumed consent of every rational creature is in unison with the

predisposed order of things. Men come in that manner into a community

with the social state of their parents, endowed with all the benefits,

loaded with all the duties of their situation. If the social ties and

ligaments, spun out of those physical relations which are the elements

of the commonwealth, in most cases begin, and always continue,

independently of our will, so, without any stipulation on our own part,

are we bound by that relation called our country, which comprehends (as

it has been well said) "all the charities of all."[21] Nor are we left

without powerful instincts to make this duty as dear and grateful to us

as it is awful and coercive. Our country is not a thing of mere physical

locality. It consists, in a great measure, in the ancient order into

which we are born. We may have the same geographical situation, but

another country; as we may have the same country in another soil. The

place that determines our duty to our country is a social, civil

relation.

These are the opinions of the author whose cause I defend. I lay them

down, not to enforce them upon others by disputation, but as an account

of his proceedings. On them he acts; and from them he is convinced that

neither he, nor any man, or number of men, have a right (except what

necessity, which is out of and above all rule, rather imposes than

bestows) to free themselves from that primary engagement into which

every man born into a community as much contracts by his being born into

it as he contracts an obligation to certain parents by his having been

derived from their bodies. The place of every man determines his duty.

If you ask, _Quem te Deus esse jussit_? you will be answered when you

resolve this other question, _Humana qua parte locatus es in re_?[22]

I admit, indeed, that in morals, as in all things else, difficulties

will sometimes occur. Duties will sometimes cross one another. Then

questions will arise, which of them is to be placed in subordination?

which of them may be entirely superseded? These doubts give rise to that

part of moral science called _casuistry_, which though necessary to be

well studied by those who would become expert in that learning, who aim

at becoming what I think Cicero somewhere calls _artifices officiorum_,

it requires a very solid and discriminating judgment, great modesty and

caution, and much sobriety of mind in the handling; else there is a

danger that it may totally subvert those offices which it is its object

only to methodize and reconcile. Duties, at their extreme bounds, are

drawn very fine, so as to become almost evanescent. In that state some

shade of doubt will always rest on these questions, when they are

pursued with great subtilty. But the very habit of stating these extreme

cases is not very laudable or safe; because, in general, it is not right

to turn our duties into doubts. They are imposed to govern our conduct,

not to exercise our ingenuity; and therefore our opinions about them

ought not to be in a state of fluctuation, but steady, sure, and

resolved.

Amongst these nice, and therefore dangerous points of casuistry, may be

reckoned the question so much agitated in the present hour,--Whether,

after the people have discharged themselves of their original power by

an habitual delegation, no occasion can possibly occur which may

justify the resumption of it? This question, in this latitude, is very

hard to affirm or deny: but I am satisfied that no occasion can justify

such a resumption, which would not equally authorize a dispensation with

any other moral duty, perhaps with all of them together. However, if in

general it be not easy to determine concerning the lawfulness of such

devious proceedings, which must be ever on the edge of crimes, it is far

from difficult to foresee the perilous consequences of the resuscitation

of such a power in the people. The practical consequences of any

political tenet go a great way in deciding upon its value. Political

problems do not primarily concern truth or falsehood. They relate to

good or evil. What in the result is likely to produce evil is

politically false; that which is productive of good, politically true.

Believing it, therefore, a question at least arduous in the theory, and

in the practice very critical, it would become us to ascertain as well

as we can what form it is that our incantations are about to call up

from darkness and the sleep of ages. When the supreme authority of the

people is in question, before we attempt to extend or to confine it, we

ought to fix in our minds, with some degree of distinctness, an idea of

what it is we mean, when we say, the PEOPLE.

In a state of _rude_ Nature there is no such thing as a people. A number

of men in themselves have no collective capacity. The idea of a people

is the idea of a corporation. It is wholly artificial, and made, like

all other legal fictions, by common agreement. What the particular

nature of that agreement was is collected from the form into which the

particular society has been cast. Any other is not _their_ covenant.

When men, therefore, break up the original compact or agreement which

gives its corporate form and capacity to a state, they are no longer a

people,--they have no longer a corporate existence,--they have no longer

a legal coactive force to bind within, nor a claim to be recognized

abroad. They are a number of vague, loose individuals, and nothing more.

With them all is to begin again. Alas! they little know how many a weary

step is to be taken before they can form themselves into a mass which

has a true politic personality.

We hear much, from men who have not acquired their hardiness of

assertion from the profundity of their thinking, about the omnipotence

of a _majority_, in such a dissolution of an ancient society as hath

taken place in France. But amongst men so disbanded there can be no such

thing as majority or minority, or power in any one person to bind

another. The power of acting by a majority, which the gentlemen

theorists seem to assume so readily, after they have violated the

contract out of which it has arisen, (if at all it existed,) must be

grounded on two assumptions: first, that of an incorporation produced by

unanimity; and secondly, an unanimous agreement that the act of a mere

majority (say of one) shall pass with them and with others as the act of

the whole.

We are so little affected by things which are habitual, that we consider

this idea of the decision of a _majority_ as if it were a law of our

original nature. But such constructive whole, residing in a part only,

is one of the most violent fictions of positive law that ever has been

or can be made on the principles of artificial incorporation. Out of

civil society Nature knows nothing of it; nor are men, even when

arranged according to civil order, otherwise than by very long training,

brought at all to submit to it. The mind is brought far more easily to

acquiesce in the proceedings of one man, or a few, who act under a

general procuration for the state, than in the vote of a victorious

majority in councils in which every man has his share in the

deliberation. For there the beaten party are exasperated and soured by

the previous contention, and mortified by the conclusive defeat. This

mode of decision, where wills may be so nearly equal, where, according

to circumstances, the smaller number may be the stronger force, and

where apparent reason may be all upon one side, and on the other little

else than impetuous appetite,--all this must be the result of a very

particular and special convention, confirmed afterwards by long habits

of obedience, by a sort of discipline in society, and by a strong hand,

vested with stationary, permanent power to enforce this sort of

constructive general will. What organ it is that shall declare the

corporate mind is so much a matter of positive arrangement, that several

states, for the validity of several of their acts, have required a

proportion of voices much greater than that of a mere majority. These

proportions are so entirely governed by convention that in some cases

the minority decides. The laws in many countries to _condemn_ require

more than a mere majority; less than an equal number to _acquit_. In our

judicial trials we require unanimity either to condemn or to absolve. In

some incorporations one man speaks for the whole; in others, a few.

Until the other day, in the Constitution of Poland unanimity was

required to give validity to any act of their great national council or

diet. This approaches much more nearly to rude Nature than the

institutions of any other country. Such, indeed, every commonwealth must

be, without a positive law to recognize in a certain number the will of

the entire body.

If men dissolve their ancient incorporation in order to regenerate their

community, in that state of things each man has a right, if he pleases,

to remain an individual. Any number of individuals, who can agree upon

it, have an undoubted right to form themselves into a state apart and

wholly independent. If any of these is forced into the fellowship of

another, this is conquest and not compact. On every principle which

supposes society to be in virtue of a free covenant, this compulsive

incorporation must be null and void.

As a people can have no right to a corporate capacity without universal

consent, so neither have they a right to hold exclusively any lands in

the name and title of a corporation. On the scheme of the present rulers

in our neighboring country, regenerated as they are, they have no more

right to the territory called France than I have. I have a right to

pitch my tent in any unoccupied place I can find for it; and I may apply

to my own maintenance any part of their unoccupied soil. I may purchase

the house or vineyard of any individual proprietor who refuses his

consent (and most proprietors have, as far as they dared, refused it) to

the new incorporation. I stand in his independent place. Who are these

insolent men, calling themselves the French nation, that would

monopolize this fair domain of Nature? Is it because they speak a

certain jargon? Is it their mode of chattering, to me unintelligible,

that forms their title to my land? Who are they who claim by

prescription and descent from certain gangs of banditti called Franks,

and Burgundians, and Visigoths, of whom I may have never heard, and

ninety-nine out of an hundred of themselves certainly never have heard,

whilst at the very time they tell me that prescription and long

possession form no title to property? Who are they that presume to

assert that the land which I purchased of the individual, a natural

person, and not a fiction of state, belongs to them, who in the very

capacity in which they make their claim can exist only as an imaginary

being, and in virtue of the very prescription which they reject and

disown? This mode of arguing might be pushed into all the detail, so as

to leave no sort of doubt, that, on their principles, and on the sort of

footing on which they have thought proper to place themselves, the crowd

of men, on the other side of the Channel, who have the impudence to call

themselves a people, can never be the lawful, exclusive possessors of

the soil. By what they call reasoning without prejudice, they leave not

one stone upon another in the fabric of human society. They subvert all

the authority which they hold, as well as all that which they have

destroyed.

As in the abstract it is perfectly clear, that, out of a state of civil

society, majority and minority are relations which can have no

existence, and that, in civil society, its own specific conventions in

each corporation determine what it is that constitutes the people, so as

to make their act the signification of the general will,--to come to

particulars, it is equally clear that neither in France nor in England

has the original or any subsequent compact of the state, expressed or

implied, constituted _a majority of men, told by the head_, to be the

acting people of their several communities. And I see as little of

policy or utility as there is of right, in laying down a principle that

a majority of men told by the head are to be considered as the people,

and that as such their will is to be law. What policy can there be found

in arrangements made in defiance of every political principle? To enable

men to act with the weight and character of a people, and to answer the

ends for which they are incorporated into that capacity, we must suppose

them (by means immediate or consequential) to be in that state of

habitual social discipline in which the wiser, the more expert, and the

more opulent conduct, and by conducting enlighten and protect, the

weaker, the less knowing, and the less provided with the goods of

fortune. When the multitude are not under this discipline, they can

scarcely be said to be in civil society. Give once a certain

constitution of things which produces a variety of conditions and

circumstances in a state, and there is in Nature and reason a principle

which, for their own benefit, postpones, not the interest, but the

judgment, of those who are _numero plures_, to those who are _virtute et

honore majores_. Numbers in a state (supposing, which is not the case in

France, that a state does exist) are always of consideration,--but they

are not the whole consideration. It is in things more serious than a

play, that it may be truly said, _Satis est equitem mihi plaudere_.

A true natural aristocracy is not a separate interest in the state, or

separable from it. It is an essential integrant part of any large body

rightly constituted. It is formed out of a class of legitimate

presumptions, which, taken as generalities, must be admitted for actual

truths. To be bred in a place of estimation; to see nothing low and

sordid from one's infancy; to be taught to respect one's self; to be

habituated to the censorial inspection of the public eye; to look early

to public opinion; to stand upon such elevated ground as to be enabled

to take a large view of the wide-spread and infinitely diversified

combinations of men and affairs in a large society; to have leisure to

read, to reflect, to converse; to be enabled to draw the court and

attention of the wise and learned, wherever they are to be found; to be

habituated in armies to command and to obey; to be taught to despise

danger in the pursuit of honor and duty; to be formed to the greatest

degree of vigilance, foresight, and circumspection, in a state of things

in which no fault is committed with impunity and the slightest mistakes

draw on the most ruinous consequences; to be led to a guarded and

regulated conduct, from a sense that you are considered as an instructor

of your fellow-citizens in their highest concerns, and that you act as a

reconciler between God and man; to be employed as an administrator of

law and justice, and to be thereby amongst the first benefactors to

mankind; to be a professor of high science, or of liberal and ingenuous

art; to be amongst rich traders, who from their success are presumed to

have sharp and vigorous understandings, and to possess the virtues of

diligence, order, constancy, and regularity, and to have cultivated an

habitual regard to commutative justice: these are the circumstances of

men that form what I should call a _natural_ aristocracy, without which

there is no nation.

The state of civil society which necessarily generates this aristocracy

is a state of Nature,--and much more truly so than a savage and

incoherent mode of life. For man is by nature reasonable; and he is

never perfectly in his natural state, but when he is placed where reason

may be best cultivated and most predominates. Art is man's nature. We

are as much, at least, in a state of Nature in formed manhood as in

immature and helpless infancy. Men, qualified in the manner I have just

described, form in Nature, as she operates in the common modification of

society, the leading, guiding, and governing part. It is the soul to the

body, without which the man does not exist. To give, therefore, no more

importance, in the social order, to such descriptions of men than that

of so many units is a horrible usurpation.

When great multitudes act together, under that discipline of Nature, I

recognize the PEOPLE. I acknowledge something that perhaps equals, and

ought always to guide, the sovereignty of convention. In all things the

voice of this grand chorus of national harmony ought to have a mighty

and decisive influence. But when you disturb this harmony,--when you

break up this beautiful order, this array of truth and Nature, as well

as of habit and prejudice,--when you separate the common sort of men

from their proper chieftains, so as to form them into an adverse

army,--I no longer know that venerable object called the people in such

a disbanded race of deserters and vagabonds. For a while they may be

terrible, indeed,--but in such a manner as wild beasts are terrible. The

mind owes to them no sort of submission. They are, as they have always

been reputed, rebels. They may lawfully be fought with, and brought

under, whenever an advantage offers. Those who attempt by outrage and

violence to deprive men of any advantage which they hold under the

laws, and to destroy the natural order of life, proclaim war against

them.

We have read in history of that furious insurrection of the common

people in France called the _Jacquerie_: for this is not the first time

that the people have been enlightened into treason, murder, and rapine.

Its object was to extirpate the gentry. The Captal de Buch, a famous

soldier of those days, dishonored the name of a gentleman and of a man

by taking, for their cruelties, a cruel vengeance on these deluded

wretches: it was, however, his right and his duty to make war upon them,

and afterwards, in moderation, to bring them to punishment for their

rebellion; though in the sense of the French Revolution, and of some of

our clubs, they were the _people_,--and were truly so, if you will call

by that appellation _any majority of men told by the head_.

At a time not very remote from the same period (for these humors never

have affected one of the nations without some influence on the other)

happened several risings of the lower commons in England. These

insurgents were certainly the majority of the inhabitants of the

counties in which they resided; and Cade, Ket, and Straw, at the head of

their national guards, and fomented by certain traitors of high rank,

did no more than exert, according to the doctrines of ours and the

Parisian societies, the sovereign power inherent in the majority.

We call the time of those events a dark age. Indeed, we are too

indulgent to our own proficiency. The Abbé John Ball understood the

rights of man as well as the Abbé Grégoire. That reverend patriarch of

sedition, and prototype of our modern preachers, was of opinion, with

the National Assembly, that all the evils which have fallen upon men had

been caused by an ignorance of their "having been born and continued

equal as to their rights." Had the populace been able to repeat that

profound maxim, all would have gone perfectly well with them. No

tyranny, no vexation, no oppression, no care, no sorrow, could have

existed in the world. This would have cured them like a charm for the

tooth-ache. But the lowest wretches, in their most ignorant state, were

able at all times to talk such stuff; and yet at all times have they

suffered many evils and many oppressions, both before and since the

republication by the National Assembly of this spell of healing potency

and virtue. The enlightened Dr. Ball, when he wished to rekindle the

lights and fires of his audience on this point, chose for the test the

following couplet:--

When Adam delved and Eve span,

Who was then the gentleman?

Of this sapient maxim, however, I do not give him for the inventor. It

seems to have been handed down by tradition, and had certainly become

proverbial; but whether then composed or only applied, thus much must be

admitted, that in learning, sense, energy, and comprehensiveness, it is

fully equal to all the modern dissertations on the equality of mankind:

and it has one advantage over them,--that it is in rhyme.[23]

There is no doubt but that this great teacher of the rights of man

decorated his discourse on this valuable text with lemmas, theorems,

scholia, corollaries, and all the apparatus of science, which was

furnished in as great plenty and perfection out of the dogmatic and

polemic magazines, the old horse-armory of the Schoolmen, among whom the

Rev. Dr. Ball was bred, as they can be supplied from the new arsenal at

Hackney. It was, no doubt, disposed with all the adjutancy of

definition and division, in which (I speak it with submission) the old

marshals were as able as the modern martinets. Neither can we deny that

the philosophic auditory, when they had once obtained this knowledge,

could never return to their former ignorance, or after so instructive a

lecture be in the same state of mind as if they had never heard it.[24]

But these poor people, who were not to be envied for their knowledge,

but pitied for their delusion, were not reasoned, (that was impossible,)

but beaten, out of their lights. With their teacher they were delivered

over to the lawyers, who wrote in their blood the statutes of the land,

as harshly, and in the same sort of ink, as they and their teachers had

written the rights of man.

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