XXIV. DISSERTATION ON FIRST PRINCIPLES OF GOVERNMENT. (1)

1 Printed from the first edition, whose title is as above,

with the addition: "By Thomas Paine, Author of Common Sense;

Rights of Man; Age of Reason. Paris, Printed at the

English Press, me de Vaugerard, No. 970. Third year of the

French Republic." The pamphlet seems to have appeared early

in July (perhaps the Fourth), 1795, and was meant to

influence the decision of the National Convention on the

Constitution then under discussion. This Constitution,

adopted September 23d, presently swept away by Napoleon,

contained some features which appeared to Paine reactionary.

Those to which he most objected are quoted by him in his

speech in the Convention, which is bound up in the same

pamphlet, and follows this "Dissertation" in the present

volume. In the Constitution as adopted Paine's preference

for a plural Executive was established, and though the

bicameral organization (the Council of Five Hundred and the

Council of Ancients) was not such as he desired, his chief

objection was based on his principle of manhood suffrage.

But in regard to this see Paine's "Dissertations on

Government," written nine years before (vol. ii., ch. vi. of

this work), and especially p. 138 seq. of that volume, where

he indicates the method of restraining the despotism of

numbers.--_Editor._,

There is no subject more interesting to every man than the subject of

government. His security, be he rich or poor, and in a great measure

his prosperity, are connected therewith; it is therefore his interest

as well as his duty to make himself acquainted with its principles, and

what the practice ought to be.

Every art and science, however imperfectly known at first, has been

studied, improved, and brought to what we call perfection by the

progressive labours of succeeding generations; but the science of

government has stood still. No improvement has been made in the

principle and scarcely any in the practice till the American revolution

began. In all the countries of Europe (except in France) the same forms

and systems that were erected in the remote ages of ignorance still

continue, and their antiquity is put in the place of principle; it is

forbidden to investigate their origin, or by what right they exist.

If it be asked how has this happened, the answer is easy: they are

established on a principle that is false, and they employ their power to

prevent detection.

Notwithstanding the mystery with which the science of government has

been enveloped, for the purpose of enslaving, plundering, and imposing

upon mankind, it is of all things the least mysterious and the most easy

to be understood. The meanest capacity cannot be at a loss, if it begins

its enquiries at the right point. Every art and science has some point,

or alphabet, at which the study of that art or science begins, and by

the assistance of which the progress is facilitated. The same method

ought to be observed with respect to the science of government.

Instead then of embarrassing the subject in the outset with the numerous

subdivisions under which different forms of government have been

classed, such as aristocracy, democracy, oligarchy, monarchy, &c.

the better method will be to begin with what may be called primary

divisions, or those under which all the several subdivisions will be

comprehended.

The primary divisions are but two:

First, government by election and representation.

Secondly, government by hereditary succession.

All the several forms and systems of government, however numerous

or diversified, class themselves under one or other of those primary

divisions; for either they are on the system of representation, or on

that of hereditary succession. As to that equivocal thing called mixed

government, such as the late government of Holland, and the present

government of England, it does not make an exception to the general

rule, because the parts separately considered are either representative

or hereditary.

Beginning then our enquiries at this point, we have first to examine

into the nature of those two primary divisions.

If they are equally right in principle, it is mere matter of opinion

which we prefer. If the one be demonstratively better than the other,

that difference directs our choice; but if one of them should be so

absolutely false as not to have a right to existence, the matter settles

itself at once; because a negative proved on one thing, where two only

are offered, and one must be accepted, amounts to an affirmative on the

other.

The revolutions that are now spreading themselves in the world have

their origin in this state of the case, and the present war is a

conflict between the representative system founded on the rights of the

people, and the hereditary system founded in usurpation. As to what are

called Monarchy, Royalty, and Aristocracy, they do not, either as things

or as terms, sufficiently describe the hereditary system; they are but

secondary things or signs of the hereditary system, and which fall of

themselves if that system has not a right to exist. Were there no

such terms as Monarchy, Royalty, and Aristocracy, or were other terms

substituted in their place, the hereditary system, if it continued,

would not be altered thereby. It would be the same system under any

other titulary name as it is now.

The character therefore of the revolutions of the present day

distinguishes itself most definitively by grounding itself on the system

of representative government, in opposition to the hereditary. No other

distinction reaches the whole of the principle.

Having thus opened the case generally, I proceed, in the first place, to

examine the hereditary system, because it has the priority in point of

time. The representative system is the invention of the modern world;

and, that no doubt may arise as to my own opinion, I declare it

before hand, which is, _that there is not a problem in Euclid more

mathematically true, than that hereditary government has not a right to

exist. When therefore we take from any man the exercise of hereditary

power, we take away that which he never had the right to possess, and

which no law or custom could, or ever can, give him a title to_.

The arguments that have hitherto been employed against the hereditary

system have been chiefly founded upon the absurdity of it, and its

incompetency to the purpose of good government. Nothing can present to

our judgment, or to our imagination, a figure of greater absurdity, than

that of seeing the government of a nation fall, as it frequently does,

into the hands of a lad necessarily destitute of experience, and often

little better than a fool. It is an insult to every man of years, of

character, and of talents, in a country. The moment we begin to reason

upon the hereditary system, it falls into derision; let but a single

idea begin, and a thousand will soon follow. Insignificance, imbecility,

childhood, dotage, want of moral character; in fine, every defect

serious or laughable unite to hold up the hereditary system as a figure

of ridicule. Leaving, however, the ridiculousness of the thing to the

reflections of the reader, I proceed to the more important part of the

question, namely, whether such a system has a right to exist.

To be satisfied of the right of a thing to exist, we must be satisfied

that it had a right to begin. If it had not a right to begin, it has not

a right to continue. By what right then did the hereditary system begin?

Let a man but ask himself this question, and he will find that he cannot

satisfy himself with an answer.

The right which any man or any family had to set itself up at first to

govern a nation, and to establish itself hereditarily, was no other than

the right which Robespierre had to do the same thing in France. If he

had none, they had none. If they had any, he had as much; for it is

impossible to discover superiority of right in any family, by virtue of

which hereditary government could begin. The Capets, the Guelphs,

the Robespierres, the Marats, are all on the same standing as to the

question of right. It belongs exclusively to none.

It is one step towards liberty, to perceive that hereditary government

could not begin as an exclusive right in any family. The next point

will be, whether, having once begun, it could grow into a right by the

influence of time.

This would be supposing an absurdity; for either it is putting time in

the place of principle, or making it superior to principle; whereas time

has no more connection with, or influence upon principle, than principle

has upon time. The wrong which began a thousand years ago, is as much a

wrong as if it began to-day; and the right which originates to-day, is

as much a right as if it had the sanction of a thousand years. Time with

respect to principles is an eternal now: it has no operation upon them:

it changes nothing of their nature and qualities. But what have we to

do with a thousand years? Our life-time is but a short portion of that

period, and if we find the wrong in existence as soon as we begin to

live, that is the point of time at which it begins to us; and our right

to resist it is the same as if it never existed before.

As hereditary government could not begin as a natural right in any

family, nor derive after its commencement any right from time, we have

only to examine whether there exist in a nation a right to set it up,

and establish it by what is called law, as has been done in England. I

answer NO; and that any law or any constitution made for that purpose is

an act of treason against the right of every minor in the nation, at the

time it is made, and against the rights of all succeeding generations.

I shall speak upon each of those cases. First, of the minor at the time

such law is made. Secondly, of the generations that are to follow.

A nation, in a collective sense, comprehends all the individuals of

whatever age, from just born to just dying. Of these, one part will be

minors, and the other aged. The average of life is not exactly the same

in every climate and country, but in general, the minority in years are

the majority in numbers; that is, the number of persons under twenty-one

years, is greater than the number of persons above that age. This

difference in number is not necessary to the establishment of the

principle I mean to lay down, but it serves to shew the justice of it

more strongly. The principle would be equally as good, if the majority

in years were also the majority in numbers.

The rights of minors are as sacred as the rights of the aged. The

difference is altogether in the different age of the two parties, and

nothing in the nature of the rights; the rights are the same rights;

and are to be preserved inviolate for the inheritance of the minors when

they shall come of age. During the minority of minors their rights are

under the sacred guardianship of the aged. The minor cannot surrender

them; the guardian cannot dispossess him; consequently, the aged part

of a nation, who are the law-makers for the time being, and who, in the

march of life are but a few years ahead of those who are yet minors, and

to whom they must shortly give place, have not and cannot have the right

to make a law to set up and establish hereditary government, or, to

speak more distinctly, _an hereditary succession of governors_; because

it is an attempt to deprive every minor in the nation, at the time such

a law is made, of his inheritance of rights when he shall come of age,

and to subjugate him to a system of government to which, during his

minority, he could neither consent nor object.

If a person who is a minor at the time such a law is proposed, had

happened to have been born a few years sooner, so as to be of the age of

twenty-one years at the time of proposing it, his right to have objected

against it, to have exposed the injustice and tyrannical principles of

it, and to have voted against it, will be admitted on all sides. If,

therefore, the law operates to prevent his exercising the same rights

after he comes of age as he would have had a right to exercise had he

been of age at the time, it is undeniably a law to take away and annul

the rights of every person in the nation who shall be a minor at the

time of making such a law, and consequently the right to make it cannot

exist.

I come now to speak of government by hereditary succession, as it

applies to succeeding generations; and to shew that in this case, as in

the case of minors, there does not exist in a nation a right to set it

up.

A nation, though continually existing, is continually in a state of

renewal and succession. It is never stationary.

Every day produces new births, carries minors forward to maturity, and

old persons from the stage. In this ever running flood of generations

there is no part superior in authority to another. Could we conceive an

idea of superiority in any, at what point of time, or in what century of

the world, are we to fix it? To what cause are we to ascribe it? By

what evidence are we to prove it? By what criterion are we to know it? A

single reflection will teach us that our ancestors, like ourselves, were

but tenants for life in the great freehold of rights. The fee-absolute

was not in them, it is not in us, it belongs to the whole family of

man, thro* all ages. If we think otherwise than this, we think either as

slaves or as tyrants. As slaves, if we think that any former generation

had a right to bind us; as tyrants, if we think that we have authority

to bind the generations that are to follow.

It may not be inapplicable to the subject, to endeavour to define what

is to be understood by a generation, in the sense the word is here used.

As a natural term its meaning is sufficiently clear. The father, the

son, the grandson, are so many distinct generations. But when we speak

of a generation as describing the persons in whom legal authority

resides, as distinct from another generation of the same description who

are to succeed them, it comprehends all those who are above the age of

twenty-one years, at the time that we count from; and a generation of

this kind will continue in authority between fourteen and twenty-one

years, that is, until the number of minors, who shall have arrived at

age, shall be greater than the number of persons remaining of the former

stock.

For example: if France, at this or any other moment, contains

twenty-four millions of souls, twelve millions will be males, and twelve

females. Of the twelve millions of males, six millions will be of the

age of twenty-one years, and six will be under, and the authority

to govern will reside in the first six. But every day will make some

alteration, and in twenty-one years every one of those minors who

survives will have arrived at age, and the greater part of the former

stock will be gone: the majority of persons then living, in whom the

legal authority resides, will be composed of those who, twenty-one years

before, had no legal existence. Those will be fathers and grandfathers

in their turn, and, in the next twenty-one years, (or less) another race

of minors, arrived at age, will succeed them, and so on.

As this is ever the case, and as every generation is equal in rights to

another, it consequently follows, that there cannot be a right in any

to establish government by hereditary succession, because it would be

supposing itself possessed of a right superior to the rest, namely,

that of commanding by its own authority how the world shall be hereafter

governed and who shall govern it. Every age and generation is, and must

be, (as a matter of right,) as free to act for itself in all cases, as

the age and generation that preceded it. The vanity and presumption of

governing beyond the grave is the most ridiculous and insolent of all

tyrannies. Man has no property in man, neither has one generation a

property in the generations that are to follow.

In the first part of the Rights of Man I have spoken of government by

hereditary succession; and I will here close the subject with an extract

from that work, which states it under the two following heads. (1)

1 The quotation, here omitted, will be found in vol. ii. of

this work, beginning with p. 364, and continuing, with a few

omissions, to the 15th line of p. 366. This "Dissertation"

was originally written for circulation in Holland, where

Paine's "Rights of Man" was not well known.--_Editor._

*****

The history of the English parliament furnishes an example of this kind;

and which merits to be recorded, as being the greatest instance of

legislative ignorance and want of principle that is to be found in any

country. The case is as follows:

The English parliament of 1688, imported a man and his wife from

Holland, _William and Mary_, and made them king and queen of England.

(2) Having done this, the said parliament made a law to convey the

government of the country to the heirs of William and Mary, in the

following words: "We, the lords spiritual and temporal, and commons, do,

in the name of the people of England, most humbly and faithfully submit

_ourselves, our heirs, and posterities_, to William and Mary, _their

heirs and posterities_, for ever." And in a subsequent law, as quoted by

Edmund Burke, the said parliament, in the name of the people of England

then living, _binds the said people, their heirs and posterities, to

William and Mary, their heirs and posterities, to the end of time_.

2 "The Bill of Rights (temp. William III.) shows that the

Lords and Commons met not in Parliament but in convention,

that they declared against James II., and in favour of

William III. The latter was accepted as sovereign, and, when

monarch. Acta of Parliament were passed confirming what had

been done."--Joseph Fisher in Notes and Queries (London),

May 2,1874. This does not affect Paine's argument, as a

Convention could have no more right to bind the future than

a Parliament.--_Editor._.

It is not sufficient that we laugh at the ignorance of such law-makers;

it is necessary that we reprobate their want of principle. The

constituent assembly of France, 1789, fell into the same vice as the

parliament of England had done, and assumed to establish an hereditary

succession in the family of the Capets, as an act of the constitution

of that year. That every nation, _for the time being_, has a right to

govern itself as it pleases, must always be admitted; but government by

hereditary succession is government for another race of people, and

not for itself; and as those on whom it is to operate are not yet in

existence, or are minors, so neither is the right in existence to set it

up for them, and to assume such a right is treason against the right of

posterity.

I here close the arguments on the first head, that of government by

hereditary succession; and proceed to the second, that of government

by election and representation; or, as it may be concisely expressed,

_representative government_, in contra-distinction to _hereditary

government_.

Reasoning by exclusion, if _hereditary government_ has not a right to

exist, and that it has not is proveable, _representative government_ is

admitted of course.

In contemplating government by election and representation, we amuse

not ourselves in enquiring when or how, or by what right, it began. Its

origin is ever in view. Man is himself the origin and the evidence

of the right. It appertains to him in right of his existence, and his

person is the title deed.(1)

The true and only true basis of representative government is equality of

Rights. Every man has a right to one vote, and no more, in the choice

of representatives. The rich have no more right to exclude the poor from

the right of voting, or of electing and being elected, than the poor

have to exclude the rich; and wherever it is attempted, or proposed, on

either side, it is a question of force and not of right. Who is he that

would exclude another? That other has a right to exclude him.

That which is now called aristocracy implies an inequality of rights;

but who are the persons that have a right to establish this inequality?

Will the rich exclude themselves? No. Will the poor exclude themselves?

No. By what right then can any be excluded? It would be a question, if

any man or class of men have a right to exclude themselves; but, be this

as it may, they cannot have the right to exclude another. The poor will

not delegate such a right to the rich, nor the rich to the poor, and to

assume it is not only to assume arbitrary power, but to assume a right

to commit robbery. Personal rights, of which the right of voting for

representatives is one, are a species of property of the most sacred

kind: and he that would employ his pecuniary property, or presume upon

the influence it gives him, to dispossess or rob another of his property

of rights, uses that pecuniary property as he would use fire-arms, and

merits to have it taken from him.

1 "The sacred rights of mankind are not to be rummaged for

among old parchments or musty records. They are written as

with a sunbeam in the whole volume of human nature by the

hand of Divinity itself, and can never be erased or obscured

by mortal power."--Alexander Hamilton, 1775. (Cf. Rights of

Man, Toi. ii., p. 304): "Portions of antiquity by proving

everything establish nothing. It is authority against

authority all the way, till we come to the divine origin of

the rights of man at the creation."--_Editor._.

Inequality of rights is created by a combination in one part of the

community to exclude another part from its rights. Whenever it be made

an article of a constitution, or a law, that the right of voting, or

of electing and being elected, shall appertain exclusively to persons

possessing a certain quantity of property, be it little or much, it is a

combination of the persons possessing that quantity to exclude those who

do not possess the same quantity. It is investing themselves with powers

as a self-created part of society, to the exclusion of the rest.

It is always to be taken for granted, that those who oppose an equality

of rights never mean the exclusion should take place on themselves; and

in this view of the case, pardoning the vanity of the thing, aristocracy

is a subject of laughter. This self-soothing vanity is encouraged by

another idea not less selfish, which is, that the opposers conceive they

are playing a safe game, in which there is a chance to gain and none

to lose; that at any rate the doctrine of equality includes _them_,

and that if they cannot get more rights than those whom they oppose and

would exclude, they shall not have less. This opinion has already been

fatal to thousands, who, not contented with _equal rights_, have sought

more till they lost all, and experienced in themselves the degrading

_inequality_ they endeavoured to fix upon others.

In any view of the case it is dangerous and impolitic, sometimes

ridiculous, and always unjust, to make property the criterion of the

right of voting. If the sum or value of the property upon which the

right is to take place be considerable, it will exclude a majority of

the people, and unite them in a common interest against the government

and against those who support it; and as the power is always with

the majority, they can overturn such a government and its supporters

whenever they please.

If, in order to avoid this danger, a small quantity of property be

fixed, as the criterion of the right, it exhibits liberty in disgrace,

by putting it in competition with accident and insignificance. When a

brood-mare shall fortunately produce a foal or a mule that, by being

worth the sum in question, shall convey to its owner the right of

voting, or by its death take it from him, in whom does the origin of

such a right exist? Is it in the man, or in the mule? When we consider

how many ways property may be acquired without merit, and lost without a

crime, we ought to spurn the idea of making it a criterion of rights.

But the offensive part of the case is, that this exclusion from the

right of voting implies a stigma on the moral char* acter of the persons

excluded; and this is what no part of the community has a right to

pronounce upon another part. No external circumstance can justify it:

wealth is no proof of moral character; nor poverty of the want of it.

On the contrary, wealth is often the presumptive evidence of dishonesty;

and poverty the negative evidence of innocence. If therefore property,

whether little or much, be made a criterion, the means by which that

property has been acquired ought to be made a criterion also.

The only ground upon which exclusion from the right of voting is

consistent with justice, would be to inflict it as a punishment for a

certain time upon those who should propose to take away that right from

others. The right of voting for representatives is the primary right by

which other rights are protected. To take away this right is to reduce

a man to slavery, for slavery consists in being subject to the will of

another, and he that has not a vote in the election of representatives

is in this case. The proposal therefore to disfranchise any class of men

is as criminal as the proposal to take away property. When we speak

of right, we ought always to unite with it the idea of duties: rights

become duties by reciprocity. The right which I enjoy becomes my duty

to guarantee it to another, and he to me; and those who violate the duty

justly incur a forfeiture of the right.

In a political view of the case, the strength and permanent security

of government is in proportion to the number of people interested in

supporting it. The true policy therefore is to interest the whole by

an equality of rights, for the danger arises from exclusions. It is

possible to exclude men from the right of voting, but it is impossible

to exclude them from the right of rebelling against that exclusion; and

when all other rights are taken away, the right of rebellion is made

perfect.

While men could be persuaded they had no rights, or that rights

appertained only to a certain class of men, or that government was a

thing existing in right of itself, it was not difficult to govern

them authoritatively. The ignorance in which they were held, and the

superstition in which they were instructed, furnished the means of doing

it. But when the ignorance is gone, and the superstition with it; when

they perceive the imposition that has been acted upon them; when they

reflect that the cultivator and the manufacturer are the primary

means of all the wealth that exists in the world, beyond what nature

spontaneously produces; when they begin to feel their consequence by

their usefulness, and their right as members of society, it is then no

longer possible to govern them as before. The fraud once detected

cannot be re-acted. To attempt it is to provoke derision, or invite

destruction.

That property will ever be unequal is certain. Industry, superiority

of talents, dexterity of management, extreme frugality, fortunate

opportunities, or the opposite, or the means of those things, will ever

produce that effect, without having recourse to the harsh, ill sounding

names of avarice and oppression; and besides this, there are some men

who, though they do not despise wealth, will not stoop to the drudgery

or the means of acquiring it, nor will be troubled with it beyond their

wants or their independence; whilst in others there is an avidity to

obtain it by every means not punishable; it makes the sole business of

their lives, and they follow it as a religion. All that is required

with respect to property is to obtain it honestly, and not employ it

criminally; but it is always criminally employed when it is made a

criterion for exclusive rights.

In institutions that are purely pecuniary, such as that of a bank or a

commercial company, the rights of the members composing that company are

wholly created by the property they invest therein; and no other rights

are represented in the government of that company, than what arise out

of that property; neither has that government cognizance of _any thing

but property_.

But the case is totally different with respect to the institution of

civil government, organized on the system of representation. Such a

government has cognizance of every thing, and of _every man_ as a member

of the national society, whether he has property or not; and, therefore,

the principle requires that _every man_, and _every kind of right_, be

represented, of which the right to acquire and to hold property is but

one, and that not of the most essential kind. The protection of a man's

person is more sacred than the protection of property; and besides

this, the faculty of performing any kind of work or services by which

he acquires a livelihood, or maintaining his family, is of the nature of

property. It is property to him; he has acquired it; and it is as much

the object of his protection as exterior property, possessed without

that faculty, can be the object of protection in another person.

I have always believed that the best security for property, be it much

or little, is to remove from every part of the community, as far as

can possibly be done, every cause of complaint, and every motive to

violence; and this can only be done by an equality of rights. When

rights are secure, property is secure in consequence. But when property

is made a pretence for unequal or exclusive rights, it weakens the right

to hold the property, and provokes indignation and tumult; for it is

unnatural to believe that property can be secure under the guarantee of

a society injured in its rights by the influence of that property.

Next to the injustice and ill-policy of making property a pretence

for exclusive rights, is the unaccountable absurdity of giving to mere

_sound_ the idea of property, and annexing to it certain rights; for

what else is a _title_ but sound? Nature is often giving to the world

some extraordinary men who arrive at fame by merit and universal

consent, such as Aristotle, Socrates, Plato, &c. They were truly great

or noble.

But when government sets up a manufactory of nobles, it is as absurd

as if she undertook to manufacture wise men. Her nobles are all

counterfeits.

This wax-work order has assumed the name of aristocracy; and the

disgrace of it would be lessened if it could be considered only as

childish imbecility. We pardon foppery because of its insignificance"

and on the same ground we might pardon the foppery of Titles. But the

origin of aristocracy was worse than foppery. It was robbery. The

first aristocrats in all countries were brigands. Those of later times,

sycophants.

It is very well known that in England, (and the same will be found

in other countries) the great landed estates now held in descent were

plundered from the quiet inhabitants at the conquest. The possibility

did not exist of acquiring such estates honestly. If it be asked how

they could have been acquired, no answer but that of robbery can

be given. That they were not acquired by trade, by commerce, by

manufactures, by agriculture, or by any reputable employment, is

certain. How then were they acquired? Blush, aristocracy, to hear your

origin, for your progenitors were Thieves. They were the Robespierres

and the Jacobins of that day. When they had committed the robbery, they

endeavoured to lose the disgrace of it by sinking their real names under

fictitious ones, which they called Titles. It is ever the practice of

Felons to act in this manner. They never pass by their real names.(1)

1 This and the preceding paragraph have been omitted from

some editions.--Editor.

As property, honestly obtained, is best secured by an equality of

Rights, so ill-gotten property depends for protection on a monopoly of

rights. He who has robbed another of his property, will next endeavour

to disarm him of his rights, to secure that property; for when the

robber becomes the legislator he believes himself secure. That part

of the government of England that is called the house of lords, was

originally composed of persons who had committed the robberies of which

I have been speaking. It was an association for the protection of the

property they had stolen.

But besides the criminality of the origin of aristocracy, it has an

injurious effect on the moral and physical character of man. Like

slavery it debilitates the human faculties; for as the mind bowed down

by slavery loses in silence its elastic powers, so, in the contrary

extreme, when it is buoyed up by folly, it becomes incapable of exerting

them, and dwindles into imbecility. It is impossible that a mind

employed upon ribbands and titles can ever be great. The childishness of

the objects consumes the man.

It is at all times necessary, and more particularly so during the

progress of a revolution, and until right ideas confirm themselves by

habit, that we frequently refresh our patriotism by reference to first

principles. It is by tracing things to their origin that we learn to

understand them: and it is by keeping that line and that origin always

in view that we never forget them.

An enquiry into the origin of Rights will demonstrate to us that

_rights_ are not _gifts_ from one man to another, nor from one class of

men to another; for who is he who could be the first giver, or by what

principle, or on what authority, could he possess the right of giving? A

declaration of rights is not a creation of them, nor a donation of them.

It is a manifest of the principle by which they exist, followed by a

detail of what the rights are; for every civil right has a natural

right for its foundation, and it includes the principle of a reciprocal

guarantee of those rights from man to man. As, therefore, it is

impossible to discover any origin of rights otherwise than in the origin

of man, it consequently follows, that rights appertain to man in right

of his existence only, and must therefore be equal to every man. The

principle of an _equality of rights_ is clear and simple. Every man can

understand it, and it is by understanding his rights that he learns his

duties; for where the rights of men are equal, every man must finally

see the necessity of protecting the rights of others as the most

effectual security for his own. But if, in the formation of a

constitution, we depart from the principle of equal rights, or attempt

any modification of it, we plunge into a labyrinth of difficulties from

which there is no way out but by retreating. Where are we to stop? Or

by what principle are we to find out the point to stop at, that shall

discriminate between men of the same country, part of whom shall be

free, and the rest not? If property is to be made the criterion, it is

a total departure from every moral principle of liberty, because it

is attaching rights to mere matter, and making man the agent of that

matter. It is, moreover, holding up property as an apple of discord,

and not only exciting but justifying war against it; for I maintain the

principle, that when property is used as an instrument to take away the

rights of those who may happen not to possess property, it is used to an

unlawful purpose, as fire-arms would be in a similar case.

In a state of nature all men are equal in rights, but they are not equal

in power; the weak cannot protect themselves against the strong. This

being the case, the institution of civil society is for the purpose

of making an equalization of powers that shall be parallel to, and

a guarantee of, the equality of rights. The laws of a country, when

properly constructed, apply to this purpose. Every man takes the arm of

the law for his protection as more effectual than his own; and therefore

every man has an equal right in the formation of the government, and

of the laws by which he is to be governed and judged. In extensive

countries and societies, such as America and France, this right in the

individual can only be exercised by delegation, that is, by election and

representation; and hence it is that the institution of representative

government arises.

Hitherto, I have confined myself to matters of principle only. First,

that hereditary government has not a right to exist; that it cannot be

established on any principle of right; and that it is a violation of all

principle. Secondly, that government by election and representation has

its origin in the natural and eternal rights of man; for whether a man

be his own lawgiver, as he would be in a state of nature; or whether he

exercises his portion of legislative sovereignty in his own person, as

might be the case in small democracies where all could assemble for the

formation of the laws by which they were to be governed; or whether he

exercises it in the choice of persons to represent him in a national

assembly of representatives, the origin of the right is the same in

all cases. The first, as is before observed, is defective in power; the

second, is practicable only in democracies of small extent; the third,

is the greatest scale upon which human government can be instituted.

Next to matters of _principle_ are matters of _opinion_, and it is

necessary to distinguish between the two. Whether the rights of men

shall be equal is not a matter of opinion but of right, and consequently

of principle; for men do not hold their rights as grants from each

other, but each one in right of himself. Society is the guardian but not

the giver. And as in extensive societies, such as America and France,

the right of the individual in matters of government cannot be exercised

but by election and representation, it consequently follows that the

only system of government consistent with principle, where simple

democracy is impracticable, is the representative system. But as to the

organical part, or the manner in which the several parts of government

shall be arranged and composed, it is altogether _matter of opinion_,

It is necessary that all the parts be conformable with the _principle of

equal rights_; and so long as this principle be religiously adhered to,

no very material error can take place, neither can any error continue

long in that part which falls within the province of opinion.

In all matters of opinion, the social compact, or the principle by which

society is held together, requires that the majority of opinions becomes

the rule for the whole, and that the minority yields practical obedience

thereto. This is perfectly conformable to the principle of equal rights:

for, in the first place, every man has a _right to give an opinion_ but

no man has a right that his opinion should _govern the rest_. In the

second place, it is not supposed to be known beforehand on which side

of any question, whether for or against, any man's opinion will fall.

He may happen to be in a majority upon some questions, and in a minority

upon others; and by the same rule that he expects obedience in the one

case, he must yield it in the other. All the disorders that have arisen

in France, during the progress of the revolution, have had their origin,

not in the _principle of equal rights_, but in the violation of that

principle. The principle of equal rights has been repeatedly violated,

and that not by the majority but by the minority, and _that minority

has been composed of men possessing property as well as of men without

property; property, therefore, even upon the experience already had,

is no more a criterion of character than it is of rights_. It will

sometimes happen that the minority are right, and the majority are

wrong, but as soon as experience proves this to be the case, the

minority will increase to a majority, and the error will reform itself

by the tranquil operation of freedom of opinion and equality of rights.

Nothing, therefore, can justify an insurrection, neither can it ever be

necessary where rights are equal and opinions free.

Taking then the principle of equal rights as the foundation of the

revolution, and consequently of the constitution, the organical part,

or the manner in which the several parts of the government shall be

arranged in the constitution, will, as is already said, fall within the

province of opinion.

Various methods will present themselves upon a question of this kind,

and tho' experience is yet wanting to determine which is the best,

it has, I think, sufficiently decided which is the worst. That is

the worst, which in its deliberations and decisions is subject to

the precipitancy and passion of an individual; and when the whole

legislature is crowded into one body it is an individual in mass. In all

cases of deliberation it is necessary to have a corps of reserve, and it

would be better to divide the representation by lot into two parts, and

let them revise and correct each other, than that the whole should sit

together, and debate at once.

Representative government is not necessarily confined to any one

particular form. The principle is the same in all the forms under which

it can be arranged. The equal rights of the people is the root from

which the whole springs, and the branches may be arranged as present

opinion or future experience shall best direct. As to that _hospital of

incurables_ (as Chesterfield calls it), the British house of peers,

it is an excrescence growing out of corruption; and there is no more

affinity or resemblance between any of the branches of a legislative

body originating from the right of the people, and the aforesaid

house of peers, than between a regular member of the human body and an

ulcerated wen.

As to that part of government that is called the _executive_, it is

necessary in the first place to fix a precise meaning to the word.

There are but two divisions into which power can be arranged. First,

that of willing or decreeing the laws; secondly, that of executing or

putting them in practice. The former corresponds to the intellectual

faculties of the human mind, which reasons and determines what shall be

done; the second, to the mechanical powers of the human body, that puts

that determination into practice.(1) If the former decides, and the

latter does not perform, it is a state of imbecility; and if the latter

acts without the predetermination of the former, it is a state

of lunacy. The executive department therefore is official, and is

subordinate to the legislative, as the body is to the mind, in a

state of health; for it is impossible to conceive the idea of two

sovereignties, a sovereignty to _will_, and a sovereignty to _act_.

The executive is not invested with the power of deliberating whether it

shall act or not; it has no discretionary authority in the case; for it

can _act no other thing_ than what the laws decree, and it is _obliged_

to act conformably thereto; and in this view of the case, the executive

is made up of all the official departments that execute the laws, of

which that which is called the judiciary is the chief.

1 Paine may have had in mind the five senses, with reference

to the proposed five members of the Directory.--_Editor._.

But mankind have conceived an idea that _some kind of authority_ is

necessary to _superintend_ the execution of the laws and to see

that they are faithfully performed; and it is by confounding this

superintending authority with the official execution that we get

embarrassed about the term _executive power_. All the parts in the

governments of the United States of America that are called THE

EXECUTIVE, are no other than authorities to superintend the execution of

the laws; and they are so far independent of the legislative, that they

know the legislative only thro' the laws, and cannot be controuled or

directed by it through any other medium.

In what manner this superintending authority shall be appointed, or

composed, is a matter that falls within the province of opinion. Some

may prefer one method and some another; and in all cases, where opinion

only and not principle is concerned, the majority of opinions forms the

rule for all. There are however some things deducible from reason, and

evidenced by experience, that serve to guide our decision upon the case.

The one is, never to invest any individual with extraordinary power; for

besides his being tempted to misuse it, it will excite contention and

commotion in the nation for the office. Secondly, never to invest power

long in the hands of any number of individuals. The inconveniences that

may be supposed to accompany frequent changes are less to be feared than

the danger that arises from long continuance.

I shall conclude this discourse with offering some observations on the

means of _preserving liberty_; for it is not only necessary that we

establish it, but that we preserve it.

It is, in the first place, necessary that we distinguish between the

means made use of to overthrow despotism, in order to prepare the way

for the establishment of liberty, and the means to be used after the

despotism is overthrown.

The means made use of in the first case are justified by necessity.

Those means are, in general, insurrections; for whilst the established

government of despotism continues in any country it is scarcely possible

that any other means can be used. It is also certain that in the

commencement of a revolution, the revolutionary party permit to

themselves a _discretionary exercise of power_ regulated more by

circumstances than by principle, which, were the practice to continue,

liberty would never be established, or if established would soon be

overthrown. It is never to be expected in a revolution that every man is

to change his opinion at the same moment. There never yet was any truth

or any principle so irresistibly obvious, that all men believed it

at once. Time and reason must co-operate with each other to the final

establishment of any principle; and therefore those who may happen to be

first convinced have not a right to persecute others, on whom conviction

operates more slowly. The moral principle of revolutions is to instruct,

not to destroy.

Had a constitution been established two years ago, (as ought to have

been done,) the violences that have since desolated France and injured

the character of the revolution, would, in my opinion, have been

prevented.(1) The nation would then have had a bond of union, and every

individual would have known the line of conduct he was to follow. But,

instead of this, a revolutionary government, a thing without either

principle or authority, was substituted in its place; virtue and crime

depended upon accident; and that which was patriotism one day, became

treason the next. All these things have followed from the want of a

constitution; for it is the nature and intention of a constitution to

_prevent governing by party_, by establishing a common principle that

shall limit and control the power and impulse of party, and that says to

all parties, _thus far shalt thou go and no further_. But in the absence

of a constitution, men look entirely to party; and instead of principle

governing party, party governs principle.

1 The Constitution adopted August 10, 1793, was by the

determination of "The Mountain," suspended during the war

against France. The revolutionary government was thus made

chronic--_Editor._

An avidity to punish is always dangerous to liberty. It leads men to

stretch, to misinterpret, and to misapply even the best of laws. He

that would make his own liberty secure, must guard even his enemy from

oppression; for if he violates this duty, he establishes a precedent

that will reach to himself. Thomas Paine.

Paris, July, 1795.

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