Chapter XII: Part 12

"Now the cardinal pronounced that this were a good order to take with vagabonds. But a certain parasite sayeth in jest that this were then an excellent order to take with the friars, seeing that they were the veriest vagabonds that be; a friar thereupon took the jest in very ill part, and could not refrain himself from calling the fellow ribald, villain, and the son of perdition; whereat the jester became a scoffer indeed, for he could play a part in that play, no man better, making the friar more foolishly wrath than before.

"Now, none of them would have harkened to my counsel until the cardinal did approve it. So that if I were sitting in counsel with the French king, whose counsellors were all urging him to war; and should I counsel him not to meddle with Italy, but rather to tarry still at home; and should propose to him the decrees of the Achoricus which dwell over against the Island of Utopia, who having by war conquered a new kingdom for their prince, constrained him to be content with his old kingdom, and give over the new one to one of his friends; this, mine advice, Master More, how think you it would be heard and taken?"

"So God help me, not very thankfully," quoth I.

"Howbeit, Master More," quoth he, "doubtless wheresoever possessions be private, where money beareth all the stroke, it is almost impossible that the weal-publique may be justly governed and prosperously flourish. And when I consider the wise and goodly ordinances of the Utopians, among whom all things being in common, every man hath abundance of everything, yet are there very few laws; I do fully persuade myself that until this property be exiled and banished, perfect wealth shall never be among men. Which if you had lived with me in Utopia, you would doubtless grant."

"Therefore, Master Raphael," quoth I, "pray you describe unto us this land."

_II.--Of the Island of Utopia, and the Customs of Its People_

The Island of Utopia is shaped like a new moon, in breadth at the middle 200 miles, narrowing to the tips, which fetch about a compass of 500 miles, and are sundered by eleven miles, having in the space between them a high rock; so that that whole coast is a great haven, but the way into it is securely guarded by hidden rocks, of which only the Utopians have the secret. It hath fifty-four large and fair cities, all built in one fashion, and having like manners, institutions and laws. The chief and head is Amaurote, being the midmost. Every city hath an equal shire, with farms thereon; and of the husbandmen, half return each year to the city, their place being taken by a like number.

The city Amaurote standeth four square, upon the River Anyder, and another lesser river floweth through it. The houses be fair and gorgeous, and the streets twenty foot broad; and at the back of each house a garden, whereby they set great store.

Each thirty families choose an officer, called a Siphogrant, and over every tenth Siphogrant is a Tranibore. The prince is chosen for life by the Siphogrants. All other offices are yearly, but the Tranibores are not lightly changed. The prince and the Tranibores hold council every third day, each day with two different Siphogrants. They discuss no matter on the day that it is first brought forward. All the people are expert in husbandry, but each hath thereto his own proper craft of masonry or cloth-working, or some other; and, for the most part, that of his father. They work only six hours, which is enough--yea, and more for the store and abundance of things requisite, because all do work. There be none that are idle or busied about unprofitable occupations. In all that city and shire there be scarce 500 persons that be licensed from labour, that be neither too old nor too weak to work. Such be they that have license to learning in place of work. Out of which learned order be chosen ambassadors, priests, tranibores, and the prince.

For their clothing, they wear garments of skins for work, and woollen cloaks of one fashion and of the natural colour; and for the linen, they care only for the whiteness, and not the fineness; wherefore their apparel is of small cost.

The city consisteth of families; and for each family the law is there be not fewer than ten children, nor more than sixteen of about thirteen years. Which numbers they maintain by taking from one family and adding to another, or one city and another, or by their foreign cities which they have in the waste places of neighbour lands. The eldest citizen ruleth the family. In each quarter of the city is a market-place, whither is brought the work of each family, and each taketh away that he needeth, without money or exchange.

To every thirty families there is a hall, whither cometh the whole Siphogranty at the set hour of dinner or supper; and a nursery thereto. But in the country they dine and sup in their own houses. If any desire to visit another city, the prince giveth letters of licence. But wherever he goeth he must work the allotted task. All be partners, so that none may be poor or needy; and all the cities do send to the common council at Amaurote, so that what one lacketh another maketh good out of its abundance.

Their superfluities they exchange with other lands for what they themselves lack, which is little but iron; or for money, which they use but seldom, and that for the hiring of soldiers. Of gold and silver they make not rich vessels, but mean utensils, fetters, and gyves; and jewels and precious stones they make toys for children.

Although there be not many that are appointed only to learning, yet all in childhood be instructed therein; and the more part do bestow in learning their spare hours. In the course of the stars and movings of the heavenly sphere they be expert, but for the deceitful divination thereof they never dreamed of it.

They dispute of the qualities of the soul and reason of virtue, and of pleasure wherein they think the felicity of man to rest; but that the soul is immortal, and by the bountiful goodness of God ordained to felicity, and to our virtues and good deeds rewards be appointed hereafter, and to evil deeds punishments. Which principles, if they were disannulled, there is no man but would diligently pursue pleasure by right or wrong. But now felicity resteth only in that pleasure that is good and honest. Virtue they define to be life according to nature, which prescribeth us a joyful life.

But of what they call counterfeit pleasures they make naught; as of pride in apparel and gems, or in vain honours; or of dicing; or hunting, which they deem the most abject kind of butchery. But of true pleasures they give to the soul intelligence and that pleasure that cometh of contemplation of the truth, and the pleasant remembrance of the good life past. Of pleasures of the body they count first those that be sensibly felt and perceived, and thereto the body's health, which lacking, there is no place for any pleasure. But chiefest they hold the pleasures of the mind, the consciousness of virtue and the good life. Making little of the pleasures of appetite, they yet count it madness to reject the same for a vain shadow of virtue.

For bondmen, they have malefactors of their own people, criminals condemned to death in other lands, or poor labourers of other lands who, of their own free will, choose rather to be in bondage with them. The sick they tend with great affection; but, if the disease be not only incurable but full of anguish, the priests exhort them that they should willingly die, but cause him not to die against his will. The women marry not before eighteen years, and the men four years later. But if one have offended before marriage, he or she whether it be, is sharply punished. And before marriage the man and the woman are showed each to the other by discreet persons. To mock a man for his deformity is counted great dishonesty and reproach.

They do not only fear their people from doing evil by punishments, but also allure them to virtue with rewards of honour. They have but few laws, reproving other nations that innumerable books of laws and expositions upon the same be not sufficient. Furthermore, they banish all such as do craftily handle the laws, but think it meet that every man should plead his own matter.

_III.--Of the Wars and the Religion of the Utopians_

As touching leagues they never make one with any nation, putting no trust therein; seeing the more and holier ceremonies the league is knit up with, the sooner it is broken. Who perchance would change their minds if they lived here? But they be of opinion that no man should be counted an enemy who hath done no injury, and that the fellowship of nature is a strong league.

They count nothing so much against glory as glory gotten in war. And though they do daily practise themselves in the discipline of war, they go not to battle but in defence of their own country or their friends, or to right some assured wrong. They are ashamed to win the victory with much bloodshed, but rejoice if they vanquish their enemies by craft. They set a great price upon the life or person of the enemy's prince and of other chief adversaries, counting that they thereby save the lives of many of both parts that had otherwise been slain; and stir up neighbour peoples against them. They lure soldiers out of all countries to do battle with them, and especially savage and fierce people called the Zapoletes, giving them greater wages than any other nation will. But of their own people they thrust not forth to battle any against his will; yet if women be willing, they do in set field stand every one by her husband's side, and each man is compassed about by his own kinsfolk; and they be themselves stout and hardy and disdainful to be conquered. It is hard to say whether they be craftier in laying ambush, or wittier in avoiding the same. Their weapons be arrows, and at handstrokes not swords but pole-axes; and engines for war they devise and invent wondrous wittily.

There be divers kinds of religion. Some worship for God the sun, some the moon; there be that give worship to a man that was once of the most excellent virtue; some believe that there is a certain godly power unknown, everlasting, incomprehensible; but all believe that there is one God, Maker and Ruler of the whole world. But after they heard us speak of Christ, with glad minds they agreed unto the same. And this is one of their ancientest laws, that no man shall be blamed for reasoning in the maintenance of his own religion, giving to every man free liberty to believe what he would. Saving that none should conceive so base and vile an opinion as to think that souls do perish with the body, or that the world runneth at all adventures, governed by no divine providence.

They have priests of exceeding holiness, and therefore very few. Both childhood and youth are instructed of them, not more in learning than in good manners.

"This is that order of the commonwealth which, in my judgment, is not only the best, but also that which alone of good right may claim and take upon it the name of a commonwealth or weal-publique," quoth he. But, in the meantime, I, Thomas More, as I cannot agree and consent to all things that he said, so must I needs confess and grant that many things be in the Utopian weal-publique which in our cities I may rather wish for than hope after.

THOMAS PAINE

The Rights of Man

"The Rights of Man" by Thomas Paine (see RELIGION, Vol. XIII) was
an answer to Burke's attack on the French Revolution. It was
published in two parts in 1790 and 1792, and is an earnest and
courageous exposition of Paine's revolutionary opinions, and from
that day to this has played no small part in moulding public
thought. The extreme candour of his observations on monarchy led to
a prosecution, and he had to fly to France. There he pleaded for
the life of Louis XVI., and was imprisoned for ten months during
the Terror. He left France bitterly disappointed with the failure
of the republic, and passed the rest of his days in America.
"Paine's ignorance," says Sir Leslie Stephen, "was vast, and his
language brutal; but he had the gift of a true demagogue--the power
of wielding a fine, vigorous English."

_I.--Natural and Civil Rights_

Among the incivilities by which nations or individuals provoke or irritate each other, Mr. Burke's pamphlet in the French revolution is an extraordinary instance. There is scarcely an epithet of abuse in the English language with which he has not loaded the French nation and the National Assembly. Considered as an attempt at political argument, his work is a pathless wilderness of rhapsodies, in which he asserts whatever he pleases without offering either evidence or reasons for so doing.

With his usual outrage, he abuses the Declaration of the Rights of Man published by the National Assembly as the basis of the French constitution. But does he mean to deny that _man_ has any rights? If he does, then he must mean that there are no such things as rights anywhere; for who is there in the world but man? But if Mr. Burke means to admit that man has rights, the question then will be: What are those rights and how came man by them originally?

The error of those who reason by precedents drawn from antiquity respecting the rights of man is that they do not go far enough into antiquity; they stop in some of the intermediate stages, and produce what was then done as a rule for the present day. Mr. Burke, for example, would have the English nation submit themselves to their monarchs for ever, because an English Parliament did make such a submission to William and Mary, not only on behalf of the people then living, but on behalf of their heirs and posterities--as if any parliament had the right of binding and controlling posterity, or of commanding for ever how the world should be governed. If antiquity is to be authority, a thousand such authorities may be produced, successively contradicting each other; but if we proceed on, we shall at last come out right; we shall come to the time when man came from the hand of his Maker. What was he then? Man! Man was his high and only title, and a higher cannot be given him.

All histories of creation agree in establishing one point, the unity of man, by which I mean that men are all of one degree, and that all men are born equal, and with equal natural rights. These natural rights are the foundation of all their civil rights.

A few words will explain this: Natural rights are those which appertain to man in right of his existence. Of this kind are the rights of the mind, and also those rights of acting as an individual for his own happiness, which are not injurious to the natural rights of others. Civil rights are those which appertain to man in right of his being a member of society. Every civil right has for its foundation some natural right pre-existing in the individual, but to the enjoyment of which his individual power is not, in all cases, sufficiently competent. Of this kind are all those which relate to security and protection.

It follows, then, that the power produced from the aggregate of natural rights, imperfect in power in the individual, cannot be applied to invade the natural rights which are retained in the individual, and in which the power to execute is as perfect as the right itself.

Let us now apply these principles to governments. These may all be comprehended under three heads: First, superstition; secondly, power; thirdly, the common interest of society and the common rights of man.

When a set of artful men pretended to hold intercourse with the Deity, as familiarly as they now march up the back stairs in European courts, the world was completely under the government of superstition. This sort of government lasted as long as this sort of superstition lasted.

After these, a race of conquerors arose, whose government, like that of William the Conqueror, was founded in power. Governments thus established last as long as the power to support them lasts; but, that they might avail themselves of every engine in their favour, they united fraud to force, and set up an idol which they called _Divine Right_, and which twisted itself afterwards into an idol of another shape, called _Church and State_. The key of St. Peter and the key of the treasury became quartered on one another, and the wondering cheated multitude worshipped the invention.

We have now to review the governments which arise out of society. If we trace government to its origin, we discover that governments must have arisen either _out_ of the people or over the people. In those which have arisen out of the people, the individuals themselves, each in his own personal and sovereign right, have entered into a compact with each other to produce a government; and this is the only mode in which governments have a right to arise.

This compact is the constitution, and a constitution is not a thing in name only, but in fact. Wherever it cannot be produced in a visible form, there is none. A constitution is a thing antecedent to government, and a government is only its creature. The constitution of a country is not the act of its government, but of the people constituting its government.

Can, then, Mr. Burke produce the English constitution? He cannot, for no such thing exists, nor ever did exist. The English government is one of those which arose out of a conquest, and not out of society, and consequently it arose over the people; and though it has been much modified since the time of William the Conqueror, the country has never yet regenerated itself, and is therefore without a constitution.

_II.--France and England Compared_

I now proceed to draw some comparisons between the French constitution and the governmental usages in England.

The French constitution says that every man who pays a tax of sixty sous per annum (2s. 6d., English) is an elector. What will Mr. Burke place against this? Can anything be more limited, and at the same time more capricious, than the qualifications of electors are in England?

The French constitution says that the National Assembly shall be elected every two years. What will Mr. Burke place against this? Why, that the nation has no right at all in the case, and that the government is perfectly arbitrary with respect to this point.

The French constitution says there shall be no game laws, and no monopolies of any kind. What will Mr. Burke say to this? In England, game is made the property of those at whose expense it is not fed; and with respect to monopolies, every chartered town is an aristocratical monopoly in itself, and the qualification of electors proceeds out of these monopolies. Is this freedom? Is this what Mr. Burke means by a constitution?

The French constitution says that to preserve the national representation from being corrupt no member of the National Assembly shall be an officer of the government, a placeman, or a pensioner. What will Mr. Burke place against this? I will whisper his answer: "Loaves and Fishes." Ah! this government of loaves and fishes has more mischief in it than people have yet reflected on. The English Parliament is supposed to hold the national purse in trust for the nation. But if those who vote the supplies are the same persons who receive the supplies when voted, and are to account for the expenditure of those supplies to those who voted them, it is themselves accountable to themselves, and the comedy of errors concludes with the pantomime of hush. Neither the ministerial party nor the opposition will touch upon this case. The national purse is the common hack which each mounts upon. They order these things better in France.

The French constitution says that the right of war and peace is in the nation. Where else should it reside but in those who are to pay the expense? In England this right is said to reside in a metaphor shown at the Tower for sixpence or a shilling a head.

It may with reason be said that in the manner the English nation is represented it signifies not where the right resides, whether in the crown or in the parliament. War is the common harvest of all those who participate in the division and expenditure of public money in all countries. In reviewing the history of the English Government, an impartial bystander would declare that taxes were not raised to carry on wars, but that wars were raised to carry on taxes.

The French constitution says, "There shall be no titles"; and, of consequence, "nobility" is done away, and the peer is exalted into man.

Titles are but nicknames, and every nickname is a title. The thing is perfectly harmless in itself, but it marks a sort of foppery in the human character which degrades it. If no mischief had annexed itself to the folly of titles, they would not have been worth a serious and formal destruction. Let us, then, examine the grounds upon which the French constitution has resolved against having a house of peers in France.

Because, in the first place, aristocracy is kept up by family tyranny and injustice, due to the unnatural and iniquitous law of primogeniture.

Secondly, because the idea of hereditary legislators is as inconsistent as that of hereditary judges or hereditary juries; and as absurd as an hereditary mathematician, or an hereditary wise man; and as ridiculous as an hereditary poet-laureate.

Thirdly, because a body of men, holding themselves accountable to nobody, ought not to be trusted by anybody.

Fourthly, because it is continuing the uncivilised principle of government founded in conquest, and the base idea of man having property in man, and governing him by personal right.

The French constitution hath abolished or renounced toleration and intolerance also, and hath established universal right of conscience.

Toleration is not the opposite of intolerance, but is the counterfeit of it. Both are despotisms. The one assumes to itself the right of withholding liberty of conscience, and the other of granting it. Who art thou, vain dust and ashes! by whatever name thou art called, whether a king, a bishop, a church, or a state, a parliament, or anything else, that obtrudest thine insignificance between the soul of man and its Maker? Mind thine own concerns. If he believes not as thou believest, it is a proof that thou believest not as he believes, and there is no earthly power can determine between you.

The opinions of men with respect to government are changing fast in all countries. The revolutions of America and France have thrown a beam of light over the world, which reaches into men. Ignorance is of a peculiar nature; once dispelled, it is impossible to re-establish it. It is not originally a thing of itself, but is only the absence of knowledge; and though man may be kept ignorant, he cannot be made ignorant.

When we survey the wretched condition of man, under the monarchical and hereditary systems of government, dragged from his home by one power, or driven by another, and impoverished by taxes more than by enemies, it becomes evident that these systems are bad, and that a general revolution in the principle and construction of governments is necessary.

And it is not difficult to perceive, from the enlightened state of mankind, that hereditary governments are verging to their decline, and that revolutions on the broad basis of national sovereignty and government by representation are making their way in Europe; it would be an act of wisdom to anticipate their approach and produce revolutions by reason and accommodation, rather than commit them to the issue of convulsions.

_III.--The Old and New Systems_

The danger to which the success of revolutions is most exposed is in attempting them before the principles on which they proceed, and the advantages to result from them are sufficiently understood. Almost everything appertaining to the circumstances of a nation has been absorbed and confounded under the general and mysterious word government. It may, therefore, be of use in this day of revolutions to discriminate between those things which are the effect of government, and those which are not.

Great part of that order which reigns among mankind is not the effect of government. It has its origin in the principles of society and the natural constitution of man. The mutual dependence and reciprocal interest which man has upon man, and all the parts of civilised community upon each other, create that great chain of connection which holds it together. In fine, society performs for itself almost everything which is ascribed to government, which is no farther necessary than to supply the few cases to which society and civilisation are not conveniently competent.

The more perfect civilisation is, the less occasion has it for government, because the more does it regulate its own affairs, and govern itself. All the great laws of society are laws of nature. They are followed and obeyed because it is the interest of the parties to do so, and not on account of any formal laws their governments may impose. But how often is the natural propensity to society disturbed or destroyed by the operations of government! When the latter, instead of being ingrafted on the principles of the former, assumes to exist for itself, and acts by partialities of favour and oppression, it becomes the cause of the mischiefs it ought to prevent.

It is impossible that such governments as have hitherto existed in the world would have commenced by any other means than a total violation of every principle, sacred and moral. The obscurity in which the origin of all the present old governments is buried implies the iniquity and disgrace with which they began. What scenes of horror present themselves in contemplating the character and reviewing the history of such governments! If we would delineate human nature with a baseness of heart and hypocrisy of countenance that reflection would shudder at and humanity disown, they are kings, courts, and cabinets that must sit for the portrait. Man, naturally as he is, with all his faults about him, is not up to the character.

Government on the old system is an assumption of power, for the aggrandisement of itself; on the new a delegation of power for the common benefit of society. The one now called the old is hereditary, either in whole or in part, and the new is entirely representative. It rejects all hereditary government:

First, as being an imposition on mankind.

Secondly, as inadequate to the purposes for which government is necessary.

All hereditary government is in its nature tyranny. To inherit a government is to inherit the people, as if they were flocks and herds. Kings succeed each other, not as rationals, but as animals. It signifies not what their mental or moral characters are. Monarchical government appears under all the various characters of childhood, decrepitude, dotage; a thing at nurse, in leading-strings, or in crutches. In short, we cannot conceive a more ridiculous figure of government than hereditary succession. By continuing this absurdity, man is perpetually in contradiction with himself; he may accept for a king, or a chief magistrate, or a legislator a person whom he would not elect for a constable.

The representative system takes society and civilisation for its basis; nature, reason, and experience for its guide. The original simple democracy was society governing itself without the aid of secondary means. By ingrafting representation upon democracy we arrive at a system of government capable of embracing and confederating all the various interests and every extent of territory and population; and that also with advantages as much inferior to hereditary government, as the republic of letters is to hereditary literature.

Considering government in the only light in which it should be considered, that of a national association, it ought to be constructed as not to be disordered by any accident happening among the parts, and, therefore, no extraordinary power should be lodged in the hands of any individual. Monarchy would not have continued so many ages in the world had it not been for the abuses it protects. It is the master-fraud which shelters all others. By admitting a participation of the spoil, it makes itself friends; and when it ceases to do this it will cease to be the idol of courtiers.

One of the greatest improvements that have been made for the perpetual security and progress of constitutional liberty, is the provision which the new constitutions make for occasionally revising, altering, and amending them. The best constitutions that could now be devised consistently with the condition of the present moment, may be far short of that excellence which a few years may afford. There is a morning of reason rising upon man on the subject of governments that has not appeared before. Just emerging from such a barbarous condition, it is too soon to determine to what extent of improvement government may yet be carried. For what we can foresee, all Europe may form but one great republic, and man be free of the whole.

_IV.--The Reform of England_

As it is necessary to include England in the prospect of general reformation, it is proper to inquire into the defects of its government. It is only by each nation reforming its own, that the whole can be improved and the full benefit of reformation enjoyed.

When in countries that are called civilised we see age going to the workhouse and youth to the gallows something must be wrong in the system of government. Why is it that scarcely any are executed but the poor? The fact is a proof, among other things, of a wretchedness in their condition. Bred up without morals, and cast upon the world without a prospect, they are the exposed sacrifice of vice and legal barbarity.

The first defect of English government I shall mention is the evil of those Gothic institutions, the corporation towns. As one of the houses of the English Parliament is, in a great measure, made up of elections from these corporations, and as it is unnatural that a pure stream should flow from a foul fountain, its vices are but a continuation of the vices of its origin. A man of moral honour and good political principles cannot submit to the mean drudgery and disgraceful arts by which such elections are carried.

I proceed in the next place to the aristocracy. The house of peers is simply a combination of persons in one common interest. No better reason can be given why a house of legislation should be composed entirely of men whose occupation consists in letting landed property, than why it should be composed of brewers, of bakers, or any other separate class of men. What right has the landed interest to a distinct representation from the general interest of the nation? The only use to be made of its power is to ward off the taxes from itself, and to throw the burden upon such articles of consumption by which itself would be least affected.

I proceed to what is called the crown. It signifies a nominal office of a million sterling a year, the business of which consists in receiving the money. Whether the person be wise or foolish, sane or insane, a native or a foreigner, matters not. The hazard to which this office is exposed in all countries is not from anything that can happen to the man, but from what may happen to the nation--the danger of its coming to its senses.

I shall now turn to the matter of lessening the burden of taxes. The amount of taxation now levied may be taken in round numbers at L17,000,000, nine millions of which are appropriated to the payment of interest on the national debt, and eight millions to the current expenses of each year.

All circumstances taken together, arising from the French revolution, from the approaching harmony of the two nations, the abolition of court intrigue on both sides, and the progress of knowledge in the science of governing, the annual expenditure might be put back to one million and a half--half a million each for Navy, Army, and expenses of government.

Three hundred representatives fairly elected are sufficient for all the purposes to which legislation can apply. They may be divided into two or three houses, or meet in one, as in France. If an allowance of L500 per annum were made to each representative, the yearly cost would be L15,000. The expense of the official departments could not reasonably exceed L425,000. All revenue officers are paid out of the monies they collect, and therefore are not in this estimation.

Taking one million and a half as a sufficient peace establishment for all the honest purposes of government, there will remain a surplus of upwards of six millions out of the present current expenses. How is this surplus to be disposed of?

The first step would be to abolish the poor rates entirely, and in lieu thereof to make a remission of taxes to the poor of double the amount of the present poor rates--_viz._, four millions annually out of the surplus taxes. This money could be distributed so as to provide L4 annually per head for the support of children of poor families, and to provide also for the cost of education of over a million children; to give annuities of L10 each for the aged poor over sixty, and of L6 each for the poor over fifty; to give donations of L1 each on occasions of births in poor families, and marriages of the poor; to make allowances for funeral expenses of persons travelling for work, and dying at a distance from their friends; and to furnish employment for the casual poor of the metropolis, where modes of relief are necessary that are not required in the country.

Of the sum remaining after these deductions, half a million should be spent in pensioning disbanded soldiers and in increasing the pay of the soldiers who shall remain. The burdensome house and window tax, amounting to over half a million annually, should be taken off. There yet remains over a million surplus, which might be used for special purposes, or applied to relief of taxation as circumstances require.

For the commutation tax there should be substituted an estate tax rising from 3d. in the pound on the first L500 to 20s. in the pound on the twenty-third L1,000. Every thousand beyond the twenty-third would thus produce no profit but by dividing the estate, and thereby would be extirpated the overgrown influence arising from the unnatural law of primogeniture.

Of all nations in Europe there is none so much interested in the French revolution as England. Enemies for ages, the opportunity now presents itself of amicably closing the scene and joining their efforts to reform the rest of Europe. Such an alliance, together with that of Holland, could propose with effect a general dismantling of all the navies in Europe, to a certain proportion to be agreed upon. This will save to France and England at least two million sterling annually to each, and their relative force would be in the same proportion as it is now. Peace, which costs nothing, is attended with infinitely more advantage than any victory with all its expense.

Never did so great an opportunity offer itself to England, and to all Europe, as is produced by the two revolutions of America and France. By the former, freedom has a national champion in the western world, and by the latter in Europe. When another nation shall join France, despotism and bad government will scarcely dare to appear. The present age will hereafter merit to be called the Age of Reason, and the present generation will appear to the future as the Adam of a new world.

JEAN JACQUES ROUSSEAU

The Social Contract

Rousseau's "Social Contract" (Contrat Social) is the most
influential treatise on politics written in modern times. As its
title implies, the work is an endeavour to place all government on
the consent, direct or implied, of the governed; how, through the
rearrangement of society, man may, in a sense, return to the law of
nature. "Man is born free, and yet is everywhere in chains."
Logically, the "Social Contract" is full of gaping flaws. Like its
author's other books (see vol. vii, p. 176), it is an outpouring of
the heart very imperfectly regulated by a brilliant but eccentric
brain. As a political essay it is a tissue of fantastic arguments,
based on unreal hypotheses. But it set men's minds on fire; it was
the literary inspiration of one of the most tremendous events in
history, and those who would comprehend the French Revolution can
unravel many of its perplexities by studying the "Social Contract."
After its publication Rousseau had to fly to England, where he
showed marked symptoms of insanity.

_The Terms of the Contract_

My object is to discover whether, in civil polity, there is any legitimate and definite canon of government, taking men as they are, and laws as they might be. In this enquiry I shall uniformly try to reconcile that which is permitted by right with that which is prescribed by interest so as to avoid the clash of justice with utility.

Man is born free, and yet is everywhere in fetters. He is governed, obliged to obey laws. What is it that legitimises the subjection of men to government? I think I can solve the problem.

It is not merely a matter of force; force is only the power of the strongest, and must yield when a greater strength arises; there is here no question of right, but simply of might. But social order is a sacred right that serves as a base for all others. This right, however, does not arise from nature; it is founded, therefore, upon conventions. It is necessary, then, to know what these conventions are.

The explanation of social order is not to be found in the family tie, since, when a child grows up it escapes from tutelage; the parents' right to exercise authority is only temporary. Nor can government be based on servitude. An individual man may sell his liberty to another for sustenance; but a nation cannot sell its liberty--it does not receive sustenance from its ruler, but on the contrary sustains him. A bargain in which one party gains everything and the other loses everything is plainly no bargain at all, and no claim of right can be founded on it. But even supposing that a people could thus give up its liberty to a ruler, it must be a people before it does so. The gift is a civil act, which pre-supposes a public deliberation. Before, then, we examine the act by which a people chooses a king, it would be well to examine the act by which a people becomes a people; for this act, which necessarily precedes the other, must be the true foundation of society.

Let it be assumed that the obstacles which prejudice the conservation of man in a state of nature have prevailed by their resistance over the forces which each individual is able to employ to keep himself in that state. The primitive condition can then no longer exist; mankind must change it or perish.

The problem with which men are confronted under these circumstances may be stated as follows--"To find a form of association that defends and protects with all the common force the person and property of each partner, and by which each partner, uniting himself with all the rest, nevertheless obeys only himself, and remains as free as heretofore." This is the fundamental problem to which the Social Contract affords a solution.

The clauses of this contract are determined by the nature of the act in such a manner that the least modification renders them of no effect; so that, even when they have not been formally stated, they are everywhere the same, everywhere tacitly acknowledged; and if the compact is violated, everyone returns forthwith to his natural liberty.

The essence of the pact is the total and unreserved alienation by each partner of all his rights to the community as a whole. No individual can retain any rights that are not possessed equally by all other individuals without the contract being thereby violated. Again, each partner, by yielding his rights to the community, yields them to no individual, and thus in his relations with individuals he regains all the rights he has sacrificed.

The compact, therefore, may be reduced to the following terms--"each of us places in common his person and all his power under the supreme direction of the general will; and we receive each member as an indivisible part of the whole."

By this act is created a moral and collective body, composed of as many members as the society has voices, receiving from this same act its unity, its common "I," its life, and its will. This body is the Republic, called by its members the state, the state when passive, the sovereign when active, a power in its relations with similar bodies. The partners are collectively called the people; they are citizens, as participants in the sovereign authority, and subjects as under obligation to the laws of the state.

The sovereign, then, is the general will; and each individual finds himself engaged in a double relationship--as a member of the sovereign. To the general will each partner must, by the terms of the contract, submit himself, without respect to his private inclinations. If he refuses to submit, the sovereign will compel him to do so; which is as much as to say, that it will force him to be free; for in the supremacy of the general will lies the only guarantee to each citizen of freedom from personal dependence.

By passing, through the compact, from the state of nature to the civil state, man substitutes justice for instinct in his conduct, and gives to his actions a morality of which they were formerly devoid. What man loses by the contract is his natural liberty, and an illimitable right to all that tempts him and that he can obtain; what he gains is civil liberty, and a right of secure property in all that he possesses.

I shall conclude this chapter with a remark which should serve as a basis for the whole social system; it is that in place of destroying natural liberty, the fundamental pact substitutes a moral and legitimate equality for the natural physical inequality between men, and that, while men may be unequal in strength and talent, they are all made equal by convention and right.

_The Sovereign and the Laws_

The first and most important consequence of the principles above established is that only the general will can direct the forces of the state towards the aim of its institutions, which is the common good; for if the antagonism of particular interests has rendered necessary the establishment of political societies, it is the accord of these interests that has rendered such societies possible.

I maintain, then, that sovereignty, being the exercise of the general will, cannot be alienated, and that the sovereign, which is simply a collective being, cannot be represented save by itself; it may transfer its power, but not its will.

For the same reason that sovereignty is inalienable, it is indivisible. For the will is either general or it is not. If it is general, it is, when declared, an act of the people, and becomes law; if it is not general, it is, when declared, merely an act of a particular person or persons, not of the sovereign.

The general will is infallible; but the deliberations of the people are not necessarily so. The people may be, and often are, deceived. Particular interests may gain an advantage over general interests, and in that case the rival particular interests should be allowed to destroy each other, so that the true general interest may prevail. In order to secure the clear expression of the general will, there should be no parties or groups within the state; if such groups exist, they should be multiplied in number, so that no one party should get the upper hand.

While, under the contract, each person alienates his power, his goods, and his liberty, he only alienates so much of these as are of concern to the community; but it belongs to the sovereign to determine what is of concern to the community and what is not.

Whatsoever services a citizen owes to the state, he owes them directly the sovereign demands them; but the sovereign, on its part, must not charge its citizens with any obligations useless to the community; for, under the law of reason, nothing is done without cause, any more than under the law of nature. The general will, let it be repeated, tends always to public utility, and is intrinsically incapable of demanding services not useful to the public.

A law is an expression of a general will, and must be general in its terms and import. The sovereign cannot legislate for part of the individuals composing the state, for if it did so the general will would enter into a particular relation with particular people, and that is contrary to its nature. The law may thus confer privileges, but must not name the persons to whom the privileges are to belong. It may establish a royal government, but must not nominate a king. Any function relating to an individual object does not appertain to the legislative power. As a popular assembly is not always enlightened, though the general will when properly ascertained, must be right--the service of a wise legislator is necessary to draw up laws with the sovereign's approval.

The legislator, if he be truly wise, will not begin by writing down laws very good in the abstract, but will first look about to see whether the people for whom he intends them is capable of upholding them. He must bear in mind many considerations--the situation of the country--the nature of the soil--the density of the population--the national history, occupations, and aptitudes.

Among these considerations one of the most important is the area of the state. As nature has given limits to the stature of a normal man, beyond she makes only giants or dwarfs, there are also limits beyond which a state is, in the one direction, too large to be well-governed, and, in the other, too small to maintain itself. There is in every body politic a maximum of force which cannot be exceeded, and from which the state often falls away by the process of enlarging itself. The further the social bond is extended, the slacker it becomes; and, in general, a small state is proportionately stronger than a large one.

It is true that a state must have a certain breadth of base for the sake of solidity, and in order to resist violent shocks from without. But, on the other hand, administration becomes more troublesome with distance. It increases in burdensomeness, moreover, with the multiplication of degrees. Each town, district, and province, has its administration, for which the people must pay. Finally, overwhelming everything, is the remote central administration. Again the government in a large state has less vigour and swiftness than in a smaller one; the people have less affection for their chiefs, their country, and for each other--since they are, for the most part, strangers to each other. Uniform laws are not suitable for diverse provinces. Yet diverse laws among people belonging to the same state, breed weakness and confusion, for a healthy and well-knit constitution, in brief, it is wiser to count upon the vigour that is born of good government than upon the resources supplied by greatness of territory.

The greatest good of all, which should be the aim of every system of legislation, may, on investigation, be reduced to two main objects, _liberty_ and _equality_: liberty, because all dependence of individuals on other individuals is so much force taken away from the body of the state; equality, because without it liberty cannot exist.

But these general objects of every good institution should be regulated in every country in accord with its situation and the character of its inhabitants. Nations with rich territories, for example, should be led to devote themselves to agriculture; manufacturing industry should be left to sterile lands. That which renders the constitution of the state genuinely solid and endurable is the judicious adaptation of laws to natural conditions. A conflict between the two tends to destruction; but when the laws are in sympathy with the natural conditions, when they keep in touch with them, and improve them, the state should prosper.

_The Government_

Every free action has two causes which concur to produce it: one of them the will that determines upon the act, the other the power that performs it. In the political body, one must distinguish between these two--the legislative power and the executive power. The executive power cannot belong to the sovereign, inasmuch as executive acts are particular acts, aimed at individuals, and therefore, as already explained, outside the sovereign's sphere. Public force, then, requires an agent to apply it, according to the direction of the general will. This is the government, erroneously confounded with the sovereign, of which it is only the minister. It is an intermediary body, established between subject and sovereign for their mutual correspondence, charged with the execution of the laws and the maintenance of civil and political liberty.

The magistrates who form the government may be numerous, or may be few; and, generally speaking, the fewer the magistrates the stronger the government. A magistrate has three wills: his personal will, his will as one of the governors, and his will as a member of the sovereign. The last named is the weakest, the first named the most powerful. If there is only one governor, the two stronger wills are concentrated in one man; with a few governors, they are concentrated in few men; when the government is in the hands of all the citizens, the second will is obliterated, and the first widely distributed, and the government is consequently weak. On the other hand, where there are many governors, the government will be more readily kept in correspondence with the general will. The duty of the legislator is to hit the happy medium at which the government, while not failing in strength, is yet properly submissive to the sovereign.

The sovereign may, in the first place, entrust the government to the whole people, or the greater part of them; this form is called democracy. Or it may be placed in the hands of a minority, in which case it is called the aristocracy. Or it may be concentrated in the hands of a single magistrate, from whom all the others derive their power; this is called monarchy.

It may be urged, on behalf of democracy, that those who make the laws know better than anybody how they should be interpreted and administered. But it is not right that the makers of the laws should execute them, nor that the main body of the people should turn its attention from general views to particular objects. Nothing is more dangerous than the influence of private interests on public affairs. A true democracy, in the rigorous sense of the term, never has existed and never will. A people composed of gods would govern itself democratically. A government so perfect is unsuited to men.

There are three forms of aristocracy: natural, elective, and hereditary. The first is only adapted to simple people; the third is the worst of all governments; the second is the best of all. By the elective method, probity, sagacity, experience, and all other sources of preference and public esteem afford guarantees that the community will be wisely governed.

The first defect of monarchy is that it is to the interests of the monarch to keep the people in a state of misery and weakness, so that they may be unable to resist his power. Another is that under a monarchy the posts of honour are occupied by bunglers and rascals who win their promotion by petty court intrigue. Again, an elective monarchy is a cause of disorder whenever a king dies; and a hereditary monarchy leaves the character of the king to chance, which, as everything tends to deprive of justice and reason a man trained to supreme rule, generally goes astray.