What necessity, therefore, is there to found the duty of allegiance or obedience to magistrates on that of fidelity or a regard to promises, and to suppose that it is the consent of each individual which subjects him to government, when it appears that both allegiance and fidelity stand precisely on the same foundation, and are both submitted to by mankind, on account of the apparent interests and necessities of human society? We are bound to obey our sovereign, it is said, because we have given a tacit promise to that purpose. But why are we bound to observe our promise? It must here be asserted that the commerce and intercourse of mankind, which are of such mighty advantage, can have no security where men pay no regard to their engagements. In like manner may it be said that men could not live at all in society, at least in a civilized society, without laws and magistrates and judges to prevent the encroachments of the strong upon the weak, of the violent upon the just and equitable. The obligation to allegiance being of like force and authority with the obligation to fidelity, we gain nothing by resolving the one into the other. The general interests or necessities of society are sufficient to establish both.
If the reason is asked of that obedience which we are bound to pay to government, I readily answer, because society could not otherwise subsist. And this answer is clear and intelligible to all mankind. Your answer is, because we should keep our word. But besides that, nobody, till trained in a philosophical system, can either comprehend or relish this answer; besides this, I say, you find yourself embarrassed when it is asked why we are bound to keep our word, and you can give no other answer but what would immediately, without any circuit, have accounted for our obligation to allegiance.
But to whom is allegiance due? And who are our lawful sovereigns? This question is often the most difficult of any, and liable to infinite discussions. When people are so happy that they can answer, “Our present sovereign, who {p188} inherits, in a direct line, from ancestors that have governed us for many ages,” this answer admits of no reply, even though historians, in tracing up to the remotest antiquity the origin of that royal family, may find, as commonly happens, that its first authority was derived from usurpation and violence. It is confessed that private justice, or the abstinence from the properties of others, is a most cardinal virtue; yet reason tells us that there is no property in durable objects, such as lands or houses, when carefully examined in passing from hand to hand, but must in some period have been founded on fraud and injustice. The necessities of human society, neither in private nor public life, will allow of such an accurate inquiry; and there is no virtue or moral duty but what may with facility be refined away if we indulge in a false philosophy, in sifting and scrutinizing it, by every captious rule of logic, in every light or position in which it may be placed.
The questions with regard to public property have filled infinite volumes of law and philosophy, if in both we add the commentators to the original text; and in the end we may safely pronounce that many of the rules there established are uncertain, ambiguous, and arbitrary. The like opinion may be formed with regard to the successions and rights of princes and forms of government. Many cases no doubt occur, especially in the infancy of any government, which admit of no determination from the laws of justice and equity; and our historian Rapin allows that the controversy between Edward III. and Philip de Valois was of this nature, and could be decided only by an appeal to heaven—that is, by war and violence.
Who shall tell me whether Germanicus or Drusus ought to have succeeded Tiberius had he died while they were both alive without naming either of them for his successor? Ought the right of adoption to be received as equivalent to that of blood in a nation where it had the same effect in private families, and had already in two instances taken place in the public? Ought Germanicus to be esteemed the eldest son because he was born before Drusus, or the {p189} younger because he was adopted after the birth of his brother? Ought the right of the elder to be regarded in a nation where the eldest brother had no advantage in the succession of private families? Ought the Roman Empire at that time to be esteemed hereditary because of two examples, or ought it even so early to be regarded as belonging to the stronger or present possessor as being founded on so recent a usurpation?
Commodus mounted the throne after a pretty long succession of excellent emperors, who had acquired their title, not by birth or public election, but by the fictitious rite of adoption. That bloody debauchee being murdered by a conspiracy suddenly formed between his wench and her gallant, who happened at that time to be Prætorian Prefect, these immediately deliberated about choosing a master to humankind, to speak in the style of those ages; and they cast their eyes on Pertinax. Before the tyrant’s death was known the Prefect went silently to that senator, who, on the appearance of the soldiers, imagined that his execution had been ordered by Commodus. He was immediately saluted Emperor by the officer and his attendants; cheerfully proclaimed by the populace; unwillingly submitted to by the guards; formally recognised by the senate; and passively received by the provinces and armies of the Empire.
The discontent of the Prætorian bands soon broke out in a sudden sedition, which occasioned the murder of that excellent prince; and the world being now without a master and without government, the guards thought proper to set the Empire formally to sale. Julian, the purchaser, was proclaimed by the soldiers, recognized by the senate, and submitted to by the people, and must also have been submitted to by the provinces had not the envy of the legions begot opposition and resistance. Pescennius Niger in Syria elected himself Emperor, gained the tumultuary consent of his army, and was attended with the secret good-will of the senate and people of Rome. Albinus in Britain found an equal right to set up his claim; but Severus, who governed Pannonia, prevailed in the end above both of them. That able {p190} politician and warrior, finding his own birth and dignity too much inferior to the imperial crown, professed at first an intention only of revenging the death of Pertinax. He marched as general into Italy, defeated Julian, and without our being able to fix any precise commencement even of the soldiers’ consent, he was from necessity acknowledged Emperor by the senate and people, and fully established in his violent authority by subduing Niger and Albinus.
“Inter hæc Gordianus Cæsar,” says Capitolinus, speaking of another period, “sublatus a militibus, Imperator, est appellatus, quia non erat alius in præsenti.” It is to be remarked that Gordian was a boy of fourteen years of age.
Frequent instances of a like nature occur in the history of the emperors; in that of Alexander’s successors, and of many other countries. Nor can anything be more unhappy than a despotic government of that kind, where the succession is disjointed and irregular, and must be determined on every occasion by force or election. In a free government the matter is often unavoidable, and is also much less dangerous. The interests of liberty may there frequently lead the people in their own defence to alter the succession of the crown, and the constitution being compounded of parts, may still maintain a sufficient stability by resting on the aristocratical or democratical members, though the monarchical be altered from time to time in order to accommodate it to the former.
In an absolute government when there is no legal prince who has a title to the throne, it may safely be determined to belong to the first occupier. Instances of this kind are but too frequent, especially in the Eastern monarchies. When any race of princes expires the will or destination of the last sovereign will be regarded as a title. Thus the edict of Louis XIV., who called the bastard princes to the succession in case of the failure of all the legitimate princes, would, in such an event, have some authority.[104] Thus the will of {p191} Charles II. disposed of the whole Spanish monarchy. The cession of the ancient proprietor, especially when joined to conquest, is likewise esteemed a very good title. The general bond of obligation which unites us to government is the interest and necessities of society, and this obligation is very strong. The determination of it to this or that particular prince or form of government is frequently more uncertain and dubious. Present possession has considerable authority in these cases, and greater than in private property, because of the disorders which attend all revolutions and changes of government.[105]