[SECTION X.]
OF THE OBJECTS OF ALLEGIANCE.
But though, on some occasions, it may be justifiable, both in sound politics and morality, to resist supreme power, 'tis certain that, in the ordinary course of human affairs, nothing can be more pernicious and criminal; and that, besides the convulsions which always attend revolutions, such a practice tends directly to the subversion of all government, and the causing an universal anarchy and confusion among mankind. As numerous and civilized societies cannot subsist without government, so government is entirely useless without an exact obedience. We ought always to weigh the advantages which we reap from authority, against the disadvantages: and by this means we shall become more scrupulous of putting in practice the doctrine of resistance. The common rule requires submission; and 'tis only in cases of grievous tyranny and oppression, that the exception can take place.
Since, then, such a blind submission is commonly due to magistracy, the next question is, to whom it is due, and whom we are to regard as our lawful magistrates? In order to answer this question, let us recollect what we have already established concerning the origin of government and political society. When men have once experienced the impossibility of preserving any steady order in society, while every one is his own master, and violates or observes the laws of interest, according to his present interest or pleasure, they naturally run into the invention of government, and put it out of their own power, as far as possible, to transgress the laws of society. Government, therefore, arises from the voluntary convention of men; and 'tis evident, that the same convention which establishes government, will also determine the persons who are to govern, and will remove all doubt and ambiguity in this particular. And the voluntary consent of men must here have the greater efficacy, that the authority of the magistrate does at first stand upon the foundation of a promise of the subjects, by which they bind themselves to obedience, as in every other contract or engagement. The same promise, then, which binds them to obedience, ties them down to a particular person, and makes him the object of their allegiance.
But when government has been established on this footing for some considerable time, and the separate interest which we have in submission has produced a separate sentiment of morality, the case is entirely altered, and a promise is no longer able to determine the particular magistrate; since it is no longer considered as the foundation of government. We naturally suppose ourselves born to submission; and imagine that such particular persons have a right to command, as we on our part are bound to obey. These notions of right and obligation are derived from nothing but the advantage we reap from government, which gives us a repugnance to practise resistance ourselves, and makes us displeased with any instance of it in others. But here 'tis remarkable, that in this new state of affairs, the original sanction of government, which is interest, is not admitted to determine the persons whom we are to obey, as the original sanction did at first, when affairs were on the footing of a promise. A promise fixes and determines the persons, without any uncertainty: but 'tis evident, that if men were to regulate their conduct in this particular, by the view of a peculiar interest, either public or private, they would involve themselves in endless confusion, and would render all government, in a great measure, ineffectual. The private interest of every one is different; and, though the public interest in itself be always one and the same, yet it becomes the source of as great dissensions, by reason of the different opinions of particular persons concerning it. The same interest, therefore, which causes us to submit to magistracy, makes us renounce itself in the choice of our magistrates, and binds us down to a certain form of government, and to particular persons, without allowing us to aspire to the utmost perfection in either. The case is here the same as in that law of nature concerning the stability of possession. 'Tis highly advantageous, and even absolutely necessary to society, that possession should be stable; and this leads us to the establishment of such a rule: but we find, that were we to follow the same advantage, in assigning particular possessions to particular persons, we should disappoint our end, and perpetuate the confusion which that rule is intended to prevent. We must therefore proceed by general rules, and regulate ourselves by general interests, in modifying the law of nature concerning the stability of possession. Nor need we fear, that our attachment to this law will diminish upon account of the seeming frivolousness of those interests by which it is determined. The impulse of the mind is derived from a very strong interest; and those other more minute interests serve only to direct the motion, without adding any thing to it, or diminishing from it. 'Tis the same case with government. Nothing is more advantageous to society than such an invention; and this interest is sufficient to make us embrace it with ardour and alacrity; though we are obliged afterwards to regulate and direct our devotion to government by several considerations which are not of the same importance, and to choose our magistrates without having in view any particular advantage from the choice.
The first of those principles I shall take notice of, as a foundation of the right of magistracy, is that which gives authority to all the most established governments of the world, without exception: I mean, long possession in any one form of government, or succession of princes. 'Tis certain, that if we remount to the first origin of every nation, we shall find, that there scarce is any race of kings, or form of a commonwealth, that is not primarily founded on usurpation and rebellion, and whose title is not at first worse than doubtful and uncertain. Time alone gives solidity to their right; and, operating gradually on the minds of men, reconciles them to any authority, and makes it seem just and reasonable. Nothing causes any sentiment to have a greater influence upon us than custom, or turns our imagination more strongly to any object. When we have been long accustomed to obey any set of men, that general instinct or tendency which we have to suppose a moral obligation attending loyalty, takes easily this direction, and chooses that set of men for its objects. 'Tis interest which gives the general instinct; but 'tis custom which gives the particular direction.
And here 'tis observable, that the same length of time has a different influence on our sentiments of morality, according to its different influence on the mind. We naturally judge of every thing by comparison; and since, in considering the fate of kingdoms and republics, we embrace a long extent of time, a small duration has not, in this case, a like influence on our sentiments, as when we consider any other object. One thinks he acquires a right to a horse, or a suit of clothes, in a very short time; but a century is scarce sufficient to establish any new government, or remove all scruples in the minds of the subjects concerning it. Add to this, that a shorter period of time will suffice to give a prince a title to any additional power he may usurp, than will serve to fix his right, where the whole is an usurpation. The kings of France have not been possessed of absolute power for above two reigns; and yet nothing will appear more extravagant to Frenchmen than to talk of their liberties. If we consider what has been said concerning accession, we shall easily account for this phenomenon.
When there is no form of government established by long possession, the present possession is sufficient to supply its place, and may be regarded as the second source of all public authority. Right to authority is nothing but the constant possession of authority, maintained by the laws of society and the interests of mankind; and nothing can be more natural than to join this constant possession to the present one, according to the principles above mentioned. If the same principles did not take place with regard to the property of private persons, 'twas because these principles were counterbalanced by very strong considerations of interest; when we observed, that all restitution would by that means be prevented, and every violence be authorized and protected. And, though the same motives may seem to have force with regard to public authority, yet they are opposed by a contrary interest; which consists in the preservation of peace, and the avoiding of all changes, which, however they may be easily produced in private affairs, are unavoidably attended with bloodshed and confusion where the public is interested.
Any one who, finding the impossibility of accounting for the right of the present possessor, by any received system of ethics, should resolve to deny absolutely that right, and assert that it is not authorized by morality, would be justly thought to maintain a very extravagant paradox, and to shock the common sense and judgment of mankind. No maxim is more conformable, both to prudence and morals, than to submit quietly to the government which we find established in the country where we happen to live, without inquiring too curiously into its origin and first establishment. Few governments will bear being examined so rigorously. How many kingdoms are there at present in the world, and how many more do we find in history, whose governors have no better foundation for their authority than that of present possession! To confine ourselves to the Roman and Grecian empire; is it not evident, that the long succession of emperors, from the dissolution of the Roman liberty, to the final extinction of that empire by the Turks, could not so much as pretend to any other title to the empire? The election of the senate was a mere form, which always followed the choice of the legions; and these were almost always divided in the different provinces, and nothing but the sword was able to terminate the difference. 'Twas by the sword, therefore, that every emperor acquired, as well as defended, his right; and we must either say, that all the known world, for so many ages, had no government, and owed no allegiance to any one, or must allow, that the right of the stronger, in public affairs, is to be received as legitimate, and authorized by morality, when not opposed by any other title.
The right of conquest may be considered as a third source of the title of sovereigns. This right resembles very much that of present possession, but has rather a superior force, being seconded by the notions of glory and honour which we ascribe to conquerors, instead of the sentiments of hatred and detestation which attend usurpers. Men naturally favour those they love; and therefore are more apt to ascribe a right to successful violence, betwixt one sovereign and another, than to the successful rebellion of a subject against his sovereign.[11]