Principle Of Government.
The opposite hypothesis, which places the origin of society in the family and in the right of the father over his children, is less objectionable, but it is incomplete. There is, certainly, a form of society among parents and their rising offspring; but it is a society in some sort unilateral, and of which one of the parties has not any true consciousness. Society, whether in the family or out of the family, is only complete when all its members, those who command as well as those who obey, recognize, more or less vaguely, a certain superior rule, which is neither the arbitrary caprice of will, nor the effect of force alone. The idea of society, therefore, implies necessarily another idea, that of government; and the idea of government contains in it two others, the idea of a collection of individuals, and that of a rule which is applicable to them,—a rule which constitutes the right of the government itself; a rule which the individuals who submit to it have not themselves created, and to which they are morally bound to submit. No government ever totally disregarded this supreme rule, none ever proclaimed force or caprice as the only law of society. In seeking the principle of government, we have found the principle of social right to be the primary source of all legitimate sovereignty. In this law of laws, in this rule of all government, resides the principle of government.
Two important questions now present themselves. How is the law formed, and how is it applied? In this lies the distinctive character of the various forms of government; in this they differ.
Right of Sovereignty.
Even until modern times, the belief has prevailed that the primitive and absolute right of law-making, that is, the right of sovereignty, resides in some portion of society, whether this right be vested in a single man, in several, or in all; an opinion which has been constantly contradicted by facts, and which cannot bear the test of reason. The right of determining and enforcing a rule, is the right to absolute power; that force which possesses this right inherently, possesses absolute power, that is to say, the right of tyranny. Take the three great forms of government, monarchy, aristocracy, and democracy, and see if a case can be found in which the right of sovereignty was held by one, by several or by all, in which tyranny did not necessarily arise. Facts have been logically correct,—they have inferred from the principle its necessary consequence.
Such, however, is the force of truth, that this error could not reign alone and absolutely. At the very time when men appeared to believe, and did theoretically believe, that the primitive and absolute power of giving law belonged to some one, whether monarch, senate, or people, at the same time they struggled against that principle. At all times men have endeavoured to limit the power which they regarded as perfectly legitimate. Never has a force, although invested with the right of sovereignty, been allowed to develop that right to its full extent. The janissaries in Turkey sometimes served, sometimes abrogated, the absolute power of the Sultan. In democracies, where the right of sovereignty is vested in popular assemblies, efforts have been continually made to oppose conditions, obstacles, and limits to that sovereignty. Always, in all governments which are absolute in principle, some kind of protest has been made against the principle. Whence comes this universal protest? We might, looking merely at the surface of things, be tempted to say that it is only a struggle of powers. This has existed without doubt, but another and a grander element has existed along with it; there is an instinctive sense of justice and reason dwelling in every human spirit. Tyranny has been opposed, whether it were the tyranny of individuals or of multitudes, not only by a consciousness of power, but by a sentiment of right. It is this consciousness of justice and right, that is to say, of a rule independent of human will,—a consciousness often obscure but always powerful,—which, sooner or later, rouses and assists men to resist all tyranny, whatever may be its name and form. The voice of humanity, then, has proclaimed that the right of sovereignty vested in men, whether in one, in many, or in all, is an iniquitous lie.
If, then, the right of sovereignty cannot be vested in any one man, or collection of men, where does it reside, and what is the principle on which it rests?