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