The constitution then proceeded to prescribe a form of government, consisting of three branches: 1st, of a President, who should see to the general affairs of the colony, and to the execution of the laws, who should be called the Executive; 2d, of three judges, who should decide all disputes, to be called the Judiciary; and 3d, of an assembly, chosen by the people every year to make laws, called the Legislature. It also established the following principles:
1. Every man of the age of twenty-one years should be a citizen, and be permitted to vote for members of the legislature and other officers.
2. A majority of votes shall be necessary for a choice.
3. The land of the island shall be divided between the families, in proportion to their numbers, by the judges, and then each person shall be protected in his possessions, and the property he acquires.
4. Any citizen shall be competent to fill any office to which he is chosen.
Such were the outlines of the constitution, as set forth by Brusque in presence of all the men of the colony. A profound silence followed the remarks of the orator. But, at length, a man named Rogere rose, and said that he did not like the proposed constitution. For his part, he did not see the necessity of any government. He had, in France only seen iniquity, and folly, and crime, following the footsteps of government, whether admitted by kings or citizens, and he believed that the best way was to get along without it. “For my part,” said he, “I believe that liberty is the greatest political good, and the moment you begin to make laws, you put fetters upon it. As soon as you establish a government, you prepare to smother or strangle it. Of what use is liberty to the eagle when you have broken his wing, or to the mountain deer when you have cut the sinews of his limbs, or to man when it is doled out by magistrates, who may say how much we shall have, and how we may exercise it? Take from man his liberty, and you sink him as far as you can to the standard of the brute! Give him liberty, and he is but little lower than the angels! Then why restrain liberty? Why take it for granted that the first step in society is to fetter human freedom and trench upon human rights? Let us be wiser than to be guided by a prejudice; let us venture to depart from the beaten path, and strike out something new. I close by moving that we dispense with government altogether; that we rely upon the moral sense of mankind, which rests upon an innate perception of justice. This is sufficient for our safety and our happiness.”
Brusque was not a little disappointed to observe, as Rogere sat down, that there was a pervading feeling of approbation of what he had said. In vain did he oppose the views of Rogere; in vain did he show that it was impossible for society to have order without laws, to maintain justice, peace and security without government. In vain did he appeal to history and the past experience of mankind. The idea of perfect freedom was too fascinating to the majority; and the assembly finally decided, by an overwhelming vote, to reject the proposed constitution, and to make the experiment of living without laws or government.
The subject, however, became a matter of discussion among the people, and they were soon divided into two parties, called the Brusqueites and the Rogereites; the former being in favor of a government, and the latter in favor of unlimited freedom. Things went on quietly for a time, for the people were all French, and their good breeding seemed to render the restraints and obligations of enacted statutes, less important. Beside, the island abounded in fruit, and there seemed such a supply of food, as to afford little ground for dispute as to the possession of property. As for shelter, the climate was so mild as to render the covering of a tent sufficient for comfort.
But occasions of collision soon arose. Some articles brought from the ship had been claimed and taken into use by one of the sailors as his own; but now another sailor insisted that they were his. An altercation of words followed between the two, and at last they came to blows. In the struggle, one of them was killed. This event cast a cloud over the little colony, but it was transient. It was forgotten in a few days. Other quarrels, however, soon followed; and finally the whole society was in a state of anarchy and confusion. It was now obvious that reason had lost its power, and that the weak were exposed to violence and injustice from the strong.
Among the people of the colony were several rude men, who, finding that there was no punishment to be feared, began to be very insolent; and it was not a little remarkable that Rogere usually associated with these persons, and seemed even to countenance their injustice and their tyranny. At last, he was evidently considered their leader, and being much more intelligent than his followers, he was soon able to govern them as he pleased. In order to secure his ascendency over their minds, he flattered them by holding forth the prospect of unbounded liberty. He encouraged them in their acts of licentiousness, and pretended that this was freedom. He sought to prejudice their minds against Brusque and the other members of the community who were in favor of a government of equal laws, by insisting that they were aristocrats or monarchists, who wished to enslave the people. Thus, by playing upon the passions of his party, Rogere soon made them subservient to his will. While he pretended to be a friend of freedom he was now actually a despot; and while his followers were made to believe that they were enjoying liberty, they were in fact the slaves of a cunning tyrant. Nor was this all. While claiming to be the liberal party, the party that favored human rights and human freedom, they were daily guilty of acts of injustice, violence and wrong, toward some of the people of the island.