Section IX

OF THE MEASURES OF ALLEGIANCE

Those political writers, who have had recourse to a promise, or original contract, as the source of our allegiance to government, intended to establish a principle, which is perfectly just and reasonable; though the reasoning, upon which they endeavoured to establish it, was fallacious and sophistical. They would prove, that our submission to government admits of exceptions, and that an egregious tyranny in the rulers is sufficient to free the subjects from all ties of allegiance. Since men enter into society, say they, and submit themselves to government, by their free and voluntary consent, they must have in view certain advantages, which they propose to reap from it, and for which they are contented to resign their native liberty. There is, therefore, something mutual engaged on the part of the magistrate, viz, protection and security; and it is only by the hopes he affords of these advantages, that he can ever persuade men to submit to him. But when instead of protection and security, they meet with tyranny and oppression, they are freed from their promises, (as happens in all conditional contracts) and return to that state of liberty, which preceded the institution of government. Men would never be so foolish as to enter into such engagements as should turn entirely to the advantage of others, without any view of bettering their own condition. Whoever proposes to draw any profit from our submission, must engage himself, either expressly or tacitly, to make us reap some advantage from his authority; nor ought he to expect, that without the performance of his part we will ever continue in obedience.

I repeat it: This conclusion is just, though the principles be erroneous; and I flatter myself, that I can establish the same conclusion on more reasonable principles. I shall not take such a compass, in establishing our political duties, as to assert, that men perceive the advantages of government; that they institute government with a view to those advantages; that this institution requires a promise of obedience; which imposes a moral obligation to a certain degree, but being conditional, ceases to be binding, whenever the other contracting party performs not his part of the engagement. I perceive, that a promise itself arises entirely from human conventions, and is invented with a view to a certain interest. I seek, therefore, some such interest more immediately connected with government, and which may be at once the original motive to its institution, and the source of our obedience to it. This interest I find to consist in the security and protection, which we enjoy in political society, and which we can never attain, when perfectly free and independent. As interest, therefore, is the immediate sanction of government, the one can have no longer being than the other; and whenever the civil magistrate carries his oppression so far as to render his authority perfectly intolerable, we are no longer bound to submit to it. The cause ceases; the effect must cease also.

So far the conclusion is immediate and direct, concerning the natural obligation which we have to allegiance. As to the moral obligation, we may observe, that the maxim would here be false, that when the cause ceases, the effect must cease also. For there is a principle of human nature, which we have frequently taken notice of, that men are mightily addicted to general rules, and that we often carry our maxims beyond those reasons, which first induced us to establish them. Where cases are similar in many circumstances, we are apt to put them on the same footing, without considering, that they differ in the most material circumstances, and that the resemblance is more apparent than real. It may, therefore, be thought, that in the case of allegiance our moral obligation of duty will not cease, even though the natural obligation of interest, which is its cause, has ceased; and that men may be bound by conscience to submit to a tyrannical government against their own and the public interest. And indeed, to the force of this argument I so far submit, as to acknowledge, that general rules commonly extend beyond the principles, on which they are founded; and that we seldom make any exception to them, unless that exception have the qualities of a general rule, and be founded on very numerous and common instances. Now this I assert to be entirely the present case. When men submit to the authority of others, it is to procure themselves some security against the wickedness and injustice of men, who are perpetually carried, by their unruly passions, and by their present and immediate interest, to the violation of all the laws of society. But as this imperfection is inherent in human nature, we know that it must attend men in all their states and conditions; and that these, whom we chuse for rulers, do not immediately become of a superior nature to the rest of mankind, upon account of their superior power and authority. What we expect from them depends not on a change of their nature but of their situation, when they acquire a more immediate interest in the preservation of order and the execution of justice. But besides that this interest is only more immediate in the execution of justice among their subjects; besides this, I say, we may often expect, from the irregularity of human nature, that they will neglect even this immediate interest, and be transported by their passions into all the excesses of cruelty and ambition.. Our general knowledge of human nature, our observation of the past history of mankind, our experience of present times; all these causes must induce us to open the door to exceptions, and must make us conclude, that we may resist the more violent effects of supreme power, without any crime or injustice.

Accordingly we may observe, that this is both the general practice and principle of mankind, and that no nation, that could find any remedy, ever yet suffered the cruel ravages of a tyrant, or were blamed for their resistance. Those who took up arms against Dionysius or Nero, or Philip the second, have the favour of every reader in the perusal of their history: and nothing but the most violent perversion of common sense can ever lead us to condemn them. It is certain, therefore, that in all our notions of morals we never entertain such an absurdity as that of passive obedience, but make allowances for resistance in the more flagrant instances of tyranny and oppression. The general opinion of mankind has some authority in all cases; but in this of morals it is perfectly infallible. Nor is it less infallible, because men cannot distinctly explain the principles, on which it is founded. Few persons can carry on this train of reasoning:

Government is a mere human invention for the interest of society. Where the tyranny of the governor removes this interest, it also removes the natural obligation to obedience. The moral obligation is founded on the natural, and therefore must cease where that ceases; especially where the subject is such as makes us foresee very many occasions wherein the natural obligation may cease, and causes us to form a kind of general rule for the regulation of our conduct in such occurrences.

But though this train of reasoning be too subtile for the vulgar, it is certain, that all men have an implicit notion of it, and are sensible, that they owe obedience to government merely on account of the public interest; and at the same time, that human nature is so subject to frailties and passions, as may easily pervert this institution, and change their governors into tyrants and public enemies. If the sense of common interest were not our original motive to obedience, I would fain ask, what other principle is there in human nature capable of subduing the natural ambition of men, and forcing them to such a submission? Imitation and custom are not sufficient. For the question still recurs, what motive first produces those instances of submission, which we imitate, and that train of actions, which produces the custom? There evidently is no other principle than public interest; and if interest first produces obedience to government, the obligation to obedience must cease, whenever the interest ceases, in any great degree, and in a considerable number of instances.

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, it is 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 it is 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 society, 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 same voluntary conversation of men; and it is 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 it is 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 it is 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 dissentions, 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. It is 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. It is 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 chuse 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. It is 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 chuses that set of men for its objects. It is interest which gives the general instinct; but it is custom which gives the particular direction.

And here it is 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 cloaths, 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 phænomenon.

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, it was because these principles were counter-ballanced 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 enquiring 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. It was 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.