A Discourse Upon the Origin and the Foundation of the Inequality Among Mankind Part 2

Everything now begins to wear a new aspect. Those who heretofore wandered through the woods, by taking to a more settled way of life, gradually flock together, coalesce into several separate bodies, and at length form in every country distinct nations, united in character and manners, not by any laws or regulations, but by an uniform manner of life, a sameness of provisions, and the common influence of the climate. A permanent neighborhood must at last infallibly create some connection between different families. The transitory commerce required by nature soon produced, among the youth of both s.e.xes living in contiguous cabins, another kind of commerce, which besides being equally agreeable is rendered more durable by mutual intercourse. Men begin to consider different objects, and to make comparisons; they insensibly acquire ideas of merit and beauty, and these soon produce sentiments of preference. By seeing each other often they contract a habit, which makes it painful not to see each other always. Tender and agreeable sentiments steal into the soul, and are by the smallest opposition wound up into the most impetuous fury: Jealousy kindles with love; discord triumphs; and the gentlest of pa.s.sions requires sacrifices of human blood to appease it.

In proportion as ideas and sentiments succeed each other, and the head and the heart exercise themselves, men continue to shake off their original wildness, and their connections become more intimate and extensive. They now begin to a.s.semble round a great tree: singing and dancing, the genuine offspring of love and leisure, become the amus.e.m.e.nt or rather the occupation of the men and women, free from care, thus gathered together. Every one begins to survey the rest, and wishes to be surveyed himself; and public esteem acquires a value. He who sings or dances best; the handsomest, the strongest, the most dexterous, the most eloquent, comes to be the most respected: this was the first step towards inequality, and at the same time towards vice.

From these first preferences there proceeded on one side vanity and contempt, on the other envy and shame; and the fermentation raised by these new leavens at length produced combinations fatal to happiness and innocence.

Men no sooner began to set a value upon each other, and know what esteem was, than each laid claim to it, and it was no longer safe for any man to refuse it to another. Hence the first duties of civility and politeness, even among savages; and hence every voluntary injury became an affront, as besides the mischief, which resulted from it as an injury, the party offended was sure to find in it a contempt for his person more intolerable than the mischief itself. It was thus that every man, punis.h.i.+ng the contempt expressed for him by others in proportion to the value he set upon himself, the effects of revenge became terrible, and men learned to be sanguinary and cruel. Such precisely was the degree attained by most of the savage nations with whom we are acquainted. And it is for want of sufficiently distinguis.h.i.+ng ideas, and observing at how great a distance these people were from the first state of nature, that so many authors have hastily concluded that man is naturally cruel, and requires a regular system of police to be reclaimed; whereas nothing can be more gentle than he in his primitive state, when placed by nature at an equal distance from the stupidity of brutes, and the pernicious good sense of civilized man; and equally confined by instinct and reason to the care of providing against the mischief which threatens him, he is withheld by natural compa.s.sion from doing any injury to others, so far from being ever so little p.r.o.ne even to return that which he has received. For according to the axiom of the wise Locke, Where there is no property, there can be no injury.

But we must take notice, that the society now formed and the relations now established among men required in them qualities different from those, which they derived from their primitive const.i.tution; that as a sense of morality began to insinuate itself into human actions, and every man, before the enacting of laws, was the only judge and avenger of the injuries he had received, that goodness of heart suitable to the pure state of nature by no means suited infant society; that it was necessary punishments should become severer in the same proportion that the opportunities of offending became more frequent, and the dread of vengeance add strength to the too weak curb of the law. Thus, though men were become less patient, and natural compa.s.sion had already suffered some alteration, this period of the development of the human faculties, holding a just mean between the indolence of the primitive state, and the petulant activity of self-love, must have been the happiest and most durable epoch. The more we reflect on this state, the more convinced we shall be, that it was the least subject of any to revolutions, the best for man, and that nothing could have drawn him out of it but some fatal accident, which, for the public good, should never have happened. The example of the savages, most of whom have been found in this condition, seems to confirm that mankind was formed ever to remain in it, that this condition is the real youth of the world, and that all ulterior improvements have been so many steps, in appearance towards the perfection of individuals, but in fact towards the decrepitness of the species.

As long as men remained satisfied with their rustic cabins; as long as they confined themselves to the use of clothes made of the skins of other animals, and the use of thorns and fish-bones, in putting these skins together; as long as they continued to consider feathers and sh.e.l.ls as sufficient ornaments, and to paint their bodies of different colours, to improve or ornament their bows and arrows, to form and scoop out with sharp-edged stones some little fis.h.i.+ng boats, or clumsy instruments of music; in a word, as long as they undertook such works only as a single person could finish, and stuck to such arts as did not require the joint endeavours of several hands, they lived free, healthy, honest and happy, as much as their nature would admit, and continued to enjoy with each other all the pleasures of an independent intercourse; but from the moment one man began to stand in need of another's a.s.sistance; from the moment it appeared an advantage for one man to possess the quant.i.ty of provisions requisite for two, all equality vanished; property started up; labour became necessary; and boundless forests became smiling fields, which it was found necessary to water with human sweat, and in which slavery and misery were soon seen to sprout out and grow with the fruits of the earth.

Metallurgy and agriculture were the two arts whose invention produced this great revolution. With the poet, it is gold and silver, but with the philosopher it is iron and corn, which have civilized men, and ruined mankind. Accordingly both one and the other were unknown to the savages of America, who for that very reason have always continued savages; nay other nations seem to have continued in a state of barbarism, as long as they continued to exercise one only of these arts without the other; and perhaps one of the best reasons that can be a.s.signed, why Europe has been, if not earlier, at least more constantly and better civilized than the other quarters of the world, is that she both abounds most in iron and is best qualified to produce corn.

It is a very difficult matter to tell how men came to know anything of iron, and the art of employing it: for we are not to suppose that they should of themselves think of digging it out of the mines, and preparing it for fusion, before they knew what could be the result of such a process. On the other hand, there is the less reason to attribute this discovery to any accidental fire, as mines are formed nowhere but in dry and barren places, and such as are bare of trees and plants, so that it looks as if nature had taken pains to keep from us so mischievous a secret. Nothing therefore remains but the extraordinary circ.u.mstance of some volcano, which, belching forth metallic substances ready fused, might have given the spectators a notion of imitating that operation of nature; and after all we must suppose them endued with an extraordinary stock of courage and foresight to undertake so painful a work, and have, at so great a distance, an eye to the advantages they might derive from it; qualities scarcely suitable but to heads more exercised, than those of such discoverers can be supposed to have been.

As to agriculture, the principles of it were known a long time before the practice of it took place, and it is hardly possible that men, constantly employed in drawing their subsistence from trees and plants, should not have early hit on the means employed by nature for the generation of vegetables; but in all probability it was very late before their industry took a turn that way, either because trees, which with their land and water game supplied them with sufficient food, did not require their attention; or because they did not know the use of corn; or because they had no instruments to cultivate it; or because they were dest.i.tute of foresight in regard to future necessities; or in fine, because they wanted means to hinder others from running away with the fruit of their labours. We may believe that on their becoming more industrious they began their agriculture by cultivating with sharp stones and pointed sticks a few pulse or roots about their cabins; and that it was a long time before they knew the method of preparing corn, and were provided with instruments necessary to raise it in large quant.i.ties; not to mention the necessity there is, in order to follow this occupation and sow lands, to consent to lose something at present to gain a great deal hereafter; a precaution very foreign to the turn of man's mind in a savage state, in which, as I have already taken notice, he can hardly foresee his wants from morning to night.

For this reason the invention of other arts must have been necessary to oblige mankind to apply to that of agriculture. As soon as men were wanted to fuse and forge iron, others were wanted to maintain them. The more hands were employed in manufactures, the fewer hands were left to provide subsistence for all, though the number of mouths to be supplied with food continued the same; and as some required commodities in exchange for their iron, the rest at last found out the method of making iron subservient to the multiplication of commodities. Hence on the one hand husbandry and agriculture, and on the other the art of working metals and of multiplying the uses of them.

To the tilling of the earth the distribution of it necessarily succeeded, and to property once acknowledged, the first rules of justice: for to secure every man his own, every man must have something. Moreover, as men began to extend their views to futurity, and all found themselves in possession of more or less goods capable of being lost, every one in particular had reason to fear, lest reprisals should be made on him for any injury he might do to others.

This origin is so much the more natural, as it is impossible to conceive how property can flow from any other source but industry; for what can a man add but his labour to things which he has not made, in order to acquire a property in them? 'Tis the labour of the hands alone, which giving the husbandman a t.i.tle to the produce of the land he has tilled gives him a t.i.tle to the land itself, at least till he has gathered in the fruits of it, and so on from year to year; and this enjoyment forming a continued possession is easily transformed into a property. The ancients, says Grotius, by giving to Ceres the epithet of Legislatrix, and to a festival celebrated in her honour the name of Thesmorphoria, insinuated that the distribution of lands produced a new kind of right; that is, the right of property different from that which results from the law of nature.

Things thus circ.u.mstanced might have remained equal, if men's talents had been equal, and if, for instance, the use of iron, and the consumption of commodities had always held an exact proportion to each other; but as this proportion had no support, it was soon broken. The man that had most strength performed most labour; the most dexterous turned his labour to best account; the most ingenious found out methods of lessening his labour; the husbandman required more iron, or the smith more corn, and while both worked equally, one earned a great deal by his labour, while the other could scarce live by his. It is thus that natural inequality insensibly unfolds itself with that arising from a variety of combinations, and that the difference among men, developed by the difference of their circ.u.mstances, becomes more sensible, more permanent in its effects, and begins to influence in the same proportion the condition of private persons.

Things once arrived at this period, it is an easy matter to imagine the rest. I shall not stop to describe the successive inventions of other arts, the progress of language, the trial and employments of talents, the inequality of fortunes, the use or abuse of riches, nor all the details which follow these, and which every one may easily supply. I shall just give a glance at mankind placed in this new order of things.

Behold then all our faculties developed; our memory and imagination at work, self-love interested; reason rendered active; and the mind almost arrived at the utmost bounds of that perfection it is capable of. Behold all our natural qualities put in motion; the rank and condition of every man established, not only as to the quantum of property and the power of serving or hurting others, but likewise as to genius, beauty, strength or address, merit or talents; and as these were the only qualities which could command respect, it was found necessary to have or at least to affect them. It was requisite for men to be thought what they really were not. To be and to appear became two very different things, and from this distinction sprang pomp and knavery, and all the vices which form their train. On the other hand, man, heretofore free and independent, was now in consequence of a mult.i.tude of new wants brought under subjection, as it were, to all nature, and especially to his fellows, whose slave in some sense he became even by becoming their master; if rich, he stood in need of their services, if poor, of their a.s.sistance; even mediocrity itself could not enable him to do without them. He must therefore have been continually at work to interest them in his happiness, and make them, if not really, at least apparently find their advantage in labouring for his: this rendered him sly and artful in his dealings with some, imperious and cruel in his dealings with others, and laid him under the necessity of using ill all those whom he stood in need of, as often as he could not awe them into a compliance with his will, and did not find it his interest to purchase it at the expense of real services. In fine, an insatiable ambition, the rage of raising their relative fortunes, not so much through real necessity, as to over-top others, inspire all men with a wicked inclination to injure each other, and with a secret jealousy so much the more dangerous, as to carry its point with the greater security, it often puts on the face of benevolence. In a word, sometimes nothing was to be seen but a contention of endeavours on the one hand, and an opposition of interests on the other, while a secret desire of thriving at the expense of others constantly prevailed. Such were the first effects of property, and the inseparable attendants of infant inequality.

Riches, before the invention of signs to represent them, could scarce consist in anything but lands and cattle, the only real goods which men can possess. But when estates increased so much in number and in extent as to take in whole countries and touch each other, it became impossible for one man to aggrandise himself but at the expense of some other; and the supernumerary inhabitants, who were too weak or too indolent to make such acquisitions in their turn, impoverished without losing anything, because while everything about them changed they alone remained the same, were obliged to receive or force their subsistence from the hands of the rich. And hence began to flow, according to the different characters of each, domination and slavery, or violence and rapine. The rich on their side scarce began to taste the pleasure of commanding, when they preferred it to every other; and making use of their old slaves to acquire new ones, they no longer thought of anything but subduing and enslaving their neighbours; like those ravenous wolves, who having once tasted human flesh, despise every other food, and devour nothing but men for the future.

It is thus that the most powerful or the most wretched, respectively considering their power and wretchedness as a kind of t.i.tle to the substance of others, even equivalent to that of property, the equality once broken was followed by the most shocking disorders. It is thus that the usurpations of the rich, the pillagings of the poor, and the unbridled pa.s.sions of all, by stifling the cries of natural compa.s.sion, and the as yet feeble voice of justice, rendered man avaricious, wicked and ambitious. There arose between the t.i.tle of the strongest, and that of the first occupier a perpetual conflict, which always ended in battery and bloodshed. Infant society became a scene of the most horrible warfare: Mankind thus debased and hara.s.sed, and no longer able to retreat, or renounce the unhappy acquisitions it had made; labouring, in short merely to its confusion by the abuse of those faculties, which in themselves do it so much honour, brought itself to the very brink of ruin and destruction.

Attonitus novitate mali, divesque miserque, Effugere optat opes; et quoe modo voverat, odit.

But it is impossible that men should not sooner or later have made reflections on so wretched a situation, and upon the calamities with which they were overwhelmed. The rich in particular must have soon perceived how much they suffered by a perpetual war, of which they alone supported all the expense, and in which, though all risked life, they alone risked any substance. Besides, whatever colour they might pretend to give their usurpations, they sufficiently saw that these usurpations were in the main founded upon false and precarious t.i.tles, and that what they had acquired by mere force, others could again by mere force wrest out of their hands, without leaving them the least room to complain of such a proceeding. Even those, who owed all their riches to their own industry, could scarce ground their acquisitions upon a better t.i.tle. It availed them nothing to say, 'Twas I built this wall; I acquired this spot by my labour. Who traced it out for you, another might object, and what right have you to expect payment at our expense for doing that we did not oblige you to do? Don't you know that numbers of your brethren perish, or suffer grievously for want of what you possess more than suffices nature, and that you should have had the express and unanimous consent of mankind to appropriate to yourself of their common, more than was requisite for your private subsistence? Dest.i.tute of solid reasons to justify, and sufficient force to defend himself; crus.h.i.+ng individuals with ease, but with equal ease crushed by numbers; one against all, and unable, on account of mutual jealousies, to unite with his equals against banditti united by the common hopes of pillage; the rich man, thus pressed by necessity, at last conceived the deepest project that ever entered the human mind: this was to employ in his favour the very forces that attacked him, to make allies of his enemies, to inspire them with other maxims, and make them adopt other inst.i.tutions as favourable to his pretensions, as the law of nature was unfavourable to them.

With this view, after laying before his neighbours all the horrors of a situation, which armed them all one against another, which rendered their possessions as burdensome as their wants were intolerable, and in which no one could expect any safety either in poverty or riches, he easily invented specious arguments to bring them over to his purpose. "Let us unite," said he, "to secure the weak from oppression, restrain the ambitious, and secure to every man the possession of what belongs to him: Let us form rules of justice and peace, to which all may be obliged to conform, which shall not except persons, but may in some sort make amends for the caprice of fortune, by submitting alike the powerful and the weak to the observance of mutual duties. In a word, instead of turning our forces against ourselves, let us collect them into a sovereign power, which may govern us by wise laws, may protect and defend all the members of the a.s.sociation, repel common enemies, and maintain a perpetual concord and harmony among us."

Much fewer words of this kind were sufficient to draw in a parcel of rustics, whom it was an easy matter to impose upon, who had besides too many quarrels among themselves to live without arbiters, and too much avarice and ambition to live long without masters. All offered their necks to the yoke in hopes of securing their liberty; for though they had sense enough to perceive the advantages of a political const.i.tution, they had not experience enough to see beforehand the dangers of it; those among them, who were best qualified to foresee abuses, were precisely those who expected to benefit by them; even the soberest judged it requisite to sacrifice one part of their liberty to ensure the other, as a man, dangerously wounded in any of his limbs, readily parts with it to save the rest of his body.

Such was, or must have been, had man been left to himself, the origin of society and of the laws, which increased the fetters of the weak, and the strength of the rich; irretrievably destroyed natural liberty, fixed for ever the laws of property and inequality; changed an artful usurpation into an irrevocable t.i.tle; and for the benefit of a few ambitious individuals subjected the rest of mankind to perpetual labour, servitude, and misery. We may easily conceive how the establishment of a single society rendered that of all the rest absolutely necessary, and how, to make head against united forces, it became necessary for the rest of mankind to unite in their turn.

Societies once formed in this manner, soon multiplied or spread to such a degree, as to cover the face of the earth; and not to leave a corner in the whole universe, where a man could throw off the yoke, and withdraw his head from under the often ill-conducted sword which he saw perpetually hanging over it. The civil law being thus become the common rule of citizens, the law of nature no longer obtained but among the different societies, in which, under the name of the law of nations, it was qualified by some tacit conventions to render commerce possible, and supply the place of natural compa.s.sion, which, losing by degrees all that influence over societies which it originally had over individuals, no longer exists but in some great souls, who consider themselves as citizens of the world, and forcing the imaginary barriers that separate people from people, after the example of the Sovereign Being from whom we all derive our existence, make the whole human race the object of their benevolence.

Political bodies, thus remaining in a state of nature among themselves, soon experienced the inconveniences which had obliged individuals to quit it; and this state became much more fatal to these great bodies, than it had been before to the individuals which now composed them. Hence those national wars, those battles, those murders, those reprisals, which make nature shudder and shock reason; hence all those horrible prejudices, which make it a virtue and an honour to shed human blood. The worthiest men learned to consider the cutting the throats of their fellows as a duty; at length men began to butcher each other by thousands without knowing for what; and more murders were committed in a single action, and more horrible disorders at the taking of a single town, than had been committed in the state of nature during ages together upon the whole face of the earth. Such are the first effects we may conceive to have arisen from the division of mankind into different societies. Let us return to their inst.i.tution.

I know that several writers have a.s.signed other origins of political society; as for instance, the conquests of the powerful, or the union of the weak; and it is no matter which of these causes we adopt in regard to what I am going to establish; that, however, which I have just laid down, seems to me the most natural, for the following reasons: First, because, in the first case, the right of conquest being in fact no right at all, it could not serve as a foundation for any other right, the conqueror and the conquered ever remaining with respect to each other in a state of war, unless the conquered, restored to the full possession of their liberty, should freely choose their conqueror for their chief. Till then, whatever capitulations might have been made between them, as these capitulations were founded upon violence, and of course _de facto_ null and void, there could not have existed in this hypothesis either a true society, or a political body, or any other law but that of the strongest. Second, because these words strong and weak, are ambiguous in the second case; for during the interval between the establishment of the right of property or prior occupation and that of political government, the meaning of these terms is better expressed by the words poor and rich, as before the establishment of laws men in reality had no other means of reducing their equals, but by invading the property of these equals, or by parting with some of their own property to them. Third, because the poor having nothing but their liberty to lose, it would have been the height of madness in them to give up willingly the only blessing they had left without obtaining some consideration for it: whereas the rich being sensible, if I may say so, in every part of their possessions, it was much easier to do them mischief, and therefore more inc.u.mbent upon them to guard against it; and because, in fine, it is but reasonable to suppose, that a thing has been invented by him to whom it could be of service rather than by him to whom it must prove detrimental.

Government in its infancy had no regular and permanent form. For want of a sufficient fund of philosophy and experience, men could see no further than the present inconveniences, and never thought of providing remedies for future ones, but in proportion as they arose.

In spite of all the labours of the wisest legislators, the political state still continued imperfect, because it was in a manner the work of chance; and, as the foundations of it were ill laid, time, though sufficient to discover its defects and suggest the remedies for them, could never mend its original vices. Men were continually repairing; whereas, to erect a good edifice, they should have begun as Lycurgus did at Sparta, by clearing the area, and removing the old materials.

Society at first consisted merely of some general conventions which all the members bound themselves to observe, and for the performance of which the whole body became security to every individual.

Experience was necessary to show the great weakness of such a const.i.tution, and how easy it was for those, who infringed it, to escape the conviction or chastis.e.m.e.nt of faults, of which the public alone was to be both the witness and the judge; the laws could not fail of being eluded a thousand ways; inconveniences and disorders could not but multiply continually, till it was at last found necessary to think of committing to private persons the dangerous trust of public authority, and to magistrates the care of enforcing obedience to the people: for to say that chiefs were elected before confederacies were formed, and that the ministers of the laws existed before the laws themselves, is a supposition too ridiculous to deserve I should seriously refute it.

It would be equally unreasonable to imagine that men at first threw themselves into the arms of an absolute master, without any conditions or consideration on his side; and that the first means contrived by jealous and unconquered men for their common safety was to run hand over head into slavery. In fact, why did they give themselves superiors, if it was not to be defended by them against oppression, and protected in their lives, liberties, and properties, which are in a manner the const.i.tutional elements of their being? Now in the relations between man and man, the worst that can happen to one man being to see himself at the discretion of another, would it not have been contrary to the dictates of good sense to begin by making over to a chief the only things for the preservation of which they stood in need of his a.s.sistance? What equivalent could he have offered them for so fine a privilege? And had he presumed to exact it on pretense of defending them, would he not have immediately received the answer in the apologue? What worse treatment can we expect from an enemy? It is therefore past dispute, and indeed a fundamental maxim of political law, that people gave themselves chiefs to defend their liberty and not be enslaved by them. If we have a prince, said Pliny to Trajan, it is in order that he may keep us from having a master.

Political writers argue in regard to the love of liberty with the same philosophy that philosophers do in regard to the state of nature; by the things they see they judge of things very different which they have never seen, and they attribute to men a natural inclination to slavery, on account of the patience with which the slaves within their notice carry the yoke; not reflecting that it is with liberty as with innocence and virtue, the value of which is not known but by those who possess them, though the relish for them is lost with the things themselves. I know the charms of your country, said Brasidas to a satrap who was comparing the life of the Spartans with that of the Persepolites; but you can not know the pleasures of mine.

As an unbroken courser erects his mane, paws the ground, and rages at the bare sight of the bit, while a trained horse patiently suffers both whip and spur, just so the barbarian will never reach his neck to the yoke which civilized man carries without murmuring but prefers the most stormy liberty to a calm subjection. It is not therefore by the servile disposition of enslaved nations that we must judge of the natural dispositions of man for or against slavery, but by the prodigies done by every free people to secure themselves from oppression. I know that the first are constantly crying up that peace and tranquillity they enjoy in their irons, and that _miserrimam servitutem pacem appellant_: but when I see the others sacrifice pleasures, peace, riches, power, and even life itself to the preservation of that single jewel so much slighted by those who have lost it; when I see free-born animals through a natural abhorrence of captivity dash their brains out against the bars of their prison; when I see mult.i.tudes of naked savages despise European pleasures, and brave hunger, fire and sword, and death itself to preserve their independency; I feel that it belongs not to slaves to argue concerning liberty.

As to paternal authority, from which several have derived absolute government and every other mode of society, it is sufficient, without having recourse to Locke and Sidney, to observe that nothing in the world differs more from the cruel spirit of despotism that the gentleness of that authority, which looks more to the advantage of him who obeys than to the utility of him who commands; that by the law of nature the father continues master of his child no longer than the child stands in need of his a.s.sistance; that after that term they become equal, and that then the son, entirely independent of the father, owes him no obedience, but only respect. Grat.i.tude is indeed a duty which we are bound to pay, but which benefactors can not exact.

Instead of saying that civil society is derived from paternal authority, we should rather say that it is to the former that the latter owes its princ.i.p.al force: No one individual was acknowledged as the father of several other individuals, till they settled about him.

The father's goods, which he can indeed dispose of as he pleases, are the ties which hold his children to their dependence upon him, and he may divide his substance among them in proportion as they shall have deserved his attention by a continual deference to his commands. Now the subjects of a despotic chief, far from having any such favour to expect from him, as both themselves and all they have are his property, or at least are considered by him as such, are obliged to receive as a favour what he relinquishes to them of their own property. He does them justice when he strips them; he treats them with mercy when he suffers them to live. By continuing in this manner to compare facts with right, we should discover as little solidity as truth in the voluntary establishment of tyranny; and it would be a hard matter to prove the validity of a contract which was binding only on one side, in which one of the parties should stake everything and the other nothing, and which could turn out to the prejudice of him alone who had bound himself.

This odious system is even, at this day, far from being that of wise and good monarchs, and especially of the kings of France, as may be seen by divers pa.s.sages in their edicts, and particularly by that of a celebrated piece published in 1667 in the name and by the orders of Louis XIV. "Let it therefore not be said that the sovereign is not subject to the laws of his realm, since, that he is, is a maxim of the law of nations which flattery has sometimes attacked, but which good princes have always defended as the tutelary divinity of their realms.

How much more reasonable is it to say with the sage Plato, that the perfect happiness of a state consists in the subjects obeying their prince, the prince obeying the laws, and the laws being equitable and always directed to the good of the public?" I shall not stop to consider, if, liberty being the most n.o.ble faculty of man, it is not degrading one's nature, reducing one's self to the level of brutes, who are the slaves of instinct, and even offending the author of one's being, to renounce without reserve the most precious of his gifts, and submit to the commission of all the crimes he has forbid us, merely to gratify a mad or a cruel master; and if this sublime artist ought to be more irritated at seeing his work destroyed than at seeing it dishonoured. I shall only ask what right those, who were not afraid thus to degrade themselves, could have to subject their dependants to the same ignominy, and renounce, in the name of their posterity, blessings for which it is not indebted to their liberality, and without which life itself must appear a burthen to all those who are worthy to live.

Puffendorf says that, as we can transfer our property from one to another by contracts and conventions, we may likewise divest ourselves of our liberty in favour of other men. This, in my opinion, is a very poor way of arguing; for, in the first place, the property I cede to another becomes by such cession a thing quite foreign to me, and the abuse of which can no way affect me; but it concerns me greatly that my liberty is not abused, and I can not, without incurring the guilt of the crimes I may be forced to commit, expose myself to become the instrument of any. Besides, the right of property being of mere human convention and inst.i.tution, every man may dispose as he pleases of what he possesses: But the case is otherwise with regard to the essential gifts of nature, such as life and liberty, which every man is permitted to enjoy, and of which it is doubtful at least whether any man has a right to divest himself: By giving up the one, we degrade our being; by giving up the other we annihilate it as much as it is our power to do so; and as no temporal enjoyments can indemnify us for the loss of either, it would be at once offending both nature and reason to renounce them for any consideration. But though we could transfer our liberty as we do our substance, the difference would be very great with regard to our children, who enjoy our substance but by a cession of our right; whereas liberty being a blessing, which as men they hold from nature, their parents have no right to strip them of it; so that as to establish slavery it was necessary to do violence to nature, so it was necessary to alter nature to perpetuate such a right; and the jurisconsults, who have gravely p.r.o.nounced that the child of a slave comes a slave into the world, have in other words decided, that a man does not come a man into the world.

It therefore appears to me incontestably true, that not only governments did not begin by arbitrary power, which is but the corruption and extreme term of government, and at length brings it back to the law of the strongest, against which governments were at first the remedy, but even that, allowing they had commenced in this manner, such power being illegal in itself could never have served as a foundation to the rights of society, nor of course to the inequality of inst.i.tution.

I shall not now enter upon the inquiries which still remain to be made into the nature of the fundamental pacts of every kind of government, but, following the common opinion, confine myself in this place to the establishment of the political body as a real contract between the mult.i.tude and the chiefs elected by it. A contract by which both parties oblige themselves to the observance of the laws that are therein stipulated, and form the bands of their union. The mult.i.tude having, on occasion of the social relations between them, concentered all their wills in one person, all the articles, in regard to which this will explains itself, become so many fundamental laws, which oblige without exception all the members of the state, and one of which laws regulates the choice and the power of the magistrates appointed to look to the execution of the rest. This power extends to everything that can maintain the const.i.tution, but extends to nothing that can alter it. To this power are added honours, that may render the laws and the ministers of them respectable; and the persons of the ministers are distinguished by certain prerogatives, which may make them amends for the great fatigues inseparable from a good administration. The magistrate, on his side, obliges himself not to use the power with which he is intrusted but conformably to the intention of his const.i.tuents, to maintain every one of them in the peaceable possession of his property, and upon all occasions prefer the good of the public to his own private interest.

Before experience had demonstrated, or a thorough knowledge of the human heart had pointed out, the abuses inseparable from such a const.i.tution, it must have appeared so much the more perfect, as those appointed to look to its preservation were themselves most concerned therein; for magistracy and its rights being built solely on the fundamental laws, as soon as these ceased to exist, the magistrates would cease to be lawful, the people would no longer be bound to obey them, and, as the essence of the state did not consist in the magistrates but in the laws, the members of it would immediately become ent.i.tled to their primitive and natural liberty.

A little reflection would afford us new arguments in confirmation of this truth, and the nature of the contract might alone convince us that it can not be irrevocable: for if there was no superior power capable of guaranteeing the fidelity of the contracting parties and of obliging them to fulfil their mutual engagements, they would remain sole judges in their own cause, and each of them would always have a right to renounce the contract, as soon as he discovered that the other had broke the conditions of it, or that these conditions ceased to suit his private convenience. Upon this principle, the right of abdication may probably be founded. Now, to consider as we do nothing but what is human in this inst.i.tution, if the magistrate, who has all the power in his own hands, and who appropriates to himself all the advantages of the contract, has notwithstanding a right to divest himself of his authority; how much a better right must the people, who pay for all the faults of its chief, have to renounce their dependence upon him. But the shocking dissensions and disorders without number, which would be the necessary consequence of so dangerous a privilege, show more than anything else how much human governments stood in need of a more solid basis than that of mere reason, and how necessary it was for the public tranquillity, that the will of the Almighty should interpose to give to sovereign authority, a sacred and inviolable character, which should deprive subjects of the mischievous right to dispose of it to whom they pleased. If mankind had received no other advantages from religion, this alone would be sufficient to make them adopt and cherish it, since it is the means of saving more blood than fanaticism has been the cause of spilling. But to resume the thread of our hypothesis.

The various forms of government owe their origin to the various degrees of inequality between the members, at the time they first coalesced into a political body. Where a man happened to be eminent for power, for virtue, for riches, or for credit, he became sole magistrate, and the state a.s.sumed a monarchical form; if many of pretty equal eminence out-topped all the rest, they were jointly elected, and this election produced an aristocracy; those, between whose fortune or talents there happened to be no such disproportion, and who had deviated less from the state of nature, retained in common the supreme administration, and formed a democracy. Time demonstrated which of these forms suited mankind best. Some remained altogether subject to the laws; others soon bowed their necks to masters. The former laboured to preserve their liberty; the latter thought of nothing but invading that of their neighbours, jealous at seeing others enjoy a blessing which themselves had lost. In a word, riches and conquest fell to the share of the one, and virtue and happiness to that of the other.

In these various modes of government the offices at first were all elective; and when riches did not preponderate, the preference was given to merit, which gives a natural ascendant, and to age, which is the parent of deliberateness in council, and experience in execution.

The ancients among the Hebrews, the Geronts of Sparta, the Senate of Rome, nay, the very etymology of our word seigneur, show how much gray hairs were formerly respected. The oftener the choice fell upon old men, the oftener it became necessary to repeat it, and the more the trouble of such repet.i.tions became sensible; electioneering took place; factions arose; the parties contracted ill blood; civil wars blazed forth; the lives of the citizens were sacrificed to the pretended happiness of the state; and things at last came to such a pa.s.s, as to be ready to relapse into their primitive confusion. The ambition of the princ.i.p.al men induced them to take advantage of these circ.u.mstances to perpetuate the hitherto temporary charges in their families; the people already inured to dependence, accustomed to ease and the conveniences of life, and too much enervated to break their fetters, consented to the increase of their slavery for the sake of securing their tranquillity; and it is thus that chiefs, become hereditary, contracted the habit of considering magistracies as a family estate, and themselves as proprietors of those communities, of which at first they were but mere officers; to call their fellow-citizens their slaves; to look upon them, like so many cows or sheep, as a part of their substance; and to style themselves the peers of G.o.ds, and Kings of Kings.

By pursuing the progress of inequality in these different revolutions, we shall discover that the establishment of laws and of the right of property was the first term of it; the inst.i.tution of magistrates the second; and the third and last the changing of legal into arbitrary power; so that the different states of rich and poor were authorized by the first epoch; those of powerful and weak by the second; and by the third those of master and slave, which formed the last degree of inequality, and the term in which all the rest at last end, till new revolutions entirely dissolve the government, or bring it back nearer to its legal const.i.tution.

To conceive the necessity of this progress, we are not so much to consider the motives for the establishment of political bodies, as the forms these bodies a.s.sume in their administration; and the inconveniences with which they are essentially attended; for those vices, which render social inst.i.tutions necessary, are the same which render the abuse of such inst.i.tutions unavoidable; and as (Sparta alone excepted, whose laws chiefly regarded the education of children, and where Lycurgus established such manners and customs, as in a great measure made laws needless,) the laws, in general less strong than the pa.s.sions, restrain men without changing them; it would be no hard matter to prove that every government, which carefully guarding against all alteration and corruption should scrupulously comply with the ends of its inst.i.tution, was unnecessarily inst.i.tuted; and that a country, where no one either eluded the laws, or made an ill use of magistracy, required neither laws nor magistrates.

Political distinctions are necessarily attended with civil distinctions. The inequality between the people and the chiefs increase so fast as to be soon felt by the private members, and appears among them in a thousand shapes according to their pa.s.sions, their talents, and the circ.u.mstances of affairs. The magistrate can not usurp any illegal power without making himself creatures, with whom he must divide it. Besides, the citizens of a free state suffer themselves to be oppressed merely in proportion as, hurried on by a blind ambition, and looking rather below than above them, they come to love authority more than independence. When they submit to fetters, 'tis only to be the better able to fetter others in their turn. It is no easy matter to make him obey, who does not wish to command; and the most refined policy would find it impossible to subdue those men, who only desire to be independent; but inequality easily gains ground among base and ambitious souls, ever ready to run the risks of fortune, and almost indifferent whether they command or obey, as she proves either favourable or adverse to them. Thus then there must have been a time, when the eyes of the people were bewitched to such a degree, that their rulers needed only to have said to the most pitiful wretch, "Be great you and all your posterity," to make him immediately appear great in the eyes of every one as well as in his own; and his descendants took still more upon them, in proportion to their removes from him: the more distant and uncertain the cause, the greater the effect; the longer line of drones a family produced, the more ill.u.s.trious it was reckoned.

Were this a proper place to enter into details, I could easily explain in what manner inequalities in point of credit and authority become unavoidable among private persons the moment that, united into one body, they are obliged to compare themselves one with another, and to note the differences which they find in the continual use every man must make of his neighbour. These differences are of several kinds; but riches, n.o.bility or rank, power and personal merit, being in general the princ.i.p.al distinctions, by which men in society measure each other, I could prove that the harmony or conflict between these different forces is the surest indication of the good or bad original const.i.tution of any state: I could make it appear that, as among these four kinds of inequality, personal qualities are the source of all the rest, riches is that in which they ultimately terminate, because, being the most immediately useful to the prosperity of individuals, and the most easy to communicate, they are made use of to purchase every other distinction. By this observation we are enabled to judge with tolerable exactness, how much any people has deviated from its primitive inst.i.tution, and what steps it has still to make to the extreme term of corruption. I could show how much this universal desire of reputation, of honours, of preference, with which we are all devoured, exercises and compares our talents and our forces: how much it excites and multiplies our pa.s.sions; and, by creating an universal compet.i.tion, rivals.h.i.+p, or rather enmity among men, how many disappointments, successes, and catastrophes of every kind it daily causes among the innumerable pretenders whom it engages in the same career. I could show that it is to this itch of being spoken of, to this fury of distinguis.h.i.+ng ourselves which seldom or never gives us a moment's respite, that we owe both the best and the worst things among us, our virtues and our vices, our sciences and our errors, our conquerors and our philosophers; that is to say, a great many bad things to a very few good ones. I could prove, in short, that if we behold a handful of rich and powerful men seated on the pinnacle of fortune and greatness, while the crowd grovel in obscurity and want, it is merely because the first prize what they enjoy but in the same degree that others want it, and that, without changing their condition, they would cease to be happy the minute the people ceased to be miserable.

But these details would alone furnish sufficient matter for a more considerable work, in which might be weighed the advantages and disadvantages of every species of government, relatively to the rights of man in a state of nature, and might likewise be unveiled all the different faces under which inequality has appeared to this day, and may hereafter appear to the end of time, according to the nature of these several governments, and the revolutions time must unavoidably occasion in them. We should then see the mult.i.tude oppressed by domestic tyrants in consequence of those very precautions taken by them to guard against foreign masters. We should see oppression increase continually without its being ever possible for the oppressed to know where it would stop, nor what lawful means they had left to check its progress. We should see the rights of citizens, and the liberties of nations extinguished by slow degrees, and the groans, and protestations and appeals of the weak treated as seditious murmurings.

We should see policy confine to a mercenary portion of the people the honour of defending the common cause. We should see imposts made necessary by such measures, the disheartened husbandman desert his field even in time of peace, and quit the plough to take up the sword.

We should see fatal and whimsical rules laid down concerning the point of honour. We should see the champions of their country sooner or later become her enemies, and perpetually holding their poniards to the b.r.e.a.s.t.s of their fellow citizens. Nay, the time would come when they might be heard to say to the oppressor of their country:

Pectore si fratris gladium juguloque parentis Condere me jubeas, gravidoeque in viscera partu Conjugis, in vita peragam tamen omnia dextra.

From the vast inequality of conditions and fortunes, from the great variety of pa.s.sions and of talents, of useless arts, of pernicious arts, of frivolous sciences, would issue clouds of prejudices equally contrary to reason, to happiness, to virtue. We should see the chiefs foment everything that tends to weaken men formed into societies by dividing them; everything that, while it gives society an air of apparent harmony, sows in it the seeds of real division; everything that can inspire the different orders with mutual distrust and hatred by an opposition of their rights and interest, and of course strengthen that power which contains them all.

'Tis from the bosom of this disorder and these revolutions, that despotism gradually rearing up her hideous crest, and devouring in every part of the state all that still remained sound and untainted, would at last issue to trample upon the laws and the people, and establish herself upon the ruins of the republic. The times immediately preceding this last alteration would be times of calamity and trouble: but at last everything would be swallowed up by the monster; and the people would no longer have chiefs or laws, but only tyrants. At this fatal period all regard to virtue and manners would likewise disappear; for despotism, _cui ex honesto nulla est spes_, tolerates no other master, wherever it reigns; the moment it speaks, probity and duty lose all their influence, and the blindest obedience is the only virtue the miserable slaves have left them to practise.

This is the last term of inequality, the extreme point which closes the circle and meets that from which we set out. 'Tis here that all private men return to their primitive equality, because they are no longer of any account; and that, the subjects having no longer any law but that of their master, nor the master any other law but his pa.s.sions, all notions of good and principles of justice again disappear. 'Tis here that everything returns to the sole law of the strongest, and of course to a new state of nature different from that with which we began, in as much as the first was the state of nature in its purity, and the last the consequence of excessive corruption.