第 11 节
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公主站记 更新:2021-04-30 17:05 字数:9322
ional right; and therefore cannot come into play before the convention is completed; or the social compact is framed and accepted。 How; in settling the terms of the compact; will you proceed? By majorities? But suppose a minority objects; and demands two…thirds; three…fourths; or four…fifths; and votes against the majority rule; which is carried only by a simple plurality of votes; will the proceedings of the convention bind the dissenting minority? 62 What gives to the majority the right to govern the minority who dissent from its action?
On the supposition that society has rights not derived from individuals; and which are intrusted to the government; there is a good reason why the majority should prevail within the legitimate sphere of government; because the majority is the best representative practicable of society itself; and if the constitution secures to minorities and dissenting individuals their natural rights and their equal rights as citizens; they have no just cause of complaint; for the majority in such case has no power to tyrannize over them or to oppress them。 But the theory under examination denies that society has any rights except such as it derives from individuals who all have equal rights。 According to it; society is itself conventional; and created by free; independent; equal; sovereign individuals。 Society is a congress of sovereigns; in which no one has authority over another; and no one can be rightfully forced to submit to any decree against his will。 In such a congress the rule of the majority is manifestly improper; illegitimate; and invalid; unless adopted by unanimous consent。
But this is not all。 The individual is always the equal of himself; and if the government 63 derives its powers from the consent of the governed; he governs in the government; and parts with none of his original sovereignty。 The government is not his master; but his agent; as the principal only delegates; not surrenders; his rights and powers to the agent。 He is free at any time he pleases to recall the powers he has delegated; to give new instructions; or to dismiss him。 The sovereignty of the individual survives the compact; and persists through all the acts of his agent; the government。 He must; then; be free to withdraw from the compact whenever be judges it advisable。 Secession is perfectly legitimate if government is simply a contract between equals。 The disaffected; the criminal; the thief the government would send to prison; or the murderer it would hang; would be very likely to revoke his consent; and to secede from the state。 Any number of individuals large enough to count a majority among themselves; indisposed to pay the government taxes; or to perform the military service exacted; might hold a convention; adopt a secession ordinance; and declare themselves a free; independent; sovereign state; and bid defiance to the tax…collector and the provost…marshall; and that; too; without forfeiting their estates or changing their domicile。 Would 64 the government employ military force to coerce them back to their allegiance? By what right? Government is their agent; their creature; and no man owes allegiance to his own agent; or creature。
The compact could bind only temporarily; and could at any moment be dissolved。 Mr。 Jefferson saw this; and very consistently maintained that one generation has no power to bind another; and; as if this was not enough; he asserted the right of revolution; and gave it as his opinion that in every nation a revolution once in every generation is desirable; that is; according to his reckoning; once every nineteen years。 The doctrine that one generation has no power to bind its successor is not only a logical conclusion from the theory that governments derive their just powers from the consent of the governed; since a generation cannot give its consent before it is born; but is very convenient for a nation that has contracted a large national debt; yet; perhaps; not so convenient to the public creditor; since the new generation may take it into its head not to assume or discharge the obligations of its predecessor; but to repudiate them。 No man; certainly; can contract for any one but himself; and how then can the son be bound; without his own personal or 65 individual consent; freely given; by the obligations entered into by his father?
The social compact is necessarily limited to the individuals who form it; and as necessarily; unless renewed; expires with them。 It thus creates no state; no political corporation; which survives in all its rights and powers; though individuals die。 The state is on this theory a voluntary association; and in principle; except that it is not a secret society; in no respect differs from the Carbonari; or the Knights of the Golden Circle。 When Orsini attempted to execute the sentence of death on the Emperor of the French; in obedience to the order of the Carbonari; of which the Emperor was a member; he was; if the theory of the origin of government in compact be true; no more an assassin than was the officer who executed on the gallows the rebel spies and incendiaries Beal and Kennedy。
Certain it is that the alleged social compact has in it no social or civil element。 It does not and cannot create society。 It can give only an aggregation of individuals; and society is not an aggregation nor even an organization of individuals。 It is an organism; and individuals live in its life as well as it in theirs。 There is a real living solidarity; which makes individuals members of the social body; and members one 66 of another。 There is no society without individuals; and there are no individuals without society; but in society there is that which is not individual; and is more than all individuals。 The social compact is an attempt to substitute for this real living solidarity; which gives to society at once unity of life and diversity of members; an artificial solidarity; a fictitious unity for a real unity; and membership by contract for real living membership; a cork leg for that which nature herself gives。 Real government has its ground in this real living solidarity; and represents the social element; which is not individual; but above all individuals; as man is above men。 But the theory substitutes a simple agency for government; and makes each individual its principal。 It is an abuse of language to call this agency a government。 It has no one feature or element of government。 It has only an artificial unity; based on diversity; its authority is only personal; individual; and in no sense a public authority; representing a public will; a public right; or a public interest。 In no country could government be adopted and sustained if men were left to the wisdom or justness of their theories; or in the general affairs of life; acted on them。 Society; and government as representing society; has a real existence; life; facul… 67 ties; and organs of its own; not derived or derivable from individuals。 As well might it be maintained that the human body consists in and derives all its life from the particles of matter it assimilates from its food; and which are constantly escaping as to maintain that society derives its life; or government its powers; from individuals。 No mechanical aggregation of brute matter can make a living body; if there is no living and assimilating principle within; and no aggregation of individuals; however closely bound together by pacts or oaths; can make society where there is no informing social principle that aggregates and assimilates them to a living body; or produce that mystic existence called a state or commonwealth。
The origin of government in the Contrat Social supposes the nation to be a purely personal affair。 It gives the government no territorial status; and clothes it with no territorial rights or jurisdiction。 The government that could so originate would be; if any thing; a barbaric; not a republican government。 It has only the rights conferred on it; surrendered or delegated to it by individuals; and therefore; at best; only individual rights。 Individuals can confer only such rights as they have in the supposed state of nature。 In that state there is 68 neither private nor public domain。 The earth in that state is not property; and is open to the first occupant; and the occupant can lay no claim to any more than he actually occupies。 Whence; then; does government derive its territorial jurisdiction; and its right of eminent domain claimed by all national governments? Whence its title to vacant or unoccupied lands? How does any particular government fix its territorial boundaries; and obtain the right to prescribe who may occupy; and on what conditions the vacant lands within those boundaries? Whence does it get its jurisdiction of navigable rivers; lakes; bays; and the seaboard within its territorial limits; as appertaining to its domain? Here