Please Listen to: Introduction to “Liberty Defined” (2011) by Ron Paul
What was the Source of the phrase “… consent of the governed” in the Declaration of Independence? Scholars remind us Jefferson Adopted the Ideas of Locke and Placed Them in the Declaration of Independence which was Unanimously Signed by the Founders. (Note: It was not a simple majority, but unanimous. There was NO DISAGREEMENT over its adoption and publication). Modernly, in this 1 hour video Supreme Court Justice Antonin Scalia reminds the audience that the Constitution is not an evolving, living agreement which may be subject to the whims of the popular will of the present day or changing understandings of the moment for whatever expediency. Justice Scalia reminds us the Bill of Rights must be read in view of the understanding of its writers in 1791 (i.e. Thomas Jefferson, incorporating the writings of John Locke – see discussion below). WATCH VIDEO ON C-SPAN HERE.
In this instance, Jefferson’s clear and understood influence by John Locke and avoidance of Thomas Hobbes in the drafting of the Declaration of Independence must be acknowledged.
n. [L., to be of one mind, to agree; to think, feel or perceive. See Sense and Assent.]
1. Agreement of the mind to what is proposed or state by another; accord; hence, a yielding of the mind or will to that which is proposed; as, a parent gives his consent to the marriage of his daughter. We generally use this word in cases where power, rights, and claims are concerned. We give consent, when we yield that which we have a right to withhold; but we do not give consent to a mere opinion, or abstract proposition. In this case, we give our assent. But assent is also used in conceding what we may withhold. We give our assent to the marriage of a daughter. Consequently, assent has a more extensive application than consent. But the distinction is not always observed. Consent often amounts to permission.
Defraud ye not one another, except with consent for a time. 1 Corinthians 7.
2. Accord of minds; agreement; unity of opinion.
All with one consent began to make excuse. Luke 14.
The company of priests murder by consent. Hosea. 6.
3. Agreement; coherence; correspondence in parts, qualities, or operation.
Such is the worlds great harmony that springs from union, order, full consent of things.
4. In the animal economy, an agreement, or sympathy, by which one affected part of the system affects some distant part. This consent is supposed to exist in, or be produced by the nerves; and the affections to be communicated from one part to another by means of their ramifications and distribution through the body. Thus, the stone in the bladder, by vellicating the fibers, will produce spasms and colic in the bowels; a shameful thing seen or heard will produce blushing in the cheeks. But many facts indicate that other causes than nervous communication produce sympathy.
Consent, v.i. [L. See the Noun.]
1. Literally, to think with another. Hence, to agree or accord. More generally, to agree in mind and will; to yield to what one has the power, the right, or the disposition to withhold, or refuse to grant.
If sinners entice thee, consent thou not. Proverbs 1.
And Saul was consenting to Stephens death. Acts 8.
Only let us consent to them, and they will dwell with us. Genesis 34.
2. To agree.
When thou sawest a thief, thou consentedst with him. Psalm 1.
3. To assent.
I consent to the law that it is good. Romans 7. 1 Timothy 6.
SOURCE: “Thomas Hobbes developed the idea of the social contract. Human beings are basically corrupt and need to be controlled. The social contract being that the people give up some of their liberty in exchange for order which is given by the ruler. The Ruler has absolute power and is given this absolute power by the general consent of the people. This challenged the idea that God gave the ruler power or the Divine right of kings. The significance of Hobbes social contract is that it spurred more ideas such as Locke’s consent of the governed. It also gave justification to rulers under totalitarian system such as Catherine the Great and Frederick of Prussia because they maintained that they ruled by the general consent of the people. And their part of the contract was to maintain order at all costs. The idea of the social contract also influenced many western governments.
Consent of the governed was John Locke’s idea and it differed with Hobbes social contract by stating that the government only exists by the consent of the governed. Locke believed that people were born with natural rights. People were a product of their environment and what they experience. From this he further explained government existed to protect the people’s natural rights, life, liberty and property. If government failed to do so then the people would exercise their right to rebel. The people then would give their consent to another government to rule never relinquishing their right to rebel. Hobbes would say the right to rebel never existed. Hobbes consent of the governed would be the people accepting the order established by the sovereign state.
The Declaration of Independence was the document written by Thomas Jefferson to establish the United States as a separate entity of Britain. It was based on Locke’s ideas of social contract, consent of the governed and natural rights. The Declaration of Independence stated that man’s natural rights and that all men were created equal … . It stated the injustices done to the American colonials and stated that these injustices broke the social contract so therefore the colonies were exercising their right to overthrow the existing government. The language of the declaration of independence is often reiterated to support groups that feel oppressed such as civil rights movement and the women’s rights movement. The Declaration of Independence has grown into a national symbol of freedom and ingrained into society. The ideology behind it stands the test of time over 200 years. It has been the inspiration for other revolutions and government changes since its creation.
|July 4, 1776 unanimous Declaration of the thirteen United States of AmericaBenjamin Franklin quoted as saying to the others upon signing the Declaration of Independence: Gentlemen, we must hang together else we shall all hang separately.|
The Declaration of Independence
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. –Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain [George III] is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
John Locke, Second Treatise, Sections 149, 155, 168, 207-210, 220-231, 240-243 (1689)
149. Though in a Constituted Commonwealth, standing upon its own Basis, and acting according to its own Nature, that is, acting for the preservation of the Community, there can be but one Supream Power, which is the Legislative, to which all the rest are and must be subordinate, yet the Legislative being only a Fiduciary Power to act for certain ends, there remains still in the People a Supream Power to remove or alter the Legislative, when they find the Legislative act contrary to the trust reposed in them. For all Power given with trust for the attaining an end, being limited by that end, whenever that end is manifestly neglected, or opposed, the trust must necessarily be forfeited, and the Power devolve into the hands of those that gave it, who may place it anew where they shall think best for their safety and security. And thus the Community perpetually retains a Supream Power of saving themselves from the attempts and designs of any Body, even of their Legislators, whenever they shall be so foolish, or so wicked, as to lay and carry on designs against the Liberties and Properties of the Subject. For no Man, or Society of Men, having a Power to deliver up their Preservation, or consequently the means of it, to the Absolute Will and arbitrary Dominion of another; whenever any one shall go about to bring them into such a Slavish Condition, they will always have a right to preserve what they have not a Power to part with; and to rid themselves of those who invade this Fundamental, Sacred, and unalterable Law of Self-Preservation, for which they enter’d into Society. And thus the Community may be said in this respect to be always the Supream Power, but not as considered under any Form of Government, because this Power of the People can never take place till the Government be dissolved.
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155. It may be demanded here, What if the Executive Power being possessed of the Force of the Commonwealth, shall make use of that force to hinder the meeting and acting of the Legislative, when the Original Constitution, or the publick Exigencies require it? I say using Force upon the People without Authority, and contrary to the Trust put in him, that does so, is a state of War with the People, who have a right to reinstate their Legislative in the Exercise of their Power. For having erected a Legislative, with an intent they should exercise the Power of making Laws, either at certain set times, or when there is need of it; when they are hindr’d by any force from, what is so necessary to the Society, and wherein the Safety and preservation of the People consists, the People have a right to remove it by force. In all States and Conditions the true remedy of Force without Authority, is to oppose Force to it. The use of force without Authority, always puts him that uses it into a state of War, as the Aggressor, and renders him liable to be treated accordingly.
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168. The old Question will be asked in this matter of Prerogative, But who shall be Judge when this Power is made a right use of? I Answer: Between an Executive Power in being, with such a Prerogative, and a Legislative that depends upon his will for their convening, there can be no Judge on Earth: As there can be none, between the Legislative, and the People, should either the Executive, or the Legislative, when they have got the Power in their hands, design, or go about to enslave, or destroy them. The People have no other remedy in this, as in all other cases where they have no Judge on Earth, but to appeal to Heaven. For the Rulers, in such attempts, exercising a Power the People never put into their hands (who can never be supposed to consent, that any body should rule over them for their harm) do that, which they have not a right to do. And where the Body of the People, or any single Man, is deprived of their Right, or is under the Exercise of a power without right, and have no Appeal on Earth, there they have a liberty to appeal to Heaven, whenever they judge the Cause of sufficient moment. And therefore, tho’ the People cannot be Judge, so as to have by the Constitution of that Society any Superiour power, to determine and give effective Sentence in the case; yet they have, by a Law antecedent and paramount to all positive Laws of men, reserv’d that ultimate Determination to themselves, which belongs to all Mankind, where there lies no Appeal on Earth, viz. to judge whether they have just Cause to make their Appeal to Heaven. And this Judgment they cannot part with, it being out of a Man’s power so to submit himself to another, as to give him a liberty to destroy him; God and Nature never allowing a Man so to abandon himself, as to neglect his own preservation: And since he cannot take away his own Life, neither can he give another power to take it. Nor let any one think, this lays a perpetual foundation for Disorder: for this operates not, till the Inconvenience is so great, that the Majority feel it, and are weary of it, and find a necessity to have it amended. But this the Executive Power, or wise Princes, never need come in the danger of: And ’tis the thing of all others, they have most need to avoid, as of all others the most perilous.
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207. Thirdly, Supposing a Government wherein the Person of the Chief Magistrate is not thus Sacred; yet this Doctrine of the lawfulness of resisting all unlawful exercises of his Power, will not upon every slight occasion indanger him, or imbroil the Government. For where the injured Party may be relieved, and his damages repaired by Appeal to the Law, there can be no pretence for Force, which is only to be used, where a Man is intercepted from appealing to the Law. For nothing is to be accounted Hostile Force, but where it leaves not the remedy of such an Appeal. And ’tis such Force alone, that puts him that uses it into a state of War, and makes it lawful to resist him. A Man with a Sword in his Hand demands my Purse in the High-way, when perhaps I have not 12 d. in my Pocket; This Man I may lawfully kill. To another I deliver 100 l. to hold only whilst I alight, which he refuses to restore me, when I am got up again, but draws his Sword to defend the possession of it by force, if I endeavour to retake it. The mischief this Man does me, is a hundred, or possibly a thousand times more, than the other perhaps intended me, (whom I killed before he really did me any) and yet I might lawfully kill the one, and cannot so much as hurt the other lawfully. The Reason whereof is plain; because the one using force, which threatned my Life, I could not have time to appeal to the Law to secure it: And when it was gone, ’twas too late to appeal. The Law could not restore Life to my dead Carcass: The Loss was irreparable; which to prevent, the Law of Nature gave me a Right to destroy him, who had put himself into a state of War with me, and threatned my destruction. But in the other case, my Life not being in danger, I may have the benefit of appealing to the Law, and have Reparation for my 100 l. that way.
208. Fourthly, But if the unlawful acts done by the Magistrate, be maintained (by the Power he has got) and the remedy which is due by Law, be by the same Power obstructed; yet the Right of resisting, even in such manifest Acts of Tyranny, will not suddenly, or on slight occasions, disturb the Government. For if it reach no farther than some private Mens Cases, though they have a right to defend themselves, and to recover by force, what by unlawful force is taken from them; yet the Right to do so, will not easily ingage them in a Contest, wherein they are sure to perish; it being as impossible for one or a few oppressed Men to disturb the Government, where the Body of the People do not think themselves concerned in it, as for a raving mad Man, or heady Male-content to overturn a well-settled State; the People being as little apt to follow the one, as the other.
209. But if either these illegal Acts have extended to the Majority of the People; or if the Mischief and Oppression has light only on some few, but in such Cases, as the Precedent, and Consequences seem to threaten all, and they are perswaded in their Consciences, that their Laws, and with them their Estates, Liberties, and Lives are in danger, and perhaps their Religion too, how they will be hindered from resisting illegal force, used against them, I cannot tell. This is an Inconvenience, I confess, that attends all Governments whatsoever, when the Governours have brought it to this pass, to be generally suspected of their People; the most dangerous state which they can possibly put themselves in: wherein they are the less to be pitied, because it is so easie to be avoided; It being as impossible for a Governor, if he really means the good of his People, and the preservation of them and their Laws together, not to make them see and feel it; as it is for the Father of a Family, not to let his Children see he loves, and takes care of them.
210. But if all the World shall observe Pretences of one kind, and Actions of another; Arts used to elude the Law, and the Trust of Prerogative (which is an Arbitrary Power in some things left in the Prince’s hand to do good, not harm to the People) employed contrary to the end, for which it was given: if the People shall find the Ministers, and subordinate Magistrates chosen suitable to such ends, and favoured, or laid by proportionably, as they promote, or oppose them: If they see several Experiments made of Arbitrary Power, and that Religion underhand favoured (though publickly proclaimed against) which is readiest to introduce it, and the Operators in it supported, as much as may be; and when that cannot be done, yet approved still, and liked the better: if a long Train of Actings shew the Councils all tending that way, how can a Man any more hinder himself from being perswaded in his own Mind, which way things are going; or from casting about how to save himself, than he could from believing the Captain of the Ship he was in, was carrying him, and the rest of the Company to Algiers, when he found him always steering that Course, though cross Winds, Leaks in his Ship, and want of Men and Provisions did often force him to turn his Course another way for some time, which he steadily returned to again, as soon as the Wind, Weather, and other Circumstances would let him?
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220. In these and the like Cases, when the Government is dissolved, the People are at liberty to provide for themselves, by erecting a new Legislative, differing from the other, by the change of Persons, or Form, or both as they shall find it most for their safety and good. For the Society can never, by the fault of another, lose the Native and Original Right it has to preserve it self, which can only be done by a settled Legislative, and a fair and impartial execution of the Laws made by it. But the state of Mankind is not so miserable that they are not capable of using this Remedy, till it be too late to look for any. To tell People they may provide for themselves, by erecting a new Legislative, when by Oppression, Artifice, or being delivered over to a Foreign Power, their old one is gone, is only to tell them they may expect Relief, when it is too late, and the evil is past Cure. This is in effect no more than to bid them first be Slaves, and then to take care of their Liberty; and when their Chains are on, tell them, they may act like Freemen. This, if barely so, is rather Mockery than Relief; and Men can never be secure from Tyranny, if there be no means to escape it, till they are perfectly under it: And therefore it is, that they have not only a Right to get out of it, but to prevent it.
221. There is therefore, secondly, another way whereby Governments are dissolved, and that is; when the Legislative, or the Prince, either of them act contrary to their Trust.
First, The Legislative acts against the Trust reposed in them, when they endeavour to invade the Property of the Subject, and to make themselves, or any part of the Community, Masters, or Arbitrary Disposers of the Lives, Liberties, or Fortunes of the People.
222. The Reason why Men enter into Society, is the preservation of their Property; and the end why they chuse and authorize a Legislative, is, that there may be Laws made, and Rules set as Guards and Fences to the Properties of all the Members of the Society, to limit the Power, and moderate the Dominion of every Part and Member of the Society. For since it can never be supposed to be the Will of the Society, that the Legislative should have a Power to destroy that, which every one designs to secure, by entering into Society, and for which the People submitted themselves to the Legislators of their own making; whenever the Legislators endeavour to take away, and destroy the Property of the People, or to reduce them to Slavery under Arbitrary Power, they put themselves into a state of War with the People, who are thereupon absolved from any farther Obedience, and are left to the common Refuge, which God hath provided for all Men, against Force and Violence. Whensoever therefore the Legislative shall transgress this fundamental Rule of Society; and either by Ambition, Fear, Folly or Corruption, endeavour to grasp themselves, or put into the hands of any other an Absolute Power over the Lives, Liberties, and Estates of the People; By this breach of Trust they forfeit the Power, the People had put into their hands, for quite contrary ends, and it devolves to the People, who have a Right to resume their original Liberty, and, by the Establishment of a new Legislative (such as they shall think fit) provide for their own Safety and Security, which is the end for which they are in Society. What I have said here, concerning the Legislative, in general, holds true also concerning the supreame Executor, who having a double trust put in him, both to have a part in the Legislative, and the supreme Execution of the Law, Acts against both, when he goes about to set up his own Arbitrary Will, as the Law of the Society. He acts also contrary to his Trust, when he either imploys the Force, Treasure, and Offices of the Society, to corrupt the Representatives, and gain them to his purposes: or openly preingages the Electors, and prescribes to their choice, such, whom he has by Sollicitations, Threats, Promises, or otherwise won to his designs; and imploys them to bring in such, who have promised before-hand, what to Vote, and what to Enact. Thus to regulate Candidates and Electors, and new model the ways of Election, what is it but to cut up the Government by the Roots, and poison the very Fountain of publick Security? For the People having reserved to themselves the Choice of their Representatives, as the Fence to their Properties, could do it for no other end, but that they might always be freely chosen, and so chosen, freely act and advise, as the necessity of the Commonwealth, and the publick Good should, upon examination, and mature debate, be judged to require. This, those who give their Votes before they hear the Debate, and have weighed the Reasons on all sides, are not capable of doing. To prepare such an Assembly as this, and endeavour to set up the declared Abettors of his own Will, for the true Representatives of the People, and the Law-makers of the Society, is certainly as great a breach of trust, and as perfect a Declaration of a design to subvert the Government, as is possible to be met with. To which, if one shall add Rewards and Punishments visibly imploy’d to the same end, and all the Arts of perverted Law made use of, to take off and destroy all that stand in the way of such a design, and will not comply and consent to betray the Liberties of their Country, ’twill be past doubt what is doing. What Power they ought to have in the Society, who thus imploy it contrary to the trust went along with it in its first Institution, is easie to determine; and one cannot but see, that he, who has once attempted any such thing as this, cannot any longer be trusted.
223. To this perhaps it will be said, that the People being ignorant, and always discontented, to lay the Foundation of Government in the unsteady Opinion, and uncertain Humour of the People, is to expose it to certain ruine; And no Government will be able long to subsist, if the People may set up a new Legislative, whenever they take offence at the old one. To this, I Answer: Quite the contrary. People are not so easily got out of their old Forms, as some are apt to suggest. They are hardly to be prevailed with to amend the acknowledg’d Faults, in the Frame they have been accustom’d to. And if there be any Original defects, or adventitious ones introduced by time, or corruption; ’tis not an easie thing to get them changed, even when all the World sees there is an opportunity for it. This slowness and aversion in the People to quit their old Constitutions, has, in the many Revolutions which have been seen in this Kingdom, in this and former Ages, still kept us to, or, after some interval of fruitless attempts, still brought us back again to our old Legislative of King, Lords and Commons: And whatever provocations have made the Crown be taken from some of our Princes Heads, they never carried the People so far, as to place it in another Line.
224. But ’twill be said, this Hypothesis lays a ferment for frequent Rebellion. To which I Answer,
First, No more than any other Hypothesis. For when the People are made miserable, and find themselves exposed to the ill usage of Arbitrary Power, cry up their Governours, as much as you will for Sons of Jupiter, let them be Sacred and Divine, descended or authoriz’d from Heaven; give them out for whom or what you please, the same will happen. The People generally ill treated, and contrary to right, will be ready upon any occasion to ease themselves of a burden that sits heavy upon them. They will wish and seek for the opportunity, which, in the change, weakness, and accidents of humane affairs, seldom delays long to offer it self. He must have lived but a little while in the World, who has not seen Examples of this in his time; and he must have read very little, who cannot produce Examples of it in all sorts of Governments in the World.
225. Secondly, I Answer, such Revolutions happen not upon every little mismanagement in publick affairs. Great mistakes in the ruling part, many wrong and inconvenient Laws, and all the slips of humane frailty will be born by the People, without mutiny or murmur. But if a long train of Abuses, Prevarications, and Artifices, all tending the same way, make the design visible to the People, and they cannot but feel, what they lie under, and see, whither they are going; ’tis not to be wonder’d, that they should then rouze themselves, and endeavour to put the rule into such hands, which may secure to them the ends for which Government was at first erected; and without which, ancient Names, and specious Forms, are so far from being better, that they are much worse, than the state of Nature, or pure Anarchy; the inconveniencies being all as great and as near, but the remedy farther off and more difficult.
226. Thirdly, I Answer, That this Doctrine of a Power in the People of providing for their safety a-new by a new Legislative, when their Legislators have acted contrary to their trust, by invading their Property, is the best fence against Rebellion, and the probablest means to hinder it. For Rebellion being an Opposition, not to Persons, but Authority, which is founded only in the Constitutions and Laws of the Government; those, whoever they be, who by force break through, and by force justifie their violation of them, are truly and properly Rebels. For when Men by entering into Society and Civil Government, have excluded force, and introduced Laws for the preservation of Property, Peace, and Unity amongst themselves; those who set up force again in opposition to the Laws, do Rebellare, that is, bring back again the state of War, and are properly Rebels: Which they who are in Power (by the pretence they have to Authority, the temptation of force they have in their hands, and the Flattery of those about them) being likeliest to do; the properest way to prevent the evil, is to shew them the danger and injustice of it, who are under the greatest temptation to run into it.
227. In both the forementioned Cases, when either the Legislative is changed, or the Legislators act contrary to the end for which they were constituted; those who are guilty are guilty of Rebellion. For if any one by force takes away the establish’d Legislative of any Society, and the Laws by them made pursuant to their trust, he thereby takes away the Umpirage, which every one had consented to, for a peaceable decision of all their Controversies, and a bar to the state of War amongst them. They, who remove, or change the Legislative, take away this decisive power, which no Body can have, but by the appointment and consent of the People; and so destroying the Authority, which the People did, and no Body else can set up, and introducing a Power, which the People hath not authoriz’d, they actually introduce a state of War, which is that of Force without Authority: And thus by removing the Legislative establish’d by the Society (in whose decisions the People acquiesced and united, as to that of their own will) they unty the Knot, and expose the People a new to the state of War. And if those, who by force take away the Legislative, are Rebels, the Legislators themselves, as has been shewn, can be no less esteemed so; when they, who were set up for the protection, and preservation of the People, their Liberties and Properties, shall by force invade, and indeavour to take them away; and so they putting themselves into a state of War with those, who made them the Protectors and Guardians of their Peace, are properly, and with the greatest aggravation, Rebellantes Rebels.
228. But if they, who say it lays a foundation for Rebellion, mean that it may occasion Civil Wars, or Intestine Broils, to tell the People they are absolved from Obedience, when illegal attempts are made upon their Liberties or Properties, and may oppose the unlawful violence of those, who were their Magistrates, when they invade their Properties contrary to the trust put in them; and that therefore this Doctrine is not to be allow’d, being so destructive to the Peace of the World. They may as well say upon the same ground, that honest Men may not oppose Robbers or Pirates, because this may occasion disorder or bloodshed. If any mischief come in such Cases, it is not to be charged upon him, who defends his own right, but on him, that invades his Neighbours. If the innocent honest Man must quietly quit all he has for Peace sake, to him who will lay violent hands upon it, I desire it may be consider’d, what a kind of Peace there will be in the World, which consists only in Violence and Rapine; and which is to be maintain’d only for the benefit of Robbers and Oppressors. Who would not think it an admirable Peace betwixt the Mighty and the Mean, when the Lamb, without resistance, yielded his Throat to be torn by the imperious Wolf? Polyphemus‘s Den gives us a perfect Pattern of such a Peace, and such a Government, where in Ulysses and his Companions had nothing to do, but quietly to suffer themselves to be devour’d. And no doubt Ulysses, who was a prudent Man, preach’d up Passive Obedience, and exhorted them to a quiet Submission, by representing to them of what concernment Peace was to Mankind; and by shewing the inconveniencies might happen, if they should offer to resist Polyphemus, who had now the power over them.
229. The end of Government is the good of Mankind, and which is best for Mankind, that the People should be always expos’d to the boundless will of Tyranny, or that the Rulers should be sometimes liable to be oppos’d, when they grow exorbitant in the use of their Power, and imploy it for the destruction, and not the preservation of the Properties of their People?
230. Nor let any one say, that mischief can arise from hence, as often as it shall please a busie head, or turbulent spirit, to desire the alteration of the Government. ‘Tis true, such Men may stir, whenever they please, but it will be only to their own just ruine and perdition. For till the mischief be grown general, and the ill designs of the Rulers become visible, or their attempts sensible to the greater part, the People, who are more disposed to suffer, than right themselves by Resistance, are not apt to stir. The examples of particular Injustice, or Oppression of here and there an unfortunate Man, moves them not. But if they universally have a perswasion, grounded upon manifest evidence, that designs are carrying on against their Liberties, and the general course and tendency of things cannot but give them strong suspicions of the evil intention of their Governors, who is to be blamed for it? Who can help it, if they, who might avoid it, bring themselves into this suspicion? Are the People to be blamed, if they have the sence of rational Creatures, and can think of things no otherwise than as they find and feel them? And is it not rather their fault, who puts things in such a posture that they would not have them thought, to be as they are? I grant, that the Pride, Ambition, and Turbulency of private Men have sometimes caused great Disorders in Commonwealths, and Factions have been fatal to States and Kingdoms. But whether the mischief hath oftner begun in the Peoples Wantonness, and a Desire to cast off the lawful Authority of their Rulers; or in the Rulers Insolence, and Endeavours to get, and exercise an Arbitrary Power over their People; whether Opression, or Disobedience gave the first rise to the Disorder, I leave it to impartial History to determine. This I am sure, whoever, either Ruler or Subject, by force goes about to invade the Rights of either Prince or People, and lays the foundation for overturning the Constitution and Frame of any Just Government, is guilty of the greatest Crime, I think, a Man is capable of, being to answer for all those mischiefs of Blood, Rapine, and Desolation, which the breaking to pieces of Governments bring on a Countrey. And he who does it, is justly to be esteemed the common Enemy and Pest of Mankind; and is to be treated accordingly.
231. That Subjects, or Foreigners attempting by force on the Properties of any People, may be resisted with force, is agreed on all hands. But that Magistrates doing the same thing, may be resisted, hath of late been denied: As if those who had the greatest Priviledges and Advantages by the Law, had thereby a Power to break those Laws, by which alone they were set in a better place than their Brethren: Whereas their Offence is thereby the greater, both as being ungrateful for the greater share they have by the Law, and breaking also that Trust, which is put into their hands by their Brethren.
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240. Here, ’tis like, the common Question will be made, Who shall be Judge whether the Prince or Legislative act contrary to their Trust? This, perhaps, ill affected and factious Men may spread amongst the People, when the Prince only makes use of his due Prerogative. To this I reply, The People shall be Judge; for who shall be Judge whether his Trustee or Deputy acts well, and according to the Trust reposed in him, but he who deputes him, and must, by having deputed him have still a Power to discard him, when he fails in his Trust? If this be reasonable in particular Cases of private Men, why should it be otherwise in that of the greatest moment; where the Welfare of Millions is concerned, and also where the evil, if not prevented, is greater, and the Redress very difficult, dear, and dangerous?
241. But farther, this Question, (Who shall be Judge?) cannot mean, that there is no Judge at all. For where there is no Judicature on Earth, to decide Controversies, amongst Men, God in Heaven is Judge: He alone, ’tis true, is Judge of the Right. But every Man is Judge for himself, as in all other Cases, so in this, whether another hath put himself into a State of War with him, and whether he should appeal to the Supreme Judge, as Jephtha did.
242. If a Controversie arise betwixt a Prince and some of the People, in a matter where the Law is silent, or doubtful, and the thing be of great Consequence, I should think the proper Umpire, in such a Case, should be the Body of the People. For in Cases where the Prince hath a Trust reposed in him, and is dispensed from the common ordinary Rules of the Law; there, if any Men find themselves aggrieved, and think the Prince acts contrary to, or beyond that Trust, who so proper to Judge as the Body of the People, (who, at first, lodg’d that Trust in him) how far they meant it should extend? But if the Prince, or whoever they be in the Administration, decline that way of Determination, the Appeal then lies no where but to Heaven. Force between either Persons, who have no known Superiour on Earth, or which permits no Appeal to a Judge on Earth, being properly a state of War, wherein the Appeal lies only to Heaven, and in that State the injured Party must judge for himself, when he will think fit to make use of that Appeal, and put himself upon it.
243. To conclude, The Power that every individual gave the Society, when he entered into it, can never revert to the Individuals again, as long as the Society lasts, but will always remain in the Community; because without this, there can be no Community, no Common-wealth, which is contrary to the original Agreement: So also when the Society hath placed the Legislative in any Assembly of Men, to continue in them and their Successors, with Direction and Authority for providing such Successors, the Legislative can never revert to the People whilst that Government lasts: Because having provided a Legislative with Power to continue for ever, they have given up their Political Power to the Legislative, and cannot resume it. But if they have set Limits to the Duration of their Legislative, and made this Supreme Power in any Person, or Assembly, only temporary: Or else when by the Miscarriages of those in Authority, it is forfeited; upon the Forfeiture of their Rulers, or at the Determination of the Time set, it reverts to the Society, and the People have a Right to act as Supreme, and continue the Legislative in themselves, or erect a new Form, or under the old form place it in new hands, as they think good.