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Though government be an invention very advantageous, and even in some circumstances absolutely necessary to mankind, it is not necessary in all circumstances; nor is it impossible for men to preserve society for some time, without having recourse to such an invention. Men, 'tis true, are always much inclined to prefer present interest to distant and remote; nor is it easy for them to resist the temptation of any advantage that they may immediately enjoy, in apprehension of an evil that lies at a distance from them; but still this weakness is less conspicuous where the possessions and the pleasures of life are few and of little value, as they always are in the infancy of society. An Indian is but little tempted to dispossess another of his hut, or to steal his bow, as being already provided of the same advantages; and as to any superior fortune which may attend one above another in hunting and fishing, 'tis only casual and temporary, and will have but small tendency to disturb society. And so far am I from thinking with some philosophers,[Pg 319] that men are utterly incapable of society without government, that I assert the first rudiments of government to arise from quarrels, not among men of the same society, but among those of different societies. A less degree of riches will suffice to this latter effect, is requisite for the former. Men fear nothing from public war and violence but the resistance they meet with, which, because they share it in common, seems less terrible, and, because it comes from strangers, seems less pernicious in its consequences, than when they are exposed singly against one whose commerce is advantageous to them, and without whose society 'tis impossible they can subsist. Now foreign war, to a society without government, necessarily produces civil war. Throw any considerable goods among men, they instantly fall a quarrelling, while each strives to get possession of what pleases him, without regard to the consequences. In a foreign war, the most considerable of all goods, life and limbs, are at stake; and as every one shuns dangerous ports, seizes the best arms, seeks excuse for the slightest wounds, the laws, which may be well enough observed while men were calm, can now no longer take place, when they are in such commotion.
This we find verified in the American tribes, where men live in concord and amity among themselves, without any established government, and never pay submission to any of their fellows, except in time of war, when their captain enjoys a shadow of authority, which he loses after their return from the field and the establishment of peace with the neighbouring tribes. This authority, however, instructs them in the advantages of government, and teaches them to have recourse to it, when, either by the pillage of war, by commerce, or[Pg 320] by any fortuitous inventions, their riches and possessions have become so considerable as to make them forget, on every emergence, the interest they have in the preservation of peace and justice. Hence we may give a plausible reason, among others, why all governments are at first monarchical, without any mixture and variety; and why republics arise only from the abuses of monarchy and despotic power. Camps are the true mothers of cities; and as war cannot be administered, by reason of the suddenness of every exigency, without some authority in a single person, the same kind of authority naturally takes place in that civil government which succeeds the military. And this reason I take to be more natural than the common one derived from patriarchal government, or the authority of a father, which is said first to take place in one family, and to accustom the members of it to the government of a single person. The state of society without government is one of the most natural states of men, and must subsist with the conjunction of many families, and long after the first generation. Nothing but an increase of riches and possessions could oblige men to quit it; and so barbarous and uninstructed are all societies on their first formation, that many years must elapse before these can increase to such a degree as to disturb men in the enjoyment of peace and concord.
But though it be possible for men to maintain a small uncultivated society without government, 'tis impossible they should maintain a society of any kind without justice, and the observance of those three fundamental laws concerning the stability of possession, its translation by consent, and the performance of promises. These are therefore antecedent to government, and are supposed to impose an obligation, before the[Pg 321] duty of allegiance to civil magistrates has once been thought of. Nay, I shall go farther, and assert, that government, upon its first establishment, would naturally be supposed to derive its obligation from those laws of of nature, and, in particular, from that concerning the performance of promises. When men have once perceived the necessity of government to maintain peace and execute justice, they would naturally assemble together, would choose magistrates, determine their power, and promise them obedience. As a promise is supposed to be a bond or security already in use, and attended with a moral obligation, 'tis to be considered as the original sanction of government, and as the source of the first obligation to obedience. This reasoning appears so natural, that it has become the foundation of our fashionable system of politics, and is in a manner the creed of a party amongst us, who pride themselves, with reason, on the soundness of their philosophy, and their liberty of thought. 'All men,' say they, 'are born free and equal: government and superiority can only be established by consent: the consent of men, in establishing government, imposes on them a new obligation, unknown to the laws of nature. Men, therefore, are bound to obey their magistrates, only because they promise it; and if they had not given their word, either expressly or tacitly, to preserve allegiance, it would never have become a part of their moral duty. This conclusion, however, when carried so far as to comprehend government in all its ages and situations, is entirely erroneous; and I maintain, that though the duty of allegiance be at first grafted on the obligation of promises, and be for some time supported by that obligation, yet it quickly takes root of itself, and has an original obligation and authority,[Pg 322] independent of all contracts. This is a principle of moment, which we must examine with care and attention, before we proceed any farther.
'Tis reasonable for those philosophers who assert justice to be a natural virtue, and antecedent to human conventions, to resolve all civil allegiance into the obligation of a promise, and assert that 'tis our own consent alone which binds us to any submission to magistracy. For as all government is plainly an invention of men, and the origin of most governments is known in history, 'tis necessary to mount higher, in order to find the source of our political duties, if we would assert them to have any natural obligation of morality. These philosophers, therefore, quickly observe, that society is as ancient as the human species, and those three fundamental laws of nature as ancient as society; so that, taking advantage of the antiquity and obscure origin of these laws, they first deny them to be artificial and voluntary inventions of men, and then seek to ingraft on them those other duties which are more plainly artificial. But being once undeceived in this particular, and having found that natural as well as civil justice derives its origin from human conventions, we shall quickly perceive how fruitless it is to resolve the one into the other, and seek, in the laws of nature, a stronger foundation for our political duties than interest and human conventions; while these laws themselves are built on the very same foundation. On whichever side we turn this subject, we shall find that these two kinds of duty are exactly on the same footing, and have the same source both of their first invention and moral obligation. They are contrived to remedy like inconveniences, and acquire their moral sanction in the same manner, from their remedying[Pg 323] those inconveniences. These are two points which we shall endeavour to prove as distinctly as possible.