第 11 节
作者: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