The Writings Of Thomas Paine Volume III Part 27

But the case is totally different with respect to the inst.i.tution of civil government, organized on the system of representation. Such a government has cognizance of every thing, and of _every man_ as a member of the national society, whether he has property or not; and, therefore, the principle requires that _every man_, and _every kind of right_, be represented, of which the right to acquire and to hold property is but one, and that not of the most essential kind. The protection of a man's person is more sacred than the protection of property; and besides this, the faculty of performing any kind of work or services by which he acquires a livelihood, or maintaining his family, is of the nature of property. It is property to him; he has acquired it; and it is as much the object of his protection as exterior property, possessed without that faculty, can be the object of protection in another person.

I have always believed that the best security for property, be it much or little, is to remove from every part of the community, as far as can possibly be done, every cause of complaint, and every motive to violence; and this can only be done by an equality of rights. When rights are secure, property is secure in consequence. But when property is made a pretence for unequal or exclusive rights, it weakens the right to hold the property, and provokes indignation and tumult; for it is unnatural to believe that property can be secure under the guarantee of a society injured in its rights by the influence of that property.

Next to the injustice and ill-policy of making property a pretence for exclusive rights, is the unaccountable absurdity of giving to mere _sound_ the idea of property, and annexing to it certain rights; for what else is a _t.i.tle_ but sound? Nature is often giving to the world some extraordinary men who arrive at fame by merit and universal consent, such as Aristotle, Socrates, Plato, &c. They were truly great or n.o.ble.

But when government sets up a manufactory of n.o.bles, it is as absurd as if she undertook to manufacture wise men. Her n.o.bles are all counterfeits.

This wax-work order has a.s.sumed the name of aristocracy; and the disgrace of it would be lessened if it could be considered only as childish imbecility. We pardon foppery because of its insignificance and on the same ground we might pardon the foppery of t.i.tles. But the origin of aristocracy was worse than foppery. It was robbery. The first aristocrats in all countries were brigands. Those of later times, sycophants.

It is very well known that in England, (and the same will be found in other countries) the great landed estates now held in descent were plundered from the quiet inhabitants at the conquest. The possibility did not exist of acquiring such estates honestly. If it be asked how they could have been acquired, no answer but that of robbery can be given. That they were not acquired by trade, by commerce, by manufactures, by agriculture, or by any reputable employment, is certain. How then were they acquired? Blush, aristocracy, to hear your origin, for your progenitors were Thieves. They were the Robespierres and the Jacobins of that day. When they had committed the robbery, they endeavoured to lose the disgrace of it by sinking their real names under fict.i.tious ones, which they called t.i.tles. It is ever the practice of Felons to act in this manner. They never pa.s.s by their real names.(1)

1 This and the preceding paragraph have been omitted from some editions.--Editor.

As property, honestly obtained, is best secured by an equality of Rights, so ill-gotten property depends for protection on a monopoly of rights. He who has robbed another of his property, will next endeavour to disarm him of his rights, to secure that property; for when the robber becomes the legislator he believes himself secure. That part of the government of England that is called the house of lords, was originally composed of persons who had committed the robberies of which I have been speaking. It was an a.s.sociation for the protection of the property they had stolen.

But besides the criminality of the origin of aristocracy, it has an injurious effect on the moral and physical character of man. Like slavery it debilitates the human faculties; for as the mind bowed down by slavery loses in silence its elastic powers, so, in the contrary extreme, when it is buoyed up by folly, it becomes incapable of exerting them, and dwindles into imbecility. It is impossible that a mind employed upon ribbands and t.i.tles can ever be great. The childishness of the objects consumes the man.

It is at all times necessary, and more particularly so during the progress of a revolution, and until right ideas confirm themselves by habit, that we frequently refresh our patriotism by reference to first principles. It is by tracing things to their origin that we learn to understand them: and it is by keeping that line and that origin always in view that we never forget them.

An enquiry into the origin of Rights will demonstrate to us that _rights_ are not _gifts_ from one man to another, nor from one cla.s.s of men to another; for who is he who could be the first giver, or by what principle, or on what authority, could he possess the right of giving? A declaration of rights is not a creation of them, nor a donation of them.

It is a manifest of the principle by which they exist, followed by a detail of what the rights are; for every civil right has a natural right for its foundation, and it includes the principle of a reciprocal guarantee of those rights from man to man. As, therefore, it is impossible to discover any origin of rights otherwise than in the origin of man, it consequently follows, that rights appertain to man in right of his existence only, and must therefore be equal to every man. The principle of an _equality of rights_ is clear and simple. Every man can understand it, and it is by understanding his rights that he learns his duties; for where the rights of men are equal, every man must finally see the necessity of protecting the rights of others as the most effectual security for his own. But if, in the formation of a const.i.tution, we depart from the principle of equal rights, or attempt any modification of it, we plunge into a labyrinth of difficulties from which there is no way out but by retreating. Where are we to stop? Or by what principle are we to find out the point to stop at, that shall discriminate between men of the same country, part of whom shall be free, and the rest not? If property is to be made the criterion, it is a total departure from every moral principle of liberty, because it is attaching rights to mere matter, and making man the agent of that matter. It is, moreover, holding up property as an apple of discord, and not only exciting but justifying war against it; for I maintain the principle, that when property is used as an instrument to take away the rights of those who may happen not to possess property, it is used to an unlawful purpose, as fire-arms would be in a similar case.

In a state of nature all men are equal in rights, but they are not equal in power; the weak cannot protect themselves against the strong. This being the case, the inst.i.tution of civil society is for the purpose of making an equalization of powers that shall be parallel to, and a guarantee of, the equality of rights. The laws of a country, when properly constructed, apply to this purpose. Every man takes the arm of the law for his protection as more effectual than his own; and therefore every man has an equal right in the formation of the government, and of the laws by which he is to be governed and judged. In extensive countries and societies, such as America and France, this right in the individual can only be exercised by delegation, that is, by election and representation; and hence it is that the inst.i.tution of representative government arises.

Hitherto, I have confined myself to matters of principle only. First, that hereditary government has not a right to exist; that it cannot be established on any principle of right; and that it is a violation of all principle. Secondly, that government by election and representation has its origin in the natural and eternal rights of man; for whether a man be his own lawgiver, as he would be in a state of nature; or whether he exercises his portion of legislative sovereignty in his own person, as might be the case in small democracies where all could a.s.semble for the formation of the laws by which they were to be governed; or whether he exercises it in the choice of persons to represent him in a national a.s.sembly of representatives, the origin of the right is the same in all cases. The first, as is before observed, is defective in power; the second, is practicable only in democracies of small extent; the third, is the greatest scale upon which human government can be inst.i.tuted.

Next to matters of _principle_ are matters of _opinion_, and it is necessary to distinguish between the two. Whether the rights of men shall be equal is not a matter of opinion but of right, and consequently of principle; for men do not hold their rights as grants from each other, but each one in right of himself. Society is the guardian but not the giver. And as in extensive societies, such as America and France, the right of the individual in matters of government cannot be exercised but by election and representation, it consequently follows that the only system of government consistent with principle, where simple democracy is impracticable, is the representative system. But as to the organical part, or the manner in which the several parts of government shall be arranged and composed, it is altogether _matter of opinion_, It is necessary that all the parts be conformable with the _principle of equal rights_; and so long as this principle be religiously adhered to, no very material error can take place, neither can any error continue long in that part which falls within the province of opinion.

In all matters of opinion, the social compact, or the principle by which society is held together, requires that the majority of opinions becomes the rule for the whole, and that the minority yields practical obedience thereto. This is perfectly conformable to the principle of equal rights: for, in the first place, every man has a _right to give an opinion_ but no man has a right that his opinion should _govern the rest_. In the second place, it is not supposed to be known beforehand on which side of any question, whether for or against, any man's opinion will fall.

He may happen to be in a majority upon some questions, and in a minority upon others; and by the same rule that he expects obedience in the one case, he must yield it in the other. All the disorders that have arisen in France, during the progress of the revolution, have had their origin, not in the _principle of equal rights_, but in the violation of that principle. The principle of equal rights has been repeatedly violated, and that not by the majority but by the minority, and _that minority has been composed of men possessing property as well as of men without property; property, therefore, even upon the experience already had, is no more a criterion of character than it is of rights_. It will sometimes happen that the minority are right, and the majority are wrong, but as soon as experience proves this to be the case, the minority will increase to a majority, and the error will reform itself by the tranquil operation of freedom of opinion and equality of rights.

Nothing, therefore, can justify an insurrection, neither can it ever be necessary where rights are equal and opinions free.

Taking then the principle of equal rights as the foundation of the revolution, and consequently of the const.i.tution, the organical part, or the manner in which the several parts of the government shall be arranged in the const.i.tution, will, as is already said, fall within the province of opinion.

Various methods will present themselves upon a question of this kind, and tho' experience is yet wanting to determine which is the best, it has, I think, sufficiently decided which is the worst. That is the worst, which in its deliberations and decisions is subject to the precipitancy and pa.s.sion of an individual; and when the whole legislature is crowded into one body it is an individual in ma.s.s. In all cases of deliberation it is necessary to have a corps of reserve, and it would be better to divide the representation by lot into two parts, and let them revise and correct each other, than that the whole should sit together, and debate at once.

Representative government is not necessarily confined to any one particular form. The principle is the same in all the forms under which it can be arranged. The equal rights of the people is the root from which the whole springs, and the branches may be arranged as present opinion or future experience shall best direct. As to that _hospital of incurables_ (as Chesterfield calls it), the British house of peers, it is an excrescence growing out of corruption; and there is no more affinity or resemblance between any of the branches of a legislative body originating from the right of the people, and the aforesaid house of peers, than between a regular member of the human body and an ulcerated wen.

As to that part of government that is called the _executive_, it is necessary in the first place to fix a precise meaning to the word.

There are but two divisions into which power can be arranged. First, that of willing or decreeing the laws; secondly, that of executing or putting them in practice. The former corresponds to the intellectual faculties of the human mind, which reasons and determines what shall be done; the second, to the mechanical powers of the human body, that puts that determination into practice.(1) If the former decides, and the latter does not perform, it is a state of imbecility; and if the latter acts without the predetermination of the former, it is a state of lunacy. The executive department therefore is official, and is subordinate to the legislative, as the body is to the mind, in a state of health; for it is impossible to conceive the idea of two sovereignties, a sovereignty to _will_, and a sovereignty to _act_.

The executive is not invested with the power of deliberating whether it shall act or not; it has no discretionary authority in the case; for it can _act no other thing_ than what the laws decree, and it is _obliged_ to act conformably thereto; and in this view of the case, the executive is made up of all the official departments that execute the laws, of which that which is called the judiciary is the chief.

1 Paine may have had in mind the five senses, with reference to the proposed five members of the Directory.--_Editor._.

But mankind have conceived an idea that _some kind of authority_ is necessary to _superintend_ the execution of the laws and to see that they are faithfully performed; and it is by confounding this superintending authority with the official execution that we get embarra.s.sed about the term _executive power_. All the parts in the governments of the United States of America that are called THE EXECUTIVE, are no other than authorities to superintend the execution of the laws; and they are so far independent of the legislative, that they know the legislative only thro' the laws, and cannot be controuled or directed by it through any other medium.

In what manner this superintending authority shall be appointed, or composed, is a matter that falls within the province of opinion. Some may prefer one method and some another; and in all cases, where opinion only and not principle is concerned, the majority of opinions forms the rule for all. There are however some things deducible from reason, and evidenced by experience, that serve to guide our decision upon the case.

The one is, never to invest any individual with extraordinary power; for besides his being tempted to misuse it, it will excite contention and commotion in the nation for the office. Secondly, never to invest power long in the hands of any number of individuals. The inconveniences that may be supposed to accompany frequent changes are less to be feared than the danger that arises from long continuance.

I shall conclude this discourse with offering some observations on the means of _preserving liberty_; for it is not only necessary that we establish it, but that we preserve it.

It is, in the first place, necessary that we distinguish between the means made use of to overthrow despotism, in order to prepare the way for the establishment of liberty, and the means to be used after the despotism is overthrown.

The means made use of in the first case are justified by necessity.

Those means are, in general, insurrections; for whilst the established government of despotism continues in any country it is scarcely possible that any other means can be used. It is also certain that in the commencement of a revolution, the revolutionary party permit to themselves a _discretionary exercise of power_ regulated more by circ.u.mstances than by principle, which, were the practice to continue, liberty would never be established, or if established would soon be overthrown. It is never to be expected in a revolution that every man is to change his opinion at the same moment. There never yet was any truth or any principle so irresistibly obvious, that all men believed it at once. Time and reason must co-operate with each other to the final establishment of any principle; and therefore those who may happen to be first convinced have not a right to persecute others, on whom conviction operates more slowly. The moral principle of revolutions is to instruct, not to destroy.

Had a const.i.tution been established two years ago, (as ought to have been done,) the violences that have since desolated France and injured the character of the revolution, would, in my opinion, have been prevented.(1) The nation would then have had a bond of union, and every individual would have known the line of conduct he was to follow. But, instead of this, a revolutionary government, a thing without either principle or authority, was subst.i.tuted in its place; virtue and crime depended upon accident; and that which was patriotism one day, became treason the next. All these things have followed from the want of a const.i.tution; for it is the nature and intention of a const.i.tution to _prevent governing by party_, by establis.h.i.+ng a common principle that shall limit and control the power and impulse of party, and that says to all parties, _thus far shalt thou go and no further_. But in the absence of a const.i.tution, men look entirely to party; and instead of principle governing party, party governs principle.

1 The Const.i.tution adopted August 10, 1793, was by the determination of "The Mountain," suspended during the war against France. The revolutionary government was thus made chronic--_Editor._

An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret, and to misapply even the best of laws. He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself. Thomas Paine.

Paris, July, 1795.

XXV. THE CONSt.i.tUTION OF 1795.

SPEECH IN THE FRENCH NATIONAL CONVENTION, JULY 7, 1795.

On the motion of Lanthenas, "That permission be granted to Thomas Paine, to deliver his sentiments on the declaration of rights and the const.i.tution," Thomas Paine ascended the Tribune; and no opposition being made to the motion, one of the Secretaries, who stood by Mr.

Paine, read his speech, of which the following is a literal translation:

Citizens:

The effects of a malignant fever, with which I was afflicted during a rigorous confinement in the Luxembourg, have thus long prevented me from attending at my post in the bosom of the Convention, and the magnitude of the subject under discussion, and no other consideration on earth, could induce me now to repair to my station.

A recurrence to the vicissitudes I have experienced, and the critical situations in which I have been placed in consequence of the French Revolution, will throw upon what I now propose to submit to the Convention the most unequivocal proofs of my integrity, and the rect.i.tude of those principles which have uniformly influenced my conduct.

In England I was proscribed for having vindicated the French Revolution, and I have suffered a rigorous imprisonment in France for having pursued a similar mode of conduct. During the reign of terrorism, I was a close prisoner for eight long months, and remained so above three months after the era of the 10th Thermidor.(1) I ought, however, to state, that I was not persecuted by the _people_ either of England or France. The proceedings in both countries were the effects of the despotism existing in their respective governments. But, even if my persecution had originated in the people at large, my principles and conduct would still have remained the same. Principles which are influenced and subject to the controul of tyranny, have not their foundation in the heart.

1 By the French republican calendar this was nearly the time. Paine's imprisonment lasted from December 28, 1793, to November 4, 1794. He was by a unanimous vote recalled to the Convention, Dec 7, 1794, but his first appearance there was on July 7, 1795.--_Editor._,

A few days ago, I transmitted to you by the ordinary mode of distribution, a short Treatise, ent.i.tled "Dissertation on the First Principles of Government." This little work I did intend to have dedicated to the people of Holland, who, about the time I began to write it, were determined to accomplish a Revolution in their Government, rather than to the people of France, who had long before effected that glorious object. But there are, in the Const.i.tution which is about to be ratified by the Convention certain articles, and in the report which preceded it certain points, so repugnant to reason, and incompatible with the true principles of liberty, as to render this Treatise, drawn up for another purpose, applicable to the present occasion, and under this impression I presumed to submit it to your consideration.

If there be faults in the Const.i.tution, it were better to expunge them now, than to abide the event of their mischievous tendency; for certain it is, that the plan of the Const.i.tution which has been presented to you is not consistent with the grand object of the Revolution, nor congenial to the sentiments of the individuals who accomplished it.

To deprive half the people in a nation of their rights as citizens, is an easy matter in theory or on paper: but it is a most dangerous experiment, and rarely practicable in the execution.

I shall now proceed to the observations I have to offer on this important subject; and I pledge myself that they shall be neither numerous nor diffusive.

In my apprehension, a const.i.tution embraces two distinct parts or objects, the _Principle_ and the _Practice_; and it is not only an essential but an indispensable provision that the practice should emanate from, and accord with, the principle. Now I maintain, that the reverse of this proposition is the case in the plan of the Const.i.tution under discussion. The first article, for instance, of the _political state_ of citizens, (v. t.i.tle ii. of the Const.i.tution,) says:

"Every man born and resident in France, who, being twenty-one years of age, has inscribed his name on the Civic Register of his Canton, and who has lived afterwards one year on the territory of the Republic, and who pays any direct contribution whatever, real or personal, is a French citizen." (1)

1 The article as ultimately adopted subst.i.tuted "person" for "man," and for "has inscribed his name" (a slight educational test) inserted "whose name is inscribed."-- _Editor._