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In a state of rude nature there is no such thing as a people. A number of men in themselves have no collective capacity. The idea of a people is the idea of a corporation. It is wholly artificial; and made like all other legal fictions by common agreement. What the particular nature of that agreement was, is collected from the form into which the particular society has been cast. Any other is not their covenant. When men, therefore, break up the original compact or agreement which gives its corporate form and capacity to a state, they are no longer a people; they have no longer a corporate existence ; they have no longer a legal coactive force to bind within, nor a claim to be recognized abroad. They are a number of vague loose individuals, and nothing more. With them all is to begin again. Alas! they little know how many a weary step is to be taken before they can form themselves into a mass, which has a true politic personality.
We hear much from měn, who have not acquired their hardiness of assertion from the profundity of their thinking, about the omnipotence of a majority, in such a dissolution of an ancient society as hath taken place in France. But anongst men so disbanded, there can be no such thing as majority or minority ; or power in any one person to bind another. The power of acting by a majority, which the gentlemen theorists seem to assume so readily, after they have violated the contract out of which it has arisen, (if at all it existed) must be grounded on two assumptions ; first, that of an incorporation produced by unanimity; and secondly, an unanimous agreement, that the act of a mere majority (say of one) shall pass with them and with others as the act of the whole.
We are so little affected by things which are habitual,
that we consider this idea of the decision of a majority as if it were a law of our original nature: But such constructive whole, residing in a part only, is one of the most violent fictions of positive law, that ever has been or can be made on the principles of artificial incorporation. Out of civil society nature knows nothing of it ; nor are men, even when arranged according to civil order, otherwise than by very long training, brought at all to submit to it. The mind is brought far more easily to acquiesce in the proceedings of one man, or a few, who act under a general procuration for the state, than in the vote of a victorious majority in councils in which every man has his share in the deliberation. For there the beaten party are'exasperated and soured by the previous contention, and mortified by the conclusive defeat. This mode of decision, where wills may be so nearly equal, where, according to circumstances the smaller number may be the stronger force, and where apparent reason may be all upon one side, and on the other little else than impetuous appetite ; all this must be the result of a very particular and special convention, confirmed afterwards by long habits of obedience, by a sort of discipline in society, and by a strong hand, vested with stationary permanent power, to enforce this sort of constructive general will. What organ it is that shall declare the corporate mind is so much a matter of positive arrangement, that several states, for the validity of several of their acts, have required a proportion of voices much greater than that of a mere majority. These proportions are so entirely governed by convention, that in some cases the minority decides. The laws in many countries to condemn require more than a mere majority ; less than an equal number to acquit. In our judicial trials we require unanimity either to condemn or to absolve. In some incorporations one man speaks for the whole ; in others, a few. Until the other day, in the constitution of Poland, unanimity was required to give validity to any act of their great national council or diet. This approaches much more nearly to rude nature than the institutions of any other country. Such, indeed, every commonwealth must be, without a positive law to recognize in a certain number the will of the entire body.
If men dissolve their antient incorporation, in order to regenerate their community, in that state of things each man has a right, if he pleases, to remain an individual. Any number of individuals, who can agree upon it, have an undoubted right to form themselves into a state apart and wholly independent. If any of these is forced into the fellowship of another, this is conquest and not compact. On every principle, which supposes society to be in virtue of a free covenant, this compulsive incorporation must be null and void.
As a people can have no right to a corporate capacity without universal consent, so neither have they a right to hold exclusively any lands in the name and title of a corporation. On the scheme of the
present rulers in our neighbouring country, regenerated as they are, they have no more right to the territory called France than I have. I have a right to pitch my tent in any unoccupied place I can find for it; and I may apply to my own maintenance any part of their unoccupied soil. I may purchase the house or vineyard of any individual proprietor who refuses his consent (and most proprietors have, as far as they dared, refused it) to the new incorporation. I stand in his independent place. Who are these insolent men calling themselves the French nation, that would monopolize this fair domain of nature? Is it because they speak a certain jargon? Is it their mode of chattering, to me unintelligible, that forms their title to my land ? Who are they who claim by prescription and descent from certain gangs of banditti called Franks, and Burgundians, and Visigoths, of whom I may have never heard, and ninety-nine out of an hundred of themselves certainly never have heard; whilst at the very time they tell me, that prescription and long possession form no title to property? Who are they that presume to assert that the land which I purchased of the individual, a natural person, and not a fiction of state, belongs to them, who in the very capacity in which they make their claim can exist only as an imaginary being, and in virtue of the very prescription which they reject and disown? This mode of arguing might be pushed into all the detail, so as to leave no sort of doubt, that on their principles, and on the sort of footing on which they have thought proper to place themselves, the crowd of men, on the one side of the channel, who have the impudence to call themselves a people, can never be the lawful exclusive possessors of the soil. By what they call reasoning without prejudice, they leave not one stone upon another in the fabric of human society. They subvert all the authority which they hold, as well as all that which they have destroyed.
As in the abstract, it is perfectly clear, that, out of a state of civil society, majority and minority are relations which can have no existence; and that in civil society, its own specific conventions in each corporation, determine what it is that constitutes the people, so as to make their act the signification of the general will; to come to particulars, it is equally clear, that neither in France nor in England has the original, or any subsequent compact of the state, expressed or implied, constituted a majority of men, told by the head, to be the acting people of their several communities. And I see as little of policy or utility, as there is of right, in laying down a principle that a majority of men told by the head are to be considered as the people, and that as such their will is to be law. What policy can there be found in arrangements made in defiance of every political principle? To enable men to act with the weight and character of a people, and to answer the ends for which they are incorporated into that capacity, we must suppose them (by means immediate or consequential) to be in that state of habitual social discipline, in which the wiser, the more expert, and the more opulent, conduct, and by conducting enlighten and protect the weaker, the less knowing, and the less provided with the goods of fortune. When the multitude are not under this discipline, they can scarcely be said to be in civil society. Give once a certain constitution of things, which produces a variety of conditions and circumstances in a state, and there is in nature and reason a principle which, for their own benefit, postpones, not the interest but the judgment, of those who are numero plures, to those who are virtute et honore majores.Numbers in a state (supposing, which is not the case in France, that a state does exist) are always of consideration—but they are not the whole consideration. It is in things more serious than a play, that it may be truly said, satis est equitem mihi plaudere.
A true natural aristocracy is not a separate interest in the state, or separable from it. It is an essential integrant part of any large body rightly constituted. It is formed out of a class of legitimate presumptions, which, taken as generalities, must be admitted for actual truths. To be bred in a place of estimation