1 Gen. Thomas Pinckney, U. S. Minister to England.—Editor.
The French government had by some means received information from London to the same purpose, with the addition, that the recommencement of the seizures would cause no misunderstanding between the British and American governments. Grenville, in defending himself against the opposition in Parliament, on account of the scarcity of corn, said (see his speech at the opening of the Parliament that met October 29, 1795) thatthe supplies for the Quiberon expedition were furnished out of the American ships, and all the accounts received at that time from England stated that those seizures were made under the treaty. After the supplies for the Quiberon expedition had been procured, and the expected success had failed, the seizures were countermanded; and had the French seized provision vessels going to England, it is probable that the Quiberon expedition could not have been attempted.
In one point of view, the treaty with England operates as a loan to the English government. It gives permission to that government to take American property at sea, to any amount, and pay for it when it suits her; and besides this, the treaty is in every point of view a surrender of the rights of American commerce and navigation, and a refusal to France of the rights of neutrality. The American flag is not now a neutral flag to France; Jay's treaty of surrender gives a monopoly of it to England.
On the contrary, the treaty of commerce between America and France was formed on the most liberal principles, and calculated to give the greatest encouragement to the infant commerce of America. France was neither a carrier nor an exporter of naval stores or of provisions. Those articles belonged wholly to America, and they had all the protection in that treaty which a treaty could give. But so much has that treaty been perverted, that the liberality of it on the part of France, has served to encourage Jay to form a counter-treaty with England; for he must have supposed the hands of France tied up by her treaty with America, when he was making such large concessions in favour of England. The injury which Mr. Washington's administration has done to the character as well as to the commerce of America, is too great to be repaired by him. Foreign nations will be shy of making treaties with a government that has given the faithless example of perverting the liberality of a former treaty to the injury of the party with whom it was made.(1)
1 For an analysis of the British Treaty see Wharton's"Digest of the International Law of the United States," vol.it, § 150 a. Paine's analysis is perfectly correct.—Editor..
In what a fraudulent light must Mr. Washington's character appear in the world, when his declarations and his conduct are compared together! Here follows the letter he wrote to the Committee of Public Safety, while Jay was negotiating in profound secrecy this treacherous treaty:
"George Washington, President of the United States of America, to the Representatives of the French people, members of the Committee of Public Safety of the French Republic, the great and good friend and ally of the United States.
"On the intimation of the wish of the French republic that à new Minister should be sent from the United States, I resolved to manifest my sense of the readiness with whichmyrequest was fulfilled, [that of recalling Genet,] by immediately fulfilling the request of your government, [that of recalling Morris].
"It was some time before a character could be obtained, worthy of the high office of expressing the attachment of the United States to the happiness of our allies,and drawing closer the bonds of our friendship. I have now made choice of James Monroe, one of our distinguished citizens, to reside near the French republic, in quality of Minister Plenipotentiary of the United States of America. He is instructed to bear to you oursincere solicitude for your welfare, and to cultivate with teal the cordiality so happily subsisting between us. From a knowledge of his fidelity, probity, and good conduct, I have entire confidence that he will render himself acceptable to you, and give effect to your desire of preserving andadvancing, on all occasions, the interest and connection of the two nations. I beseech you, therefore, to give full credence to whatever he shall say to you on the part of the United States, andmost of all, when he shall assure you that your prosperity is an object of our affection.
"And I pray God to have the French Republic in his holy keeping.
"G. Washington."
Was it by entering into a treaty with England to surrender French property on board American ships to be seized by the English, while English property on board American ships was declared by the French treaty not to be seizable,that the bonds of friendship between America and France were to be drawn the closer?Was it by declaring naval stores contraband when coming to France, whilst by the French treaty they were not contraband when going to England, that theconnection between France and America was to be advanced?Was it by opening the American ports to the British navy in the present war, from which ports the same navy had been expelled by the aid solicited from France in the American war (and that aid gratuitously given) (2) that the gratitude of America was to be shewn, and thesolicitudespoken of in the letter demonstrated?
1 The italics are Paine's. Paine's free use of this documentsuggests that he possessed the confidence of the FrenchDirectory.—Editor.2 It is notable that Paine adheres to his old contention inhis controversy with Deane. See vol. i., ch. aa of this work;and vol. i., ch. 9 of my "Life of Paine."—Editor..
As the letter was addressed to the Committee of Public Safety, Mr. Washington did not expect it would get abroad in the world, or be seen by any other eye than that of Robespierre, or be heard by any other ear than that of the Committee; that it would pass as a whisper across the Atlantic, from one dark chamber to the other, and there terminate. It was calculated to remove from the mind of the Committee all suspicion upon Jay's mission to England, and, in this point of view, it was suited to the circumstances of the movement then passing; but as the event of that mission has proved the letter to be hypocritical, it serves no other purpose of the present moment than to shew that the writer is not to be credited. Two circumstances serve to make the reading of the letter necessary in the Convention. The one was, that they who succeeded on the fall of Robespierre, found it most proper to act with publicity; the other, to extinguish the suspicions which the strange conduct of Morris had occasioned in France.
When the British treaty, and the ratification of it by Mr. Washington, was known in France, all further declarations from him of his good disposition as an ally and friend, passed for so many cyphers; but still it appeared necessary to him to keep up the farce of declarations. It is stipulated in the British treaty, that commissioners are to report at the end of two years, on the case ofneutral ships making neutral property. In the mean time, neutral ships donotmake neutral property, according to the British treaty, and theydoaccording to the French treaty. The preservation, therefore, of the French treaty became of great importance to England, as by that means she can employ American ships as carriers, whilst the same advantage is denied to France. Whether the French treaty could exist as a matter of right after this clandestine perversion of it, could not but give some apprehensions to the partizans of the British treaty, and it became necessary to them to make up, by fine words, what was wanting in good actions.
An opportunity offered to that purpose. The Convention, on the public reception of Mr. Monroe, ordered the American flag and the French flags to be displayed unitedly in the hall of the Convention. Mr. Monroe made a present of an American flag for the purpose. The Convention returned this compliment by sending a French flag to America, to be presented by their Minister, Mr. Adet, to the American government. This resolution passed long before Jay's treaty was known or suspected: it passed in the days of confidence; but the flag was not presented by Mr. Adet till several months after the treaty had been ratified. Mr. Washington made this the occasion of saying some fine things to the French Minister; and the better to get himself into tune to do this, he began by saying the finest things of himself.
"Born, sir (said he) in a land of liberty;havingearly learned its value;havingengaged in a perilous conflict to defend it;having, in a word, devoted the best years of my life to secure its permanent establishment in my own country;myanxious recollections, my sympathetic feelings, andmybest wishes are irresistibly excited, whenever, in any country, I see an oppressed people unfurl the banner of freedom."
Mr. Washington, having expended so many fine phrases upon himself, was obliged to invent a new one for the French, and he calls them "wonderful people!" The coalesced powers acknowledged as much.
It is laughable to hear Mr. Washington talk of hissympathetic feelings, who has always been remarked, even among his friends, for not having any. He has, however, given no proofs of any to me. As to the pompous encomiums he so liberally pays to himself, on the score of the American revolution, the reality of them may be questioned; and since he has forced them so much into notice, it is fair to examine his pretensions.
A stranger might be led to suppose, from the egotism with which Mr. Washington speaks, that himself, and himself only, had generated, conducted, compleated, and established the revolution: In fine, that it was all his own doing.
In the first place, as to the political part, he had no share in it; and, therefore, the whole ofthatis out of the question with respect to him. There remains, then, only the military part; and it would have been prudent in Mr. Washington not to have awakened enquiry upon that subject. Fame then was cheap; he enjoyed it cheaply; and nobody was disposed to take away the laurels that, whether they wereacquiredor not, had beengiven.
Mr. Washington's merit consisted in constancy. But constancy was the common virtue of the revolution. Who was there that was inconstant? I know but of one military defection, that of Arnold; and I know of no political defection, among those who made themselves eminent when the revolution was formed by the declaration of independence. Even Silas Deane, though he attempted to defraud, did not betray.(1)
1 This generous judgment by Deane's old adversary has becomequestionable under recent investigations.—Editor..
But when we speak of military character, something more is to be understood than constancy; and something moreoughtto be understood than the Fabian system ofdoing nothing. Thenothingpart can be done by any body. Old Mrs. Thompson, the housekeeper of head quarters, (who threatened to make the sun and the wind shine through Rivington of New York,) 'could have done it as well as Mr. Washington. Deborah would have been as good as Barak.
Mr. Washington had the nominal rank of Commander in Chief, but he was not so in fact. He had, in reality, only a separate command. He had no controul over, or direction of, the army to the northward under Gates, that captured Burgoyne; nor of that to the south under [Nathaniel] Greene, that recovered the southern States.(2) The nominal rank, however, of Commander in Chief, served to throw upon him the lustre of those actions, and to make him appear as the soul and centre of all military operations in America.
1 The Tory publisher of New York City, whose press wasdestroyed in 1775 by a mob of Connecticut soldiers.—Editor.2 See Mr. Winterbotham's valuable History of America, latelypublished.—Author. [The "History of the Establishment ofIndependence" is contained in the first of Mr.Winterbotham's four volumes (London, 1795).—Editor..]
He commenced his command June, 1775, during the time the Massachusetts army lay before Boston, and after the affair of Bunker-hill. The commencement of his command was the commencement of inactivity. Nothing was afterwards done, or attempted to be done, during the nine months he remained before Boston. If we may judge from the resistance made at Concord, and afterwards at Bunker-hill, there was a spirit of enterprise at that time, which the presence of Mr. Washington chilled into cold defence. By the advantage of a good exterior he attracts respect, which his habitual silence tends to preserve; but he has not the talent of inspiring ardour in an army. The enemy removed from Boston in March 1776, to wait for reinforcements from Europe, and to take a more advantageous position at New York.
The inactivity of the campaign of 1775, on the part of General Washington, when the enemy had a less force than in any other future period of the war, and the injudicious choice of positions taken by him in the campaign of 1776, when the enemy had its greatest force, necessarily produced the losses and misfortunes that marked that gloomy campaign. The positions taken were either islands or necks of land. In the former, the enemy, by the aid of their ships, could bring their whole force against apart of General Washington's, as in the affair of Long Island; and in the latter, he might be shut up as in the bottom of a bag. This had nearly been the case at New York, and it was so in part; it was actually the case at Fort Washington; and it would have been the case at Fort Lee, if General Greene had not moved precipitately off, leaving every thing behind, and by gaining Hackinsack bridge, got out of the bag of Bergen Neck. How far Mr. Washington, as General, is blameable for these matters, I am not undertaking to determine; but they are evidently defects in military geography. The successful skirmishes at the close of that campaign, (matters that would scarcely be noticed in a better state of things,) make the brilliant exploits of General Washington's seven campaigns. No wonder we see so much pusillanimity in the President, when we see so little enterprise in the General!
The campaign of 1777 became famous, not by anything on the part of General Washington, but by the capture of General Burgoyne, and the army under his command, by the Northern army at Saratoga, under General Gates. So totally distinct and unconnected were the two armies of Washington and Gates, and so independent was the latter of the authority of the nominal Commander in Chief, that the two Generals did not so much as correspond, and it was only by a letter of General (since Governor) Clinton, that General Washington was informed of that event. The British took possession of Philadelphia this year, which they evacuated the next, just time enough to save their heavy baggage and fleet of transports from capture by the French Admiral d'Estaing, who arrived at the mouth of the Delaware soon after.
The capture of Burgoyne gave an eclat in Europe to the American arms, and facilitated the alliance with France. The eclat, however, was not kept up by any thing on the part of General Washington. The same unfortunate languor that marked his entrance into the field, continued always. Discontent began to prevail strongly against him, and a party was formed in Congress, whilst sitting at York-town, in Pennsylvania, for removing him from the command of the army. The hope, however, of better times, the news of the alliance with France, and the unwillingness of shewing discontent, dissipated the matter.
Nothing was done in the campaigns of 1778, 1779, 1780, in the part where General Washington commanded, except the taking of Stony Point by General Wayne. The Southern States in the mean time were over-run by the enemy. They were afterwards recovered by General Greene, who had in a very great measure created the army that accomplished that recovery. In all this General Washington had no share. The Fabian system of war, followed by him, began now to unfold itself with all its evils; but what is Fabian war without Fabian means to support it? The finances of Congress depending wholly on emissions of paper money, were exhausted. Its credit was gone. The continental treasury was not able to pay the expense of a brigade of waggons to transport the necessary stores to the army, and yet the sole object, the establishment of the revolution, was a thing of remote distance. The time I am now speaking of is in the latter end of the year 1780.
In this situation of things it was found not only expedient, but absolutely necessary, for Congress to state the whole case to its ally. I knew more of this matter, (before it came into Congress or was known to General Washington) of its progress, and its issue, than I chuse to state in this letter. Colonel John Laurens was sent to France as an Envoy Extraordinary on this occasion, and by a private agreement between him and me I accompanied him. We sailed from Boston in the Alliance frigate, February 11th, 1781. France had already done much in accepting and paying bills drawn by Congress. She was now called upon to do more. The event of Colonel Laurens's mission, with the aid of the venerable Minister, Franklin, was, that France gave in money, as a present, six millions of livres, and ten millions more as a loan, and agreed to send a fleet of not less than thirty sail of the line, at her own expense, as an aid to America. Colonel Laurens and myself returned from Brest the 1st of June following, taking with us two millions and a half of livres (upwards of one hundred thousand pounds sterling) of the money given, and convoying two ships with stores.
We arrived at Boston the 25th of August following. De Grasse arrived with the French fleet in the Chesapeak at the same time, and was afterwards joined by that of Barras, making 31 sail of the line. The money was transported in waggons from Boston to the Bank at Philadelphia, of which Mr. Thomas Willing, who has since put himself at the head of the list of petitioners in favour of the British treaty, was then President. And it was by the aid of this money, and this fleet, and of Rochambeau's army, that Cornwallis was taken; the laurels of which have been unjustly given to Mr. Washington. His merit in that affair was no more than that of any other American officer.
I have had, and still have, as much pride in the American revolution as any man, or as Mr. Washington has a right to have; but that pride has never made me forgetful whence the great aid came that compleated the business. Foreign aid (that of France) was calculated upon at the commencement of the revolution. It is one of the subjects treated of in the pamphletCommon Sense, but as a matter that could not be hoped for, unless independence was declared.1 The aid, however, was greater than could have been expected.
It is as well the ingratitude as the pusillanimity of Mr. Washington, and the Washington faction, that has brought upon America the loss of character she now suffers in the world, and the numerous evils her commerce has undergone, and to which it is yet exposed. The British Ministry soon found out what sort of men they had to deal with, and they dealt with them accordingly; and if further explanation was wanting, it has been fully given since, in the snivelling address of the New York Chamber of Commerce to the President, and in that of sundry merchants of Philadelphia, which was not much better.
1 See vol. i. of this work, p. ixx. Paine was sharply takento task on this point by "Cato." Ib.% pp. 145-147.—Editor..
When the revolution of America was finally established by the termination of the war, the world gave her credit for great character; and she had nothing to do but to stand firm upon that ground. The British ministry had their hands too full of trouble to have provoked a rupture with her, had she shown a proper resolution to defend her rights. But encouraged as they were by the submissive character of the American administration, they proceeded from insult to insult, till none more were left to be offered. The proposals made by Sweden and Denmark to the American administration were disregarded. I know not if so much as an answer has been returned to them. The minister penitentiary, (as some of the British prints called him,) Mr. Jay, was sent on a pilgrimage to London, to make up all by penance and petition. In the mean time the lengthy and drowsy writer of the pieces signedCamillasheld himself in reserve to vindicate every thing; and to sound in America the tocsin of terror upon the inexhaustible resources of England. Her resources, says he, are greater than those of all the other powers. This man is so intoxicated with fear and finance, that he knows not the difference betweenplusandminus—between a hundred pounds in hand, and a hundred pounds worse than nothing.
The commerce of America, so far as it had been established by all the treaties that had been formed prior to that by Jay, was free, and the principles upon which it was established were good. That ground ought never to have been departed from. It was the justifiable ground of right, and no temporary difficulties ought to have induced an abandonment of it. The case is now otherwise. The ground, the scene, the pretensions, the everything, are changed. The commerce of America is, by Jay's treaty, put under foreign dominion. The sea is not free for her. Her right to navigate it is reduced to the right of escaping; that is, until some ship of England or France stops her vessels, and carries them into port. Every article of American produce, whether from the sea or the sand, fish, flesh, vegetable, or manufacture, is, by Jay's treaty, made either contraband or seizable. Nothing is exempt. In all other treaties of commerce, the article which enumerates the contraband articles, such as fire arms, gunpowder, &c, is followed by another article which enumerates the articles not contraband: but it is not so in Jay's treaty. There is no exempting article. Its place is supplied by the article for seizing and carrying into port; and the sweeping phrase of "provisions andother articles" includes every thing. There never was such a base and servile treaty of surrender since treaties began to exist.
This is the ground upon which America now stands. All her rights of commerce and navigation are to begin anew, and that with loss of character to begin with. If there is sense enough left in the heart to call a blush into the cheek, the Washington administration must be ashamed to appear.—And as to you, Sir, treacherous in private friendship (for so you have been to me, and that in the day of danger) and a hypocrite in public life, the world will be puzzled to decide whether you are an apostate or an impostor; whether you have abandoned good principles, or whether you ever had any.
Thomas Paine.
1 State Archives, Paris, États Unis, vol. 43, fol. 100.Undated, but evidently written early in the year 1795, whenJay's Treaty was as yet unknown. Paine was then staying inthe house of the American Minister, Monroe.—' Editor,
The United States of America are negociating with Spain respecting the free Navigation of the Mississippi, and the territorial limits of this large river, in conformity with the Treaty of Peace with England dated 30th November, 1782. As the brilliant successes of the French Republic have forced England to grant us, what was in all justice our due, so the continuation of the prosperity of the Republic, will force Spain to make a Treaty with us on the points in controversy.
Since it is certain that all that we shall obtain from Spain will be due to the victories of France, and as the inhabitants of the western part of the United States (which part contains or covers more than half the United States), have decided to claim their rights to the free navigation of the Mississippi, would it not be a wiser policy for the Republican Government (who have only to command to obtain) to arrogate all the merit, by making our demands to Spain, one of the conditions, of France, to consent to restore peace to the Castilians. They have only to declare, they will not make Peace, or that they will support with all their might, the just reclamations of their allies against these Powers,—against England for the surrender of the frontier posts, and for the indemnities due through their depredations on our Trade, and against Spain for our territorial limits, and the free navigation of the Mississippi. This declaration would certainly not prolong the War a single day more, nor cost the Republic an obole, whilst it would assure all the merit of success to France, and besides produce all the good effects mentioned above.
It may perhaps be observed that the Negociation is already finished with England, and perhaps in a manner which will not be approved of by France. That may be, (though the terms of this arrangement may not be known); but as to Spain, the negociation is still pending, and it is evident that if France makes the aboveDeclarationas to this Power (which declaration would be a demonstrative proof of what she would have done in the other case if circumstances had required it), she would receive the same credit as if the Declaration had been made relatively to the two Powers. In fact the Decree or resolution (and perhaps this last would be preferable) can be worded in terms which would declare that in case the arrangement with England were not satisfactory, France will nevertheless, maintain the just demands of America against that Power. A like Declaration, in case Mr. Jay should do anything reprehensible, and which might even be approved of in America, would certainly raise the reputation of the French Republic to the most eminent degree of splendour, and lower in proportion that of her enemies.
It is very certain that France cannot better favour the views of the British party in America, and wound in a most sensible manner the Republican Government of this country, than by adopting a strict and oppressive policy with regard to us. Every one knows that the injustices committed by the privateers and other ships belonging to the French Republic against our navigation, were causes of exultation and joy to this party, even when their own properties were subjected to these depredations, whilst the friends of France and the Revolution were vexed and most confused about it. It follows then, that a generous policy would produce quite opposite effects—it would acquire for France the merit that is her due; it would discourage the hopes of her adversaries, and furnish the friends of humanity and liberty with the means of acting against the intrigues of England, and cement the Union, and contribute towards the true interests of the two republics.
So sublime and generous a manner of acting, which would not cost anything to France, would cement in a stronger way the ties between the two republics. The effect of such an event, would confound and annihilate in an irrevocable manner all the partisans for the British in America. There are nineteen twentieths of our nation attached through inclination and gratitude to France, and the small number who seek uselessly all sorts of pretexts to magnify the small occasions of complaint which might have subsisted previously will find itself reduced to silence, or have to join their expressions of gratitude to ours.—The results of this event cannot be doubted, though not reckoned on: all the American hearts will be French, and England will be afflicted.
An American.
1 Printed from the first edition, whose title is as above,with the addition: "By Thomas Paine, Author of Common Sense;Rights of Man; Age of Reason. Paris, Printed at theEnglish Press, me de Vaugerard, No. 970. Third year of theFrench Republic." The pamphlet seems to have appeared earlyin July (perhaps the Fourth), 1795, and was meant toinfluence the decision of the National Convention on theConstitution then under discussion. This Constitution,adopted September 23d, presently swept away by Napoleon,contained some features which appeared to Paine reactionary.Those to which he most objected are quoted by him in hisspeech in the Convention, which is bound up in the samepamphlet, and follows this "Dissertation" in the presentvolume. In the Constitution as adopted Paine's preferencefor a plural Executive was established, and though thebicameral organization (the Council of Five Hundred and theCouncil of Ancients) was not such as he desired, his chiefobjection was based on his principle of manhood suffrage.But in regard to this see Paine's "Dissertations onGovernment," written nine years before (vol. ii., ch. vi. ofthis work), and especially p. 138 seq. of that volume, wherehe indicates the method of restraining the despotism ofnumbers.—Editor.,
There is no subject more interesting to every man than the subject of government. His security, be he rich or poor, and in a great measure his prosperity, are connected therewith; it is therefore his interest as well as his duty to make himself acquainted with its principles, and what the practice ought to be.
Every art and science, however imperfectly known at first, has been studied, improved, and brought to what we call perfection by the progressive labours of succeeding generations; but the science of government has stood still. No improvement has been made in the principle and scarcely any in the practice till the American revolution began. In all the countries of Europe (except in France) the same forms and systems that were erected in the remote ages of ignorance still continue, and their antiquity is put in the place of principle; it is forbidden to investigate their origin, or by what right they exist. If it be asked how has this happened, the answer is easy: they are established on a principle that is false, and they employ their power to prevent detection.
Notwithstanding the mystery with which the science of government has been enveloped, for the purpose of enslaving, plundering, and imposing upon mankind, it is of all things the least mysterious and the most easy to be understood. The meanest capacity cannot be at a loss, if it begins its enquiries at the right point. Every art and science has some point, or alphabet, at which the study of that art or science begins, and by the assistance of which the progress is facilitated. The same method ought to be observed with respect to the science of government.
Instead then of embarrassing the subject in the outset with the numerous subdivisions under which different forms of government have been classed, such as aristocracy, democracy, oligarchy, monarchy, &c. the better method will be to begin with what may be called primary divisions, or those under which all the several subdivisions will be comprehended.
The primary divisions are but two:
First, government by election and representation.
Secondly, government by hereditary succession.
All the several forms and systems of government, however numerous or diversified, class themselves under one or other of those primary divisions; for either they are on the system of representation, or on that of hereditary succession. As to that equivocal thing called mixed government, such as the late government of Holland, and the present government of England, it does not make an exception to the general rule, because the parts separately considered are either representative or hereditary.
Beginning then our enquiries at this point, we have first to examine into the nature of those two primary divisions.
If they are equally right in principle, it is mere matter of opinion which we prefer. If the one be demonstratively better than the other, that difference directs our choice; but if one of them should be so absolutely false as not to have a right to existence, the matter settles itself at once; because a negative proved on one thing, where two only are offered, and one must be accepted, amounts to an affirmative on the other.
The revolutions that are now spreading themselves in the world have their origin in this state of the case, and the present war is a conflict between the representative system founded on the rights of the people, and the hereditary system founded in usurpation. As to what are called Monarchy, Royalty, and Aristocracy, they do not, either as things or as terms, sufficiently describe the hereditary system; they are but secondary things or signs of the hereditary system, and which fall of themselves if that system has not a right to exist. Were there no such terms as Monarchy, Royalty, and Aristocracy, or were other terms substituted in their place, the hereditary system, if it continued, would not be altered thereby. It would be the same system under any other titulary name as it is now.
The character therefore of the revolutions of the present day distinguishes itself most definitively by grounding itself on the system of representative government, in opposition to the hereditary. No other distinction reaches the whole of the principle.
Having thus opened the case generally, I proceed, in the first place, to examine the hereditary system, because it has the priority in point of time. The representative system is the invention of the modern world; and, that no doubt may arise as to my own opinion, I declare it before hand, which is,that there is not a problem in Euclid more mathematically true, than that hereditary government has not a right to exist. When therefore we take from any man the exercise of hereditary power, we take away that which he never had the right to possess, and which no law or custom could, or ever can, give him a title to.
The arguments that have hitherto been employed against the hereditary system have been chiefly founded upon the absurdity of it, and its incompetency to the purpose of good government. Nothing can present to our judgment, or to our imagination, a figure of greater absurdity, than that of seeing the government of a nation fall, as it frequently does, into the hands of a lad necessarily destitute of experience, and often little better than a fool. It is an insult to every man of years, of character, and of talents, in a country. The moment we begin to reason upon the hereditary system, it falls into derision; let but a single idea begin, and a thousand will soon follow. Insignificance, imbecility, childhood, dotage, want of moral character; in fine, every defect serious or laughable unite to hold up the hereditary system as a figure of ridicule. Leaving, however, the ridiculousness of the thing to the reflections of the reader, I proceed to the more important part of the question, namely, whether such a system has a right to exist.
To be satisfied of the right of a thing to exist, we must be satisfied that it had a right to begin. If it had not a right to begin, it has not a right to continue. By what right then did the hereditary system begin? Let a man but ask himself this question, and he will find that he cannot satisfy himself with an answer.
The right which any man or any family had to set itself up at first to govern a nation, and to establish itself hereditarily, was no other than the right which Robespierre had to do the same thing in France. If he had none, they had none. If they had any, he had as much; for it is impossible to discover superiority of right in any family, by virtue of which hereditary government could begin. The Capets, the Guelphs, the Robespierres, the Marats, are all on the same standing as to the question of right. It belongs exclusively to none.
It is one step towards liberty, to perceive that hereditary government could not begin as an exclusive right in any family. The next point will be, whether, having once begun, it could grow into a right by the influence of time.
This would be supposing an absurdity; for either it is putting time in the place of principle, or making it superior to principle; whereas time has no more connection with, or influence upon principle, than principle has upon time. The wrong which began a thousand years ago, is as much a wrong as if it began to-day; and the right which originates to-day, is as much a right as if it had the sanction of a thousand years. Time with respect to principles is an eternal now: it has no operation upon them: it changes nothing of their nature and qualities. But what have we to do with a thousand years? Our life-time is but a short portion of that period, and if we find the wrong in existence as soon as we begin to live, that is the point of time at which it begins to us; and our right to resist it is the same as if it never existed before.
As hereditary government could not begin as a natural right in any family, nor derive after its commencement any right from time, we have only to examine whether there exist in a nation a right to set it up, and establish it by what is called law, as has been done in England. I answer NO; and that any law or any constitution made for that purpose is an act of treason against the right of every minor in the nation, at the time it is made, and against the rights of all succeeding generations. I shall speak upon each of those cases. First, of the minor at the time such law is made. Secondly, of the generations that are to follow.
A nation, in a collective sense, comprehends all the individuals of whatever age, from just born to just dying. Of these, one part will be minors, and the other aged. The average of life is not exactly the same in every climate and country, but in general, the minority in years are the majority in numbers; that is, the number of persons under twenty-one years, is greater than the number of persons above that age. This difference in number is not necessary to the establishment of the principle I mean to lay down, but it serves to shew the justice of it more strongly. The principle would be equally as good, if the majority in years were also the majority in numbers.
The rights of minors are as sacred as the rights of the aged. The difference is altogether in the different age of the two parties, and nothing in the nature of the rights; the rights are the same rights; and are to be preserved inviolate for the inheritance of the minors when they shall come of age. During the minority of minors their rights are under the sacred guardianship of the aged. The minor cannot surrender them; the guardian cannot dispossess him; consequently, the aged part of a nation, who are the law-makers for the time being, and who, in the march of life are but a few years ahead of those who are yet minors, and to whom they must shortly give place, have not and cannot have the right to make a law to set up and establish hereditary government, or, to speak more distinctly,an hereditary succession of governors; because it is an attempt to deprive every minor in the nation, at the time such a law is made, of his inheritance of rights when he shall come of age, and to subjugate him to a system of government to which, during his minority, he could neither consent nor object.
If a person who is a minor at the time such a law is proposed, had happened to have been born a few years sooner, so as to be of the age of twenty-one years at the time of proposing it, his right to have objected against it, to have exposed the injustice and tyrannical principles of it, and to have voted against it, will be admitted on all sides. If, therefore, the law operates to prevent his exercising the same rights after he comes of age as he would have had a right to exercise had he been of age at the time, it is undeniably a law to take away and annul the rights of every person in the nation who shall be a minor at the time of making such a law, and consequently the right to make it cannot exist.
I come now to speak of government by hereditary succession, as it applies to succeeding generations; and to shew that in this case, as in the case of minors, there does not exist in a nation a right to set it up.
A nation, though continually existing, is continually in a state of renewal and succession. It is never stationary.
Every day produces new births, carries minors forward to maturity, and old persons from the stage. In this ever running flood of generations there is no part superior in authority to another. Could we conceive an idea of superiority in any, at what point of time, or in what century of the world, are we to fix it? To what cause are we to ascribe it? By what evidence are we to prove it? By what criterion are we to know it? A single reflection will teach us that our ancestors, like ourselves, were but tenants for life in the great freehold of rights. The fee-absolute was not in them, it is not in us, it belongs to the whole family of man, thro* all ages. If we think otherwise than this, we think either as slaves or as tyrants. As slaves, if we think that any former generation had a right to bind us; as tyrants, if we think that we have authority to bind the generations that are to follow.
It may not be inapplicable to the subject, to endeavour to define what is to be understood by a generation, in the sense the word is here used.
As a natural term its meaning is sufficiently clear. The father, the son, the grandson, are so many distinct generations. But when we speak of a generation as describing the persons in whom legal authority resides, as distinct from another generation of the same description who are to succeed them, it comprehends all those who are above the age of twenty-one years, at the time that we count from; and a generation of this kind will continue in authority between fourteen and twenty-one years, that is, until the number of minors, who shall have arrived at age, shall be greater than the number of persons remaining of the former stock.
For example: if France, at this or any other moment, contains twenty-four millions of souls, twelve millions will be males, and twelve females. Of the twelve millions of males, six millions will be of the age of twenty-one years, and six will be under, and the authority to govern will reside in the first six. But every day will make some alteration, and in twenty-one years every one of those minors who survives will have arrived at age, and the greater part of the former stock will be gone: the majority of persons then living, in whom the legal authority resides, will be composed of those who, twenty-one years before, had no legal existence. Those will be fathers and grandfathers in their turn, and, in the next twenty-one years, (or less) another race of minors, arrived at age, will succeed them, and so on.
As this is ever the case, and as every generation is equal in rights to another, it consequently follows, that there cannot be a right in any to establish government by hereditary succession, because it would be supposing itself possessed of a right superior to the rest, namely, that of commanding by its own authority how the world shall be hereafter governed and who shall govern it. Every age and generation is, and must be, (as a matter of right,) as free to act for itself in all cases, as the age and generation that preceded it. The vanity and presumption of governing beyond the grave is the most ridiculous and insolent of all tyrannies. Man has no property in man, neither has one generation a property in the generations that are to follow.
In the first part of the Rights of Man I have spoken of government by hereditary succession; and I will here close the subject with an extract from that work, which states it under the two following heads. (1)