We shall only observe, before we conclude, that though an appeal to
general opinion may justly, in the speculative sciences of metaphysics,
natural philosophy, or astronomy, be esteemed unfair and inconclusive,
yet in all questions with regard to morals, as well as criticism, there
is really no standard by which any controversy can ever be decided.
And nothing is a clearer proof that a theory of this kind is erroneous
than to find that it leads to paradoxes which are repugnant to the
common sentiments of mankind and to general practice and opinion. The
doctrine which founds all lawful government on an original contract,
or consent of the people, is plainly of this kind; nor has the
ablest of its partisans in prosecution of it scrupled to affirm that
absolute monarchy is inconsistent with civil society, and so can be no
form of civil government at all,[106] and that the supreme power in a
state cannot take from any man by taxes and impositions any part of his
property without his own consent or that of his representatives.[107]
What authority any moral reasoning can have which leads to opinions so
wide of the general practice of mankind in every place but this single
kingdom it is easy to determine.[108]
NOTES, OF THE ORIGINAL CONTRACT.
[103] Henry IV. of France.
[104] It is remarkable that in the remonstrance of the Duke
of Bourbon and the legitimate princes against this destination of
Louis XIV., the doctrine of the original contract is insisted on, even
in that absolute government. The French nation, say they, choosing
Hugh Capet and his posterity to rule over them and their posterity,
where the former line fails, there is a tacit right reserved to
choose a new royal family; and this right is invaded by calling the
bastard princes to the throne without the consent of the nation. But
the Comte de Boulainvilliers, who wrote in defence of the bastard
princes, ridicules this notion of an original contract, especially
when applied to Hugh Capet; who mounted the throne, says he, by
the same arts which have ever been employed by all conquerors and
usurpers. He got his title, indeed, recognized by the states after
he had put himself in possession. But is this a choice or contract?
The Comte de Boulainvilliers, we may observe, was a noted republican;
but being a man of learning, and very conversant in history, he knew
the people were never almost consulted in these revolutions and new
establishments, and that time alone bestowed right and authority on
what was commonly at first founded on force and violence. (See _État de
la France_, vol. iii.)
[105] The crime of rebellion amongst the ancients was commonly
marked by the terms νεωτεριζειν, _novas res moliri_.
[106] See Locke on Government, chap. 7, § 90.
[107] Locke on Government, chap. 11, § 138, 139, 140.
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