But to whom is allegiance due? And who are our lawful sovereigns?
This question is often the most difficult of any, and liable to
infinite discussions. When people are so happy that they can answer,
“Our present sovereign, who inherits, in a direct line, from
ancestors that have governed us for many ages,” this answer admits
of no reply, even though historians, in tracing up to the remotest
antiquity the origin of that royal family, may find, as commonly
happens, that its first authority was derived from usurpation and
violence. It is confessed that private justice, or the abstinence
from the properties of others, is a most cardinal virtue; yet reason
tells us that there is no property in durable objects, such as lands
or houses, when carefully examined in passing from hand to hand, but
must in some period have been founded on fraud and injustice. The
necessities of human society, neither in private nor public life, will
allow of such an accurate inquiry; and there is no virtue or moral duty
but what may with facility be refined away if we indulge in a false
philosophy, in sifting and scrutinizing it, by every captious rule of
logic, in every light or position in which it may be placed.
The questions with regard to public property have filled infinite
volumes of law and philosophy, if in both we add the commentators to
the original text; and in the end we may safely pronounce that many of
the rules there established are uncertain, ambiguous, and arbitrary.
The like opinion may be formed with regard to the successions and
rights of princes and forms of government. Many cases no doubt occur,
especially in the infancy of any government, which admit of no
determination from the laws of justice and equity; and our historian
Rapin allows that the controversy between Edward III. and Philip de
Valois was of this nature, and could be decided only by an appeal to
heaven—that is, by war and violence.
Who shall tell me whether Germanicus or Drusus ought to have succeeded
Tiberius had he died while they were both alive without naming either
of them for his successor? Ought the right of adoption to be received
as equivalent to that of blood in a nation where it had the same effect
in private families, and had already in two instances taken place in
the public? Ought Germanicus to be esteemed the eldest son because he
was born before Drusus, or the younger because he was adopted
after the birth of his brother? Ought the right of the elder to be
regarded in a nation where the eldest brother had no advantage in the
succession of private families? Ought the Roman Empire at that time to
be esteemed hereditary because of two examples, or ought it even so
early to be regarded as belonging to the stronger or present possessor
as being founded on so recent a usurpation?