[§ 1. Of the Original Principles of Government.]

There are two principles which induce men to enter into a civil society, which we shall call the principles of authority and utility. At the head of every small society or association of men, we find a person of superior abilities. In a warlike society he is a man of superior strength, and in a polished one of superior mental capacity. Age and a long possession of power have also a tendency to strengthen authority. Age is naturally in our imagination connected with wisdom and experience, and a continuance in power bestows a kind of right to the exercise of it. But superior wealth still more than any of these qualities contributes to confer authority. This proceeds not from any dependence that the poor have upon the rich, for in general the poor are independent, and support themselves by their labour, yet, though they expect no benefit from them, they have a strong propensity to pay them respect. This principle is fully explained in the Theory of Moral Sentiments1, where it is shown that it arises from our sympathy with our superiors being greater than that with our equals or inferiors: we admire their Edition: current; Page: [10] happy situation, enter into it with pleasure, and endeavour to promote it1.

Among the great, as superior abilities of body and mind are not so easily judged of by others, it is more convenient, as it is more common, to give the preference to riches. It is evident that an old family, that is, one which has been long distinguished by its wealth, has more authority than any other. An upstart is always disagreeable, we envy his superiority over us and think ourselves [as] well entitled to wealth as he2. If I am told that a man’s grandfather was very poor and dependent on my family, I will grudge very much to see his grandson in a station above me, and will not be much disposed to submit to his authority. Superior age, superior abilities of body and of mind, ancient family and superior wealth seem to be the four things that give one man authority over another3.

The second principle which induces men to obey the civil magistrate is utility. Every one is sensible of the necessity of this principle to preserve justice and peace in the society. By civil institutions the poorest may get redress of injuries from the wealthiest and most powerful; and though there may be some irregularities in particular cases, as undoubtedly there are, yet we submit to them to avoid greater evils. It is the sense of public utility, more than of private, which influences men to obedience. It may sometimes be for my interest to disobey, and to wish government overturned, but I am sensible that other men are of a different opinion from me, and would not assist me Edition: current; Page: [11] in the enterprise. I therefore submit to its decision for the good of the whole.

If government has been of a long standing in a country, and if it be supported by proper revenues, and be at the same time in the hands of a man of great abilities, authority is then in perfection.

In all governments both these principles take place in some degree, but in a monarchy the principle of authority prevails, and in a democracy that of utility. In Britain, which is a mixed government, the factions formed some time ago, under the names of Whig and Tory, were influenced by these principles, the former submitted to government on account of its utility and the advantages which they derived from it, while the latter pretended that it was of divine institution, and to offend against it was equally criminal as for a child to rebel against its parent. Men in general follow these principles according to their natural dispositions. In a man of a bold, daring and bustling turn the principle of utility is predominant, and a peaceable easy turn of mind usually is pleased with a tame submission to superiority1.

It has been a common doctrine in this country that contract is the foundation of allegiance to the civil magistrate2. But that this is not the case will appear from the following reasons.

In the first place the doctrine of an original contract is peculiar to Great Britain, yet government takes place where it was never thought of, which is even the case with the greater part of people in this country3. Ask a common Edition: current; Page: [12] porter or day-labourer why he obeys the civil magistrate, he will tell you that it is right to do so, that he sees others do it, that he would be punished if he refused to do it, or perhaps that it is a sin against God not to do it. But you will never hear him mention a contract as the foundation of his obedience.

Secondly, when certain powers of government were at first entrusted to certain persons upon certain conditions, it is true that the obedience of those who entrusted it might be founded on a contract, but their posterity have nothing to do with it, they are not conscious of it, and therefore cannot be bound by it. It may indeed be said that by remaining in the country you tacitly consent to the contract and are bound by it. But how can you avoid staying in it? You were not consulted whether you should be born in it or not. And how can you get out of it? Most people know no other language nor country, are poor, and obliged to stay not far from the place where they were born, to labour for a subsistence. They cannot, therefore, be said to give any consent to a contract, though they may have the strongest sense of obedience. To say that by staying in a country a man agrees to a contract of obedience to government is just the same with carrying a man into a ship and after he is at a distance from land to tell him that by being in the ship1 he has contracted to obey the master2. The foundation of a duty cannot be a principle with which mankind is entirely unacquainted. They must have some idea, however confused, of the principle upon which they act.

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But again, upon the supposition of an original contract, by leaving the state you expressly declare that you will no longer continue a subject of it and are freed from the obligation which you owed it. Yet every state claims its own subjects and punishes them for such practices1, which would be the highest injustice if their living in the country implies a consent to a former agreement. Again, if there be such a thing as an original contract, aliens who come into a country, preferring it to others, give the most express consent to it. Yet a state always suspects aliens as retaining a prejudice in favour of their mother country, and they are never so much depended upon as free-born subjects2. So much is the English law influenced by this principle that no alien can hold a place under the government, even though he should be naturalized by act of parliament3. Besides, if such a contract were supposed, why should the state require an oath of allegiance, whenever a man enters on any office? For if they supposed a previous contract, what occasion is there for renewing it? Breach of allegiance or high treason is a much greater crime, and more severely punished, in all nations, than breach of contract, in which no more but fulfilment is required. They must, therefore, be on a different footing, the less can by no means involve in it the greater contract. Contract is not therefore the principle of obedience to civil government, but the principles of authority and utility formerly explained.

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