Whether in democratic France, Italy, Belgium or Norway, or in autocratic Germany or Austria-Hungary, the government is considered as in a sense coming down from above. It is believed, and taught, that government exists by divine right and that it has per se its own position and rightful place of domination. That it exists for itself, and not as a means to an end. But in Great Britain, the United States, and also in the British self-governing colonies, as compared with this, the whole order of things is upside down, so to speak. We believe that all governments arise from the people, that they should derive their just powers from the consent of the governed, and that they are merely an instrumentality to help the people to help themselves—to protect them in their inherent, inborn right to life, liberty and the pursuit of happiness. Also the government should act upon the principle of the greatest good of the greatest number as a test when there is any conflict between individual and social rights.
Of course it is now popularly understood that an autocracy like that of Germany until recently, was built up on the theory of the divine right of governments and of the princes who administered them. The constitutions of the German states and especially of the Empire of Germany, were the gift or gifts of the German princes to the people and not the expression of the will of the people, as in the United States, or of the people as represented in Parliament, as in Great Britain. Thus the King of Prussia, who was also Emperor of Germany, was God’s representative on earth and responsible to God alone for the administration of his office. He, as well as the various princes in their respective states, were above all earthly law, were laws unto themselves, and they and their serving (or servile) officials were to be obeyed without question. Disobedience to the “princes’” laws was not only treasonable but sacrilegious as well. This fact goes far to explain the atrocities committed with the consent of German public opinion. William the Damned and his bureaucracy were believed to be above all moral or human law, and from the earthly standpoint were infallible and irresponsible. Their orders must be obeyed without question.
As already stated, few people realize that while even the European democracies do not accept the bald theory of the divine right of kings but believe in the divine right of the people, yet somehow or other these divine rights come down to the people by the gift of the government, and are not inherent or inalienable, as our Declaration of Independence would say. This is well illustrated by the principle of the freedom of the press, which is usually considered one of the greater guarantees of individual liberty. An examination of the provisions of various continental constitutions shows that this freedom is given or guaranteed by the government or by these documents themselves.