[Footnote 22 This proposition must hold strictly true, with regard to every quality, that is determin’d merely by sentiment. In what sense we can talk either of a right or a wrong taste in morals, eloquence, or beauty, shall be considerd afterwards. In the mean time, it may be observ’d, that there is such an uniformity in the general sentiments of mankind, as to render such questions of but small importance.]
We find, that magistrates are so far from deriving their authority, and the obligation to obedience in their subjects, from the foundation of a promise or original contract, that they conceal, as far as possible, from their people, especially from the vulgar, that they have their origin from thence. Were this the sanction of government, our rulers would never receive it tacitly, which is the utmost that can be pretended; since what is given tacitly and insensibly can never have such influence on mankind, as what is performed expressly and openly. A tacit promise is, where the will is signified by other more diffuse signs than those of speech; but a will there must certainly be in the case, and that can never escape the person’s notice, who exerted it, however silent or tacit. But were you to ask the far greatest part of the nation, whether they had ever consented to the authority of their rulers, or promised to obey them, they would be inclined to think very strangely of you; and would certainly reply, that the affair depended not on their consent, but that they were born to such an obedience. In consequence of this opinion, we frequently see them imagine such persons to be their natural rulers, as are at that time deprived of all power and authority, and whom no man, however foolish, would voluntarily chuse; and this merely because they are in that line, which ruled before, and in that degree of it, which used to succeed; though perhaps in so distant a period, that scarce any man alive coued ever have given any promise of obedience. Has a government, then, no authority over such as these, because they never consented to it, and would esteem the very attempt of such a free choice a piece of arrogance and impiety? We find by experience, that it punishes them very freely for what it calls treason and rebellion, which, it seems, according to this system, reduces itself to common injustice. If you say, that by dwelling in its dominions, they in effect consented to the established government; I answer, that this can only be, where they think the affair depends on their choice, which few or none, beside those philosophers, have ever yet imagined. It never was pleaded as an excuse for a rebel, that the first act he perform d, after he came to years of discretion, was to levy war against the sovereign of the state; and that while he was a child he coued not bind himself by his own consent, and having become a man, showed plainly, by the first act he performed, that he had no design to impose on himself any obligation to obedience. We find,