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Government being not only that which governs�察�but that which has  the right to govern�察�obedience to it becomes a moral duty�察�not a  mere physical necessity。  The right to govern and the duty to  obey are correlatives�察�and the one cannot exist or be conceived  without the other。  Hence loyalty is not simply an amiable  sentiment but a duty�察�a moral virtue。  Treason is not merely a  difference in political opinion with the governing authority�察�but  a crime against the sovereign�察�and a moral wrong�察�therefore a sin  against God�察�the Founder of the moral Law。  Treason�察�if committed  in other Countries�察�unhappily�察�has been more frequently termed by  our countrymen Patriotism and loaded with honor than branded as a  crime�察�the 22            greatest of crimes�察�as it is�察�that human governments  have authority to punish。  The American people have been chary of  the word loyalty�察�perhaps because they regard it as the  correlative of royalty�察�but loyalty is rather the correlative of  law�察�and is�察�in its essence�察�love and devotion to the sovereign  authority�察�however constituted or wherever lodged。  It is as  necessary�察�as much a duty�察�as much a virtue in republics as in  monarchies�察�and nobler examples of the most devoted loyalty are  not found in the world's history than were exhibited in the  ancient Greek and Roman republics�察�or than have been exhibited by  both men and women in the young republic of the United States。   Loyalty is the highest�察�noblest�察�and most generous of human  virtues�察�and is the human element of that sublime love or charity  which the inspired Apostle tells us is the fulfilment of the law。   It has in it the principle of devotion�察�of self´sacrifice�察�and  is�察�of all human virtues�察�that which renders man the most  Godlike。  There is nothing great�察�generous�察�good�察�or heroic of  which a truly loyal people are not capable�察�and nothing mean�察 �base�察�cruel�察�brutal�察�criminal�察�detestable�察�not to be expected of  a really disloyal people。  Such a people no generous sentiment  can move�察�no love can bind。  It mocks at duty�察�scorns vir´ 23                                                          tue�察 �tramples on all rights�察�and holds no person�察�no thing�察�human or  divine�察�sacred or inviolable。  The assertion of government as  lying in the moral order�察�defines civil liberty�察�and reconciles  it with authority。  Civil liberty is freedom to do whatever one  pleases that authority permits or does not forbid。  Freedom to  follow in all things one's own will or inclination�察�without any  civil restraint�察�is license�察�not liberty。  There is no lesion to  liberty in repressing license�察�nor in requiring obedience to the  commands of the authority that has the right to command。  Tyranny  or oppression is not in being subjected to authority�察�but in  being subjected to usurped authorityto a power that has no  right to command�察�or that commands what exceeds its right or its  authority。  To say that it is contrary to liberty to be forced to  forego our own will or inclination in any case whatever�察�is  simply denying the right of all government�察�and falling into  no´governmentism。  Liberty is violated only when we are required  to forego our own will or inclination by a power that has no  right to make the requisition�察�for we are bound to obedience as  far as authority has right to govern�察�and we can never have the  right to disobey a rightful command。  The requisition�察�if made by  right´ 24      ful authority�察�then�察�violates no right that we have or can  have�察�and where there is no violation of our rights there is no  violation of our liberty。  The moral right of authority�察�which  involves the moral duty of obedience�察�presents�察�then�察�the ground  on which liberty and authority may meet in peace and operate to  the same end。

This has no resemblance to the slavish doctrine of passive  obedience�察�and that the resistance to power can never be lawful。   The tyrant may be lawfully resisted�察�for the tyrant�察�by force of  the word itself�察�is a usurper�察�and without authority。  Abuses of  power may be resisted even by force when they become too great to  be endured�察�when there is no legal or regular way of redressing  them�察�and when there is a reasonable prospect that resistance  will prove effectual and substitute something better in their  place。  But it is never lawful to resist the rightful sovereign�察 �for it can never be right to resist right�察�and the rightful  sovereign in the constitutional exercise of his power can never  be said to abuse it。  Abuse is the unconstitutional or wrongful  exercise of a power rightfully held�察�and when it is not so  exercised there is no abuse or abuses to redress。  All turns�察 �then�察�on the right of power�察�or its legitimacy。  Whence does  government de´ 25              rive its right to govern�拭 �What is the origin and  ground of sovereignty�拭 �This question is fundamental and without  a true answer to it politics cannot be a science�察�and there can  be no scientific statesmanship。  Whence�察�then�察�comes the  sovereign right to govern��





26 CHAPTER III。

ORIGIN OF GOVERNMENT


Government is both a fact and a right。  Its origin as a fact�察�is  simply a question of history�察�its origin as a right or authority  to govern�察�is a question of ethics。  Whether a certain territory  and its population are a sovereign state or nation�察�or  notwhether the actual ruler of a country is its rightful ruler�察 �or notis to be determined by the historical facts in the case�察 �but whence the government derives its right to govern�察�is a  question that can be solved only by philosophy�察�or�察�philosophy  failing�察�only by revelation。

Political writers�察�not carefully distinguishing between the fact  and the right�察�have invented various theories as to the origin of  government�察�among which may be named I。 Government originates in the right of the father to govern his  child。 II。 It originates in convention�察�and is a social compact。 27 III。 It originates in the people�察�who�察�collectively taken�察�are  sovereign。 IV。 Government springs from the spontaneous development of nature。 V。 It derives its right from the immediate and express  appointment of God�察�VI。 From God through the Pope�察�or visible head of the spiritual  society�察�VII。 From God through the people�察�VIII。 From God through the natural law。

I。 The first theory is sound�察�if the question is confined to the  origin of government as a fact。  The patriarchal system is the  earliest known system of government�察�and unmistakable traces of  it are found in nearly all known governmentsin the tribes of  Arabia and Northern Africa�察�the Irish septs and the Scottish  clans�察�the Tartar hordes�察�the Roman qentes�察�and the Russian and  Hindoo villages。  The right of the father was held to be his  right to govern his family or household�察�which�察�with his children�察 �included his wife and servants。  From the family to the tribe the  transition is natural and easy�察�as also from the tribe to the  nation。  The father is chief of the family�察�the chief of the  eldest family is chief of the tribe�察�the chief of the eldest  tribe becomes chief of the nation�察�28                                    and�察�as such�察�king or monarch。   The heads of families collected in a senate form an aristocracy�察 �and the families themselves�察�represented by their delegates�察�or  publicly assembling for public affairs�察�constitute a democracy。   These three forms�察�with their several combinations�察�to wit�察 �monarchy�察�aristocracy�察�democracy�察�and mixed governments�察�are all  the forms known to Aristotle�察�and have generally been held to be  all that are possible。

Historically�察�all governments have�察�in some sense�察�been developed  from the patriarchal�察�as all society has been developed from the  family。  Even those governments�察�like the ancient Roman and the  modern feudal�察�which seem to be founded on landed property�察�may  be traced back to a patriarchal origin。  The patriarch is sole  proprietor�察�and the possessions of the family are vested in him�察 �and he governs as proprietor as well as father。  In the tribe�察 �the chief is the proprietor�察�and in the nation�察�the king is the  landlord�察�and holds the domain。  Hence�察�the feudal baron is  invested with his fief by the suzerain�察�holds it from him�察�and to  him it escheats when forfeited or vacant。  All the great Asiatic  kings of ancient or modern times hold the domain and govern as  proprietors�察�they have the authority of the father and 29                                                        the owner�察 �and their subjects�察�though theoretically their children�察�are  really their slaves。

In Rome�察�however�察�the proprietary right undergoes an important  transformation。  The father retains all the power of the  patriarch within his family�察�the patrician in his gens or house�察 �but�察�outside of it�察�is met and controlled by the city or state。   The heads of houses are united in the senate�察�and collectively  constitute and govern the state。  Yet�察�not all the heads of  houses have seats in the senate�察�but only the tenants of the  sacred territory of the city�察�which has been surveyed and marked  by the god Terminus。  Hence the great plebeian houses�察�often  richer and nobler than the patrician�察�were excluded from all  share in the government and the honors of the state�察�because they  were not tenants of any portion of the sacred territory。  There  is here the introduction of an element which is not patriarchal�察 �and which transforms the patriarch or chief of a tribe into the  city or state�察�and founds the civil order�察�or what is now called  civilization。  The city or state takes the place of the private  proprietor�察�and territorial rights take the place of purely  personal rights。

In the theory of the Roman law�察�the land owns the man�察�not the  man the land。  When land was transferred to a new tenant�察�the  prac´ 30     tice in early times was to bury him in it�察�in order to  indicate that it took possession of him�察�received�察�accepted�察�or  adopted him�察�and it was only such persons as were taken  possession of�察�accepted or adopted by the sacred territory or  domain that�察�though denizens of Rome�察�were citizens with full  political rights。  This�察�in modern language�察�means that the state  is territorial�察�not personal�察�and that the citizen appertains to  the state�察�not the state to the citizen。  Under the patriarchal�察 �th

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