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past�察�or taking their place with nations on whom the light of civilization has never yet dawned。 All is not gold that glisters。
The characteristic of barbarism is�察�that it makes all authority a private or personal right�察�and the characteristic of civilization is�察�that it makes it a public trust。 Barbarism knows only persons�察�civilization asserts and maintains the state。 With barbarians the authority of the patriarch is developed simply by way of explication�察�in civilized states it is developed by way of transformation。 Keeping in mind this distinction�察�it may be maintained that all systems of government�察�as a simple historical fact�察�have been developed from the patriarchal。 The patriarchal has preceded them all�察�and it is with the patriarchal that the human race has begun its career。 The family or household is not a state�察�a civil polity�察�but it is a government�察�and�察 �historically considered�察�is the initial or inchoate state as well as the initial or inchoate nation。 But its simple direct development gives us barbarism�察�or what is called Oriental despotism�察�and which nowhere exists�察�or can exist�察�in Christendom。 It is found only in pagan and Mohammedan nations�察�Christianity in the secular order is republican�察�and continues 39 and completes the work of Greece and Rome。 It meets with little permanent success in any patriarchal or despotic nation�察�and must either find or create civilization�察�which has been developed from the patriarchal system by way of transformation。
But�察�though the patriarchal system is the earliest form of government�察�and all governments have been developed or modified from it�察�the right of government to govern cannot be deduced from the right of the father to govern his children�察�for the parental right itself is not ultimate or complete。 All governments that assume it to be so�察�and rest on it as the foundation of their authority�察�are barbaric or despotic�察�and�察�therefore �察�without any legitimate authority。 The right to govern rests on ownership or dominion。 Where there is no proprietorship�察�there is no dominion�察 �and where there is no dominion�察�there is no right to govern。 Only he who is sovereign proprietor is sovereign lord。
Property�察�ownership�察�dominion rests on creation。 The maker has the right to the thing made。 He�察�so far as he is sole creator�察 �is sole proprietor�察�and may do what he will with it。 God is sovereign lord and proprietor of the universe because He is its sole creator。 He 40 hath the absolute dominion�察�because He is absolute maker。 He has made it�察�He owns it�察�and one may do what he will with his own。 His dominion is absolute�察�because He is absolute creator�察�and He rightly governs as absolute and universal lord�察�yet is He no despot�察�because He exercises only His sovereign right�察�and His own essential wisdom�察�goodness�察 �justness�察�rectitude�察�and immutability�察�are the highest of all conceivable guaranties that His exercise of His power will always be right�察�wise�察�just�察�and good。 The despot is a man attempting to be God upon earth�察�and to exercise a usurped power。 Despotism is based on�察�the parental right�察�and the parental right is assumed to be absolute。 Hence�察�your despotic rulers claim to reign�察�and to be loved and worshipped as gods。 Even the Roman emperors�察�in the fourth and fifth centuries�察�were addressed as divinities�察�and Theodosius the Great�察�a Christian �察�was addressed as ;Your Eternity�察─�Eternitas vestrasso far did barbarism encroach on civilization�察�even under Christian emperors。
The right of the father over his child is an imperfect right�察�for he is the generator�察�not the creator of his child。 Generation is in the order of second causes�察�and is simply the development or explication of the race。 The 41 early Roman law�察�founded on the confusion of generation with creation�察�gave the father absolute authority over the childthe right of life and death�察�as over his servants or slaves�察�but this was restricted under the Empire�察 �and in all Christian nations the authority of the father is treated�察�like all power�察�as a trust。 The child�察�like the father himself�察�belongs to the state�察�and to the state the father is answerable for the use he makes of his authority。 The law fixes the age of majority�察�when the child is completely emancipated�察 �and even during his nonage�察�takes him from the father and places him under guardians�察�in case the father is incompetent to fulfil or grossly abuses his trust。 This is proper�察�because society contributes to the life of the child�察�and has a right as well as an interest in him。 Society�察�again�察�must suffer if the child is allowed to grow up a worthless vagabond or a criminal�察�and has a right to intervene�察�both in behalf of itself and of the child�察�in case his parents neglect to train him up in the nurture and admonition of the Lord�察�or are training him up to be a liar�察�a thief�察�a drunkard�察�a murderer�察�a pest to the community。 How�察 �then�察�base the right of society on the right of the father�察 �since�察�in point of fact�察�the 42 right of society is paramount to the right of the parent��
But even waiving this�察�and granting what is not the fact that the authority of the father is absolute�察�unlimited�察�it cannot be the ground of the right of society to govern。 Assume the parental right to be perfect and inseparable from the parental relation�察 �it is no right to govern where no such relation exists。 Nothing true�察�real�察�solid in government can be founded on what Carlyle calls a ;sham。; The statesman�察�if worthy of the name�察�ascertains and conforms to the realities�察�the verities of things�察�and all jurisprudence that accepts legal fictions is imperfect�察�and even censurable。 The presumptions or assumptions of law or politics must have a real and solid basis�察�or they are inadmissible。 How�察 �from the right of the father to govern his own child�察�born from his loins�察�conclude his right to govern one not his child�拭 �Or how�察�from my right to govern my child�察�conclude the right of society to found the state�察�institute government�察�and exercise political authority over its members��
CHAPTER IV。
ORIGIN OF GOVERNMENTCONTINUED。
II。 Rejecting the patriarchal theory as untenable�察�and shrinking from asserting the divine origin of government�察�lest they should favor theocracy�察�and place secular society under the control of the clergy�察�and thus disfranchise the laity�察�modern political writers have sought to render government purely human�察�and maintain that its origin is conventional�察�and that it is founded in compact or agreement。 Their theory originated in the seventeenth century�察�and was predominant in the last century and the first third of the present。 It has been�察�and perhaps is yet�察 �generally accepted by American politicians and statesmen�察�at least so far as they ever trouble their heads with the question at all�察�which it must be confessed is not far。
The moral theologians of the Church have generally spoken of government as a social pact or compact�察�and explained the reciprocal rights and obligations of subjects and rulers by the 44 general law of contracts�察�but they have never held that government originates in a voluntary agreement between the people and their rulers�察�or between the several individuals composing the community。 They have never held that government has only a conventional origin or authority。 They have simply meant�察�by the social compact�察�the mutual relations and reciprocal rights and duties of princes and their subjects�察�as implied in the very existence and nature of civil society。 Where there are rights and duties on each side�察�they treat the fact�察�not as an agreement voluntarily entered into�察�and which creates them�察�but as a compact which binds alike sovereign and subject�察�and in determining whether either side has sinned or not�察�they inquire whether either has broken the terms of the social compact。 They were engaged�察�not with the question whence does government derive its authority�察�but with its nature�察�and the reciprocal rights and duties of governors and the governed。 The compact itself they held was not voluntarily formed by the people themselves�察�either individually or collectively�察�but was imposed by God�察�either immediately�察�or mediately�察�through the law of nature。 ;Every man�察─�says Cicero�察 �is born in society�察�and remains there。; They held the 45 same�察�and maintained that every one born into society contracts by that fact certain obligations to society�察�and society certain obligations to him�察�for under the natural law�察 �every one has certain rights�察�as life�察�liberty�察�and the pursuit of happiness�察�and owes certain duties to society for the protection and assistance it affords him。
But modern political theorists have abused the phrase borrowed from the theologians�察�and made it cover a political doctrine which they would have been the last to accept。 These theorists or political speculators have imagined a state of nature antecedently to civil society�察�in which men lived without government�察�law�察�or manners�察�out of which they finally came by entering into a voluntary agreement with some one of their number to be king and to govern them�察�or with one another to submit to the rule of the majority。 Hobbes�察�the English materialist�察�is among the earliest and most distinguished of the advocates of this theory。 He held that men lived�察�prior to the creation of civil society�察�in a state of nature�察�in which all were equal�察�and every one had an equal right to every thing�察�and to take any thing on which he could lay his hands and was strong enough to hold。 There was no law but the will of the strongest。 Hence�察 �the state of nature was a state of con´ 46 tinual war。 At length�察 �wearied and disgusted�察�men sighed for peace�察�and�察�with one accord�察�said to the tallest�察�bravest�察�or ablest among them�此�Come�察 �be our king�察�our master�察�our sovereign lord�察�and govern us�察�we surrender our natural rights and our natural independence to you�察 �with no other reserve or condition than that you maintain peace among us�察�keep