ТОП просматриваемых книг сайта:
.
Читать онлайн.
Of the Sovereign, his Obligations, and his Rights.
The reader cannot expect to find here a long deduction of the rights of sovereignty, and the functions of a prince. These are to be found in treatises on the public law. In this chapter we only propose to shew, in consequence of the grand principles of the law of nations, what a sovereign is, and to give a general idea of his obligations and his rights.
We have said that the sovereignty is that public authority which commands in civil society, and orders and directs what each citizen is to perform, to obtain the end of its institution. This authority originally and essentially belonged to the body of the society, to which each member submitted, and ceded his natural right of conducting himself in every thing as he pleased according to the dictates of his own understanding, and of doing himself justice. But the body of the society does not always retain in its own hands this sovereign authority: it frequently intrusts it to a senate, or to a single person. That senate, or that person, is then the sovereign. <13>
§39. It is solely established for the safety and advantage of society.
It is evident that men form a political society, and submit to laws, solely for their own advantage and safety. The sovereign authority is then established only for the common good of all the citizens; and it would be absurd to think that it could change its nature on passing into the hands of a senate or a monarch. Flattery therefore cannot, without rendering itself equally ridiculous and odious, deny that the sovereign is only established for the safety and advantage of society.
A good prince, a wise conductor of society, ought to have his mind impressed with this great truth, that the sovereign power is solely intrusted to him for the safety of the state, and the happiness of all the people,—that he is not permitted to consider himself as the principal object in the administration of affairs, to seek his own satisfaction, or his private advantage,—but that he ought to direct all his views, all his steps, to the greatest advantage of the state and people who have submitted to him.* What a noble sight it is to see a king of England rendering his parliament an account of his principal operations,—assuring that body, the representatives of the nation, that he has no other end in view than the glory of the state, and the happiness of his people,—and affectionately thanking all who concur with him in such salutary views! Certainly a monarch who makes use of this language, and by his conduct proves the sincerity of his professions, is, in the opinion of the wise, the only great man. But in most kingdoms, a criminal flattery has long since caused these maxims to be forgotten. A crowd of servile courtiers easily persuade a proud monarch that the nation was made for him, and not he for the nation. He soon considers the kingdom as a patrimony that is his own property, and his people as a herd of cattle from which he is to derive his wealth, and which he may dispose of to answer his own views, and gratify his passions. Hence those fatal wars undertaken by ambition, restlessness, hatred and pride;—hence those oppressive taxes, whose produce is dissipated by ruinous luxury, or squandered upon mistresses and favourites;—hence, in fine, are important posts given by favour, while public merit is neglected, and every thing that does not immediately interest the prince, is abandoned to ministers and subalterns. Who can, in this unhappy government, discover an authority established for the public welfare?—A great prince will be on his guard even against his virtues. Let us not say, with some writers, that private virtues are not the virtues of kings,—a maxim of superficial politicians, or <14> of those who are very inaccurate in their expressions. Goodness, friendship, gratitude, are still virtues on the throne; and would to God they were always to be found there! but a wise king does not yield an undiscerning obedience to their impulse. He cherishes them, he cultivates them in his private life: but in state-affairs he listens only to justice and sound policy. And why? because he knows that the government was intrusted to him only for the happiness of society, and that therefore he ought not to consult his own pleasure in the use he makes of his power. He tempers his goodness with wisdom. He gives to friendship his domestic and private favours; he distributes posts and employments according to merit,—public rewards to services done to the state. In a word, he uses the public power only with a view to the public welfare. All this is comprehended in that fine saying of Lewis XII.10 “A king of France does not revenge the injuries of a duke of Orleans.”
§40. Of his representative character.
A political society is a moral person (prelim. §2) inasmuch as it has an understanding and a will of which it makes use for the conduct of its affairs, and is capable of obligations and rights. When therefore a people confer the sovereignty on any one person, they invest him with their understanding and will, and make over to him their obligations and rights, so far as relates to the administration of the state, and to the exercise of the public authority. The sovereign, or conductor of the state, thus becoming the depositary of the obligations and rights relative to government, in him is found the moral person, who, without absolutely ceasing to exist in the nation, acts thenceforwards only in him and by him. Such is the origin of the representative character attributed to the sovereign. He represents the nation in all the affairs in which he may happen to be engaged as a sovereign. It does not debase the dignity of the greatest monarch to attribute to him this representative character; on the contrary, nothing sheds a greater lustre on it, since the monarch thus unites in his own person all the majesty that belongs to the entire body of the nation.
§41. He is intrusted with the obligations of the nation, and invested with its rights.
The sovereign, thus clothed with the public authority, with every thing that constitutes the moral personality of the nation, of course becomes bound by the obligations of that nation, and invested with its rights.
§42. His duty with respect to the preservation and perfection of the nation.
All that has been said in chap. II. of the general duties of a nation towards itself, particularly regards the sovereign. He is the depositary of the empire, and of the power of commanding whatever conduces to the public welfare; he ought, therefore, as a tender and wise father, and as a faithful administrator, to watch for the nation, and take care to preserve it, and render it more perfect,—to better its state, and to secure it, as far as possible, against every thing that threatens its safety or its happiness.
§43. His rights in this respect.
Hence all the rights which a nation derives from its obligation to preserve and perfect itself, and to improve its state, (see §§18, <15> 20, and 23, of this book)—all these rights, I say, reside in the sovereign, who is therefore indifferently called the conductor of the society, superior, prince, &c.
§44. He ought to know the nation.
We have observed above, that every nation ought to know itself. This obligation devolves on the sovereign, since it is he who is to watch over the preservation and perfection of the nation. The duty which the law of nature here imposes on the conductors of nations is of extreme importance, and of considerable extent. They ought exactly to know the whole country subject to their authority,—its qualities, defects, advantages, and situation with regard to the neighbouring states; and they ought to acquire a perfect knowledge of the manners and general