Rousseau_contrat-social
daily more venerable: while wherever the laws grow weak as they become old, this proves that there is no longer a legislative power, and that the State is dead. 12. HOW THE SOVEREIGN AUTHORITY MAINTAINS ITSELF THE Sovereign, having no force other than the legislative power, acts only by means of the laws; and the laws being solely the authentic acts of the general will, the Sovereign cannot act save when the people is assembled. The people in assembly, I shall be told, is a mere chimera. It is so to-day, but two thousand years ago it was not so. Has man’s nature changed? The bounds of possibility, in moral matters, are less narrow than we imagine: it is our weaknesses, our vices and our prejudices that confine them. Base souls have no belief in great men; vile slaves smile in mockery at the name of liberty. Let us judge of what can be done by what has been done. I shall say nothing of the Republics of ancient Greece; but the Roman Republic was, to my mind, a great State, and the town of Rome a great town. The last census showed that there were in Rome four hundred thousand citizens capable of bearing arms, and the last computation of the population of the Empire showed over four million citizens, excluding subjects, foreigners, women, children and slaves. What difficulties might not be supposed to stand in the way of the frequent assemblage of the vast population of this capital and its neighbourhood. Yet few weeks passed without the Roman people being in assembly, and even being so several times. It exercised not only the rights of Sovereignty, but also a part of those of government. It dealt with certain matters, and judged certain cases, and this whole people was found in the public meeting-place hardly less often as magistrates than as citizens. If we went back to the earliest history of nations, we should find that most ancient governments, even those of monarchical form, such as the 70
Macedonian and the Frankish, had similar councils. In any case, the one incontestable fact I have given is an answer to all difficulties; it is good logic to reason from the actual to the possible. 13. THE SAME (continued) IT is not enough for the assembled people to have once fixed the constitution of the State by giving its sanction to a body of law; it is not enough for it to have set up a perpetual government, or provided once for all for the election of magistrates. Besides the extraordinary assemblies unforeseen circumstances may demand, there must be fixed periodical assemblies which cannot be abrogated or prorogued, so that on the proper day the people is legitimately called together by law, without need of any formal summoning. But, apart from these assemblies authorised by their date alone, every assembly of the people not summoned by the magistrates appointed for that purpose, and in accordance with the prescribed forms, should be regarded as unlawful, and all its acts as null and void, because the command to assemble should itself proceed from the law. The greater or less frequency with which lawful assemblies should occur depends on so many considerations that no exact rules about them can be given. It can only be said generally that the stronger the government the more often should the Sovereign show itself. This, I shall be told, may do for a single town; but what is to be done when the State includes several? Is the sovereign authority to be divided? Or is it to be concentrated in a single town to which all the rest are made subject? Neither the one nor the other, I reply. First, the sovereign authority is one and simple, and cannot be divided without being destroyed. In the second place, one town cannot, any more than one nation, legitimately be made subject to another, because the essence of the body politic lies in the reconciliation of obedience and liberty, and the words subject and Sovereign are identical correlatives the idea of which meets in the 71
- Page 19 and 20: offers no opposition. In such a cas
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daily more venerable: while wherever the laws grow weak as they become<br />
old, this proves that there is no longer a legislative power, and that<br />
the State is dead.<br />
12. HOW THE SOVEREIGN AUTHORITY MAINTAINS ITSELF<br />
THE Sovereign, having no force other than the legislative power, acts<br />
only by means of the laws; and the laws being solely the authentic acts<br />
of the general will, the Sovereign cannot act save when the people is<br />
assembled. The people in assembly, I shall be told, is a mere chimera.<br />
It is so to-day, but two thousand years ago it was not so. Has man’s<br />
nature changed?<br />
The bounds of possibility, in moral matters, are less narrow than we<br />
imagine: it is our weaknesses, our vices and our prejudices that confine<br />
them. Base souls have no belief in great men; vile slaves smile in<br />
mockery at the name of liberty.<br />
Let us judge of what can be done by what has been done. I shall say<br />
nothing of the Republics of ancient Greece; but the Roman Republic was,<br />
to my mind, a great State, and the town of Rome a great town. The last<br />
census showed that there were in Rome four hundred thousand citizens<br />
capable of bearing arms, and the last computation of the population of<br />
the Empire showed over four million citizens, excluding subjects,<br />
foreigners, women, children and slaves.<br />
What difficulties might not be supposed to stand in the way of the<br />
frequent assemblage of the vast population of this capital and its<br />
neighbourhood. Yet few weeks passed without the Roman people being in<br />
assembly, and even being so several times. It exercised not only the<br />
rights of Sovereignty, but also a part of those of government. It dealt<br />
with certain matters, and judged certain cases, and this whole people<br />
was found in the public meeting-place hardly less often as magistrates<br />
than as citizens.<br />
If we went back to the earliest history of nations, we should find that<br />
most ancient governments, even those of monarchical form, such as the<br />
70
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