tion, the abdication of this inalienable sovereignty; and he obtained it.
But what is sovereignty? It is, they say, the power to make laws.[1] Another absurdity, a relic of despotism. The nation had long seen kings issuing their commands in this form: for such is our pleasure; it wished to taste in its turn the pleasure of making laws. For fifty years it has brought them forth by myriads; always, be it understood, through the agency of representatives. The play is far from ended.
The definition of sovereignty was derived from the definition of the law. The law, they said, is the expression of the will of the sovereign: then, under a monarchy, the law is the expression of the will of the king; in a republic, the law is the expression of the will of the people. Aside from the difference in the number of wills, the two systems are exactly identical: both share the same error, namely, that the law is the expression of a will; it ought to be the expression of a fact. Moreover they followed good leaders: they took the citizen of Geneva for their prophet, and the contrat social for their Koran.
Bias and prejudice are apparent in all the phrases of the new legislators. The nation had suffered from a multitude of exclusions and privileges; its representatives issued the following declaration: All men are equal by nature and before the law; an ambiguous and redundant declaration. Men are equal by nature: does that mean that they are equal in size, beauty, talents, and virtue? No; they meant, then, political and civil equality. Then it would have been sufficient to have said: All men are equal before the law.
- ↑ “Sovereignty,” according to Toullier, “is human omnipotence.” A materialistic definition: if sovereignty is any thing, it is a right, not a force or a faculty. And what is human omnipotence?
