CH. III.]
NATURE OF THE CONSTITUTION.
293
§ 325. The doctrine maintained by many eminent writers upon public law in modern times is, that civil society has its foundation in a voluntary consent or submission;[1] and, therefore, it is often said to depend upon a social compact of the people composing the nation. And this, indeed, does not, in substance, differ from the definition of it by Cicero, Multitudo, juris consensu et utilitatis communione sociata; that is, (as Burlamaqui gives it,) a multitude of people united together by a common interest, and by common laws, to which they submit with one accord.[2]
- ↑ Woodeson's Elements of Jurisprudence, 21, 22; 1 Wilson's Law Lect. 304, 305; Vattel, B. 1, ch. 1, § 1, 2; 2 Burlamaqui, Part 1, ch. 2, 3, 4; 1 Black. Comm. 47, 48; Heinecc. L. 2, ch. 1, § 12 to 18; (2 Turnbull, Heinecc. System of Universal Law, B. 2, ch. 1, § 9 to 12;) Id. ch. 6, § 109 to 115.
- ↑ 2 Burlamaqui, Part 1, ch. 4, § 9; Heinecc. Elem. Juris. Natur. L. 2, ch. 6, § 107.
Mr. Locke is one of the most eminent authors, who have treated on this subject. He founds all civil government upon consent. "When," says he, "any number of men have so consented to make a community or government, they are thereby presently incorporated, and make one body politic, wherein the majority hare a right to act, and conclude the rest."[a 1] And he considers this consent to be bound by the will of the majority, as the indispensable result of becoming a community; "else," says he, "this original compact, whereby he, with others, incorporates into one society, would signify nothing, and be no compact at all."[a 2] Doctor Paley has urged some very forcible objections against this doctrine, both as matter of theory and of fact, with which, however, it is unnecessary here to intermeddle. The discussion of them would more properly belong to lectures upon natural and political law.[a 3] Mr. Burke has, in one of his most splendid performances, made some profound reflections on this subject, the conclusion of which seems to be, that if society is to be deemed a contract, it is one of eternal obligation, and not liable to be dissolved at the will of those, who have entered into it. The passage is as follows: "Society is indeed a contract. Subordinate contracts for objects of more occasional interest may be deposited at pleasure. But the state ought not to be considered as nothing better than a partnership agree-
