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XVIII: ON GOVERNMENT.—NO. I Ref. 004

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Government is aptly compared to architecture; if the superstructure is too heavy for the foundation the building totters, though assisted by outward props of art. But leaving it to everybody to mould the similitude according to his particular fancy, I shall only observe that the people have made the most considerable part of the legislature in every free state; which has been more or less so in proportion to the share they have had in the administration of affairs. The English constitution is fixed on the strongest basis; we choose whomsoever we please for our representatives, and thus we have all the advantages of a democracy without any of its inconveniences.

Popular governments have not been framed without the wisest reasons. It seemed highly fitting that the conduct of magistrates, created by and for the good of the whole, should be made liable to the inspection and animadversion of the whole. Besides, there could not be a more potent counterpoise to the designs of ambitious men than a multitude that hated and feared ambition. Moreover, the power they possessed, though great collectively, yet, being distributed among a vast number, the share of each individual was too inconsiderable to lay him under any temptations of turning it to a wrong use. Again, a body of people thus circumstanced cannot be supposed to judge amiss on any essential points; for if they decide in favor of themselves, which is extremely natural, their decision is just, inasmuch as whatever contributes to their benefit is a general benefit and advances the real public good. Hence we have an easy solution of the sophism, so often proposed by the abettors of tyranny, who tell us that when differences arise between a prince and his subjects the latter are incapable of being judges of the controversy, for that would be setting up judge and party in the same person.

Some foreigners have had a truer idea of our constitution. We read in the Memoirs of the late Archbishop of Cambray, Fenelon, the celebrated author of Telemachus, a conversation which he had with the Pretender (son of James the Second, of England): “If ever you come to the crown of England,” says the bishop, “you will be a happy prince; with an unlimited power to do good and only restrained from doing evil.” A blunt Briton, perhaps, would have said in plain English: “You ’ll be at liberty to do as much good as you please, but, by G—, you shall do us no hurt.” The bishop sweetened the pill; for such it would appear in its simple form to a mind fraught with notions of arbitrary power and educated among a people who, with the utmost simplicity, boast of their slavery.

What can be more ridiculous than to hear them frequently object to the English gentlemen that travel in their country, “What is your king? Commend me to our grand monarch, who can do whatever he pleases.” Ref. 005 But begging pardon of these facetious gentlemen, whom it is not my intention to disturb in their many notions of government, I shall go on to examine what were the sentiments of the ancient Romans on this head.

We find that their dictator, a magistrate never created but in cases of great extremity, vested with power as absolute during his office (which never exceeded six months) as the greatest kings were never possessed of,—this great ruler was liable to be called to an account by any of the tribunes of the people, Ref. 006 whose persons were at the same time rendered sacred by the most solemn laws.

This is evident proof that the Romans were of opinion that the people could not in any sense divest themselves of the supreme authority by conferring the most extensive power they possibly could imagine, on one or more persons acting as magistrates.

This appears still more evident in remarking that the people sat as umpire of the differences which had arisen between the dictator and senate in the case of young Fabius. Ref. 007

The great deference which Cicero paid to the judgment of the Roman people appears by those inimitable orations of which they were the sole judges and auditors. That great orator had a just opinion of their understanding. Nothing gave him a more sensible pleasure than their approbation. But the Roman populace were more learned than ours, more virtuous perhaps, but their sense of discernment was not better than ours. However, the judgment of a whole people, especially of a free people, is looked upon to be infallible, so that it has become a common proverb that the voice of God is the voice of the people, Vox Dei est populi vox. And this is universally true while they remain in their proper sphere, unbiased by faction, undeluded by the tricks of designing men.

Thank God! we are in the full enjoyment of all these privileges. But can we be taught to prize them too much? or how can we prize them equal to their value if we do not know their intrinsic worth, and that they are not a gift bestowed upon us by other men, but a right that belongs to us by the laws of God and nature?

Since they are our right, let us be vigilant to preserve them uninfringed and free from encroachments. If animosities arise and we should be obliged to resort to party, let each of us range himself on the side which unfurls the ensigns of public good. Faction will then vanish, which, if not timely suppressed, may overturn the balance, the palladium of liberty, and crush us under its ruins.

The design of this paper is to assert the common rights of mankind by endeavouring to illustrate eternal truths that cannot be shaken even with the foundations of the world.

I may take another opportunity to show how a government founded on these principles rises into the most beautiful structure, with all the graces of symmetry and proportion, as much different from that raised on arbitrary power as Roman architecture from a Gothic building.

The Works of Benjamin Franklin, Volume 2

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