The body politic, as well as the human body, begins to die as soon as it is born, and carries in itself the causes of its destruction.But both may have a constitution that is more or less robust and suited to preserve them a longer or a shorter time.The constitution of man is the work of nature; that of the State the work of art.It is not in men's power to prolong their own lives; but it is for them to prolong as much as possible the life of the State, by giving it the best possible constitution.The best constituted State will have an end; but it will end later than any other, unless some unforeseen accident brings about its untimely destruction.
The life-principle of the body politic lies in the sovereign authority.
The legislative power is the heart of the State; the executive power is its brain, which causes the movement of all the parts.The brain may become paralysed and the individual still live.A man may remain an imbecile and live; but as soon as the heart ceases to perform its functions, the animal is dead.
The State subsists by means not of the laws, but of the legislative power.Yesterday's law is not binding to-day; but silence is taken for tacit consent, and the Sovereign is held to confirm incessantly the laws it does not abrogate as it might.All that it has once declared itself to will it wills always, unless it revokes its declaration.
Why then is so much respect paid to old laws? For this very reason.
We must believe that nothing but the excellence of old acts of will can have preserved them so long: if the Sovereign had not recognised them as throughout salutary, it would have revoked them a thousand times.This is why, so far from growing weak, the laws continually gain new strength in any well constituted State; the precedent of antiquity makes them 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 T HE 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, Ishall 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 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 ) I T 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?