The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-19
VESTED RIGHTS.

upon this point:
But there are flctions more bold and more |
important which have played a good part in |
politics. and which have produced celebrated |
works; these are contracts.
The Leviathan' Of Hobbies. work now-a- |
days but little known. and detested through |
prejudice and at second hand as defense Of |
society upon pretended contract between the |
people and the sovereign. The people, by this |
which produced nothing but evil, and have de- |
posted all power in the hands OF the prince Ali
opposine wills have been united 10 his, Or
taken to be the will Of ali his subjects. When Da
vid brought about the destruction OF Uriah he |
Tsh had % ali sha DaSid miaS
tenn might sin against God. but he could not |
ceeded from the general consent. II was inn |
possible to entertain the idea Of resisting him.
such an idea implied the
Locke. whose name Is as dear to the friends
OF liberty az that OF Hobbies is odfous. has
contract. He agrees that there is a contract be-
tween the prince and the people; but according
70 MIN: the prince taaes an engasement to goy.
good; while the people on their side. take an
engaSemeent Ct obedience 60 long as the prince
which he receives the crown.
Rousseau rejects with Indignation the idea Of
the people. he has Imagined social CONTRACT cont act
by which all are bound to all, and which Is
the only legitimate basis Of government So
ciety exists only by virtue OF tais free conven-
These three systems. so directly opposed.
agree. however. In beginning the theory Of
politics with fiction: for these three contracts
| are equally fctions. They exist only In the
imagination Of their authors. Not only do we
where we discover proofs to the contrary
The contract OF Hobbies is q manifest false
h o rssea ns
a people can be found which BY public act has
surrendered up the supreme authority TO its
submitted itself to all the caprices however
strange or cruel OF Its sovereign a The singular
The social contract Of Rousseau has not
been Judged SO severely because men are
which establishes that which they best love-
liberty and equality. But where has the
s eans rba eeea smed What
ten? Why has it. always been unknown
Upon coming out of the forests. upon renoun-
great ideas of morals and politics upon which
| this primitive convention Is bdilt?
The. contract Of Locke is more specious. be-
| cause In fact, there are some monarchies in
which the sovereign takes certain engagements
| upon his accession to the throne; and accepts
certain conditions upon the part of the nation
However. even this contract is but fiction.
| The essence OF contract consists In the free
consent OF the parties interested. 1t suppoees
that all the objects Of the engagement are speci-
fed and known. Now. II the prince is free, at
as are ns
be counted an act of individual and universal
assent2 Can this contract bind that multitude
| never been called 10 sanction it. and who could
| not have refused their consent without endan-
gerine their fortunes and their lives?
| Besides. in the greater part of monarchies
| this pretended contract has not even the ap-
pearance of reality. We do not see even the
SHADOW OF an engagement between the prince
1T is not necessary to make the happiness of
the human race dependent on a fiction. 1t is
not necessary to erect the social pyramid upon
a foundation Of sand. or upon clay which
slips from beneath it Let us leave such trifiine
to children; men ought to speak the language
The true political tie is the immense interest
which men have In maintaining government.
| Without a government there can be no security,
20 domestic enloyments, no prosperity, no in
dustry. 1t is In this fact that we ought to seek
whatever may be their origin and their form; #
Is by comparing them with their object that we
can reason with solidity upon their rights and
pretended contracts which can only serve to
produce interminable disputes"
/ conclude sas BY another rse quotation from
sontracts; mean those political
| Their authors. When Locke and Rousseau rea-
son upon this pretended contract: when they af-
firm that the social or political contract includes
| such and such a clause. can they prove 1t 9TH
| erwise than by the general utility which is sup
posed to result from it ? Grant that this con-
tract, which has never been reduced to writing
| Is however In full existence On what depends all
its force? 1t Is not upon its utility !?
Why ought we ;, to fulfill our engage
mentsf Because the faith of promises Is
the basis OF society. It is for the advantage of
all. that the promises of every individual should
be faithfully observed. There would no longer
| be any security among men, no commerce.
i no confdence-it would be necessary to 20
| back to the woods, Ii engagements did not pos-
sess an obligatory force. 1t is the same with
these political contracts. II is their utility t1hich
makes them binding When they become i1gtY'i-
Gus they lose their force IL q king had taken sn
oath to render his subjects unhappy, would
such-an engagement, be valid?. II the people
we're sworn to obey him., at all events. would
terminated by, a Nero or Caligula
rather than violate their promises? If there
resulted from the contract effects universally
| Injurious. could there be any sufficient reason
/ Tor maintaining 1T It cannot be denied, then,
that the validity OF a contract is at bottom only
question OF utility. little wrapped up, little
disguised. and In consequence more suscepd-
bic OF false Interpretation.
Mr.. Editor. when wisely aud honestly direct
ed in the cause OF truth and Justice. who can
/ fail to appreciate that the
MiRhtiest OF the mighty means.
On which the arm OF Progress leans
Mans nObl0st mission TO advance,
His woes aseuag6, his veal enhance.
His rights enforce. his wrongs redress
1ightiest OF the mighty--is the Press"
Very reeDeG1qlly