I. Of the Origin and Design of Government in General, with Concise Remarks on the English Constitution

Some writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins. Society is produced by our wants, and government by our wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first a patron, the last a punisher.

Society in every state is a blessing, but government even in its best state is but a necessary evil; in its worst state an intolerable one; for when we suffer, or are exposed to the same miseries by a government, which we might expect in a country without government, our calamity is heightened by reflecting that we furnish the means by which we suffer. Government, like dress, is the badge of lost innocence; the palaces of kings are built on the ruins of the bowers of paradise. For were the impulses of conscience clear, uniform, and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest; and this he is induced to do by the same prudence which in every other case advises him out of two evils to choose the least. Wherefore, security being the true design and end of government, it unanswerably follows that whatever form thereof appears most likely to ensure it to us, with the least expence and greatest benefit, is preferable to all others.

In order to gain a clear and just idea of the design and end of government, let us suppose a small number of persons settled in some sequestered part of the earth, unconnected with the rest, they will then represent the first peopling of any country, or of the world. In this state of natural liberty, society will be their first thought. A thousand motives will excite them thereto, the strength of one man is so unequal to his wants, and his mind so unfitted for perpetual solitude, that he is soon obliged to seek assistance and relief of another, who in his turn requires the same. Four or five united would be able to raise a tolerable dwelling in the midst of a wilderness, but one man might labour out of the common period of life without accomplishing any thing; when he had felled his timber he could not remove it, nor erect it after it was removed; hunger in the mean time would urge him from his work, and every different want call him a different way. Disease, nay even misfortune would be death, for though neither might be mortal, yet either would disable him from living, and reduce him to a state in which he might rather be said to perish than to die.

Thus necessity, like a gravitating power, would soon form our newly arrived emigrants into society, the reciprocal blessings of which, would supersede, and render the obligations of law and government unnecessary while they remained perfectly just to each other; but as nothing but heaven is impregnable to vice, it will unavoidably happen, that in proportion as they surmount the first difficulties of emigration, which bound them together in a common cause, they will begin to relax in their duty and attachment to each other; and this remissness, will point out the necessity, of establishing some form of government to supply the defect of moral virtue.

Some convenient tree will afford them a State-House, under the branches of which, the whole colony may assemble to deliberate on public matters. It is more than probable that their first laws will have the title only of Regulations, and be enforced by no other penalty than public disesteem. In this first parliament every man, by natural right, will have a seat.

But as the colony increases, the public concerns will increase likewise, and the distance at which the members may be separated, will render it too inconvenient for all of them to meet on every occasion as at first, when their number was small, their habitations near, and the public concerns few and trifling. This will point out the convenience of their consenting to leave the legislative part to be managed by a select number chosen from the whole body, who are supposed to have the same concerns at stake which those who appointed them, and who will act in the same manner as the whole body would act were they present. If the colony continue increasing, it will become necessary to augment the number of the representatives, and that the interest of every part of the colony may be attended to, it will be found best to divide the whole into convenient parts, each part sending its proper number; and that the elected might never form to themselves an interest separate from the electors, prudence will point out the propriety of having elections often; because as the elected might by that means return and mix again with the general body of the electors in a few months, their fidelity to the public will be secured by the prudent reflexion of not making a rod for themselves. And as this frequent interchange will establish a common interest with every part of the community, they will mutually and naturally support each other, and on this (not on the unmeaning name of king) depends the strength of government, and the happiness of the governed.

Here then is the origin and rise of government; namely, a mode rendered necessary by the inability of moral virtue to govern the world; here too is the design and end of government, viz. freedom and security. And however our eyes may be dazzled with show, or our ears deceived by sound; however prejudice may warp our wills, or interest darken our understanding, the simple voice of nature and of reason will say, it is right.

I draw my idea of the form of government from a principle in nature, which no art can overturn, viz. that the more simple any thing is, the less liable it is to be disordered; and the easier repaired when disordered; and with this maxim in view, I offer a few remarks on the so much boasted constitution of England. That it was noble for the dark and slavish times in which it was erected, is granted. When the world was over run with tyranny the least remove therefrom was a glorious rescue. But that it is imperfect, subject to convulsions, and incapable of producing what it seems to promise, is easily demonstrated.

Absolute governments (tho’ the disgrace of human nature) have this advantage with them, that they are simple; if the people suffer, they know the head from which their suffering springs, know likewise the remedy, and are not bewildered by a variety of causes and cures. But the constitution of England is so exceedingly complex, that the nation may suffer for years together without being able to discover in which part the fault lies, some will say in one and some in another, and every political physician will advise a different medicine.

I know it is difficult to get over local or long standing prejudices, yet if we will suffer ourselves to examine the component parts of the English constitution, we shall find them to be the base remains of two ancient tyrannies, compounded with some new republican materials.

First.—The remains of monarchical tyranny in the person of the king.

Secondly.—The remains of aristocratical tyranny in the persons of the peers.

Thirdly.—The new republican materials, in the persons of the commons, on whose virtue depends the freedom of England.

The two first, by being hereditary, are independent of the people; wherefore in a constitutional sense they contribute nothing towards the freedom of the state.

To say that the constitution of England is a union of three powers reciprocally checking each other, is farcical, either the words have no meaning, or they are flat contradictions.

To say that the commons is a check upon the king, presupposes two things:

First.—That the king is not to be trusted without being looked after, or in other words, that a thirst for absolute power is the natural disease of monarchy.

Secondly.—That the commons, by being appointed for that purpose, are either wiser or more worthy of confidence than the crown.

But as the same constitution which gives the commons a power to check the king by withholding the supplies, gives afterwards the king a power to check the commons, by empowering him to reject their other bills; it again supposes that the king is wiser than those whom it has already supposed to be wiser than him. A mere absurdity!

There is something exceedingly ridiculous in the composition of monarchy; it first excludes a man from the means of information, yet empowers him to act in cases where the highest judgment is required. The state of a king shuts him from the world, yet the business of a king requires him to know it thoroughly; wherefore the different parts, by unnaturally opposing and destroying each other, prove the whole character to be absurd and useless.

Some writers have explained the English constitution thus; the king, say they, is one, the people another; the peers are an house in behalf of the king; the commons in behalf of the people; but this hath all the distinctions of a house divided against itself; and though the expressions be pleasantly arranged, yet when examined they appear idle and ambiguous; and it will always happen, that the nicest construction that words are capable of, when applied to the description of some thing which either cannot exist, or is too incomprehensible to be within the compass of description, will be words of sound only, and though they may amuse the ear, they cannot inform the mind, for this explanation includes a previous question, viz. How came the king by a power which the people are afraid to trust, and always obliged to check? Such a power could not be the gift of a wise people, neither can any power, which needs checking, be from God; yet the provision, which the constitution makes, supposes such a power to exist.

But the provision is unequal to the task; the means either cannot or will not accomplish the end, and the whole affair is a felo de se; for as the greater weight will always carry up the less, and as all the wheels of a machine are put in motion by one, it only remains to know which power in the constitution has the most weight, for that will govern; and though the others, or a part of them, may clog, or, as the phrase is, check the rapidity of its motion, yet so long as they cannot stop it, their endeavors will be ineffectual; the first moving power will at last have its way, and what it wants in speed is supplied by time.

That the crown is this overbearing part in the English constitution needs not be mentioned, and that it derives its whole consequence merely from being the giver of places and pensions is self-evident, wherefore, though we have been wise enough to shut and lock a door against absolute monarchy, we at the same time have been foolish enough to put the crown in possession of the key.

The prejudice of Englishmen, in favour of their own government by king, lords and commons, arises as much or more from national pride than reason. Individuals are undoubtedly safer in England than in some other countries, but the will of the king is as much the law of the land in Britain as in France, with this difference, that instead of proceeding directly from his mouth, it is handed to the people under the more formidable shape of an act of parliament. For the fate of Charles the first, hath only made kings more subtle—not more just.

Wherefore, laying aside all national pride and prejudice in favour of modes and forms, the plain truth is, that it is wholly owing to the constitution of the people, and not to the constitution of the government that the crown is not as oppressive in England as in Turkey.

An inquiry into the constitutional errors in the English form of government is at this time highly necessary, for as we are never in a proper condition of doing justice to others, while we continue under the influence of some leading partiality, so neither are we capable of doing it to ourselves while we remain fettered by any obstinate prejudice. And as a man, who is attached to a prostitute, is unfitted to choose or judge of a wife, so any prepossession in favour of a rotten constitution of government will disable us from discerning a good one.

Footnotes

  1. During this time Turkey was still a part of the Ottoman Empire, which utilized a form of government called "absolute monarchy." Absolute monarchy is the most strict type of monarchy and is led by a single ruler with absolute authority.

    — Isabelle, Owl Eyes Staff
  2. "Obstinate" refers to someone who is stubborn and refuses to accept ideas or beliefs that they do not agree with. Within this context, the phrase "obstinate prejudice" is practically an oxymoron, because prejudice is often founded upon non-logical feelings.

    — Isabelle, Owl Eyes Staff
  3. "Fidelity" refers to a strong degree of loyalty or faithfulness. Within this context Paine advocates that the elected officials will remain faithful to their constituents due to a strong desire to be well-regarded.

    — Isabelle, Owl Eyes Staff
  4. To be "remiss" is to be neglectful, or careless, so in this instance Paine is cautioning against the inevitable relaxation of people, when it comes to their responsibilities, which enable them to exist without a form of government.

    — Isabelle, Owl Eyes Staff
  5. "Impregnable" refers to something that cannot be defeated or captured. Within this context Paine concedes that vice can be avoided only in heaven, and therefore there will inevitably be some difficulties with emigration.

    — Isabelle, Owl Eyes Staff
  6. A "reciprocal" blessing is one which is shared, or felt, in turn. Within this context it provides Paine with an opportunity for strong diction to further reinforce his belief in the mutually beneficial development of a society without a need for government.

    — Isabelle, Owl Eyes Staff
  7. "Sequestered" refers to a place that is secluded, or hidden away. Paine uses this word to clarify that the example he is presenting should be imagined in isolation, without any real-world connotations or influences.

    — Isabelle, Owl Eyes Staff
  8. A "bower" is a shady place beneath trees or bushes. Paine is against a monarchical structure and subsequently believes that the palaces of kings are not made to stand in the light, but instead they exist in the shadow of the ruins of paradise.

    — Isabelle, Owl Eyes Staff
  9. A "patron" is someone who offers financial support to a person, or organization, frequently in the arts.

    — Isabelle, Owl Eyes Staff
  10. Paine uses the word "confounded" (a verb which refers to something that both surprises, or confuses) to state that certain writers from this period have mixed up society and government and subsequently reference them interchangeably.

    — Isabelle, Owl Eyes Staff
  11. Charles I ruled England from 1625 until his execution in 1649. Throughout his rule he struggled for power with Parliament, and this fight ultimately led to the start of the English Civil War. Following the victory of the Parliamentarians, Charles I was executed and the monarchy was abolished.

    — Isabelle, Owl Eyes Staff
  12. Paine believes that for a government and a nation to be successful they must be united, and its people must be equal. This further reinforces his opinion, in comparison with the way England is ruled.

    — Isabelle, Owl Eyes Staff
  13. The Constitution of England is no longer a successful means of governance, Paine argues, primarily because it is utterly contradictory. The three checks he mentions are not representative of England's citizens, nor do they appropriately balance each other as they should.

    — Isabelle, Owl Eyes Staff
  14. This can be read as foreshadowing the checks and balances that became a part of the United States Constitution to ensure that neither the President, nor any single branch of the government, could become all-powerful.

    — Isabelle, Owl Eyes Staff
  15. This parenthetical aside is an explicit way for Paine to state what he thinks of the absolute government of England. It clearly clarifies his beliefs before breaking down the components of the English constitution.

    — Isabelle, Owl Eyes Staff
  16. His disdain for the Constitution of England is clear here, with explicit diction that demonstrates his belief that their constitution is old and outdated; it is only good in comparison to the times in which it was written.

    — Isabelle, Owl Eyes Staff
  17. Paine uses another persuasive tactic here in his decision to look at a real-world comparison for the sake of his argument. This is successful because he chooses the constitution of England, a document which his audience would have been familiar with and which the colonists had been living under for years.

    — Isabelle, Owl Eyes Staff
  18. This line serves as a critical explication of how Paine views the concept of government as a whole. Government is not inherently necessary, but because human morality cannot be relied upon, a government is needed.

    — Isabelle, Owl Eyes Staff
  19. This initial, imagined stage of Paine's government is not dissimilar to the Pilgrims' reality when they first arrived in America. Think about "The Scarlet Letter" and the fact that Hester Prynne's primary punishment was public shaming.

    — Isabelle, Owl Eyes Staff
  20. This is an ideal example of persuasive technique, wherein Paine creates a fictitious situation as an example to further prove his point.

    — Isabelle, Owl Eyes Staff
  21. At this point Paine begins to construct his plans for what he believes to be the ideal structure of the government. He prioritizes security as a key element in the creation of a successful government.

    — Isabelle, Owl Eyes Staff
  22. This demonstrates a recognition of the flaws of humanity and the rationale behind Paine's advocacy for government—despite his earlier frustrations against it.

    — Isabelle, Owl Eyes Staff
  23. This functions as both a simile and an allusion to the Bible. In the Garden of Eden, before Eve ate the apple, both she and Adam were nude, but after their collective loss of innocence they put on clothes as did all subsequent generations. With this comparison Paine is stating that government obscures what is pure, and is built upon a community's lost innocence.

    — Isabelle, Owl Eyes Staff
  24. Society is created by our own desires, but the government is a necessary evil to keep those desires in check. It is important to clarify that Paine is not against government, generally, he is simply seeking to demonstrate the natural need for a broader government structure.

    — Isabelle, Owl Eyes Staff