A third objection to the social contract will suggest itself, as soon as we attempt to ascertain the extent of the obligation, even supposing it to have been entered into in the most solemn manner by every member of the community. Allowing that I am called upon, at the period of my coming of age for example, to declare my assent or dissent to any system of opinions, or any code of practical institutes; for how long a period does this declaration bind me? Am I precluded from better information for the whole course of my life? And, if not for my whole life, why for a year, a week or even an hour? If my deliberate judgement, or my real sentiment, be of no avail in the case, in what sense can it be affirmed that all lawful government is founded in consent?
But the question of time is not the only difficulty. If you demand my assent to any proposition, it is necessary that the proposition should be stated simply and clearly. So numerous are the varieties of human understanding, in all cases where its independence and integrity are sufficiently preserved, that there is little chance of any two men coming to a precise agreement, about ten successive propositions that are in their own nature open to debate. What then can be more absurd, than to present to me the laws of England in fifty volumes folio, and call upon me to give an honest and uninfluenced vote upon their contents?
But the social contract, considered as the foundation of civil government, requires of me more than this. I am not only obliged to consent to all the laws that are actually upon record, but to all the laws that shall hereafter be made. It was under this view of the subject that Rousseau, in tracing the consequences of the social contract, was led to assert that "the great body of the people in whom the sovereign authority resides can neither delegate nor resign it. The essence of that authority," he adds, "is the general will; and will cannot be represented. It must either be the same or another; there is no alternative. The deputies of the people cannot be its representatives; they are merely its attorneys. The laws which the community does not ratify in person, are no laws, are nullities."
The difficulty here stated, has been endeavoured to be provided against by some late advocates for liberty, in the way of addresses of adhesion;Chapter ddresses originating in the various districts and departments of a nation, and without which no regulation of constitutional importance is to be deemed valid. But this is a very superficial remedy. The addressers of course have seldom any other alternative, than that above alluded to, of indiscriminate admission or rejection. There is an infinite difference between the first deliberation, and the subsequent exercise of a negative The former is a real power, the latter is seldom more than the shadow of a power. Not to add, that addresses are a most precarious and equivocal mode of collecting the sense of a nation. They are usually voted in a tumultuous and summary manner; they are carried along by the tide of party; and the signatures annexed to them are obtained by indirect and accidental methods, while multitudes of bystanders, unless upon some extraordinary occasion, remain ignorant of or indifferent to the transaction.
Lastly, if government be founded in the consent of the people, it can have no power over any individual by whom that consent is refused. If a tacit consent be not sufficient, still less can I be deemed to have consented to a measure upon which I put an express negative. This immediately follows from the observations of Rousseau. If the people, or the individuals of whom the people is constituted, cannot delegate their authority to a representative, neither can any individual delegate his authority to a majority, in an assembly of which he is himself a member. That must surely be a singular species of consent, the external indications of which are often to be found, in an unremitting opposition in the first instance, and compulsory subjection in the second.
