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AN ESSAY ON TIÍE RIGHT OF CONQUEST.
WRITTEN IN 1783.

THERE is no question that has more
per lexed fpeculative men than this:
What ri, bt bas one man, or one nation, to
fubdue another? and it is no wonder it
hould perplex them, for the words a Right
and no Right cannot enter into the folu-
tion of it, pro or contrà. A Right of Su-
periority is a term of Society, and expref-
five of ideas to which men who are
frangers to fociety must be for ever
ftrangers. Now, in examining the pecu-
liar Rights of men in Society, we con-
tantly and that they derive their origin
and validity from fome compact, fpecial
or general, expreft or implied; and, upon
this principle, when a Conquest is com
pleated, fuch a compact may be poffibly
implied to have taken place between the
Conqueror and the Conquered as may be
fufficient to ratify the Conqueft, and to give
to the Conqueror a Righi of Governing:
but the steps to be taken, previous to the
completion of the Conqueft, are fuch as are
directly oppofite to the nature of fociety
or compact, and are, I verily believe, not
reconcileable to any acknowledged prin-
ciple of Law and Morality. And yet,
when I examine my own feelings, and, as
far as I can learn, the feelings and fenti-
ments of Mankind in general, I find that
a Conqueror is not the object of our de-
teftation; I find that our moral fenfe of
right and wrong is not offended at his
conduct;
but that, on the contrary, he
becomes by it the object of univerfal
praife and admiration.

Here our reafening and our feeling are, manifeftly, at variance; and to fuch a degree that one of them muft be, neceffarily, in the wrong. Without entering into the merits of this particular caufe, the general prefumption feems to be trongly in favour of feeling; as that is original and immediate: whereas our reafoning, even in our communications with ourfelves, is conftantly conveyed through the imperfect and fallacious channel of words, by which the mind is liable to be led into numberlefs errors, This is, perhaps, the cause that, in the actual conduct of life, we find the ancient Poets much better guides than the ancient Philofophers. For the Philofophers, in attempting to go deep into the effence of things, often went deeper than their fenfes were able to accompany them; and generally brought back a cargo of opinions, fupported by trains of reafoning, which, VOL. XXX. October 1796,

not being derived from facts, naturally produced conclufions which could find no facts to keep them in countenance. Whereas the Poets, whofe province it was to pleafe the fancy by the imagery of things, were obliged to fill their works with the phænomena of nature, and to confine their reasoning to thofe fhort obfervations which obviously arofe from the facts and feelings they exhibited, or from others univerfally known and acknowledged. Thus they flattered, while they improved, the minds of their readers, by laying before them

What oft was thought, but ne'er fo well expreft,

Something whofe truch convinc'd at fight we find,

That gives us back the image of our mind.

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Such is the philofophy of HOMER, HESIOD, VIRGIL, HORACE, JUVENAL, and others of the tuneful clafs, who addreis themfelves conftantly to the obfervations or feelings of mankind, and owe their wide-fpread and long poffeft fame to their having happily hit thofe feelings they aimed at.

Of all the Sentiments in which the Poet fympathizes with the reft of mankind, none appear more frequently, or with greater luftre, than thofe which fet forth the glories of Conqueft.

Res gerere, & captos oftendere civibus baftes

Attingit folium Fovis, & cælefilia tentat.

In vain do the Moralifts preach to us that
a man who invades the property of others
at the head of fifty thoufand men is but a
Rebber on a larger scale; and that, as a
fingie Robber is the object of indignation
and punishment, fo ought the other in a
much greater degree. Invain, I fay, does
he preach; for, though nobody is able to
deny the juftnefs of the rentoning, nobody
feels the truth of the conclufion.
hearts ftill tell them that the Robber is
deferving of his halter, and the Conqueror
of his laurel.

Their

When a writer, by a train of logical deductions, proves to us that 2 and 2 make 5, the first thing to be done is to apply to our fingers to fee if the fact is fo. If, upon examining this undeniable evidence, we find it is not fo, and that 2 and 2 Ii

make

make, in reality, no more than 4, we may fafely conclude that the reafoning, from whence the contrary was drawn, had been in fome of its steps erroneous; leaving the scrutiny into the particular error, as being a matter of mere curiofity, to be taken up at leifure, or altogether neglected.

In applying this mode of proceeding to the prefent enquiry, I confider the univerfal feelings of mankind as facts upon which we may fafely reft our difcrimination of what is right from what is wrong, in the conduct of men. Our feelings of this fort, when univerfal, and not confined to any particular age or country, must be allowed to be natural, a part of our original frame, and, like other animal instincts, the internal working of the Divinity, against which to oppofe our feeble reafon would be the highest degree of prefumption. The will of God, as manifefted in the nature of things, is the only fource from whence true wifdom amongst men can be derived; for

Nunquam aliud Natura aliud Sapientia

dicit;

and when we difcover an inftinct, by which men are univerfally impelled to approve certain actions when performed by others, we may, without icruple, conclude that thole actions are according to fome rule of right; that they are connected with fome fcheme of general utility; although our finite understandings fhould not be able to trace the connec

tion.

Weak however as our understandings are, they are often able to difcover fome of the links in the chain of divine Providence; and to perceive the manifeft tendency of fome of the feveral parts to the order and happiness of the whole. Let us then try whether we cannot difcover in what manner this paffion for Conqueft, and this admiration of Conquerors, contribute to the happiness of Mankind.

Whoever confiders the structure of the human body, and compares it with that of other animals, muft be itruck with the appearance of its difadvantages. Without any natural covering, or natural fhelter, against the inclemency of the weather; without any natural weapons for its defence, againit beats of prey; without any fwiftnes lullicient to effect an escape from them; aid with very little natural food provide for its subfiftence, it appears, of

animals, the most helpless and miferable. But we are now thabitat fee clearly that the Almighty, in the creation of Man, did

not deftine him to remain in that abject ftate; that he created him to be a focial animal, and to find in fociety fuch compenfations for all these difadvantages as would put him, not only upon a level with the brute creation, but in a fituation greatly fuperior.

In all the works of God we conftantly find the means moft exactly and beauti fully fitted to the end. Law being found neceffary for producing order and justice in Society; Government being found neceflary for producing law; and Supreme power being found neceflary for conftituting government; God said, Let there be Supreme Power, Government, Law, Order, and Justice, amongft men. But who was to hold this fuperintending pow er, so full of fatigue, difquiet, and dan. ger, to thofe who exercise it? For

Ad generum Cereris fine cæde & fanguine pauci

Defcendunt reges, & ficca morte tyranni, To remove this obvious difficulty, the called Ambition in every human breaft, Almighty has fown the feeds of an inftinct which inipels them all to attempt the command of their fellow-creatures whenever they perceive it to be practicable, let the hazard to themfelves be what it will; and from thence arifes that blind paffion for invafion and conqueft with which every page of the hiftory of Mankind is filled.

But although these feeds are univer, fally fown, they do not fpring up equally in every foil, and require, befides, a certain combination of favourable circumitances to bring them to maturity. This is likewife happily contrived: for if all men were, at all times, furioufly bent upon commanding, there would be nobody left to obey; fo that the whole diving fcheme of Government would be difappointed; and, instead of order and quiet, this ambitious fpirit would produce nothing but uninterrupted war and confufion. But Man is wonderfully made, and, like the rest of the univerfe, fupported by a variety of feeming contradictions. As it was neceffary, for conftituting Government, that fome fhould command, it was, for the fame wife purpose, equally necef fary that others, and thofe the greatest number, fhould obey. But as it was no part of the divine scheme to appoint the individuals who were to command, and the individuals who were to obey, the feeds both of command and obedience were town in every heart; each, by turns, ready to fpring up, and with equal vigour,

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VICTORque volentes Per populos dat jura, viamque affectat Olympo.

And, indeed, if Conqueft can be productive of fuch bleffings to Mankind as Government and Laws, the Conqueror, who is the apparent inftrument of producing them, feems to be juftly entitled to be called the Father of the Community, and to be treated with every mark of affection and reverence.

How comes it then, that he and his function are fo much condemned in the fpeculations of Moralifts? Plainly by the means of that falfe Analogy already mentioned; plainly, by their likening a Conqueror to a Robber, without perceiving that their fituation and circumitances are moft effentially different. A Robber is fuppofed to be a member of fome community, and subject to its laws; all of which tend to protect the perfons and property of the individuals, and to punish with feverity and ignominy all those who invade them. The Rule of Right is established by thofe laws, and fo are the fentiinents of men concerning it, with great uniformity. But independent Communities are as individual Savages, relatively to one another: fo the laws of neither can be appealed to as a common standard. Some other ftandard for deciding their differences must be fought for, and no other has yet been found but that great law of Nature and neceffity which ordains the weak to fubmit to the strong, and to be ruled by them. Thus one invader is acknowledged to be above the law, in order to prevent every Parish from becoming an independent State, and every man from becoming the Conqueror of his weaker neighbour great evils, which can only be prevented by an over-ruling power being delegated to the Supreme Commander; or, what is very much the fame for the fecurity and quiet of the whole Society, by an overruling power affuming the Supreme Com

mand.

There is another very capital difference between a Conqueror and a Robber. To

rob is to deprive others of their property; but the word Conqueft includes no fuck idea, and is feldom or never productive of any fuch confequence. All that a Conqueror claims is to put himself in the place of the perfon or perfons who ruled before the Conqueft. He claims the Right of Governing, to which his Superiority of force has entitled him, with all the honours and emoluments of Government; but the motto held out by every Conqueror is, SUUM CUIQUE, to every man his own, and amongst the reft, to Cafar the things that are Cæfar's. The people were never confidered, even in the most defpotic Governments, as the property of their Ruler; nor was their property ever confidered as his. The infringement of Private property by the Supreme power has always been looked upon with general indignation as a Robbery; and the divine Contriver of Government has feldom fuffered it to go unpunished. Nor can neceffity, which is often pleaded in mitigation of the punishment of a common Robber, meet with any confideration here; as the fupreme Ruler, or body of Rulers, have a right to demand from the whole community whatever is necessary for the protection of the whole, including whatever is necefiary for their own fecurity and comfort, in the most ample man

ner.

To conclude. All the theoretic writings upon Government which have hitherto fallen into my hands, have endeavoured to eftablish an idea of a Right to fupreme authority altogether diftinct from force. But facts are stubborn things, and have always refused their support to such theo ries; the futility of which becomes ftill more evident whenever we confider the nature of the focial compact; whenever we confider that mutual obligation of pro tection and fervice, from whence the Rights of Sovereigns and fubjects arise. For protection always prefuppofes a fu periority of force in the protecting party, as the leading article in the agreement. This force being found wanting, the agreement is null, and the authority naturally devolves upon fome other power that is able to fulfil the condition. thing can prove more calamitous to any Community than to have the Authority of Government in one fet of hands, while the Power is actually found to be in another and the words of Scripture were never more unfortunately applied than they were by King CHARLES the First, at his Trial, when he faid, Where the word of a King is, THERE is power 112

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