a manifest of the principle by which they exist, followed by a
detail of what the rights are; for every civil right has a natural
right for its foundation, and it includes the principle of a reciprocal
guarantee of those rights from man to man. As, therefore, it is
impossible to discover any origin of rights otherwise than in the origin
of man, it consequently follows, that rights appertain to man in right
of his existence only, and must therefore be equal to every man. The
principle of an _equality of rights_ is clear and simple. Every man can
understand it, and it is by understanding his rights that he learns his
duties; for where the rights of men are equal, every man must finally
see the necessity of protecting the rights of others as the most
effectual security for his own. But if, in the formation of a
constitution, we depart from the principle of equal rights, or attempt
any modification of it, we plunge into a labyrinth of difficulties from
which there is no way out but by retreating. Where are we to stop? Or
by what principle are we to find out the point to stop at, that shall
discriminate between men of the same country, part of whom shall be
free, and the rest not? If property is to be made the criterion, it is
a total departure from every moral principle of liberty, because it
is attaching rights to mere matter, and making man the agent of that
matter. It is, moreover, holding up property as an apple of discord,
and not only exciting but justifying war against it; for I maintain the
principle, that when property is used as an instrument to take away the
rights of those who may happen not to possess property, it is used to an
unlawful purpose, as fire-arms would be in a similar case.
In a state of nature all men are equal in rights, but they are not equal
in power; the weak cannot protect themselves against the strong. This
being the case, the institution of civil society is for the purpose
of making an equalization of powers that shall be parallel to, and
a guarantee of, the equality of rights. The laws of a country, when
properly constructed, apply to this purpose. Every man takes the arm of
the law for his protection as more effectual than his own; and therefore
every man has an equal right in the formation of the government, and
of the laws by which he is to be governed and judged. In extensive
countries and societies, such as America and France, this right in the
individual can only be exercised by dele
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