"It was the general opinion of ancient nations, that the divinity alone was adequate to the important office of giving laws to men... and modern nations, in the consecrations of kings, and in several superstitious chimeras of divine rights in princes and nobles, are nearly unanimous in preserving remnants of it... Is the jealousy of power, and the envy of superiority, so strong in all men, that no considerations of public or private utility are sufficient to engage their submission to rules for their own happiness? Or is the disposition to imposture so prevalent in men of experience, that their private views of ambition and avarice can be accomplished only by artifice? — … There is nothing in which mankind have been more unanimous; yet nothing can be inferred from it more than this, that the multitude have always been credulous, and the few artful. The United States of America have exhibited, perhaps, the first example of governments erected on the simple principles of nature: and if men are now sufficiently enlightened to disabuse themselves of artifice, imposture, hypocrisy, and superstition, they will consider this event as an era in their history. Although the detail of the formation of the American governments is at present little known or regarded either in Europe or America, it may hereafter become an object of curiosity. It will never be pretended that any persons employed in that service had any interviews with the gods, or were in any degree under the inspiration of heaven, any more than those at work upon ships or houses, or labouring in merchandize or agriculture: it will for ever be acknowledged that these governments were contrived merely by the use of reason and the senses. As Copley painted Chatham, West, Wolf, and Trumbull, Warren and Montgomery; as Dwight, Barlow, Trumbull, and Humphries composed their verse, and Belknap and Ramzay history; as Godfrey invented his quadrant, and Rittenhouse his planetarium; as Boylston practised inoculation, and <a

In casting our eyes over the world, it is extremely easy to distinguish the governments which have arisen out of society, or out of the social compact, from those which have not; but to place this in a clearer light than what single glance may afford, it will be proper to take a review of the several sources from which governments have arisen and on which they have been founded. They may be all comprehended under three heads.

First, Superstition.
Secondly, Power.
Thirdly, The common interest of society and the common rights of man.

The first was a government of priestcraft, the second of conquerors, and third of reason.

Government, at first, was either patriarchal or military; that of a parent over his family, or of a commander over his fellow warriors. ... Paternal authority, and the order of domestic life, supplied the foundation of civil government. ... A family contains the rudiments of an empire. The authority of one over many, and the disposition to govern and be governed, are in this way incidental to the very nature, and coeval, no doubt, with the existence of the human species.

There is nothing in which mankind have been more unanimous [founding nations upon superstition]; yet nothing can be inferred from it more than this, that the multitude have always been credulous, and the few artful. The United States of America have exhibited, perhaps, the first example of governments erected on the simple principles of nature: and if men are now sufficiently enlightened to disabuse themselves of artifice, imposture, hypocrisy, and superstition, they will consider this event as an era in their history... [T]he detail of the formation of the American governments... may hereafter become an object of curiosity. It will never be pretended that any persons employed in that service had any interviews with the gods, or were in any degree under the inspiration of heaven... it will for ever be acknowledged that these governments were contrived merely by the use of reason and the senses... Thirteen governments thus founded on the natural authority of the people alone, without a pretence of miracle or mystery, which are destined to spread over the northern part of that whole quarter of the globe, are a great point gained in favour of the rights of mankind.

[A Defence of the Constitutions of the United States of America, 1787]

The great difficulty in forming legitimate governments is in persuading those forming the governments that those who are to be their fellow citizens are equal to them in the rights, which their common government is to protect. Catholics and Protestants in sixteenth-century Europe looked upon each other as less than human, and slaughtered each other without pity and without compunction. It was impossible for there to be a common citizenship of those who did not look upon each other as possessing the same right of conscience. How one ought to worship God cannot be settled by majority rule. A majority of one faith cannot ask a minority of another faith to submit their differences to a vote. George Washington, in 1793, said that our governments were not formed in the gloomy ages of ignorance and superstition, but at a time when the rights of man were better understood than in any previous age. Washington was right, in that such rights were, in the latter part of the eighteenth century, in America, better understood. But they were not perfectly understood, as the continued existence of chattel slavery attests. A difference concerning the equal rights of persons of color made the continued existence of a common government of all Americans impossible. A great civil war had to be fought, ending the existence of slavery, reuniting the nation and rededicating it to the proposition that all men are created equal.

Whether the theory of an actual paternal origin of government is a correct phylogenetic or logical inference, or merely a psychological delusion, we shall probably never know; but this much is certain, that it is an assumption natural to us all. Correct perception of a psychological fact underlay Sir Robert Filmer's theory: all authority is to human beings paternal in character, for they are born, not free and independent as some of Filmer's opponents would have it, but subject to parental authority; in the first place, to that of their fathers.

others, without further ceremony ascribing to the strongest an authority over the weakest, have immediately struck out government, without thinking of the time requisite for men to form any notion of the things signified by the words authority and government. All of them, in fine, constantly harping on wants, avidity, oppression, desires and pride, have transferred to the state of nature ideas picked up in the bosom of society. In speaking of savages they described citizens. Nay, few of our own writers seem to have so much as doubted, that a state of nature did once actually exit; though it plainly appears by Sacred History, that even the first man, immediately furnished as he was by God himself with both instructions and precepts, never lived in that state, and that, if we give to the books of Moses that credit which every Christian philosopher ought to give to them, we must deny that, even before the deluge, such a state ever existed among men, unless they fell into it by some extraordinary event: a paradox very difficult to maintain, and altogether impossible to prove.

Every human good we enjoy today is, directly or indirectly, a legacy from what the Founders wrought, and Lincoln preserved. That legacy was formed by what the American Founders called an experiment in free government, at the heart of which is a simple, yet radical idea; that under the laws of nature and of nature's God, all men are created equal. From this idea, and this idea alone, flow all the precepts of free government. If all men are created equal, it is unjust for one man to rule another without his consent. If men possess rights by nature, the purpose of government is to protect our natural liberty. As we know the purpose of government we know also of its limitations, and so we limit the power of government by writing a constitution, and requiring the government as well as citizens to live under the rule of law- laws which must be consented to by the citizens in order to be legitimate.

It appears first, that liberty is a natural, and government an adventitious right, because all men were originally free.

It is a proof that the state is not an arbitrary invention, but is established by nature and reason, when we actually find that, in places where men have lived together for a time and have become educated, states are erected, although the people in the one such place know not that the same thing has been done in other places. Each people, which does not live in a condition of nature, but has a government, no matter how constituted, has a right to compel its recognition from all adjoining states.

Wherever is found what is called a paternal government, there is found state education. It has been discovered that the best way to insure implicit obedience is to commence tyranny in the nursery.

To possess ourselves of a clear idea of what government is, or ought to be, we must trace it to its origin. In doing this we shall easily discover that governments must have arisen either out of the people or over the people. Mr. Burke has made no distinction. He investigates nothing to its source, and therefore he confounds everything; but he has signified his intention of undertaking, at some future opportunity, a comparison between the constitution of England and France. As he thus renders it a subject of controversy by throwing the gauntlet, I take him upon his own ground. It is in high challenges that high truths have the right of appearing; and I accept it with the more readiness because it affords me, at the same time, an opportunity of pursuing the subject with respect to governments arising out of society.

So if gangsters become governments, does this mean that governments began as gangsters?

As all those have shown who have discussed civil institutions, and as every history is full of examples, it is necessary to whoever arranges to found a Republic and establish laws in it, to presuppose that all men are bad and that they will use their malignity of mind every time they have the opportunity; and if such malignity is hidden for a time, it proceeds from the unknown reason that would not be known because the experience of the contrary had not been seen, but time, which is said to be the father of every truth, will cause it to be discovered.