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Society being the result of a compact made by men, it followed that the partners could at any time remake it, their sovereignty being inalienable. And this the French socialists, misled by a priori notions, attempted to do, on the theory of the Contrat-Social, as if they had a tabula rasa, without regarding the existing constituents of society, or traditions, or historical growths.

Equality, as a phrase, having done duty as a dissolvent, was pressed into service as a constructor. As this is not so much an essay on the nature of equality is an attempt to indicate some of the modern tendencies to carry out what is illusory in the dogma, perhaps enough has been said of this period. Mr. Morley very well remarks that the doctrine of equality as a demand for a fair chance in the world is unanswerable; but that it is false when it puts him who uses his chance well on the same level with him who uses it ill. There is no doubt that when Condorcet said, “Not only equality of right, but equality of fact, is the goal of the social art,” he uttered the sentiments of the socialists of the Revolution.

The next authoritative announcement of equality, to which it is necessary to refer, is in the American Declaration of Independence, in these words: “We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted among men, deriving their just power from the consent of the governed.” And the Declaration goes on, in temperate and guarded language, to assert the right of a people to change their form of government when it becomes destructive of the ends named.

Although the genesis of these sentiments seems to be French rather than English, and equality is not defined, and critics have differed as to whether the equality clause is independent or qualified by what follows, it is not necessary to suppose that Thomas Jefferson meant anything inconsistent with the admitted facts of nature and of history. It is important to bear in mind that the statesmen of our Revolution were inaugurating a political and not a social revolution, and that the gravamen of their protest was against the authority of a distant crown. Nevertheless, these dogmas, independent of the circumstances in which they were uttered, have exercised and do exercise a very powerful influence upon the thinking of mankind on social and political topics, and are being applied without limitations, and without recognition of the fact that if they are true, in the sense meant by their originators, they are not the whole truth. It is to be noticed that rights are mentioned, but not duties, and that if political rights only are meant, political duties are not inculcated as of equal moment. It is not announced that political power is a function to be discharged for the good of the whole body, and not a mere right to be enjoyed for the advantage of the possessor; and it is to be noted also that this idea did not enter into the conception of Rousseau.

The dogma that “government derives its just power from the consent of the governed” is entirely consonant with the book theories of the eighteenth century, and needs to be confronted, and practically is confronted, with the equally good dogma that “governments derive their just power from conformity with the principles of justice.” We are not to imagine, for instance, that the framers of the Declaration really contemplated the exclusion from political organization of all higher law than that in the “consent of the governed,” or the application of the theory, let us say, to a colony composed for the most part of outcasts, murderers, thieves, and prostitutes, or to such states as today exist in the Orient. The Declaration was framed for a highly intelligent and virtuous society.