Bentham found a malignant pleasure in tearing it to
pieces. It is, on the whole, more spiritual than the one
on which it was founded, and which it generally follows;
and it insists with greater energy on primitive rights,
anterior to the State and aloof from it, which no human
authority can either confer or refuse. It is the triumphant
proclamation of the doctrine that human obligations are
not all assignable to contract, or to interest, or to force.
The Declaration of the Rights of Man begins with an appeal to heaven, and defines them in the presence, and under the auspices, of Almighty God. The Preamble implies that our duties towards Him constitute our rights towards mankind, and indicates the divine origin of Law, without affirming it. The Declaration enumerates those rights which are universal, which come from nature, not from men. They are four: Liberty, Property, Security, and Self-defence. Authorities are constituted, and laws are made, in order that these original, essential, and supreme possessions of all mankind may be preserved.
The system of guarantees is as sacred as the rights which they protect. Such are the right of contributing by representatives to legislation and taxation, religious toleration, the liberty of the press. As the rights are equal, the power of ensuring them must be equal. All men alike have a share in representation, all alike are admissible to office, all must be taxed in the same proportion. The law is the same for all. The principle of equality is the idea on which the Declaration most earnestly insists. Privilege had just been overthrown, and the duty of providing against indirect means for its recovery was the occupation of the hour. That this may be secured, all powers must be granted by the people, and none must be exercised by the people. They act only through their agents. The agent who exercises power is responsible, and is controlled by the sovereign authority that delegates it. Certain corollaries seem to follow: restricted suffrage, progressive taxation, an established church, are difficult to reconcile with equality so profoundly conceived. But this is not explicit. Questions regarding education, poverty, revision,
