_Mine, thine._--"This dog is mine," said those poor children; "that is my place in the sun." Here is the beginning and the image of the usurpation of all the earth.
When the question for consideration is whether we ought to make war, and kill so many men--condemn so many Spaniards to death--only one man is judge, and he is an interested party. There should be a third, who is disinterested.
_Veri juris._[118]--We have it no more; if we had it, we should take conformity to the customs of a country as the rule of justice. It is here that, not finding justice, we have found force, etc.
_Justice, might._--It is right that what is just should be obeyed; it is necessary that what is strongest should be obeyed. Justice without might is helpless; might without justice is tyrannical. Justice without might is gainsaid, because there are always offenders; might without justice is condemned. We must then combine justice and might, and for this end make what is just strong, or what is strong just.
Justice is subject to dispute; might is easily recognised and is not disputed. So we cannot give might to justice, because might has gainsaid justice, and has declared that it is she herself who is just. And thus being unable to make what is just strong, we have made what is strong just.
The only universal rules are the laws of the country in ordinary affairs, and of the majority in others. Whence comes this? From the might which is in them. Hence it comes that kings, who have power of a different kind, do not follow the majority of their ministers.
No doubt equality of goods is just; but, being unable to cause might to obey justice, men have made it just to obey might. Unable to strengthen justice, they have justified might; so that the just and the strong should unite, and there should be peace, which is the sovereign good.
"When a strong man armed keepeth his goods, his goods are in peace."[119]
Why do we follow the majority? It is because they have more reason? No, because they have more power.
Why do we follow the ancient laws and opinions? Is it because they are more sound? No, but because they are unique, and remove from us the root of difference.
... It is the effect of might, not of custom. For those who are capable of originality are few; the greater number will only follow, and refuse glory to those inventors who seek it by their inventions. And if these are obstinate in their wish to obtain glory, and despise those who do not invent, the latter will call them ridiculous names, and would beat them with a stick. Let no one then boast of his subtlety, or let him keep his complacency to himself.