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Since no man has any natural authority over his fellow men, and since force is not the source of right, conventions remain as the basis of all lawful authority among men.
Now, as men cannot create any new forces, but only combine and direct those that exist, they have no other means of self-preservation than to form by aggregation a sum of forces which may overcome the resistance, to put them in action by a single motive power, and to make them work in concert.
This sum of forces can be produced only by the combination of many; but the strength and freedom of each man being the chief instruments of his preservation, how can he pledge them without injuring himself, and without neglecting the cares which he owes to himself? This difficulty, applied to my subject, may be expressed in these terms.
"To find a form of association which may defend and protect with the whole force of the community the person and property of every associate, and by means of which each, coalescing with all, may nevertheless obey only himself, and remain as free as before." Such is the fundamental problem of which the social contract furnishes the solution.
If then we set aside what is not of the essence of the social contract, we shall find that it is reducible to the following terms: "Each of us puts in common his person and his whole power under the supreme direction of the general will, and in return we receive every member as an indivisible part of the whole."
But the body politic or sovereign, deriving its existence only from the contract, can never bind itself, even to others, in anything that derogates from the original act, such as alienation of some portion of itself, or submission to another sovereign. To violate the act by which it exists would be to annihilate itself, and what is nothing produces nothing.
It follows from what precedes, that the general will is always right and always tends to the public advantage; but it does not follow that the resolutions of the people have always the same rectitude. Men always desire their own good, but do not always discern it; the people are never corrupted, though often deceived, and it is only then that they seem to will what is evil.
The public force, then, requires a suitable agent to concentrate it and put it in action according to the directions of the general will, to serve as a means of communication between the state and the sovereign, to effect in some manner in the public person what the union of soul and body effects in a man. This is, in the state, the function of government, improperly confounded with sovereign of which it is only the minister.
What, then, is the government? An intermediate body established between the subjects and the sovereign for their mutual correspondence, charged with the execution of the laws and with the maintenance of liberty both civil and political.
It is not sufficient that the assembled people should have once fixed the constitution of the state by giving their sanction to a body of laws; it is not sufficient that they should have established a perpetual government, or that they should have once [and] for all provided for the election of magistrates. Besides the extraordinary assemblies which unforeseen events may require, it is necessary that there should be fixed and periodical ones which nothing can abolish or prorogue; so that, on the appointed day, the people are rightfully convoked by the law, without needing for that purpose any formal summons.
So soon as the people are lawfully assembled as a sovereign body, the whole jurisdiction of the government ceases, the executive power is suspended, and the person of the meanest citizen is as sacred and inviolable as that of the first magistrate, because where the represented are, there is no longer any representative.
These assemblies, which have as their object the maintenance of the social treaty, ought always to be opened with two propositions, which no one should be able to suppress, and which should pass separately by vote. The first: "Whether it pleases the sovereign to maintain the present form of government." The second: "Whether it pleases the people to leave the administration to those at present entrusted with it."
I presuppose here what I believe I have proved, viz., that there is in the State no fundamental law which cannot be revoked, not even this social compact; for if all the citizens assembled in order to break the compact by a solemn agreement, no one can doubt that it could be quite legitimately broken.