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at the child of a slave comes a slave into the world, have in other words decided, that a man does not come a man into the world. It therefore appears to me incontestably true, that not only governments did not begin by arbitrary power, which is but the corruption and extreme term of government, and at length brings it back to the law of the strongest, against which governments were at first the remedy, but even that, allowing they had commenced in this manner, such power being illegal in itself could never have served as a foundation to the rights of society, nor of course to the inequality of institution. I shall not now enter upon the inquiries which still remain to be made into the nature of the fundamental pacts of every kind of government, but, following the common opinion, confine myself in this place to the establishment of the political body as a real contract between the multitude and the chiefs elected by it. A contract by which both parties oblige themselves to the observance of the laws that are therein stipulated, and form the bands of their union. The multitude having, on occasion of the social relations between them, concentered all their wills in one person, all the articles, in regard to which this will explains itself, become so many fundamental laws, which oblige without exception all the members of the state, and one of which laws regulates the choice and the power of the magistrates appointed to look to the execution of the rest. This power extends to everything that can maintain the constitution, but extends to nothing that can alter it. To this power are added honours, that may render the laws and the ministers of them respectable; and the persons of the ministers are distinguished by certain prerogatives, which may make them amends for the great fatigues inseparable from a good administration. The magistrate, on his side, obliges himself not to use the power with which he is intrusted but conformably to the intention of his constituents, to maintain every one of them in the peaceable possession of his property, and upon all occasions prefer the good of the public to his own private interest. Before experience had demonstrated, or a thorough knowledge of the human heart had pointed out, the abuses inseparable from such a constitution, it must have appeared so much the more perfect, as those appointed to look to its preservation were themselves most concerned therein; for magistracy and its
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