On the Foundation of Civil Government. 489 



cannot be made. If not, then it may be granted 

 that the conquering nation may difpofe of, or 

 detain fuch part of the territorial poffefiions of 

 the vanquifhed as are fufficient to fatisfy the 

 damage fuftained. But when perjonal refiftance 

 has ceafed, no claim can exift againft the perfons 

 of the vanquifhed, and a fortiori none againfl their 

 children and defcendants. This cafe, therefore, 

 furnifhes no ground for the right to political 

 authority and permanent dominion. With re- 

 fped to the territory detained, the original 

 inhabitants who choofe to remain, or others who 

 accept or purchafe portions thereof, do fo upon 

 certain terms ; fo that the power over them mufl 

 be derived from compad, /. e. their own con- 

 fent. Thefe obfervations will apply alfo to the 

 cafe (d). 



I o. But do notfuperior abilities y orfuperior attain- 

 ments confer the right of ruling ? 



No : for (a) there is juft the fame reafon for a 

 pcrfon's interference in my private bufinefs, 

 becaufe he pretends to know more of it than I 

 do, as there is for his interference in my public 

 bufinefs on the fame pretence, (b) Moreover, 

 has the community or the individual the right of 

 deciding who polTefTes fuch ? Surely not the 

 latter, or the claims would be infinite i and if the 

 former, then for whatever reafon the authority is 

 conferred, it is derived from the confent of the 



community. 



