THE GREAT POLITICAL SUPERSTITION. 299 



got. As the government, in Bentham's view, is but an agent, the 

 rights it confers are rights given to it in trust by the sovereign people. 

 If so, such rights must be possessed en bloc by the sovereign people 

 before the government, in fulfillment of its trust, confers them on indi- 

 viduals ; and, if so, each individual has a millionth portion of these 

 rights in his public capacity, while he has no rights in his private ca- 

 pacity. These he gets only when all the rest of the million join to 

 endow him with them ; while he joins to endow with them every other 

 member of the million ! 



Thus, in whatever way we interpret it, Bentham's proposition leaves 

 us in a plexus of absurdities. 



Even though ignoring the opposite opinion of the German writers 

 on jurisprudence, and even without an analysis which proves their 

 own opinion to be untenable, Bentham's discijDles might have been led 

 to treat less cavalierly the doctrine of natural rights. For sundry 

 groups of social phenomena unite to prove that this doctrine is well 

 warranted, and the doctrine they set against it entirely unwarranted. 



Tribes in various parts of the world show us that before definite 

 government arises, conduct is regulated by customs. The Bechuanas 

 are controlled by " long-acknowledged customs." * Among the Ko- 

 ranna Hottentots, who only " tolerate their chiefs rather than obey 

 them," f " when ancient usages are not in the way, every man seems 

 to act as is right in his own eyes." J The Araucanians are guided by 

 " nothing more than primordial usages or tacit conventions." * Among 

 the Kirghizes the judgments of the elders are based on " universally- 

 recognized customs." 11 So, too, of the Dyaks, Rajah Brooke tells us 

 that " custom seems simply to have become the law ; and breaking 

 custom leads to a fine." ^ So sacred are immemorial customs with the 

 primitive man, that he never dreams of questioning their authority ; 

 and when government arises, its power is limited by them. In Mada- 

 gascar the king's word suffices only " where there is no law, custom, 

 or precedent." ^ Raffles tells us that in Java " the customs of the 

 country "J restrain the will of the ruler. In Sumatra, too, the people 

 do not allow their chiefs to " alter their ancient usages." J Nay, occa- 

 sionally, as in Ashantee, " the atttempt to change some customs " has 

 caused a king's dethronement. J ^N'ow, among the customs which we 



* Burchell, W. J., " Travels into the Interior of Southern Africa," vol. i, p. 544. 

 f Arbousset and Daumas, " Voyage of Exploration," p. 27. 



X Thompson, G., " Travels and Adventures in Southern Africa^" vol. ii, p. 30. 



* Thompson, G. A., " Alcedo's Geographical and Historical Dictionary of America," 

 vol. i, p. 405. 



I Mitchell, Alex., " Siberian Overland Route," p. 248. 



^ Brooke's, C, " Ten Years in Sarawak," vol. i, p. 129. 



^ Ellis, " History of Madagascar," vol. i, p. 3*77. 



X Raffles, Sir T. S., "History of Java," i, 274. 



$ Marsden, W., " History of Sumatra," p. 217. 



% Beecham, J., " Ashantee and the Gold Coast," p. 90. 



