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oluntary association of individuals。 Individuals create civil society； and may uncreate it whenever they judge it advisable。 Prior to the Southern Rebellion； nearly every American asserted with Lafayette； 〃the sacred right of insurrection〃 or revolution； and sympathized with insurrectionists； rebels； and revolutionists； 48 wherever they made their appearance。 Loyalty was held to be the correlative of royalty； treason was regarded as a virtue； and traitors were honored； feasted； and eulogized as patriots； ardent lovers of liberty； and champions of the people。 The fearful struggle of the nation against a rebellion which threatened its very existence may have changed this。
That there is； or ever was； a state of nature such as the theory assumes； may be questioned。 Certainly nothing proves that it is； or ever was； a real state。 That there is a law of nature is undeniable。 All authorities in philosophy； morals； politics； and jurisprudence assert it； the state assumes it as its own immediate basis； and the codes of all nations are founded on it； universal jurisprudence； the jus qentium of the Romans； embodies it； and the courts recognize and administer it。 It is the reason and conscience of civil society； and every state acknowledges its authority。 But the law of nature is as much in force in civil society as out of it。 Civil law does not abrogate or supersede natural law； but presupposes it； and supports itself on it as its own ground and reason。 As the natural law； which is only natural justice and equity dictated by the reason common to all men； persists in the civil law； municipal or 49 international； as its informing soul； so does the state of nature persist in the civil state； natural society in civil society； which simply develops； applies； and protects it。 Man in civil society is not out of nature； but is in itis in his most natural state； for society is natural to him； and government is natural to society； and in some form inseparable from it。 The state of nature under the natural law is not； as a separate state； an actual state； and never was； but an abstraction； in which is considered； apart from the concrete existence called society； what is derived immediately from the natural law。 But as abstractions have no existence； out of the mind that forms them； the state of nature has no actual existence in the world of reality as a separate state。
But suppose with the theory the state of nature to have been a real and separate state； in which men at first lived； there is great difficulty in understanding how they ever got out of it。 Can a man divest himself of his nature； or lift himself above it？ Man is in his nature； and inseparable from it。 If his primitive state was his natural state； and if the political state is supernatural； preternatural； or subnatural； how passed he alone； by his own unaided powers； from the former to the latter？ The ancients； 50 who had lost the primitive tradition of creation； asserted； indeed； the primitive man as springing from the earth； and leading a mere animal life； living in eaves or hollow trees； and feeding on roots and nuts； without speech； without science； art； law； or sense of right and wrong； but prior to the prevalence of the Epicurean philosophy； they never pretended； that man could come out of that state alone by his own unaided efforts。 They ascribed the invention of language； art； and science； the institution of civil society； government； and laws； to the intervention of the gods。 It remained for the Epicureanswho； though unable； like their modern successors； the Positivists or Developmentists； to believe in a first cause； believed in effects without causes； or that things make or take care of themselvesto assert that men could； by their own unassisted efforts； or by the simple exercise of reason； come out of the primitive state； and institute what in modern times is called civilta； civility； or civilization。
The partisans of this theory of the state of nature from which men have emerged by the voluntary and deliberate formation of civil society； forget that if government is not the sole condition； it is one of the essential conditions of progress。 The only progressive nations are 51 civilized or republican nations。 Savage and barbarous tribes are unprogressive。 Ages on ages roll over them without changing any thing in their state； and Niebuhr has well remarked with others； that history records no instance of a savage tribe or people having become civilized by its own spontaneous or indigenous efforts。 If savage tribes have ever become civilized； it has been by influences from abroad； by the aid of men already civilized； through conquest； colonies； or missionaries； never by their own indigenous efforts； nor even by commerce； as is so confidently asserted in this mercantile age。 Nothing in all history indicates the ability of a savage people to pass of itself from the savage state to the civilized。 But the primitive man； as described by Horace in his Satires； and asserted by Hobbes； Locke； Rousseau； and others； is far below the savage。 The lowest； most degraded； and most debased savage tribe that has yet been discovered has at least some rude outlines or feeble reminiscences of a social state； of government； morals； law； and religion； for even in superstition the most gross there is a reminiscence of true religion； but the people in the alleged state of nature have none。
The advocates of the theory deceive themselves by transporting into their imaginary 52 state of nature the views； habits； and capacities of the civilized man。 It is； perhaps； not difficult for men who have been civilized； who have the intelligence； the arts； the affections； and the habits of civilization； if deprived by some great social convulsion of society； and thrown back on the so…called state of nature； or cast away on some uninhabited island in the ocean； and cut off from all intercourse with the rest of mankind； to reconstruct civil society； and re…establish and maintain civil government。 They are civilized men； and bear civil society in their own life。 But these are no representatives of the primitive man in the alleged state of nature。 These primitive men have no experience； no knowledge； no conception even of civilized life； or of any state superior to that in which they have thus far lived。 How then can they； since； on the theory； civil society has no root in nature； but is a purely artificial creation； even conceive of civilization； much less realize it？
These theorists； as theorists always do； fail to make a complete abstraction of the civilized state； and conclude from what they feel they could do in case civil society were broken up； what men may do and have done in a state of nature。 Men cannot divest themselves of 53 themselves； and； whatever their efforts to do it； they think； reason； and act as they are。
Every writer； whatever else he writes； writes himself。 The advocates of the theory； to have made their abstraction complete； should have presented their primitive man as below the lowest known savage； unprogressive； and in himself incapable of developing any progressive energy。 Unprogressive； and； without foreign assistance； incapable of progress； how is it possible for your primitive man to pass； by his own unassisted efforts； from the alleged state of nature to that of civilization； of which he has no conception； and towards which no innate desire； no instinct； no divine inspiration pushes him？
But even if； by some happy inspiration； hardly supposable without supernatural intervention repudiated by the theoryif by some happy inspiration； a rare individual should so far rise above the state of nature as to conceive of civil society and of civil government； how could he carry his conception into execution？ Conception is always easier than its realization； and between the design and its execution there is always a weary distance。 The poetry of all nations is a wail over unrealized ideals。 It is little that even the wisest and most potent statesman can realize of what he conceives to 54 be necessary for the state： political； legislative or judicial reforms； even when loudly demanded； and favored by authority； are hard to be effected； and not seldom generations come and go without effecting them。 The republics of Plato； Sir Thomas More； Campanella； Harrington； as the communities of Robert Owen and M。 Cabet； remain Utopias； not solely because intrinsically absurd； though so in fact； but chiefly because they are innovations； have no support in experience； and require for their realization the modes of thought； habits； manners； character； life； which only their introduction and realization can supply。 So to be able to execute the design of passing from the supposed state of nature to civilization； the reformer would need the intelligence； the habits； and characters in the public which are not possible without civilization itself。 Some philosophers suppose men have invented la