26.As it is the obedience of individuals that constitutes a state of submission,so is it their disobedience that must constitute a state of revolt.Is it then every act of disobedience that will do as much?The affirmative,certainly,is what can never be maintained:for then would there be no such thing as government to be found any where.Here then a distinction or two obviously presents itself.Disobedience may be distinguished into conscious or unconscious:and that,with respect as well to the law as to the fact.(50)Disobedience that is unconscious with respect to either,will readily,I suppose,be acknowledged not to be a revolt.Disobedience again that is conscious with respect to both,may be distinguished into secret and open;or,in other words,into fraudulent and forcible.(51)Disobedience that is only fraudulent,will likewise,I suppose,be readily acknowledged not to amount to a revolt.
27.The difficulty that will remain will concern such disobedience only as is both conscious,(and that as well with respect to law as fact,)and forcible.This disobedience,it should seem,is to be determined neither by numbers altogether (that is of the persons supposed to be disobedient)nor by acts,nor by intentions:all three may be fit to be taken into consideration.
But having brought the difficulty to this point,at this point I must be content to leave it.To proceed any farther in the endeavour to solve it,would be to enter into a discussion of particular local jurisprudence.
It would be entering upon the definition of Treason,as distinguished from Murder,Robbery,Riot,and other such crimes,as,in comparison with Treason,are spoken of as being of a more private nature.Suppose the definition of Treason settled,and the commission of an act of Treason is,as far as regards the person committing it,the characteristic mark we are in search of.
28.These remarks it were easy to extend to a much greater length.Indeed,it is what would be necessary,in order to give them a proper fulness,and method,and precision.But that could not be done without exceeding the limits of the present design.As they are,they may serve as hints to such as shall be disposed to give the subject a more exact and regular examination.