which they have power to model as they please; and to say, that they can have too much of this power, is to say, that there ought to be a power in the state superior to that which gives it being, and from which all jurisdiction in it is derived.—Licentiousness, which has been commonly mentioned, as an extreme of liberty, is indeed its opposite. It is government by the will of rapacious individuals, in opposition to the will of the community, made known and declared in the laws. A free state, at the same time that it is free itself, makes all its members free, by excluding licentiousness, and guarding their persons and property and good name against insult. It is the end of all just government, at the same time that it secures the liberty of the public against foreign injury, to secure the liberty of the individual against private injury. I do not, therefore, think it strictly just to say, that it belongs to the nature of government to entrench on private liberty. It ought never to do this, except as far as the exercise of private liberty encroaches on the liberties of others. That is; it is licentiousness it restrains, and liberty itself only when used to destroy liberty.
It appears from hence, that licentiousness and despotism are more nearly allied than is commonly imagined. They are both alike inconsistent with liberty, and the true end of government; nor is there any other difference between them, than that the one is the licentiousness of great men, and the other the licentiousness of little men; or that, by the one, the persons and property of a people are subject to outrage and invasion from a King, or a lawless body of Grandees; and that, by the other, they are subject to the like outrage from a lawless mob.—In avoiding one of these evils, mankind have often run into the other. But all well constituted governments guard equally against both. Indeed of the two, the last is, on several accounts, the least to be dreaded, and has done the least mischief. It may be truly said, that if licentiousness has destroyed its thousands, despotism has destroyed its millions. The former, having little power, and no system to support it, necessarily finds its own remedy; and a people soon get out of the tumult and anarchy attending it. But a despotism, wearing the form of government, and being armed with its force, is an evil not to be conquered without dreadful struggles. It goes on from age to age, debasing the human faculties, levelling all distinctions, and preying on the rights and blessings of society.—It deserves to be added, that in a state disturbed by licentiousness, there is an animation which is favourable to the human mind, and which puts it upon exerting its powers. But in a state habituated to a despotism, all is still and torpid. A dark and savage tyranny stifles every effort of genius; and the mind loses all its spirit and dignity.
Before I proceed to what I have farther in view, I will observe, that the account now given of the principles of public Liberty, and the nature of an equal and free government, shews what judgment we should form of that OMNIPOTENCE, which, it has been said, must belong to every government as such. Great stress has been laid on this, but most unreasonably.—Government, as has been before observed, is, in the very nature of it, a Trust; and all its powers a DELEGATION for gaining particular ends. This trust may be misapplied and abused. It may be employed to defeat the very ends for which it was instituted; and to subvert the very rights which it ought to protect.—A Parliament, for instance, consisting of a body of representatives, chosen for a limited period, to make laws, and to grant money for public services, would forfeit its authority by making itself perpetual, or even prolonging its own duration; by nominating its own members; by accepting bribes; or subjecting itself to any kind of foreign influence. This would convert a Parliament into a conclave or junto of self-created tools; and a state that has lost its regard to its own rights, so far as to submit to such a breach of trust in its rulers, is enslaved.—Nothing, therefore, can be more absurd than the doctrine which some have taught, with respect to the omnipotence of parliaments. They possess no power beyond the limits of the trust for the execution of which they were formed. If they contradict this trust, they betray their constituents, and dissolve themselves. All delegated power must be subordinate and limited.—If omnipotence can, with any sense, be ascribed to a legislature, it must be lodged where all legislative authority originates; that is, in the People. For their sakes government is instituted; and their’s is the only real omnipotence.
I am sensible, that all I have been saying would be very absurd, were the opinions just which some have maintained concerning the origin of government. According to these opinions, government is not the creature of the people, or the result of a convention between them and their rulers: But there are certain men who possess in themselves, independently of the will of the people, a right of governing them, which they derive from the Deity. This doctrine has been abundantly refuted by many[13] excellent writers. It is a doctrine which avowedly subverts Civil Liberty; and which represents mankind as a body of vassals, formed to descend like cattle from one set of owners to another, who have an absolute dominion over them. It is a wonder, that those who view their species in a light so humiliating, should ever be able to think of themselves without regret and shame. The intention of these observations is not to oppose such sentiments; but, taking for granted the reasonableness of Civil Liberty, to shew wherein it consists, and what distinguishes it from its contrary.—And, in considering this subject, as it has been now treated, it is unavoidable to reflect on the excellency of a free government, and its tendency to exalt the nature of man.—Every member of a free state, having his property secure, and knowing himself his own governor, possesses a consciousness of dignity in himself, and feels incitements to emulation and improvement, to which the miserable slaves of arbitrary power must be utter strangers. In such a state all the springs of action have room to operate, and the mind is stimulated to the noblest exertions[14].—But to be obliged, from our birth, to look up to a creature no better than ourselves as the master of our fortunes; and to receive his will as our law—What can be more humiliating? What elevated ideas can enter a mind in such a situation?—Agreeably to this remark; the subjects of free states have, in all ages, been most distinguished for genius and knowledge. Liberty is the soil where the arts and sciences have flourished; and the more free a state has been, the more have the powers of the human mind been drawn forth into action, and the greater number of brave men has it produced. With what lustre do the antient free states of Greece shine in the annals of the world? How different is that country now, under the Great Turk? The difference between a country inhabited by men and by brutes is not greater.
These are reflexions which should be constantly present to every mind in this country.—As Moral Liberty is the prime blessing of man in his private capacity, so is Civil liberty in his public capacity. There is nothing that requires more to be watched than power. There is nothing that ought to be opposed with a more determined resolution than its encroachments. Sleep in a state, as Montesquieu says, is always followed by slavery.
The people of this kingdom were once warmed by such sentiments as these. Many a sycophant of power have they sacrificed. Often have they fought and bled in the cause of Liberty. But that time seems to be going. The fair inheritance of Liberty left us by our ancestors many of us are willing to resign. An abandoned venality, the inseparable companion of dissipation and extravagance, has poisoned the springs of public virtue among us: And should any events ever arise that should render the same opposition necessary that took place in the times of King Charles the First, and James the Second, I am afraid all that is valuable to us would be lost. The terror of the standing army, the danger of the public funds, and the all-corrupting influence of the treasury, would deaden all zeal, and produce general acquiescence and servility.
SECT. III.
Of the Authority of one Country over another.
From the nature and principles of Civil Liberty, as they have been now explained, it is an immediate and necessary inference that no one community can have any power over the property or legislation of another community, which is not incorporated with it by a just and adequate representation.—Then only, it has been shewn, is a state free, when it is governed by its own will. But a country that is subject to the legislature of another country,
