American Political Writing During the Founding Era: 1760–1805. Группа авторов
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From this view of our subject, it appears of high importance, to the good of the state, that they who are vested with power to make laws for the Community, as there shall be occasion, and to appoint officers for their execution, have qualifications answerable to their high places of power and trust.—That they be men of superior knowledge and wisdom;—well acquainted with the civil constitution;—with the just boundaries between [24] the prerogative of Rulers, and the liberties of the People, that their laws may be duly framed, and adjusted to the political system.—Men able critically to examine the complection of the state;—to search out its disorders, and to apply proper remedies:—Able to judge of the natural course and tendency of things and to foresee, beyond what is common, the operation, and consequences of their own acts;—how the rights of individuals—how the common good will be affected thereby.
They should be men of great ingenuity and candor;—ready to receive light when offered,—to redress grievances, when convinced of them, and to amend, or repeal their own Acts, when found injurious, or not answering the good intentions designed. Pretences to perfect wisdom and knowledge, and inerrability of judgment, in civil, as well as ecclesiastical matters, ill become the highest mortal; and are likely to produce unhappy effects, when found in Rulers, especially if accompanied with an obstinate adherence to their own measures.
[25] They should be men of great goodness and benevolence of heart, who will naturally care for the welfare of their brethren, and treat them with condescention and kindness. Such a behaviour, corrected and managed by prudence, is perfectly consistent with their maintaining the dignity of their character, and will greatly endear them to the people. That councel of the old men, to king Rehoboam, was wise and good, and agreeable to the sentiments and feelings of human nature. If thou wilt be a servant to this people this day, and wilt serve them, and answer them, and speak good words to them, then they will be thy servants forever.†
Again, RULERS should be men free from a sordid covetous temper, which has self-interest like the pole star ever in view, and endeavours to steer all things by that direction. As they are designed to act for the public good, they should be men of liberal and generous souls;—ready to prefer the common safety and happiness, to their own private emolument.
[26] They should be likewise men of great resolution and firmness of mind;—not easily dismayed and overcome by difficulties, or intimidated by threatened dangers:—Able to maintain a calmness of mind, and to guide with a steady hand, in tempestuous seasons:—Able to bear with the unpolished plainness of some honest men, and with the weaknesses and follies of others:—Not apt, in a pet, to desert the common cause, and to sacrifice the public happiness to their own passionate resentments.
And, finally. It must be a great importance, to the good order and wellfare of the state, that Rulers be men of distinguished piety and virtue, who will be likely to rule by example as well as law. It was an act of prudence, as well as piety in Nehemiah,—his appointing one to a place of high trust in government; because he was a faithful man, and feared God above many.‡ A firm belief of Revelation:—A strong impressive sense of the divine and everlasting things declared in the Gospel,—this will secure [27] the good conduct of Rulers, especially when under temptation to do wrong, above every thing else. True religion inlarges, and strengthens the mind,—fixes deep in the heart, the principles of right action, and gives steadiness and uniformity of behaviour.
Men of this character will act with fidelity and zeal in the service of the public, considering themselves as accountable to God, as well as to men. They look beyond the present state of things, and view their conduct as connected with futurities of a most interesting nature; and will aim at approving themselves, not only to the people, but to their own minds, and to God the Judge of all.
Such Rulers will best answer the great ends of their institution. They will be to the people, as the directing,—as the chearing and comforting light of the sun.—As the refreshing rain,—as the firm, unshaken pillars of the state,—the shield of its defence and safety, and the source [28] of constant blessings. Nor can they fail of engaging the esteem and love, and submission of the people.
We may now in the THIRD place, consider that submission which is due to governments; and take some particular notice of the nature and extent of it. Submit yourselves to every ordinance of man, whether it be to the King as supreme, or unto Governors, etc. Similar to which is that of St. Paul, Let every soul be subject to the higher powers.—Put them in mind to be subject to principalities and powers, to obey magistrates, etc.
The duties of Rulers and Subjects are reciprocal, and mutually imply each other. If some are to govern, others are to submit to their government, and to be obedient to their authority; otherwise Rulers are but an empty name;—the constitution is dissolved, and anarchy ensues.
Nor is this submission due only to the Supreme Ruler, but to all in lawful authority [29] under him, down to the lowest officer in the state. Not only to the King, but to those who are sent by him, to carry on the various parts of the administration. Disobedience to inferior officers, while acting by lawful authority, is disobedience to the highest power, as it is by authority derived from thence, that all in subordinate places of civil trust, execute their offices. Submission is likewise due to all constitutional laws, whether they suit the present interest of individuals, or not. A man is not to disobey a just law, calculated for the public good, because, in certain circumstances, it operates against his private interest.
Unlimited submission, however, is not due to government, in a free state. There are certain boundaries, beyond which, submission cannot be justly required, nor is therefore due. These limits are marked out, and fixt, by the known, established, and fundamental laws of the state. These laws being consented to by the governing power, confine, as well as direct its operation and influence, and [30] are the connecting band between authority and obedience.
And no wise and just Ruler, we may suppose, would aim at wantonly leaping over these bounds, and acting beyond them, as this would be, not only acting without lawful authority, and injuriously robbing the people of their rights, but would tend to create unhappy jealousies, and to stir up broils and contentions in the state, which might give him much uneasiness, if no worse consequences should follow.
It was a fine expression of a Spartan Ruler, and indicated the freedom and happiness of the state, upon being asked, “Who governed at Sparta? answered the laws, and the magistrates according to these laws.” The constitutional laws of the state, are, properly, the supreme power, being obligatory on the whole community,—on the highest officer, as well as the lowest subject.
[31] Here then, we have the just measure and extent of submission. It is due to all decrees and requisitions of the legislature, which are consistent with the known, and fundamental laws of the state, by which fundamental laws, the very law-making power itself is limited, and beyond which it cannot pass.
And it seems immaterial, as to the present point, whether such authority in Rulers, and submission in subjects, result directly and wholly from the original constitution and frame of government, or from subsequent compacts between them, mutually agreed to.
All such compacts, whether under the name of charter-grants, or however denominated, must be supposed agreeable to the fundamental laws of the state, and grounded thereon, i.e. Such as the ruling power has authority to make, or enter into, and the people freely accept of.
[32] Upon such agreement, a particular kind of government, in some respects