American Political Writing During the Founding Era: 1760–1805. Группа авторов
Чтение книги онлайн.
Читать онлайн книгу American Political Writing During the Founding Era: 1760–1805 - Группа авторов страница 54
![American Political Writing During the Founding Era: 1760–1805 - Группа авторов American Political Writing During the Founding Era: 1760–1805 - Группа авторов](/cover_pre945556.jpg)
But though the words originally refer to that freedom from the Jewish law which the gospel confers on the church of God, yet the reason of the inference holds good in the case of any other real and valuable liberty which men have a right to: So that this observation is plainly deducible from the text; vis. that it is the duty of all men to stand fast in such valuable liberty, as providence has confered upon them.
This observation I shall endeavour, by the help of God, to illustrate and improve: In order to which, I shall shew;
[7] I. What I intend by that liberty in which men ought to stand fast.
II. In what way they ought to stand fast in this liberty, or what they may and ought to do in defence of it.
III. The obligations they are under to this duty.
After which, I shall subjoin some reflections, and apply the subject to the present occasion.
I. I am to shew what is intended in this discourse by the liberty in which men ought to stand fast.
Though this word is used in various senses, I mean by it here, only that liberty which is opposed to external force and constraint, and to such force and constraint only, as we may suffer from men. Under the term liberty, taken in this sense, may naturally be comprehended all those advantages which are liable to be destroyed by the art or power of men; every thing that is opposed to temporal slavery.
This liberty has always been accounted one of the greatest natural blessings which mankind can enjoy. Accordingly, the benevolent and impartial Father of the human race, has given to all men a right, and to all naturally an equal right to this blessing.
[8] In a state of nature, or where men are under no civil government, God has given to every one liberty to pursue his own happiness in whatever way, and by whatever means he pleases, without asking the consent or consulting the inclination of any other man, provided he keeps within the bounds of the law of nature. Within these bounds, he may govern his actions, and dispose of his property and person, as he thinks proper.* Nor has any man, or any number of men, a right to restrain him in the exercise of this liberty, or punish, or call him to account for using it. This however is not a state of licentiousness, for the law of nature which bounds this liberty, forbids all injustice and wickedness, allows no man to injure another in his person or property, or to destroy his own life.
But experience soon taught that, either thro’ ignorance of this law, or the influence of unruly passions, some were disposed to violate it, but encroaching upon the liberty of others; so that the weak were liable to be greatly injured by the superior power of bad men, without any means of security or redress. This gave birth to civil society, and induced a number of individuals to combine together for mutual defence and security; to give up a part of their natural liberty for the sake of enjoying the remainder in greater safety; to agree upon certain laws among themselves to regulate the social conduct of each individual, or to intrust to one or more [9] of their number, in whose wisdom and goodness they could confide, a power of making such laws, and putting them in execution.
In this state, the liberty which men have is all that natural liberty which has been mentioned, excepting what they have expressly given up for the good of the whole society; a liberty of pursuing their own happiness governing their actions, and disposing of their property and persons as they think fit, provided they transgress no law of nature, and keep within those restrictions which they have consented to come under.
This liberty will be different in different communities. In every state, the members will, probably, give up so much of their natural liberty, as they think will be most for the good of the whole. But different states will judge differently upon this point, some will give up more, some less, though still with the same view, the publick good. And every society have doubtless a right to act according to their own judgment and discretion in this matter, this being only an exercise of that natural liberty in which all are bound.
When a society commits to one or a few a power to govern them, the general practice is to limit this power by certain prescribed rules and restrictions. But sometimes this is omitted, and it does not appear from any act of the people, but that the power, with which they have intrusted their rulers, is unlimited. In this case [10] common sense will tell us that the power granted to rulers is to be limited by the great end and design of society and government, and he must be destitute of common sense, who does not know that this is the general good, the happiness and safety of the whole society. So that though a people should, through inadvertency, neglect to prescribe any bounds to the power of their rulers, this power would nevertheless be limited, and they would be at liberty to refuse submission to such restraints or laws, as were plainly inconsistent with the publick good.
There are some natural liberties or rights which no person can divest himself of, without transgressing the law of nature. A man cannot, for instance, give up the liberty of private judgment in matters of religion, or convey to others a right to determine of what religion he shall be, and in what way he shall worship God. A grant of this nature would destroy the foundation of all religion in the man who made it, and must therefore be a violation of the law of nature; nor would he be obliged to abide by it, if in consequence of it, he should be required to act contrary to the dictates of his conscience. Or should a man pretend to grant to others a power to order and govern all his actions that were not of a religious nature, so that in all cases he must act agreeable to their direction; this would be inconsistent with that submission which he owes to the authority of God, and his own conscience. The grant would be in itself void, and he would, notwithstanding, be at liberty to act according [11] to his own conscience, though contrary to the command of those to whom he had made so extravagant a donation.
Should therefore the legislature of a state make laws requiring the subjects to do things immoral, and which they knew to be so, such, for instance, as were apparently destructive of public happiness, though it was in consequence of an express grant of unlimited power, the subjects would be at liberty to refuse obedience, and not violate conscience or destroy their own happiness.* So that only such laws of society as are not plainly inconsistent with the end of society, or, in any other respect, inconsistent with the law of nature, the eternal rules of mortality, can restrain and limit the natural liberty of those who belong to it.
It is to be further observed here, that states or communities, as such, have naturally the same liberty which individuals have in the state of nature: but this liberty is restrained, in some measure, by what are called the laws of nations, which are certain rules, that by a tacit consent are agreed upon among all communities, at least among those who are accounted the polite and civilized part of mankind. These, nations are not at liberty to violate.
[12] What has been said may be sufficient to shew what that liberty is in which men ought to stand fast. In a state of nature it is all that liberty which is consistent with the law of nature; under civil government, it is all which is consistent with the law of nature, and with such restrictions as they have consented to come under consistently with the law of nature and the end of society: and when we consider one independent state in reference to another, it is all that natural liberty which is consistent with the laws of nations.