American Political Writing During the Founding Era: 1760–1805. Группа авторов
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As in a State of Nature prior to Govenment, every Man has a Right to the Fruits of his own Labour, to defend it from others, to recover it when unjustly taken away, or an Equivalent, and to a Recompence for the Damage and Trouble caused by this unrighteous Seizure; and to take reasonable Precautions for Security against future Rapine; So when civil Societies are formed, the Community is naturally possessed of all the civil Rights of its Members. Men reasonably surrender to the Society the Right they before had of judging in their own Case, and of executing those righteous Judgments: It is therefore the Right, and is the Business of the Society, to defend it’s Members, to secure [9] their Properties from foreign Invasions, and to preserve Order and Peace, and execute Justice between it’s own Members. The Law of Nature (or, those Rules of Behaviour, which the Nature God has given Men, the Relations they bear to one another, and the Circumstances they are placed in, render fit and necessary to the Welfare of Mankind) is the Law and Will of the God of Nature, which all Men are obliged to obey. Almighty God, as Head of the System, and Supreme Governor of the Universe, will suitably animadvert upon every Violation. And every Man, prior to Government, is authorized by the universal King, so far as his Happiness is interrupted, his Property disturbed or injured, by any Violation of these immutable Laws of Equity, to vindicate his own Right, and inflict adequate Punishment on the Invader; not from a Spirit of Revenge,—or to cause Misery for it’s own Sake;—but to inflict such Penalties, as will probably prevent future Injuries, and render Mens Right and Properties, as secure as they were before this dangerous Example of Injustice. In civil Society this Right is in general, transfer’d to the Body, or Government, who have a Right, and it is their Duty, to punish those Violations of the Laws of Nature, whereby the People’s Properties are injured. Every Society has a Right to publish, and execute equitable Laws and Rules, for the civil Order, Peace and Welfare [10] of the People;—for ascertaining and securing their Rights and Properties, with suitable Penalties to the Transgressors: Which Laws are, or ever ought to be, only the Laws of Nature explained and applied, both Laws and Sanctions being founded in Reason and Equity. Things unreasonable, or absolutely indifferent (if such there be) ought not to be imposed by Law. A Law without a Penalty is of no Force; and to subject a Man to suffer, for doing or forbearing what in the Nature of things is indifferent, is wrong and unreasonable. Men’s outward Behaviour only affects, or may injure the Properties and Enjoyments of others; this therefore is all the Society ought, ’tis indeed all it can command. Human Laws can’t controul the Mind.—The Rights of Conscience, are unalienable; inseparable from our Nature;—they ought not—they cannot possibly be given up to Society. Therefore Religion, as it consists in right Sentiments, Affections, and Behaviour towards God,—as it is chiefly internal and private, can be regulated only by God himself:—Yet civil Societies have a Right, it is their Duty, to encourage and maintain social public Worship of the Deity, and Instructions in Righteousness; for without social Vertues, Societies can’t subsist; and these Vertues can’t be expected, or depended on, without a belief in, and regard to, the Supreme Being, and a future World: Consequently, a religious Fear and Regard to God, ought to be encouraged in every Society, [11] and with this View, publick social Worship and Instructions in social Virtues, maintained. This is consistent with an entire Liberty of Conscience as to Forms and additional Principles, and Duties, which however important with Respect to another World; it is possible Men may think and act differently about, and yet practice that Piety and Virtue, which the Nature and Ends of civil Society require.
Upon the whole, the general Idea of a civil Society or Government, is a Number of Persons united by Agreement, for mutual Defence and Convenience in this World, with a Power of Making and executing Laws, or of publishing those Laws of Nature, which respect Mens civil Rights and Properties, and inflicting reasonable Punishment upon Transgressors.
As to the various Orders and Ranks necessary to answer the Purposes of civil Society,—A Society without different Orders and Offices, like a Body without Eyes, Hands and other Members, would be uncapable of acting, either to secure its internal Order and Well-being, or defend itself from external Injuries. Whatever Power is in the Society, unless it be united, under one Direction, will be useless, or hurt instead of serving the Community. The natural Laws of Reason and Equity, Carelessness may over-look, or Prejudice and Vice misunderstand or pervert. In many Cases more Attention [12] and Care is required to discover them than most will allow: And the general Security and Happiness of Mankind depending on the Knowledge and Observation of these Rules of Equity,—Persons of Penetration, Attention and Uprightness, ought to be employed for this Purpose; and when thus discovered, the Reasonableness and Obligation of them, may immediately appear to Persons that of themselves would never have investigated them. The Transgression of these natural Laws of Equity must be punished, to compensate the Injured, and prevent future Offences: Unless proper Persons are appointed for this Purpose in Societies, it will probably be omitted, or unduly multiplied, and Schism and Confusion be in the Body. Therefore as a Society has a Right to defend it self, and regulate its own Members; to secure their Rights and Properties from the Violence of one another, as well as from foreign Enemies,—it is expedient, and even necessary, to have established Forms of civil Government;—Some to guide and direct their publick Affairs, and secure their Rights with Relation to other Societies, some to search into and publish the natural Laws of Equity, with proper Sanctions, which relate to Society in general, and to that Society in particular under it’s peculiar Circumstances;—And some to execute these Laws, punish Evil-doers, adjust Differences, and determine Men’s Rights and Properties according [13] to them. These Considerations show the Necessity of different Orders, with various Subordinations, to answer the Ends of Society.—The Forms of Government are various, every Society having a Right to chuse that which appears best, and if upon Trial it prove inconvenient, to alter it for a better. Persons that manage the Affairs of Government, may be considered as distinct from the Governed, but in Reality, they are closely united in one Body,—have a common Interest—and are appointed for their Benefit.—All these Orders and Ranks, in the Body Politic, however distinct one from the other, having different Provinces and Duties, designed for different Purposes, and immediately answering different Ends, are in themselves Harmonious, and when properly conducted, coincide and center in one grand End,—the Security and Happiness of the whole, and of every Member.
This leads me to consider,
The Obligations of the different Orders and Ranks in civil Society, to attend to their respective Duties, that they may answer the important Ends of Society;—that the Members have the Care one for another, and there be no Schism in the Body.
As in the natural Body, the several Members have their distinct Offices, for which they are adapted, and when in their proper Order, they perform [14] their natural Functions, the Body is in it’s most perfect State; so in the politic Body, when it’s several Orders attend to their respective Duties, proper to their Rank; the Welfare of the whole Community, and of every Individual, is secured and promoted. In the natural Body, if the Eye would do the Office of the Ear, or the Ear of of the Eye; Discord and Confusion would ensue, and the usurped Office not be performed: the same holds proportionably in the civil Body. ’Tis the Concern of every Person, in every Station, to attend to his proper Duty, and mind his own Business, if he would be a good Member of Society and promote the public Weal. Schisms will rend the Body, if the Members forsake their proper Sphere, and act out of Character.
The great Ends of Society,—the secure Enjoyment of our Rights and Properties, can’t ordinarily be obtained, unless the various Ranks and Offices, carefully perform their respective Duties—Whatever Precedency, some may claim above others, and whatever Subordinations in Rank, there may be, yet the Dignity and Authority, of each,—of all, is derived