Thoughts on civil liberty, on licentiousness, and faction. John Brown
some it will doubtless appear a superfluous Labour, to fix the true Idea of civil Liberty, in a Country which boasts itself free. Yet the Writer esteems it a necessary though obvious Task: Not only that he may appeal to his Idea of it, thus established; but also, because in the Conduct (at least) if not in the Writings of his Countrymen, it seems to have been sometimes mistaken.
The natural Liberty of Man, considered merely as a solitary and savage Individual, would generally lead him to a full and unbounded Prosecution of all his Appetites. Some Savages there are, though few, who live nearly, if not altogether, in this brutal State of Nature.
These last Expressions, it must be confessed, are inadequate to their Subject: For such a State of Man is worse than that of Brutes, and in the strict Sense, is also contrary to Nature. For Brutes are endowed with unerring Instincts, which Man possesseth not: Therefore such a solitary and wretched State is strictly unnatural; because it prevents the Exertion of those Powers, which his Nature is capable of attaining: But those Powers Society alone can call forth into Action.
Man is therefore formed for Society: That is, Man is formed for Intercourse with Man: Hence, through the natural Developement of the human Powers, a Variety of new Wants, a Necessity for mutual Aids and distinct Properties, must arise: From these, a new Accession, as well as a frequent Disagreement and Clashing of Desires must inevitably ensue. Hence the Necessity of curbing and fixing the Desires of Man in the social State; by such equal Laws, as may compel the Appetites of each Individual to yield to the common Good of all.
From this salutary Restraint, civil Liberty is derived. Every natural Desire which might in any Respect be inconsistent with the general Weal, is given up as a voluntary Tax, paid for the higher, more lasting, and more important Benefits, which we reap from social Life.
SECT.III. Of Licentiousness and Faction.
FROM the Nature of civil Liberty, thus delineated, the Nature of Licentiousness will easily be fixed: Being indeed no other than "Every Desire carry'd into Action, which in any Respect violates those equal Laws, established for the common Benefit of the Whole."
Thus, an unlimited Indulgence of Appetite, which in the savage State is called natural Liberty, in the social State is stiled Licentiousness.
And Licentiousness, when its immediate Object is That of "thwarting the Ends of civil Liberty," is distinguished by the Name of Faction.
SECT.IV. Unassisted Laws no permanent Foundation of Civil Liberty.
THESE Remarks are obvious; and clear to every Man possessed of the common Degrees of Understanding. Let us now consider, "What are the permanent Foundations of civil Liberty:" That is, in other Words, "What are the effectual Means by which every Member of Society may be uniformly sway'd, impelled, or induced, to sacrifice his private Desires or Appetites, to the Welfare of the Public."—This is a Subject, which deserves a particular Elucidation, because in our own Country, and our own Times, it seems to have been much and dangerously mistaken.
It hath been affirmed as a first Principle by certain Writers, and hath been artfully or weakly suggested by others, "that the coercive Power of human Laws is sufficient to sustain itself: That the Legislator or Magistrate hath properly no Concern with the private Opinions, Sentiments, or Operations of the Mind: And that Actions alone fall under the legal Cognizance of those in Power."
The Author of the Fable of the Bees hath boldly laid down this; which, as a ruling Principle, pervades his whole Work. He professes himself the Friend of Liberty: He derides private Virtue, as the Offspring of Flattery, begotten upon Pride: He discards Religion, as a political Fable; he treats the Principle of Honour, as an empty Chimera; he recommends private Vices as public Benefits;[1] and having thus level'd the whole Fabric of Manners and Principles; what, do you think, is the grand Arcanum of his Policy, for the Prevention of such Crimes as would indanger the Grandeur and Stability of the State? Why;—" severe Laws, rugged Officers, Pillories, Whipping-Posts, Jails, and Gibbets."[2]
This Principle, of the Sufficiency of human Laws to sufsain their own Efficacy and Power, without Regard to the Opinions or Principles of Men, hath been, at least, indirectly held forth by other Writers.
An Author, who although a sincere, was certainly an imprudent Friend of Liberty, 'peaks in the following ambiguous Stile; which, if not designed to impress the Principle here called in Question, is at least very liable to be interpreted into it. "It is foolish to say, that Government is concerned to meddle with the private Thoughts and Actions of Men, while they injure neither the Society, nor any of its Members. Every Man is in Nature and Reason, the Judge and Disposer of his own domestic Affairs; and according to the Rules of Religion and Equity, every Man must carry his own Conscience: So that neither has the Magistrate a Right to direct the private Behaviour of Men; nor has the Magistrate, or any Body else, any Manner of Power to model People's Speculations, no more than their Dreams. Government being intended to protect Men from the Injuries of one another, and not to direct them in their own Affairs; in which no one is interred but themselves, it is plain, that their Thoughts and domestic Concerns are exempted entirely from its Jurisdiction: In Truth, Men's Thoughts are not subject to their own Jurisdiction."—"Let People alone, and they will take Care of themselves, and do it best: And if they do not, a suificient 'Punishment will follow their Neglect, without the Magistrate's Interposition and Penalties. It is plain, that such busy Care and officious Intrusion into the personal Affairs, or private Actions, Thoughts, and Imaginations of Men, has in it more Craft than Kindness:—To quarrel with any Man for his Opinions, Humours, or the Fashion of his Cloaths, is an Offence taken without being given."—"True and impartial Liberty is therefore the Right of every Man, to pursue the natural, reasonable, and religious Dictates of his own Mind: To think what he will, and act as he thinks, provided he acts not to the Prejudice of another.[3]
These Expressions are crude, inaccurate, and ambiguous; leaving the thoughtful Reader at a Loss for the Author's precise and determined Meaning. For, first, they may possibly imply, "that the Magistrate hath no Right to violate the Laws of what is commonly called religious Toleration or christian Liberty; but that every Man hath an unalienable Right to worship God in that Manner which accords to the Dictates of his own Conscience."—In this Sense they are rational and true: And to this Truth the Writer hath more than once born public Testimony.[4]
But, secondly, they may imply, "that Thoughts, Speculations, Opinions, Principles, however received and imbibed by the Mind of Man, have no Connexion with his Actions; at most, no Connexion so necessary and strong as to give the Magistrate a Right to regulate them by any Means whatever. That no Direction is to be given either to the grown or the infant Mind; that as every Member of Society hath a Right to hold what Opinions and Principles he pleaseth, so he hath the same Privilege to communicate them to his Family and Children: That they are to think what they will, because Thoughts and Opinions are a private and personal Affair: That the Magistrate is only concerned to regulate their Actions."
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