American Political Writing During the Founding Era: 1760–1805. Группа авторов
administration, and of the people’s friendly spirited assistance through the whole; and as we go along to notice his distinguished character; the way will be open to turn our attention—to the part of civil rulers—to the qualifications of such—[20] and to the necessity of the united exertions of the people with their rulers, to answer the salutary purposes of civil government.
And FIRST, The part of civil rulers, in general is to keep in view the end of civil government, and of their own particular advancement, and to act accordingly.
Though in the constitution of things it does not belong to man to live alone, or without government in society; yet he is invested with certain rights and privileges, by the bounty of the creator, so adapted to his nature that the enjoyment of them is the source of his happiness in this world, and without which existence here would not be desirable. And mankind have no right voluntarily to give up to others those natural privileges, essential to their happiness, with which they are invested by the Lord of all: for the improvement of these they are accountable to him. Nor is it fit, that [21] any of the sons of men should take from others that which they have no right to give, nor by their misconduct have forfeited; though in this case there should be mutual consent, the compact would be illegal, and both parties indictable at the bar of heaven.
Civil government among mankind is not a resignation of their natural privileges, but that method of securing them, to which they are morally obliged as conducive to their happiness: In the constitution of things, they can naturally have no rights incompatible with this; and therefore none to resign. For each individual to live in a separate state, and of consequence without civil government, is so pregnant with evil, and greatly preventive of that happiness of which human nature is made capable, that it could never be designed as a privilege to man by the munificent creator: And, perhaps, is not a privilege to other orders of rational creatures, as much superior to man, in virtue, as in rank of being.
[22] Mankind may naturally have a liberty to live without civil government in the same sense that they have a liberty, i.e. a power to neglect any moral duty: But they are evidently made dependent on one another for happiness; and that method of action, which in the constitution of things, will prevent misery, and procure happiness to the species, on supposition of their being acquainted with it, and in a capacity of going into it, is not only wrong in them to neglect, but even duty indispensible to pursue. From hence arises their obligation to civil government as mentioned before; and when the same reason urges the lodging this government in the hands of a few of the number associated, the same obligation lies on them to do so.
A Community having determined that to commit the power of government to some few of their number is best, the right the some few can have to it, must arise from the choice of the whole; for in this state the government belongs to the whole, and one has no more right [23] to govern than another; the right therefore that individuals can have to this must be delegated. This delegation is not indeed the giving away of the right the whole have to govern, but providing for the exercise of their power in the most effectual manner.
It is by virtue of the previous consent of society as being best, that government may devolve on some by succession, and that others may be appointed to rule by those already in authority.
A compact for civil government in any community implies the stipulation of certain rules of government. These rules or laws more properly make the civil constitution. How various these rules are in different nations is not the present enquiry; but that they ought in every nation to coincide with the moral fitness of things, by which alone the natural rights of mankind can be secured, and their happiness promoted, is very certain. And such are the laws of the constitution of civil government that we, and all [24] British subjects are so happy as to live under.
The rectitude of the laws of a civil constitution are of more importance to the well-being of society than the particular form of administration, but that form which is best adapted to secure the uninterrupted course of such laws is most eligible, and herein also we outvie other nations.
Those laws which prescribe the rights of prerogative, and the rights of the people, should be founded on such principles as tend to promote the great end of civil institution; and as they are to be held sacred by both, it may be supposed, ought to be as plain as the nature of the thing will admit: Mysteries in civil government relative to the rights of the people, like mysteries in the laws of religion, may be pretended, and to the like purpose of slavery, this of the souls, and that of the bodies of men.
[25] The design of mankind in forming a civil constitution being to secure their natural rights and privileges, and to promote their happiness, it is necessary that the special end of the electors in chusing some to govern the whole, should be assented to by the elected to vest them with a right to govern, so far at least as to direct the administration, without which they are indeed vested with no authority; for the being chosen to a particular purpose by those in whom the right of choice is, can give no rightful power to act beside or counter to this purpose. And therefore to the proper investiture of any in the office of civil rulers to which they are chosen by the people, it is necessary they should consent to act the part for which they are chosen; and this sets them in the high office of government, and gives them authority to regulate the whole.
Their consent to take the office to which they are chosen by the community lays rulers under a moral obligation to discharge the duties of it with fidelity. [26] And if for the greater security of society, they who are thus introduced into office are bound to the faithful discharge of it by the solemnity of an oath, their obligation hereto is the greater.
What is right in the relation of things, and which has the general consent of mankind, being the rule of civil government in a well constituted state, civil rulers are to be so far from invading, that they ought to be the guardians of the natural and constitutional rights of their subjects; which are here supposed to be so nearly the same that there is no interfering between them. To form a civil constitution otherwise would be to establish iniquity by law.
The various duties of their office then centre in one point, the end of their election, and that is to promote the public welfare.
Minutely to enumerate these duties is not indeed pretended, not only as it would take up too much time, but [27] also as the wisdom of the politician can better apply general rules to particular cases as circumstances vary; I therefore shall take the liberty only in a more general way to observe: That whatever is injurious to the community, whether foreign or intestine, is theirs to endeavor to prevent. In this state of imperfection and sin, particular societies are liable to injuries from one another, hence vigilance becomes one part of the duty of civil rulers; to this they are more obliged than other men: In office they are as eyes to the political body, the proper use of which is necessary to its safety. It is no small part of their care to descry danger, to penetrate the designs formed abroad to the detriment of the community. And as they are set for the public defence, when such dangers are discovered by them, it is their part to provide against them at the public expense; which must be in their power at all times, or at some times it may not be in their power to act in the character of guardians to the public. Individuals of the same society are likewise liable to unequal treatment from one [28] another, which also claims their attention. They are to rescue the weak and helpless, the widow and fatherless, from the cruel hands of oppression, and equally secure to all, high and low, their rights.
And whatever is for the advantage and emolument of society, is also their part to promote, not only barely to secure to their subjects the cardinal privileges of human nature, but also kindly endeavour to heighten their happiness in the enjoyment of them. Those methods which will be most conducive to the preservation and prosperity of the whole are to be studiously devised, and faithfully urged by them; hence agriculture and commerce, liberal and mechanical arts should be encouraged, as pointed out in providence for the benefit of mankind; in proportion to improvement in which will be the benefit resulting from them, by which a supply may be obtained not only for necessity, but also for delight; and hereby their political strength will be increased, and they become more able to support the common cause. The wealth [29] of the people is the strength of the state; and therefore, as the diligent hand maketh rich, they should reduce the vagrant, and call the idle to labor, and all to industry in their respective callings, so essential