American Political Writing During the Founding Era: 1760–1805. Группа авторов
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 new, may take place; but, so far as it is new, or variant from the original constitution, this subsequent agreement between Rulers and people, ought to be the invariable measure of administration.—This bounds the authority of Rulers, and the submission of subjects.—The people, while they owe obedience, have an undoubted right to their granted, or stipulated privileges; and may justly claim, and insist upon them, unless, by misconduct, they are forfeited.
Upon the whole therefore. Proper submission, in a free state, is a medium, between slavish subjection to arbitrary claims of Rulers, on one hand, and a lawless licence, on the other. It is obedience in subjects to all orders of government, which are consistent with their constitutional rights and privileges. So much submission is due, and to be readily yielded by every subject; and beyond this, it cannot be justly demanded, because Rulers and People are [33] equally bound, by the fundamental laws of the constitution.
The state of the world, and temper of mankind, may render these observations necessary and highly important;—important and necessary as a check upon Rulers of a despotic turn; and a restraint upon the licentious among the people; that neither, by breaking over their just bounds, may disturb the peace, and injure the happiness of the state.
For there have been Rulers, and may be such again, who look with wishful eyes on the liberties and privileges of the people. Who consider them as a prey, worthy to be seized, for the gratification of their pride and ambition,—of their cruelty or covetousness. Such, under one pretence or other, will be stretching and enlarging their power, and grasping at more and more, ’till, if not obstructed, civil government will be converted into absolute tyranny, and a free people into slaves.
A people in love with liberty, and [34] sensible to their right to it, cannot but be jealous of such Rulers; and ought to be on their guard against unjustifiable, and arbitrary claims. Tamely to submit, would be highly unworthy of them as free men and shew they deserved the yoke, under which they so readily put their necks.
On the other hand. There are found among the people, persons of a querulous and factious disposition.—Ever restless and uneasy, and prepared to raise and promote popular tumults. From the meer love of wrangling, or from ambitious views,—to rise from obscurity, to public notice, and to an important figure, they find fault with Rulers, and point out defects in the administration.—Small mistakes are magnified.—Evil designs are suggested, which, perhaps never existed, but in their own heads. They cry up liberty, and make a mighty stir to save the sinking state, when in no danger, but from themselves, and others of a like call.
There are ambitious and designing men, in the state, as well as in the [35] church; and there are fit tools to serve the purposes of both. As some make hereticks in the church, and raise an ecclesiastic posse to demolish them, chiefly with a view to render themselves distinguished, as found in the faith, so others make traitors in the state, and raise the popular cry against them, to gain to themselves the name of Patriots.
The wise and prudent will make a pause, before they inlist under such political zealots. They will judge for themselves of the faulted conduct of their Rulers. They will make reasonable allowances for human frailties, and be as ready to yield submission where it is due, as to defend their liberties where they are in danger.
We proceed now in the LAST place.—To take notice of the principles from which submission and obedience to government should flow. And these are, a sense of our duty to God, as well as to civil Authority, connected with, and animated by a sense of liberty. [36] Submit yourselves to every ordinance of man for the Lord’s sake.—As free, and not using your liberty for a cloke of maliciousness, but as the servants of God.
True religion:—A sacred reverence of the Deity:—The love of virtue and goodness, are as necessary to make good subjects, as good Rulers: And a spirit of liberty is requisite, to render obedience true and genuine both to God and man.
Even the supreme Ruler of the world, is not a despotic, arbitrary Monarch, nor does he require obedience by meer authority. His sacred laws,—all framed agreeable to the perfect rectitude of his nature, and resulting from his infinite goodness, and righteousness, are wisely adapted to the human system, and calculated for its good.
They recommend themselves to the reason of our own minds, and manifestly tend to our happiness:—We feel our interest as well as our duty in them, and that these are closely connected.
[37] Agreeable to the nature and tendency of these divine mandates, the obedience God requires of us, is not that of slaves, to a tyrannical master, but that of children, to a wise and benevolent father. It must be free,—a matter of choice, and not of force, driving us on against a reluctant mind.
Like to this, is the obedience we owe to civil government. Supposing its laws founded, as they ought to be, in reason and equity, and calculated for the good of society, they demand our approbation. And being under their authority, as members of the political body, both duty and interest require our submission.
But as all earthly Rulers, as well as all human institutions, may be supposed to be imperfect; and submission may be required, inconsistent with our just rights and privileges, there is a liberty, of a somewhat different nature, respecting civil government, we have a claim to, and which should have influence on our conduct, i.e. a liberty to -hold, as well as to yield submission.
[38] For, even a christian people who, from their character, as servants of God, are bound to submit to the higher powers, and to obey Magistrates, are not, out of courtly complaisance