The American Republic. Группа авторов

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СКАЧАТЬ exists in the governed: for, what is resistance but a recalling and resuming the consent heretofore supposed to have been given, and in fact refusing to submit to the “determination of the majority?” It does not clearly appear what Mr. Locke exactly meant by what he calls “the determination of the majority:” but the only rational and practical public manner of declaring “the determination of the majority,” is by law: the laws, therefore, in all countries, even in those that are despotically governed, are to be regarded as the declared “determination of a majority” of the members of that community; because, in such cases, even acquiescence only must be looked upon as equivalent to a declaration. A right of resistance, therefore, for which Mr. Locke contends, is incompatible with the duty of submitting to the determination of “the majority,” for which he also contends.

      It is indeed impossible to carry into effect any government which, even by compact, might be framed with this reserved right of resistance. Accordingly there is no record that any such government ever was so formed. If there had, it must have carried the seeds of it’s decay in it’s very constitution. For, as those men who make a government (certain that they have the power) can have no hesitation to vote that they also have the right to unmake it; and as the people, in all circumstances, but more especially when trained to make and unmake governments, are at least as well disposed to do the latter as the former, it is morally impossible that there should be any thing like permanency or stability in a government so formed. Such a system, therefore, can produce only perpetual dissensions and contests, and bring back mankind to a supposed state of nature; arming every man’s hand, like Ishmael’s, against every man, and rendering the world an aceldama, or field of blood.—Such theories of government seem to give something like plausibility to the notions of those other modern theorists, who regard all governments as invasions of the natural rights of men, usurpations, and tyranny. On this principle it would follow, and could not be denied, that government was indeed fundamentally, as our people are sedulously taught it still is, an evil. Yet it is to government that mankind owe their having, after their fall and corruption, been again reclaimed, from a state of barbarity and war, to the conveniency and the safety of the social state: and it is by means of government that society is still preserved, the weak protected from the strong, and the artless and innocent from the wrongs of proud oppressors. It was not without reason, then, that Mr. Locke asserted, that a greater wrong cannot be done to prince and people, than is done by “propagating wrong notions concerning government.”

      Ashamed of this shallow device, that government originated in superior strength and violence, another party, hardly less numerous, and certainly not less confident than the former, fondly deduce it from some imaginary compact. They suppose that, in the decline perhaps of some fabulous age of gold, a multitude of human beings, who, like their brother beasts, had hitherto ranged the forests, without guide, overseer, or ruler—at length convinced, by experience, of the impossibility of living either alone with any degree of comfort or security, or together in society, with peace, without government, had (in some lucid interval of reason and reflection) met together in a spacious plain, for the express purpose of framing a government. Their first step must have been the transferring to some individual, or individuals, some of those rights which are supposed to have been inherent in each of them: of these it is essential to government that they should be divested; yet can they not, rightfully, be deprived of them, otherwise than by their own consent. Now, admitting this whole supposed assembly to be perfectly equal as to rights, yet all agreed as to the propriety of ceding some of them, on what principles of equality is it possible to determine, either who shall relinquish such a portion of his rights, or who shall be invested with such new accessory rights? By asking another to exercise jurisdiction over me, I clearly confess that I do not think myself his equal; and by his consenting to exercise such authority, he also virtually declares that he thinks himself superior. And, to establish this hypothesis of a compact, it is farther necessary that the whole assembly should concur in this opinion—a concurrence so extremely improbable, that it seems to be barely possible. The supposition that a large concourse of people, in a rude and imperfect state of society, or even a majority of them, should thus rationally and unanimously concur to subject themselves to various restrictions, many of them irksome and unpleasant, and all of them contrary to all their former habits, is to suppose them possessed of more wisdom and virtue than multitudes in any instance in real life have ever shewn. Another difficulty respecting this notion may yet be mentioned. Without a power of life and death, it will, I presume, be readily admitted that there could be no government. Now, admitting it to be possible that men, from motives of public and private utility, may be induced to submit to many heavy penalties, and even to corporal punishment, inflicted by the sentence of the law, there is an insuperable objection to any man’s giving to another a power over his life: this objection is, that no man has such a power over his own life; and cannot therefore transfer to another, or to others, be they few or many, on any conditions, a right which he does not himself possess. He only who gave life, can give the authority to take it away: and as such authority is essential to government, this argument seems very decidedly to prove, not only that government did not originate in any compact, but also that it was originally from God ^*.

      

      This visionary idea of a government by compact was, as Filmer says, “first hatched in the schools; and hath, ever since, been fostered by Papists, for good divinity.” For some time, the world seemed to regard it merely as another Utopian fiction; and it was long confined to the disciples of Rome and Geneva, who, agreeing in nothing else, yet agreed in this. In an evil hour it gained admittance into the Church of England; being first patronized by her during the civil wars, by “a few miscreants, who were as far from being true Protestants, as true Subjects.” Mankind have listened, and continue to listen to it with a predilection and partiality, just as they do to various other exceptionable notions, which are unfavourable to true religion and sound morals; merely from imagining, that if such doctrines be true, they shall no longer be subjected to sundry restraints, which, however wholsome and proper, are too often unpalatable to our corrupt natures. What we wish to be true, we easily persuade ourselves is true. On this principle it is not difficult to account for our thus eagerly following these ignes fatui of our own fancies or “feelings,” rather than the sober steady light of the word of God; which (in this instance as well as in others) lies under this single disadvantage, that it proposes no doctrines which may conciliate our regards by flattering our pride.

      If, however, we can even resolve no longer to be bewildered by these vain imaginations, still the interesting question presses on us, “Where,” in the words of Plato ^*, “where shall we look for the origin of government?” Let Plato himself instruct us. Taught then by this oracle of Heathen wisdom, “we will take our stations there, where the prospect of it is most easy and most beautiful.” Of all the theories respecting the origin of government with which the world has ever been either puzzled, amused, or instructed, that of the Scriptures alone is accompanied by no insuperable difficulties.

      It was not to be expected from an all-wise and all-merciful Creator, that, having formed creatures capable of order and rule, he should turn them loose into the world under the guidance only of their own unruly wills; that, like so many wild beasts, they might tear and worry one another in their mad contests for preeminence. His purpose from the first, no doubt, was, that men should live godly and sober lives. But, such is the sad estate of our corrupted nature, that, ever since the Fall, we have been averse from good, and prone to evil. We are, indeed, so disorderly and unmanageable, that, were it not for the restraints and the terrors of human laws, it would not be possible for us to dwell together. But as men were clearly formed for society, and to dwell together, which yet they cannot do without the restraints of law, or, in other words, without government, it is fair to infer that government was also the original intention of God ^†, who never decrees the end, without also decreeing the means. Accordingly, when man was made, his Maker did not turn him adrift into a shoreless ocean, without star or compass to steer by. As soon as there were some to be governed, there were also some to govern: and the first man, by virtue of that paternal claim, on which all subsequent governments have been founded, was first invested with the power of government. For, we are not to judge of the Scriptures of God, as we do of some other СКАЧАТЬ