Political Sermons of the American Founding Era: 1730–1805. Группа авторов

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СКАЧАТЬ mighty: But in righteousness shalt thou judge thy brother.”^* And that also, “Thou shalt not wrest judgment, thou shalt not respect persons, neither take a gift; for a gift doth blind the eyes of the wise, and pervert the words of the righteous.”^†

      If ’tis their business to enquire who have been offenders against the laws, and to exhibit complaints against them as such; they must be couragious and impartial, complying with their duty equally in respect of all, be their character what it will.

      If ’tis their business to act as executioners of justice, they must faithfully inflict the adjudged sentence: In doing of which, tho’ there may be room for the exercise of compassion, especially in the case of some sort of debtors; yet the righteousness of the law may not be eluded by needless, much less fraudulent delays, to the injury of the creditor.

      In fine, whatever their trust is, whether of less or greater importance, they must exercise it with care, fidelity, resolution, steadiness, diligence, and an entire freedom from a corrupt respect to men’s persons, as those who are concerned for the honour of government, and that it’s laws may take effect for the general good of the community.]

      To go on,

      3. Another instance wherein rulers should be just, respects the debts that may be due from the public. A government may be in debt, as well as private men. Their circumstances may be such, as to render it adviseable for them to borrow money, either of other governments, or within themselves: Or, they may have occasion to make purchases, or to enter into contracts, upon special emergencies, which may bring them in debt. In which cases, the rule of justice is the same to magistrates, as to men in a private life. They must pay that which they owe, according to the true meaning of their engagements, without fraud or delay.

      [They may also be in debt for services done by labourers, in this and the other secular employment. And here the rule of justice is that, “withhold not good from them to whom it is due, when it is in the power of thine hand to do it. Say not unto thy neighbour, go, and come again, and to-morrow I will give, when thou hast it by thee.”^* Or if the labourers are such as have nothing beforehand, but their day-labour is what they depend on for the support of themselves and families, the rule is yet more particular, “Thou shalt not oppress an hired servant that is poor and needy; at his day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart on it: Lest he cry against thee unto the Lord, and it be sin unto thee.”^* And again, “Thou shalt not defraud thy neighbour, nor rob him: The wages of him that is hired, shall not abide with thee all night until the morning.”^†]

      In fine, they may be in debt to their own officers, whether in higher or lower station, the proper business of whose office calls off their attention from other affairs. And as their time, and care, and tho’t, are employed in the service of the public, a public maintenance is their just due. “Who goeth a warfare any time at his own charge? Who planteth a vineyard, and eateth not of the fruit thereof? Or, who feedeth a flock, and eateth not of the milk of the flock? Say I these things as a man? Or saith not the law the same also?”^‡ For it is written, “For this cause pay you tribute; for they are God’s ministers, attending continually upon this very thing.^§ Render unto Cæsar the things that are Cæsar’s.”^¶

      Nor is it sufficient that they be supported according to the condition of men in low life. This may be tho’t enough, if not too much, by those who imagine, that the more strait-handed they are upon the head of allowances, the more serviceable they shall be to the public. But there is such a thing in the state, as a “withholding more than is meet.” And it really tends to the damage of a government. Too scant an allowance may unhappily prove a temptation to officers, to be hard upon those dependent on them; and what they may injuriously squeeze out of them, by one artful contrivance or another, may turn out more to the hurt of the community, than if twice that sum had been paid out of the public treasury, and this evil, by means hereof, had been prevented. Besides, ’tis no ways fitting, that men cloathed with honour and power should be brought down to a level with vulgar people, in the support that is granted them. Their outward circumstances should be elevated in proportion to their civil character, that they may be better able to support the visible dignity of their station, and command that respect which is due to men of their figure. He that is governour should eat the bread of a governour; and subordinate officers should be maintained, according to the rank they bear in the state: Nor ought their honourable maintenance to be tho’t a matter of meer bounty; ’tis rather a debt, which can’t be withheld without injustice.

      [To be sure, where their stipends have been established, or, at least, they have had reasonable encouragement to expect such a certain acknowledgment for their service, righteousness requires that it be paid them: Nor may it be tho’t that the same nominal sum, falling vastly below the real worth of the debt, will be sufficient to discharge it. It certainly is not sufficient, in the eye of justice, either natural or revealed; which respects no man’s person, but will do that which is right to the lowest, as well as to the highest officer in the state.

      And the case, in point of equity, is really the same, where a government has come into no special agreement; but the ascertaining the quantum proper for the support of it’s officers, is left to it’s own wisdom and probity. For an allowance is due to them by the law of righteousness: And it ought to be granted, both in proper season, and full proportion, that there may be no reason for complaint, either of penurious or unjust dealing.

      I may add here, the distribution of rewards, in case of extraordinary service done for a government, falls properly under this head of justice. For tho’ there may be bounty in it, there is also a mixture of righteousness. But however this be, it has been the practice of all nations to shew singular marks of respect to those who have distinguished themselves by their eminent labours for the public. And it is to be hoped, this government will never be backward, according to their ability, suitably to reward those who have signalized themselves, in doing service for their king and country.]

      4. Another general instance wherein rulers should be just, concerns the liberties and priviledges of the subject. In all governments there is a reserve of certain rights in favour of the people: In some, they are few in kind, and small in degree: In others, they are both great and numerous; rendring the people signally happy whose lot it is to be favoured with the undisturbed enjoyment of them. And it would be no wonder, if they should keep a jealous eye over them, and think no cost too much to be expended, for the defence and security of them: Especially, if they were the purchase of wise and pious ancestors, who submitted to difficulties, endured hardships, spent their estates, and ventured their lives, that they might transmit them as an inheritance to their posterity.

      

      And shall such valuable, dear-bought rights be neglected, or invaded by the rulers of a people? ’Tis a principal part of that justice which is eternally expected of them, as they would not grosly pervert one of the main ends of their office, to preserve and perpetuate to every member of the community, so far as may be, the full enjoyment of their liberties and priviledges, whether of a civil or religious nature.

      Here I may say distinctly,

      As rulers would be just, they must take all proper care to preserve entire the civil rights of a people. And the ways in which they should express this care are such as these.

      They should do it by appearing in defence of their liberties, if called in question, and making use of all wise and sutable methods to prevent the loss of them: Nor can they be too active, diligent or laborious in their endeavours upon this head: Provided always, the priviledges in danger are worth contending for, and such as the people have a just right and legal claim to. Otherwise, there may be hazard of losing real liberties, in the strife for those that are imaginary; or valuable ones, for such as are of trifling consideration.

      They СКАЧАТЬ