|
| Of the origin and
design of government in general, with concise remarks on
the English Constitution. SOME writers have so confounded
society with government, as to leave little or no
distinction between them; whereas they are not only
different, but have different origins. Society is
produced by our wants, and government by wickedness; the
former promotes our happiness positively by uniting our
affections, the latter negatively by restraining our
vices. The one encourages intercourse, the other creates
distinctions. The first is a patron, the last a punisher. |
1 |
| Society in every state is a
blessing, but government even in its best state is but a
necessary evil; in its worst state an intolerable one;
for when we suffer, or are exposed to the same miseries
by a government, which we might expect in a country
without government, our calamity is heightened by
reflecting that we furnish the means by which we suffer.
Government, like dress, is the badge of lost innocence;
the palaces of kings are built on the ruins of the bowers
of paradise. For were the impulses of conscience clear,
uniform, and irresistibly obeyed, man would need no other
lawgiver; but that not being the case, he finds it
necessary to surrender up a part of his property to
furnish means for the protection of the rest; and this he
is induced to do by the same prudence which in every
other case advises him out of two evils to choose the
least. Wherefore, security being the true design and end
of government, it unanswerably follows that whatever form
thereof appears most likely to ensure it to us, with the
least expence and greatest benefit, is preferable to all
others. |
2 |
| In order to gain a clear and
just idea of the design and end of government, let us
suppose a small number of persons settled in some
sequestered part of the earth, unconnected with the rest,
they will then represent the first peopling of any
country, or of the world. In this state of natural
liberty, society will be their first thought. A thousand
motives will excite them thereto, the strength of one man
is so unequal to his wants, and his mind so unfitted for
perpetual solitude, that he is soon obliged to seek
assistance and relief of another, who in his turn
requires the same. Four or five united would be able to
raise a tolerable dwelling in the midst of a wilderness,
but one man might labour out the common period of life
without accomplishing any thing; when he had felled his
timber he could not remove it, nor erect it after it was
removed; hunger in the mean time would urge him from his
work, and every different want call him a different way.
Disease, nay even misfortune would be death, for though
neither might be mortal, yet either would disable him
from living, and reduce him to a state in which he might
rather be said to perish than to die. |
3 |
| This necessity, like a
gravitating power, would soon form our newly arrived
emigrants into society, the reciprocal blessing of which,
would supersede, and render the obligations of law and
government unnecessary while they remained perfectly just
to each other; but as nothing but heaven is impregnable
to vice, it will unavoidably happen, that in proportion
as they surmount the first difficulties of emigration,
which bound them together in a common cause, they will
begin to relax in their duty and attachment to each
other; and this remissness, will point out the necessity,
of establishing some form of government to supply the
defect of moral virtue. |
4 |
| Some convenient tree will afford
them a State-House, under the branches of which, the
whole colony may assemble to deliberate on public
matters. It is more than probable that their first laws
will have the title only of REGULATIONS, and be enforced
by no other penalty than public disesteem. In this first
parliament every man, by natural right, will have a seat.
|
5 |
| But as the colony increases, the
public concerns will increase likewise, and the distance
at which the members may be separated, will render it too
inconvenient for all of them to meet on every occasion as
at first, when their number was small, their habitations
near, and the public concerns few and trifling. This will
point out the convenience of their consenting to leave
the legislative part to be managed by a select number
chosen from the whole body, who are supposed to have the
same concerns at stake which those have who appointed
them, and who will act in the same manner as the whole
body would act were they present. If the colony continues
increasing, it will become necessary to augment the
number of the representatives, and that the interest of
every part of the colony may be attended to, i t will be
found best to divide the whole into convenient parts,
each part sending its proper number; and that the elected
might never form to themselves an interest separate from
the electors, prudence will point out the propriety of
having elections often; because as the elected might by
that means return and mix again with the general body of
the electors in a few months, their fidelity to the
public will be secured by the prudent reflexion of not
making a rod for themselves. And as this frequent
interchange will establish a common interest with every
part of the community, they will mutually and naturally
support each other, and on this (not on the unmeaning
name of king) depends the strength of government, and the
happiness of the governed. |
6 |
| Here then is the origin and rise
of government; namely, a mode rendered necessary by the
inability of moral virtue to govern the world; here too
is the design and end of government, viz. freedom and
security. And however our eyes may be dazzled with snow,
or our ears deceived by sound; however prejudice may warp
our wills, or interest darken our understanding, the
simple voice of nature and of reason will say, it is
right. |
7 |
| I draw my idea of the form of
government from a principle in nature, which no art can
overturn, viz. that the more simple any thing is, the
less liable it is to be disordered, and the easier
repaired when disordered; and with this maxim in view, I
offer a few remarks on the so much boasted constitution
of England. That it was noble for the dark and slavish
times in which it was erected, is granted. When the world
was over run with tyranny the least remove therefrom was
a glorious rescue. But that it is imperfect, subject to
convulsions, and incapable of producing what it seems to
promise, is easily demonstrated. |
8 |
| Absolute governments (tho' the
disgrace of human nature) have this advantage with them,
that they are simple; if the people suffer, they know the
head from which their suffering springs, know likewise
the remedy, and are not bewildered by a variety of causes
and cures. But the constitution of England is so
exceedingly complex, that the nation may suffer for years
together without being able to discover in which part the
fault lies, some will say in one and some in another, and
every political physician will advise a different
medicine. |
9 |
| I know it is difficult to get
over local or long standing prejudices, yet if we will
suffer ourselves to examine the component parts of the
English constitution, we shall find them to be the base
remains of two ancient tyrannies, compounded with some
new republican materials. |
10 |
| First.The remains of
monarchical tyranny in the person of the king. |
11 |
| Secondly.The remains of
aristocratical tyranny in the persons of the peers. |
12 |
| Thirdly.The new republican
materials, in the persons of the commons, on whose virtue
depends the freedom of England. |
13 |
| The two first, by being
hereditary, are independent of the people; wherefore in a
constitutional sense they contribute nothing towards the
freedom of the state. |
14 |
| To say that the constitution of
England is a union of three powers reciprocally checking
each other, is farcical, either the words have no
meaning, or they are flat contradictions. |
15 |
| To say that the commons is a
check upon the king, presupposes two things. |
16 |
| First.That the king is not
to be trusted without being looked after, or in other
words, that a thirst for absolute power is the natural
disease of monarchy. |
17 |
| Secondly.That the commons,
by being appointed for that purpose, are either wiser or
more worthy of confidence than the crown. |
18 |
| But as the same constitution
which gives the commons a power to check the king by
withholding the supplies, gives afterwards the king a
power to check the commons, by empowering him to reject
their other bills; it again supposes that the king is
wiser than those whom it has already supposed to be wiser
than him. A mere absurdity! |
19 |
| There is something exceedingly
ridiculous in the composition of monarchy; it first
excludes a man from the means of information, yet
empowers him to act in cases where the highest judgment
is required. The state of a king shuts him from the
world, yet the business of a king requires him to know it
thoroughly; wherefore the different parts, by unnaturally
opposing and destroying each other, prove the whole
character to be absurd and useless. |
20 |
| Some writers have explained the
English constitution thus; the king, say they, is one,
the people another; the peers are an house in behalf of
the king; the commons in behalf of the people; but this
hath all the distinctions of an house divided against
itself; and though the expressions be pleasantly
arranged, yet when examined they appear idle and
ambiguous; and it will always happen, that the nicest
construction that words are capable of, when applied to
the description of some thing which either cannot exist,
or is too incomprehensible to be within the compass of
description, will be words of sound only, and though they
may amuse the ear, they cannot inform the mind, for this
explanation includes a previous question, viz. How came
the king by a power which the people are afraid to trust,
and always obliged to check? Such a power could not be
the gift of a wise people, neither can any power, which
needs checking, be from God; yet the provision, which the
constitution makes, supposes such a power to exist. |
21 |
| But the provision is unequal to
the task; the means either cannot or will not accomplish
the end, and the whole affair is a felo de se; for as the
greater weight will always carry up the less, and as all
the wheels of a machine are put in motion by one, it only
remains to know which power in the constitution has the
most weight, for that will govern; and though the others,
or a part of them, may clog, or, as the phrase is, check
the rapidity of its motion, yet so long as they cannot
stop it, their endeavors will be ineffectual; the first
moving power will at last have its way, and what it wants
in speed is supplied by time. |
22 |
| That the crown is this
overbearing part in the English constitution needs not be
mentioned, and that it derives its whole consequence
merely from being the giver of places and pensions is
self-evident; wherefore, though we have been wise enough
to shut and lock a door against absolute monarchy, we at
the same time have been foolish enough to put the crown
in possession of the key. |
23 |
| The prejudice of Englishmen, in
favour of their own government by king, lords and
commons, arises as much or more from national pride than
reason. Individuals are undoubtedly safer in England than
in some other countries, but the will of the king is as
much the law of the land in Britain as in France, with
this difference, that instead of proceeding directly from
his mouth, it is handed to the people under the more
formidable shape of an act of parliament. For the fate of
Charles the first, hath only made kings more
subtlenot more just. |
24 |
| Wherefore, laying aside all
national pride and prejudice in favour of modes and
forms, the plain truth is, that it is wholly owing to the
constitution of the people, and not to the constitution
of the government that the crown is not as oppressive in
England as in Turkey. |
25 |
| An inquiry into the
constitutional errors in the English form of government
is at this time highly necessary; for as we are never in
a proper condition of doing justice to others, while we
continue under the influence of some leading partiality,
so neither are we capable of doing it to ourselves while
we remain fettered by any obstinate prejudice. And as a
man, who is attached to a prostitute, is unfitted to
choose or judge of a wife, so any prepossession in favour
of a rotten constitution of government will disable us
from discerning a good one. |
26 |
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