with each other, to pursue such measures, and obey such laws and regulations, as they should agree upon, either unanimously, or by a majority of two thirds, or by a simple majority, and should afterwards choose a certain number of officers, either for a certain time, or removable at pleasure, or during good behavior, to enforce obedience to those laws, and distribute justice, they would then constitute a pure democracy. It is not intended in this place to discuss the respective advantages of these various forms of government. But, where there is a large extent of country, containing within it many various nations under distinct governments, none appears to be more safe than an hereditary monarchy. The consequence of being governed by an elective monarchy is seen in the fate of Poland. A simple democracy would immediately fall a prey to a neighboring monarchy. The delay and dissensions of their councils would be such, that without taking into the account the very probable chances of corruption, the monarchy would overrun the democracy, before the members of the latter could agree upon any measures for the general defence. If any one should object here the long continuance of the Roman Republic, surrounded by the most warlike nations, many of whom were governed by kings of great military skill, it may be replied, that Rome was rather an aristocracy, than a democracy from the time of the expulsion of the Tarquins, to that of Julius Cæsar, notwithstanding occasional and partial changes in the government. Yet Rome was saved more than once during that period, by the decisive measure of appointing a dictator, an officer who possessed absolute power for the term of six months, and who could not be called to account for any measures however arbitrary and tyrannical, which he chose to adopt during that time. An aristocracy is a far more effective form of government than a democracy. This is very apparent from the history of Venice. But the inequality of rank would be an insurmountable objection to the adoption of such a form of government, among freemen who acknowledge no natural superiority of right in one man over another. It is greatly to be apprehended, therefore, if hereafter, the Union of the American States should be dissolved, that those States, which attempt to preserve the republican form of government,

will easily be overrun by those who adopt a more energetic

form.

The principal inducements, which men, living in a state of nature, would have, to form an organized society, would seem to be, 1. To have a tribunal, to which they might apply for the redress of any infringement of their natural rights, and thus prevent dissensions among those who were desirous of living together on friendly terms, from maturing into broils, outrages, and murderous conflicts, which dissensions, for want of such a tribunal, would necessarily arise from conflicting claims and pretensions; 2. To secure their persons and property from molestation by external enemies.

There are no doubt many other benefits arising from the organization of society, which, if they had been foreseen, might very probably have offered, of themselves, sufficient inducements to adopt that measure; as, for instance, the invention or at least a great improvement in trade or barter, as well as in manufactures, a rapid advancement in art and science in general, as well as every species of practical or speculative knowledge, necessarily accompanied with an increased degree of humanity, civilization, and refined social intercourse. Without mentioning other advantages, which might be enumerated, or wasting time in an unprofitable descant upon these, it should be observed, that these benefits are not to be obtained without a partial relinquishment of some of those natural rights which pertain to men individually before the organization of society. Among the rights which are thus relinquished in a greater or less degree, the most usual are, 1. the right, which in a state of nature, each individual has of redressing his own wrongs, personally; 2. the right of acting as he pleases, and consulting his own happiness alone, provided that he infringes no duty of piety and religion towards his Maker, and neglects or violates no obligation of justice, charity and humanity towards mankind. With regard to the first of these rights, there appears to be an almost total relinquishment of it to the government, in the first formation of the society. There certainly is with regard to all those wrongs, which come within the jurisdiction of any of the tribunals or courts established by the government. But, with relation to those wrongs, the redress of which is not thus provided for, it would

seem most expedient for the welfare of society, to consider, that the members of the community in forming a government, for the purpose of enacting laws and establishing tribunals of justice, had agreed to submit to the legislature, or to the Judges of the courts to determine, whether any grievance or injury complained of is of such a nature, or of sufficient importance to demand the aid of the court, and if it be not in their opinion, had agreed to pass it over in silence, until the legislature should alter such opinion, and see fit to interpose and provide a remedy.

2. In relation to natural liberty or freedom of action, it may be remarked, that it is with a view to this right, that governments are usually esteemed to be more or less free, precisely as this freedom is more or less trenched upon by the laws of such governments respectively. On entering into a social compact, the members might very naturally stipulate for the reservation of certain particular liberties or exemptions, which reservation ought to be strictly observed and complied with by the rulers or constituted authorities. If they are slighted or trampled upon, the power of the rulers will so far be usurped, and their government tyrannical.

But, with the exception of those reserved rights, the members of the society would be considered as agreeing to relinquish to the government so much of their natural freedom of action as should become necessary, from time to time, to obey and observe such laws and regulations, as the rulers, within their constitution or social compact, should think expedient to enact and promulgate for the general good. It would not be, therefore, so much the rights themselves, of liberty and freedom of action, which they relinquish for the good of society; as it would be a power to limit, restrain or wholly take away the exercise of those rights, which they would confer on the rulers, with a stipulation express or tacit, that such power should never be exercised except for the general and equal good of all. For the true idea of government seems to be, that it is established by the people, for the preservation of their natural rights in general, by a partial sacrifice of a few particular ones.

But, it is not merely the freedom of action, which each

individual relinquishes in a greater or less degree to the control of government; but he agrees also to do whatever the rulers shall judge expedient for the general good of the whole, with a stipulation, express or tacit, that legislation shall be general, and comprehend all the individuals of the society to whose circumstances it may be equally applicable.

As men, in relation to their rights, are by nature equal, no man can justly be subjected to the control of another, or any number of others, without his consent; or, unless he has committed some crime, or has come under some obligation. As, therefore, it cannot be supposed that any individual would originally have agreed to join with others in organizing a society, where he would not stand on equal ground with the rest, any law which would tend to degrade him below the rest, must be inequitable and in violation of an implied understanding. For, in strictness, no law can be binding, if inconsistent with the restrictions contained in the social compact or constitution of the society, and beyond the powers intended to be granted in it.

Having stated in very general terms, though with as much distinctness as the necessary limits of this chapter, and the nature of the case, would conveniently permit, the rights which men have in a state of nature previously to the organization of society, and touched slightly upon the inconveniencies of a state of nature, and the consequent inducements which men had to unite and form a government; having also briefly considered some of the natural rights, which it is necessary, that men should relinquish in a greater or less degree, according to circumstances, to the government of the society, in order to obtain the objects of its organization, this chapter will conclude with a few remarks upon those natural rights, more or less of which are usually retained by the members of society, notwithstanding their entering into such an organized union.

DIVISION. 2. Of those rights which are usually retained in organized society.

SEC. I. Self-defence in cases of extreme urgency. The first and most important of these rights, is that of self-defence. This right is reserved to every individual, in all cases, where

there is not time sufficient to apply to the government for protection. So that, if a man is assaulted, and his life is in extreme danger, and he has no opportunity to apply to the police, because his case will admit of no delay, he will be excused by the law of society as well as by the law of nature, if he takes the life of his assailant, supposing always that he has no other way to save his own. For, in any such case as this, society cannot afford him that protection, which was one of the principal motives, which led him to unite with others in the formation of it. His natural right to protect himself in any such extremity, is therefore always reserved to him. But, where the aggression is threatened previously to its being actually made, no individual has a right to make preparations for his own defence, personally, if such preparations constitute a disturbance of the public peace. In any such case, the individual threatened ought to apply to the proper officers of the society for that protection, which it is their duty to afford him.

SEC. II. Of qualified liberty of action; freedom from unnecessary restraints, requisitions and exactions, &c. Where the people form a social compact, contained in a written constitution, the extent of the powers granted to the government, may be defined with precision. But, where there is no written constitution, the extent of such powers is ascertained by usages and precedents, that is to say, by the practice of the rulers, sanctioned by the silent acquiescence of the people, in peaceable and quiet times. In different societies and under different governments, the powers of the rulers, and the consequent restraint on the natural liberty of the subjects, vary greatly.

Civil liberty consists in not being restrained from acting, and not being constrained to act, by any law which does not conduce to the general welfare. But, it may be asked, how shall it be ascertained whether a law conduces to the general welfare or not? The answer is, this is submitted to the wisdom and discretion of the rulers. But, it may be asked again, is there no restraint upon the exercise of this discretion? The answer is, that they are restrained from enacting laws, or