It may seem strange, that the municipal law of all countries is so little regardful of the laws of nature, as to adopt but a very few of them. There never was a general law in any country, to punish ingratitude, if it was not among the ancient Persians.8 There is no positive law to enforce compassion, and to relieve those in distress, if the maintenance of the poor be excepted; which, in some countries, is provided for by law. No notice is taken of breach of friendship, by statute; nor of the duty we owe our children, further than of supporting them while they are under age. But municipal laws, being of human invention, are of no great extent. They cannot reach the heart nor its intentions, further than as expressed by outward acts. And these are to be judged of cautiously, and with reserve; because they form a language, dark, and at best full of ambiguities. At the same time, the object of human laws is man, considered singly in the quality of a citizen. When society is formed, and government submitted to, every private right inconsistent with society and government is surrendered. But, in every other respect, individuals reserve their independency and their private rights. Whether a man be virtuous, is not the concern of the society, at least not of its laws; but only whether he transgress the regulations that are necessary to the preservation of society. In this view, great attention is given by legislators to enforce the natural law of restraint. The like attention is given to enforce the natural obligation of engagements, and of fidelity, at least as far as relates to commerce; for infidelity in love and friendship are left to the natural law. Ingratitude is not punished by human laws, because it may be guarded against by positive engagements; nor hard-heartedness with regard to objects of distress, because society may subsist without such a law, and mankind are scarce yet arrived at such refinement in manners, as to have an abhorrence of this crime sufficient to make it an object of human punishment.
There is another substantial reason that confines municipal laws within a much narrower compass than the laws of nature. It is essential to municipal laws, that they be clear, plain, and readily applicable to particular cases; without which judges would be arbitrary, and law made a handle for oppression. For this reason, none of our actions can be the object of positive law, but what are reducible to a precise rule. Ingratitude therefore cannot be the object of municipal laws, because the quality of the crime depends upon a multiplicity of circumstances, which can never be reduced to a precise rule. Duty to our children, friends, and relations, is mostly in the same case. The duty of relieving the distressed, depends upon many circumstances; the nature of the distress, the connection betwixt the parties, the opportunity and ability of affording relief. The abstinence from mutual harm, and the performance of promises, are capable to be brought under a precise rule, and consequently to be objects of municipal law. The chief attention of the legislature in all countries, was at first to explain and enforce the natural law of restraint, without which society cannot have a being. Municipal law was afterward extended to support promises and covenants and to enforce performance, without which society may exist, but cannot flourish. Gradual improvements in the arts of life, have in later times extended municipal law still farther. The duty of benevolence arising from certain peculiar connections among individuals, is susceptible in many cases of a precise rule. So far benevolence is also taken under the authority of the legislature, and enforced by rules passing commonly under the name of the law of equity.
If we can trust history, the original inhabitants of this earth were a brutish and savage race. And we have little reason to doubt of the fact, when, even at this day, we find in distant corners the same sort of people. The state of nature is accordingly represented by most writers, as a state of war; nothing but rapine and bloodshed. From this picture of the first men, one would be apt to conclude, that man is a wild and rapacious animal, little better than a beast of prey, till he be moulded by society into a rational creature. If this conclusion be just, we cannot help being in some pain for the principles above laid down. Brutish manners imply brutish principles of action; and, from this view of the original state of mankind, it might seem that moral virtues are not natural, but acquired by means of education and example in a well-regulated society; in a word, that the whole moral part of the human system is artificial, as justice is represented by a late writer.
But to be satisfied of the error of this conclusion, we need only look back to what has already been said upon the moral sense. If the perception of beauty and deformity in external existences be natural to man, the perception of beauty and deformity, and of a right and wrong, in actions, is equally so. The influence of education may be great upon a docile mind; but it would be miraculously great, could it create but any one sense. That miracle is reserved for our Maker. Education may well cherish and improve the plants of nature’s formation; but cannot introduce any new or original plant. We must therefore attribute the foregoing appearances to some other cause than want of a moral sense; and these appearances may easily be explained, from peculiar circumstances, that over balance them oral sense, and produce in appearance the same effects which would result from a total absence of that sense. Let us point out these circumstances; for the subject is worthy of our strictest attention. In the first place, we must look back to the original state of man, destitute entirely of those arts which produce the conveniencies of life. In this state, man, a most indigent creature, would be incited by self-preservation to supply his wants the best way he could, without much obstruction from the moral sense. Debates and differences would multiply to be determined by the strong-hand; there being no established rules of conduct to appeal to, nor judges to apply rules to particular cases. In this state, barbarity, roughness, and cruelty, formed the character of the human species. For, in the practice and habit of war, the malevolent principles gain strength and vigour, as the benevolent principles do by the arts of peace. And to this consideration may be added, that man is by nature shy and timorous; and consequently cruel to those he masters. The security obtained in a regular society, puts an end in a great measure to our fears. Man becomes a magnanimous and generous being, not easily daunted, and therefore not easily provoked to acts of cruelty.
It may be observed in the next place, that the rude and illiterate are governed by their appetites and passions, more than by general principles. We have our first impressions from external objects. It is by education and practice that we acquire a facility in forming complex ideas and abstract propositions. The ideas of a common interest, of a country, of a people, of a society under government, of public good, are complex, and not soon acquired even by the thinking part of mankind. They are scarce ever acquired by rustics; and consequently can scarce make any impression on them. One’s own interest, considered in general, is too complex an object for the bulk of mankind; and therefore it is, that appetites and passions, aiming at particular objects, are stronger motives to action with the ignorant and unthinking, than the principle of self-love, or even of self-preservation, when it is not excited by some object that threatens danger. And the same must hold more strongly with regard to the affections of benevolence, charity, and such like, when there is no particular object in view, but only, in general, the good of others.
Man is a complex machine, composed of various principles of motion, which may be conceived as so many springs or weights, counteracting or balancing one another. When these are accurately adjusted, the movement of life is beautiful, because regular and uniform. But if some springs or weights be withdrawn, those which remain, acting now without opposition from their antagonists,