American Political Writing During the Founding Era: 1760–1805. Группа авторов

to the manner in which he discharges the trust reposed in him. This is equally true of the King on the throne and the peasant in the field. The laws of a free state require each individual to use the public interests deposited in his hands, in every instance [16] in that very manner that shall contribute more to the good of the community, without any particular reference to Governor or subject, rich or poor, high or low. While the laws require such a continual course of conduct in every member of the community, they as critically forbid every one to take from another that part of the public property which is committed to him; or to impede him in making the best use of it for the public, unless when the community see it best to deprive an individual of his place, and authorise another to do it in their name. In this manner the laws of a free state provide security for the particular properties of each individual member, or rather for the public interest deposited in the hands of individuals, by denouncing such penalties on every offender as are exactly adequate to his offence. There must be an exact proportion between the offence and the penalty. Where there is no such proportion, or equality, liberty is infringed, because the law is partial, as it will injure, either the public, by not giving it its due, or the offender, by inflicting a greater evil than he deserves. In this case there must be no distinctions, made by the law, between persons of different characters and stations, only as those different characters and stations may give the same criminal action different degrees of aggravation. A criminal action is more criminal in a person who fills an elevated place, than in one [17] of a more humble condition; because it has a more detrimental aspect on the state. For this reason, the offences of the great should be punished with greater indignity and severity, than the crimes of persons in low life. In a perfectly free state, friendship to the community will be as carefully noticed as an offence. Punishment will not be more exactly alloted to the transgressor, than adequate rewards to the faithful subject. The farmer, the seaman, the mechanic, the merchant, and the practitioner of such of the learned professions as belong to the state, are directed by the community, in effect, to reward each other by an exchange of labour, or commodities. While those servants of the state, who are employed in managing the reins of government, are rewarded by a collection from the whole, an equality to which, is returned in the happy effects of legislation and executive justice. At the same time that the laws make due provision for an equal distribution of rewards among the faithful servants of the state, both of higher and lower rank, they make as full provision for the infliction of penalties on every class alike. They render it as easy to bring a royal offender to trial,—to procure an impartial sentence against him, and to inflict deserved punishment, as in the case of the meanest subject.

      In such a state, the laws extend to all the members of the society alike, by making an [18] impartial estimate of every offence, but as it is best in all communities, that some offenders should be pardoned, for special reasons, and that others should be punished; those same laws will lodge a power of determining the alternative with some one, whose capacity and integrity are equal to such a trust, so that the community may suffer no harm.

      A good foundation for liberty is laid in such a constitution, but its whole worth lies in due administration. Perfect liberty takes place where such a constitution is fully administered: But where the administration is imperfect, liberty is likewise imperfect. In a perfectly free state, both the constitution, and the administration of it, are full of propriety, equality, and equilibrium.

      These I take to be the out-lines of genuine liberty, which, by a proper application, may assist us in our enquiries after the degree of liberty enjoyed by any particular state.

      Indeed, the circumstances and occurrences, that attend human states are so numerous, extensive, and uncertain, that no one man, or body of men, can foresee and improve them all to the greatest advantage. Hence, it frequently happens, that we cannot ascertain the degree of liberty enjoyed by a community, by comparing the particular parts of a constitution, or the administration of it, with the abstract notion of liberty; [19] for we see but a small part of the whole system. Our views are very partial. This is the case not only of individual subjects, but the body of government, itself, cannot, compleatly, comprehend the whole. Some degree of partial oppression is, therefore, to be expected in every human state, even, under the wisest administration. We may, however, determine, in some instances, whether liberty is unnecessarily infringed or not. When we see the body of a community plundered for the sake of indulging individuals in pride, luxury, idleness and debauchery,—when we see thousands rewarded with pensions, for having either devised, or attempted to execute some scheme for plundering a nation, and establishing despotism, we cannot be in doubt whether some horrid attack is not made on liberty.

      We may reason thus in a few particular instances; but, in general, we must form our judgments by considering the various dispositions of mankind, and by noticing their various operations and effects, in various circumstances. We must turn our attention to the facts that have already taken place; and may reasonably conclude, that the same causes will always produce the same effects, unless something special prevents. One general inference from the whole will be, that liberty is much rather to be expected in a state where a majority, first, institutes, and then varies the constitution [20] according as they apprehend circumstances require, than in any other.

      Other things being equal, a majority has a more general and distinct knowledge of the circumstances, and exigencies of a state than a minority; and, of consequence, is more able to judge of what is best to be done. Add to this, that private interest is the great idol of the human mind; and, therefore, when a majority unite in any measures, it is to be supposed, they are such measures as are best calculated to secure the particular interests of the members of that majority; and, consequently, the general interests of the body are more effectually provided for, in this way, than by the security of the private interests of any minority whatever. And if the maxims adopted by the majority are general, both in their nature and extent, it is to be supposed, they will prove as salutary to the members of the minority as to those of the majority, and, consequently, to the whole body. Hence, though liberty is not necessarily, nor invariably connected with the voice of a majority; yet, it is much more likely to be found in connection with such a voice, than with that of a minority. Indeed, there is in general, no reason to expect liberty where a majority is counteracted, and, on the contrary, we may hope for some good degree of it, where a majority governs.

      It is only on these maxims, that the present [21] British monarch can be exculpated from the several charges of rebellion, treachery, and usurpation, and on these, the glorious revolution in favour of the house of Hanover is perfectly justifiable.

      Let us now attend a little, to a few particulars that may serve to excite in us some more adequate ideas of the worth of civil liberty. Indeed, none but an omniscient mind can fully comprehend, and exactly estimate the true worth of this blessing, in its various consequences, effects, and inseparable concomitants, as they take place on various occasions. Our views of this subject may, however, be greatly enlarged and rendered much more distinct than they generally are.

      That civil liberty is of great worth, may be infered from the conduct of God towards the Jewish nation. He promised them freedom from the oppression of their enemies as a testimony of his favour in case of their obedience; and as a chastisement for their disobedience, he threatned them with a state of servitude. From this it is certain that the omniscient God himself, esteems liberty a great blessing. The Israelites were taught by him to set their hearts much on liberty, and to avoid slavery with great caution, constancy and vigour.

      It was observed that liberty has its rise in [22] such a constitution as tends to the highest good of a community, and that the due administration of such a constitution affords a state of freedom. Hence, the bare idea of liberty discovers it to be an inestimable good, for whatever tends to the highest good of great numbers, must, undoubtedly, be an invaluable treasure. In this view liberty is an inexhaustable fountain, which, under God, sends forth an endless variety of such streams, as are both pleasant and salutary. I will instance in a few particulars. When we enjoy liberty, and are sure of its continuance, we feel that our persons and properties are safely guarded by her watchful eye, her impartial disposition and her powerful arm. This excites to industry, which tends to a competency of wealth. The vassal, on the other hand, having no security of his present possessions, or for those he might obtain, concludes so uncertain a prize is not worth the seeking, and therefore will do no more than barely serves to silence the clamours of necessity