THE DOCTRINES OF RIGHTS APPLIED TO GOVERNMENT.

Government, human as well as Divine, is a necessity of man’s

fallen condition--All men concur in this--Man did not originate

government: he has only modified the form--The legitimate

objects of government, and the means which it employs to effect

these objects--The logical inferences: 1. Although he has the

power, he has no right to do wrong; 2. As a fallen being, he

is, without a government over him, liable to lose the power of

self-control--What are the rights of man: 1. In a state of

infancy; 2. In a state of maturity; and, 3. In a savage or

uncivilized state--Civil government is not founded on a

concession of rights.

Philosophers, it seems to me, strangely overlook the tendency of man’s

fall to modify the operation of the laws of mind; and those who admit

the fall still overlook this fact, that the depravity of man’s nature

was the result of _deprivation_, and not the infusion of an evil

principle as an attribute of his nature. But it is not with the

theology of this subject that we are now dealing. The fact that, as a

fallen being, he was deprived of the immediate presiding influence of

the Divine Spirit, is the matter that more immediately engages our

attention. His lower physical nature, the great medium of the soul’s

communication with the outward world, and of consciousness in the

embodied state, _originally_ operated in perfect and harmonious

subordination to his higher spiritual nature. In this condition, his

appetites, propensities, and passions presented no bar to his

happiness, or to that of his fellows. The government or control which

his situation demanded, we may suppose, was simple, and concerned

chiefly his relation to the Deity. But when, on the great occasion of

his trial, he exercised his power of self-action, and exalted this

nature as a rule of moral action, instead of the essential good of his

higher nature, of which the will of God in the given case was the full

and just exponent, there resulted a deprivation of the Divine Spirit,

such as entirely changed the relation of those departments of his

nature. Under the clouded condition of intellect consequent upon this

deprivation, his lower nature, with its appetites, propensities, and

passions, is brought into constant and fierce conflict with his

spiritual nature. This change in the condition of his humanity

presents his case in an aspect altogether new. The history of each

individual man becomes the history of a warfare--a warfare with

himself, and a warfare with his fellows. With a highly vigorous moral

nature, he is also the subject of a carnal or depraved nature. In this

state of things, _government_ becomes an _actual necessity of his

condition_. The Divine government, with all the aids and appliances

afforded by the grand scheme of atonement, must appeal to his

passions, both of hope and of fear. For it is only by reducing his

lower nature to its originally subordinate and harmonious position

that an equilibrium will be established, and his primordial happiness

regained. But the Divine government, though operating in harmony with

the claims of his moral nature, and founded upon the relation which he

sustains to Jehovah, and indispensable to his happiness here and

hereafter, of itself alone does not meet a great many of the immediate

demands of his condition. Hence the statement of Solomon: “Because

sentence against an evil work is not executed speedily, therefore the

heart of the sons of men is fully set in them to do evil.” The

consequences of obedience, high and holy as they are, and the

consequences of disobedience, great and terrible as they are, are too

remote from man, in many states of intellect and feeling in which he

often places himself, to meet the immediate demands of his nature.

Hence, that modification of government called civil government, is no

less demanded by the necessities of his condition than the Divine.

Civil government deals chiefly with the relations of man to his

fellow-man. It coincides with the Divine government. They each aim at

the control of the lower nature of man, and the development of his

higher nature. The means they employ are the same in principle. They

address the same passions. The rewards and punishments of the one are

in this life, and of the other chiefly in the life to come. Withal,

the civil has the sanction of the Divine, and the Divine should always

have the sanction of the civil, government. But still they are

entirely distinct, and should not be confounded either in theory or in

practice. The one is secular, and the other is Divine.

Now, we say that civil government--for of that we are called more

particularly to speak--_is a necessity of man’s condition_. It dates

back as early as the creation of man. God himself established it in

the law he gave to govern the first relation that existed on

earth--the relation between Adam and his “helpmeet.” After the fall, a

necessity arose which gave it a new and more important bearing. We

soon see it ramifying itself through all society, and dealing with all

the relations of life.

Its necessity and authority, as a great means of controlling the

lower nature of man, is among the permanent beliefs of mankind.

Neither legislators nor philosophers originated these beliefs. They

are among the intuitions of man. The common judgment of mankind is not

more assured that man exists, than that fallen man must be controlled

in his appetites, propensities, and passions--the sum of what is often

considered his interest and his happiness--by the _physical powers of

government_. Each individual man feels that he needs its powerful

sanctions to arm him against himself, when violently tempted to do

wrong; and that he needs its sanctions to protect him from outrage and

wrong from his fellow-men, when moved by similar forces. The instincts

of animal nature are not more certain in their movements than are the

_intuitive_ perceptions and spontaneous feelings of mankind, causing

them to lean upon the strong arm of civil government, to _control_ the

propensities and passions, and to promote the free exercise of the

higher moral nature of man.

Government is the whole society in action. No people was ever known to

exist for any definite period without government. Sometimes, it is

true, _the form_ has been the result of implied understandings among

the people--as when “there was no judge in Israel:” at others, a

master-spirit has assumed the reins, and been deferred to by common

consent; and at others, it has been modified by formal processes--such

as conventions and constitutions. Be this, however, as it may,

government has always existed. Legislators did not make it. They have

had much to do in modifying, directing, and often in corrupting the

form; but nothing to do in originating government, in any proper sense

of the term. It sprang spontaneously from the common sense of mankind.

An agent indispensable to self-preservation was certainly coeval with

the race.

In its true generic sense, that is, in a sense equally applicable to

all forms, government is _control_ by the authority of God and the

people. God, in his word, declares the authority of the magistrate to

be his ordinance; and this accords with the intuitive belief and

feeling of necessity of all mankind: not that either approves in all

cases of the _form_ which government assumes, but that the generic

principle, in all cases, has the sanction of each.

The legitimate object of government is to secure to the people the

highest amount of freedom which their moral condition and relative

circumstances will admit. The means which it employs to effect this

object, are, 1. Suitable penalties, addressed to their hopes and

fears, to lay them under such restraints as to the indulgence of their

appetites, propensities, and passions, as thereby to prevent them

from operating as a bar to the free exercise of their intellectual and

moral powers in pursuit of the _essential_ good; and, 2. The security

which it offers to every man, in the exercise of the higher powers of

his nature, that he may do it without restraint from the passions of

men; or, in other words, to guarantee to every man the free exercise

of his essential power to do good.

That both the object of government, and the means which it employs,

are correctly stated, will not be disputed. All men concur in these

views. They underlie all our opinions and reasonings on the subject of

civil government. But in assenting to this much, (and how can it be

avoided?) may we not stand committed to much more than many

theoretical politicians are aware?

Let us trace the logical inferences which arise from the principles

discussed.

I. Man, we find, is endowed with a self-acting power of will, which is

called mental liberty, and hence he is accountable. For although it is

admitted that there cannot be a volition without a motive, yet it is

an idea inseparable from our notions of mental liberty, that there

cannot be any thing in these motives necessitating the volition; for

in that case it would not be free. But he is free to adopt either the

right or the wrong motive of volition, and therefore he is

accountable for his actions. Nor does it follow that this liberty

confers the _right_ to do _wrong_. His liberty, as we have shown, is

to be understood in a sense agreeing with the coincident ideas of

_right_ and _duty_. We are all conscious, that so soon as we perceive

_the good_, in any case, we have a feeling of _obligation_ to observe

it as the rule of conduct, and to avoid the contrary as _wrong_; that

is, _each man has a conscience_. Hence, although man has the _power_

to do wrong, he has no _right_ to do wrong; but only a _right_ to do

that which is good. Such, and such only, is the true subjective _right

of self-control_. It is not a right to do as we may please, unless we

shall please to do that which, in itself, is _right_; that is, _the

good_.

II. His fall, we have seen, has had the effect to place him in such

circumstances, that the attributes of his lower nature, his appetites,

propensities, and passions, often have such ascendency as motives of

action, that he is always liable to do wrong. Many reasons, _à

priori_, could be given for this. The mind is first brought into

contact with the outward world through the bodily senses. They come

first into play; and hence the natural sensibilities are first

developed. The will, in the form of spontaneous volition, is

accustomed, from earliest life, to act from these as a motive, for the

reason that there is no other from which it can act. The pure

intelligence, the percipient of the good, and the corresponding

feelings of obligation, unfold themselves slowly; and long before it

may be said that the mind is matured, the will is accustomed to make

the natural sensibilities the motive of spontaneous volition. Now the

will is, like all other faculties of the mind, subject to the great

law of habit; and if not checked, restrained according to the true

idea of government, a _habit_ of submission is formed, which, if not

early dissolved, becomes a confirmed habit. The will, instead of being

the governing power of the mind, becomes, in truth, the faculty

governed. _It has lost the power of self-control._ It has become the

slave of passion--confirmed in the habit of submission. It is

precisely at this point of mental degradation that Paul declares of

“vessels of wrath,” those who have brought themselves into this state

by their own act, that “they are fitted to destruction.” Now, in view

of these facts and the principles already established, what are the

rights of man?

First. In the state of infancy. It has been proved that the subjective

endowments of humanity, and whatever is necessary to their existence

and operation, are the _natural right of man_. That the undeveloped

good is the endowment of this form of humanity will not be disputed:

hence whatever is necessary to its existence and operation, is the

natural right of infants. But it is obvious that a governing power,

existing somewhere, is indispensably necessary in the case of the

child; that is, a power must exist sufficiently potent to control the

spontaneous volitions of the will, or, in the circumstances of its

position, it will probably extinguish its own liberty, by the law of

habit. Government, then,--absolute government,--is necessary to the

existence and operation of the endowment of humanity in the state of

infancy; and therefore absolute government is the _natural right of

the infant_. Hence all civil governments have exercised (so far as the

will and physical condition are concerned) an absolute despotism over

the child, and have recognized the parent, or some one appointed in

the place of the parent, as the agent of its functions in this

respect. Not to accord to the infant this extreme form of control,

would be a practical denial of its natural rights. Therefore this

extreme form of despotism, so far from being a curse, is the natural

right of infants--the good to which they are entitled by nature. And

again, the civil government accords to the child a progressive

modification of this form of government under given circumstances. It

requires its agent to relax the stringency of this control, and to

extend a privilege of self-control, in the ratio in which the pure

intelligence and feelings of obligation or duty are _practically_

developed. For a child who had become, to a certain extent, a subject

of duty, and was disposed to fulfil this duty, but was kept, _per

force_, in the physical condition of infancy until he lost the use of

his limbs, would be considered as deprived of the right of

self-control to that extent, and thereby cruelly treated. The agent in

such a case would be severely punished, and the child committed to

other hands.

Hence, in the ratio in which the pure intelligence is unfolded, and

feelings of obligation arise, or conscience is developed, and becomes

the practical rule of action, the individual _acquires_ the right of

self-control, and only in that ratio. This right may ultimately reach

to all things in themselves good--the civil government always holding

the authority to punish departures from duty, and thereby always

abridging men of the moral power to do wrong, (because it never could

be their right to do wrong,) and always fortifying them in the right

exercise of liberty of will, by furnishing motives, addressed to their

intelligence and passions, to observe the right and to avoid the wrong

in the exercise of the volitive power. Therefore, the _natural right

of man_ is the right to such absolute control by others, in the

earlier periods of his life, as that his will may retain its

self-acting power unimpaired, as his mind is naturally unfolded by

time and circumstances; and to such modification of this absolute

control in after life, as may afford him due restraint under

temptation to do wrong, and proper encouragement, at all times, to do

right.

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