Complete Works. Hamilton AlexanderЧитать онлайн книгу.
the strong.”
I shall, henceforth, begin to make some allowance for that enmity you have discovered to the natural rights of mankind. For, though ignorance of them, in this enlightened age, cannot be admitted as a sufficient excuse for you, yet it ought, in some measure, to extenuate your guilt. If you will follow my advice, there still may be hopes of your reformation. Apply yourself, without delay, to the study of the law of nature. I would recommend to your perusal, Grotius, Puffendorf, Locke, Montesquieu, and Burlemaqui. I might mention other excellent writers on this subject; but if you attend diligently to these, you will not require any others.
There is so strong a similitude between your political principles and those maintained by Mr. Hobbes, that, in judging from them, a person might very easily mistake you for a disciple of his. His opinion was exactly coincident with yours, relative to man in a state of nature. He held, as you do, that he was then perfectly free from all restraint of law and government. Moral obligation, according to him, is derived from the introduction of civil society; and there is no virtue but what is purely artificial, the mere contrivance of politicians for the maintenance of social intercourse. But the reason he ran into this absurd and impious doctrine was, that he disbelieved the existence of an intelligent, superintending principle, who is the governor, and will be the final judge, of the universe.
As you sometimes swear by Him that made you, I conclude your sentiments do not correspond with his in that which is the basis of the doctrine you both agree in; and this makes it impossible to imagine whence this congruity between you arises. To grant that there is a Supreme Intelligence who rules the world and has established laws to regulate the actions of His creatures, and still to assert that man, in a state of nature, may be considered as perfectly free from all restraints of law and government, appears, to a common understanding, altogether irreconcilable.
Good and wise men, in all ages, have embraced a very dissimilar theory. They have supposed that the Deity, from the relations we stand in to Himself and to each other, has constituted an eternal and immutable law, which is indispensably obligatory upon all mankind, prior to any human institution whatever.
This is what is called the law of nature, “which, being coeval with mankind, and dictated by God himself, is, of course, superior in obligations to any other. It is binding over all the globe, in all countries, and at all times. No human laws are of any validity, if contrary to this; and such of them as are valid derive all their authority, mediately or immediately, from this original.”—Blackstone.
Upon this law depend the natural rights of mankind: the Supreme Being gave existence to man, together with the means of preserving and beautifying that existence. He endowed him with rational faculties, by the help of which to discern and pursue such things as were consistent with his duty and interest; and invested him with an inviolable right to personal liberty and personal safety.
Hence, in a state of nature, no man had any moral power to deprive another of his life, limbs, property, or liberty; nor the least authority to command or exact obedience from him, except that which arose from the ties of consanguinity.
Hence, also, the origin of all civil government, justly established, must be a voluntary compact between the rulers and the ruled, and must be liable to such limitations as are necessary for the security of the absolute rights of the latter; for what original title can any man, or set of men, have to govern others, except their own consent? To usurp dominion over a people in their own despite, or to grasp at a more extensive power than they are willing to intrust, is to violate that law of nature which gives every man a right to his personal liberty, and can therefore confer no obligation to obedience.
“The principal aim of society is to protect individuals in the enjoyment of those absolute rights which were vested in them by the immutable laws of nature, but which could not be preserved in peace without that mutual assistance and intercourse which is gained by the institution of friendly and social communities. Hence it follows, that the first and primary end of human laws is to maintain and regulate these absolute rightsof individuals.”—Blackstone.
If we examine the pretensions of Parliament by this criterion, which is evidently a good one, we shall presently detect their injustice. First, they are subversive of our natural liberty, because an authority is assumed over us which we by no means assent to. And, secondly, they divest us of that moral security for our lives and properties, which we are entitled to, and which it is the primary end of society to bestow. For such security can never exist while we have no part in making the laws that are to bind us, and while it may be the interest of our uncontrolled legislators to oppress us as much as possible.
To deny these principles will be not less absurd than to deny the plainest axioms. I shall not, therefore, attempt any further illustration of them.
You say: “When I assert that since Americans have not, by any act of theirs, empowered the British Parliament to make laws for them, it follows they can have no just authority to do it, I advance a position subversive of that dependence which all colonies must, from their very nature, have on the mother country.” The premises from which I drew this conclusion are indisputable. You have not detected any fallacy in them, but endeavor to overthrow them by deducing a false and imaginary consequence. My principles admit the only dependence which can subsist, consistent with any idea of civil liberty, or with the future welfare of the British empire, as will appear hereafter.
“The dependence of the colonies on the mother country,” you assert, “has ever been acknowledged. It is an impropriety of speech to talk of an independent colony. The words independent and colony convey contradictory ideas; much like killing and sparing. As soon as a colony becomes independent on the parent state it ceases to be any longer a colony, just as when you kill a sheep you cease to spare him.”
In what sense the dependence of the colonies on the mother country has been acknowledged, will appear from those circumstances of their political history which I shall, by and by, recite. The term colony signifies nothing more than a body of people drawn from the mother country to inhabit some distant place, or the country itself so inhabited. As to the degrees and modifications of that subordination which is due to the parent state, these must depend upon other things besides the mere act of emigration to inhabit or settle a distant country. These must be ascertained by the spirit of the constitution of the mother country, by the compacts for the purpose of colonizing, and more especially by the law of nature, and that supreme law of every society—its own happiness.
The idea of colony does not involve the idea of slavery. There is a wide difference between the dependence of a free people and the submission of slaves. The former I allow, the latter I reject with disdain. Nor does the notion of a colony imply any subordination to our fellow-subjects in the parent state while there is one common sovereign established. The dependence of the colonies on Great Britain is an ambiguous and equivocal phrase. It may either mean dependence on the people of Great Britain or on the king. In the former sense, it is absurd and unaccountable; in the latter, it is just and rational. No person will affirm that a French colony is independent on the parent state, though it acknowledge the king of France as rightful sovereign. Nor can it with any greater propriety be said that an English colony is independent while it bears allegiance to the king of Great Britain. The difference between their dependence is only that which distinguishes civil liberty from slavery, and results from the different genius of the French and English constitutions.
But you deny that “we can be liege subjects to the king of Great Britain while we disavow the authority of Parliament.” You endeavor to prove it thus: “The king of Great Britain was placed on the throne by virtue of an Act of Parliament, and he is king of America by virtue of being king of Great Britain. He is therefore king of America by Act of Parliament; and if we disclaim that authority of Parliament which made him our king, we, in fact, reject him from being our king, for we disclaim that authority by which he is king at all.”
Admitting that the king of Great Britain was enthroned by virtue of an Act of Parliament, and that he is king of America because he is king of Great Britain, yet the Act of Parliament is not the efficient cause of his being the king of America. It is only the occasion of it. He is king of