Benjamin Franklin : $b Representative selections, with introduction, bibliograpy, and notesFranklin, Benjamin
General
Benjamin Franklin : $b Representative selections, with introduction, bibliograpy, and notes
Franklin, Benjamin
Franklin, Benjamin, 1706-1790
In a pre-social state, real or hypothetical, men possess certain
natural rights, the crown of them, according to Locke,[i-276] being "the
mutual preservation of their lives, liberties, and estates, which I call
by the general name, property." In entering the social state men through
free consent are willing to sacrifice fragments of their natural rights
in order to gain civil rights. This process would seem tyrannical were
one to forget that the surrender is sanctioned by the principle of
consent. Men in sacrificing their rights expect from society (i.e., the
governors) civil rights and, in addition, protection of their
unsurrendered natural rights. A voluntary compact is achieved between
the governor and the governed. If laws are fabricated which contravene
these, the governed have retained for themselves the right of forcible
resistance. A natural inference from these premises is that sovereignty
rests with the people. In the colonies this secular social compact was
buttressed by the principle of covenants and natural rights within the
churches. Sermons became "textbooks of politics."[i-277] Miss Baldwin
has ably illustrated how before 1763 the clergy in Franklin's native New
England had popularized the "doctrines of natural right, the social
contract, and the right of resistance" as well as "the fundamental
principle of American constitutional law, that government, like its
citizens, is bounded by law and when it transcends its authority it acts
illegally."[i-278]
In an oration commemorating the Boston massacre Dr. Benjamin Church
stated the principle of the compact: "A sense of their wants and
weakness in a state of nature, doubtless inclined them to such
reciprocal aids and support, as eventually established society."[i-279]
Defining liberty as "the happiness of living under laws of our own
making by our personal consent or that of our representatives,"[i-280]
he warned that any breach of trust in the governor "effectually absolves
subjects from every bond of covenant and peace."[i-281]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account