It is said that in forming civil society the individual surrenders a
part of his rights. It would be more proper to say that he adopts new
modes of securing them. He consents, for example, to desist from
self-defence, that he and all may be more effectually defended by the
public force. He consents to submit his cause to an umpire or tribunal,
that justice may be more impartially awarded, and that he and all may
more certainly receive their due. He consents to part with a portion of
his property in taxation, that his own and others' property may be the
more secure. He submits to certain restraints, that he and others may
enjoy more enduring freedom. He expects an equivalent for what he
relinquishes, and insists on it as his right. He is wronged by partial
laws, which compel him to contribute to the state beyond his proportion,
his ability, and the measure of benefits which he receives. How absurd
is it to suppose, that by consenting to be protected by the state, and
by yielding it the means, he surrenders the very rights which were the
objects of his accession to the social compact!
The authority of the state to impose laws on its members I cheerfully
allow; but this has limits, which are found to be more and more narrow
in proportion to the progress of moral science. The state is equally
restrained with individuals by the moral law. For example, it may not,
must not on any account, put an innocent man to death, or require of
him a dishonorable or criminal service. It may demand allegiance, but
only on the ground of the protection it affords. It may levy taxes, but
only because it takes all property and all interests under its shield.
It may pass laws, but only impartial ones, framed for the whole and not
for the few. It must not seize by a special act the property of the
humblest individual, without making him an equivalent. It must regard
every man, over whom it extends its authority, as a vital part of
itself, as entitled to its care and to its provisions for liberty and
happiness. If, in an emergency, its safety, which is the interest of
each and all, may demand the imposition of peculiar restraints on one or
many, it is bound to limit these restrictions to the precise point which
its safety prescribes, to remove the necessity of them as far and as
fast as possible, to compensate by peculiar protection such as it
deprives of the ordinary means of protecting themselves, and, in
general, to respect and provide for liberty in the very acts which for a
time restrain it. The idea of Rights, I repeat it, should be fundamental
and supreme in civil institutions. Government becomes a nuisance and
scourge, in proportion as it sacrifices these to the many or the few.
Government, I repeat it, is equally bound with the individual by the
moral law. The ideas of Justice and Rectitude, of what is due to man
from his fellow-creatures, of the claims of every moral being, are far
deeper and more primitive than Civil Polity. Government, far from
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