originating them, owes to them its strength. Right is older than human
law. Law ought to be its voice. It should be built on and should
correspond to the principle of justice in the human breast, and its
weakness is owing to nothing more than to its clashing with our
indestructible moral convictions.
That government is most perfect, in which Policy is most entirely
subjected to Justice, or in which the supreme and constant aim is to
secure the rights of every human being. This is the beautiful idea of a
free government, and no government is free but in proportion as it
realizes this. Liberty must not be confounded with popular institutions.
A representative government may be as despotic as an absolute monarchy.
In as far as it tramples on the rights, whether of many or one, it is a
despotism. The sovereign power, whether wielded by a single hand or
several hands, by a king or a congress, which spoils one human being of
the immunities and privileges bestowed on him by God, is so far a
tyranny. The great argument in favor of representative institutions is,
that a people's rights are safest in their own hands, and should never
be surrendered to an irresponsible power. Rights, Rights, lie at the
foundation of a popular government; and when this betrays them, the
wrong is more aggravated than when they are crushed by despotism.
Still the question will be asked, "Is not the General Good the supreme
law of the state? Are not all restraints on the individual just, which
this demands? When the rights of the individual clash with this, must
they not yield? Do they not, indeed, cease to be rights? Must not every
thing give place to the General Good?" I have started this question in
various forms, because I deem it worthy of particular examination.
Public and private morality, the freedom and safety of our national
institutions, are greatly concerned in settling the claims of the
"General Good." In monarchies, the Divine Right of kings swallowed up
all others. In republics the General Good threatens the same evil. It is
a shelter for the abuses and usurpations of government, for the
profligacies of statesmen, for the vices of parties, for the wrongs of
slavery. In considering this subject, I take the hazard of repeating
principles already laid down; but this will be justified by the
importance of reaching and determining the truth. Is the General Good,
then, the supreme law to which every thing must bow?
Public-domain text, read in full here on John Shaqi.
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