Abbildungen der Seite
PDF
EPUB

and raise to perfection their reason and knowledge; and, being thus rendered intelligent, they find a thousand methods of preserving themselves, and supplying their wants. Every one also becomes sensible that he can neither live happily nor improve himself without the assistance and conversation of others. Since, then, nature has thus formed mankind, it is a manifest proof that she has designed they should converse with one another, and grant to each their mutual assistance." That man is by nature designed for society may be inferred also from his appetite to associate with his fellow man. The appetite or propensity for this association, and the pleasure derived from it, are common to all mankind, and evidently originate in their nature.

Man seems equally fitted for civil government. He has been endowed with high moral and intellectual faculties. He has the power to discern his own wants and the wants of others. He has a moral perception of what is right and what is wrong, and a sense of his obligation to do what is right and to forbear to do what is wrong. His reason enables him to understand the meaning of laws, and to discover what laws are necessary to regulate human actions. Patriotism, or love of country, prevails universally among mankind; and this national attachment leads men to seek and to promote the welfare of the community to which they belong, and contributes much to the fitting of them for civil government.

But with all his adaptation to society, and his capacities for civil government, man, being imperfect, will be guilty

does man's appetite for society originate; and what does it prove?

With what faculties and powers has man been endued that qualify him for civil government? Of what use are his reason and judgment? To what does patriotism lead men; and to what does it contribute? For what purposes are laws necessary?

of deviating from the rule of rectitude, and of infringing the rights of others. Whether this transgression be the consequence of ignorance, weakness in judging, or inattention in examining; or whether it result from a disposition habitually vicious; laws are necessary to regulate the conduct of men toward each other, and to secure to the members of a community the enjoyment of their rights. Without laws, there would be no security to person or property; the evil passions of men would prompt them to commit all manner of wrongs against each other, and render society, (if society can be said to exist without law,) a scene of violence and confusion.

CHAPTER II

Of Rights and Liberty.-Natural, Civil and Political Rights and Liberty-Right of Opinion.

THE object of civil institutions is, or ought to be, the security of those personal rights, in the full and free enjoyment of which true liberty consists.

The word right, when applied to action, signifies what is fit and proper to be done, as opposed to wrong. But as a substantive, in the sense in which it is here used, it means the just title or claim which a person has to any thing; and it signifies that the thing belongs to him who is said to have the right. Thus it is declared in the American Declaration of Independence: "that all men

What is the object of all civil institutions? Define the word right. In what sense is it here understood? How are men said to be creaved; and with what unalienable rights are they endowed? How

are endowed with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; and that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it."

The rights of mankind are denominated, first, natural rights; secondly, political rights; and thirdly, civil rights.

Natural rights are said to consist in the rights of personal liberty, of personal security, and of private property. These rights originate in the laws of our nature; and they cannot be forfeited but by the commission of some crime against the good and wholesome laws of the community.

Political and civil rights are generally considered and treated as belonging to the same class of rights; although each is clearly a distinct class. Political rights are the rights and powers granted to the people by the constitution, or fundamental law of the state. The right and power of making laws, the power of appointing, electing and controlling the officers of a government, and the right of altering and amending the constitution itself, are rights conferred by the constitution, and are therefore properly denominated political rights.

Civil rights are those that are guarantied to citizens

are these rights secured? From what source are the just powers of government derived?

What are the different classes of human rights denominated? In what do natural rights consist; and in what do they originate? How only can they be forfeited?

Is there any difference between political and civil rights? How are political rights conferred? What are some of these rights? What are civil rights? Why are these several rights denomi

by civil institutions, and are contained in the class of natural rights-the right of personal liberty, of personal security, and of private property, together with the numerous rights derived from these. They are called natural rights, as they have their foundation in the laws of social nature; but they are denominated civil rights, because, for their secure enjoyment, they depend on the social or civil ‣ compact. By civil compact is understood that agreement or contract by the terms of which the members of a community are governed. The right to obtain legal redress for an injury done by another, or the right secured to an individual by the laws of the community to which he belongs, of enjoying the free use of his property, are therefore termed civil rights.

Liberty, applied to man, consists in the free exercise and enjoyment of his rights; and this liberty is either natural, civil, or political, according as reference is had to one or the other of these rights. Herein consists the difference between liberty and right: the latter signifying the just claim or title which a person has to any thing; the former, the exercise and enjoyment of his rights.

Natural liberty consists in a power and freedom of acting as one thinks fit, without any constraint or control, unless by the laws of his social nature. In other words, moral or natural liberty is a permission which nature gives to all mankind of disposing of their persons and property in such a manner as they shall judge most consonant with their own happiness; on condition that they act according to the laws of nature; that they do not in

nated civil rights? What is understood by civil compact?

In what does liberty consist; and what are the different kinds of liberty here mentioned? What is the difference between a person's rights and his liberty?

In what does natural liberty consist? On what condition is this right granted; and in what manner must it be exercised?

any way abuse it to the prejudice of other men; and that they observe towards others all the moral duties enjoined by those laws.

Civil liberty consists in the secure exercise and enjoyment of all civil rights. It is that liberty which a man enjoys as a member of society, and is said to be no other than natural liberty just so far restrained as is necessary and expedient for the general advantage of the public. It can be enjoyed only under an upright and impartial administration of just, equal and expedient laws. The opinion, therefore, which some entertain would seem to be erroneous: that, in becoming subject to the restraints of law, man gives up a portion of his natural liberty.

Political liberty consists in the exercise and enjoyment of political rights, rights reserved to the people by the constitution, the fundamental laws of a state, in such manner and under such regulations only as are provided and authorized by these laws. The important end of political liberty, and for which alone it is valuable, is to secure the permanent enjoyment of civil liberty. It is the only security against political slavery.

Besides the rights above mentioned, is the right of opinion. The right of private opinion, or of private judgment, is a right that cannot be interfered with without a violation of the law of nature. The exercise and enjoyment of this consist in the liberty of a man to act agreeably to his religious opinion; and in the liberty of political opinion, the liberty of every person to express

In what does civil liberty consist? Under what circumstances. only can civil liberty be enjoyed? Can a man be under the restraint of laws and yet enjoy this liberty?

In what does political liberty consist? What is the object of political liberty?

What is meant by the right of opinion? In what do the exercise and enjoyment of this right consist? To what extent is this.

« ZurückWeiter »