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American Political Writing During the Founding Era: 1760–1805


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the laws made by civil rulers coincide with moral fitness, and are calculated to answer the end for which only they are impowered to make laws; if otherwise, the subject can be under no obligation to observe them; but may be morally obliged to resist [47] them, as it must ever be right to obey God rather than men. The doctrine of passive obedience and non-resistence in the unlimited sense it has been urged by some, came not down from above, as it can be supported neither by reason nor revelation; and therefore if any where, may be urged with a better grace by the rulers of darkness, in the regions below, upon those who by the righteous decree of heaven, are excluded the common benefits of creation, than by those powers that are ordained of God for the good of mankind. But though with the highest propriety this doctrine may be exploded, it does not at all lessen the moral obligation of obedience in the people to an equitable administration; and to use their endeavours that the laws made by their rulers to promote the good of the community should take place to that purpose: This is only the continued exertion of that power which is necessary to carry into effect the plan of civil government laid by themselves, and without which the best laws will fall short of it. There may be good laws, and faithful executors of them, and yet such a practical combination of the subjects as in [48] some measure to frustrate the happy effects of them: The violation of these laws may be so connived at in one another, as to prevent the executors having the opportunity to suppress them. The laws of the supreme legislator of the world are unquestionably just and good, and yet are transgressed by daring mortals every day: And though under his all-discerning eye the impenitent shall not finally escape with impunity, yet the transgressors of human laws founded on the same principles as the divine, may illude the inspection of man and the force of his laws: And when this practice shall become general in civil society, the energy of government will of course be relaxed. Nor can it be in the power of rulers the best qualified and the most sedulously attentive to the duties of their office to prevent it, unless they were gods in a higher sense than the scripture intends by giving them that title, and were able not only to make good laws, but also to inspire their subjects with a principle of obedience to them.

      [49] It is therefore plain, that the united efforts of the people are necessary to support civil government, and make it efficacious to the great and happy end for which it was instituted: And as rulers are holden by the strongest ties to consult and endeavour the welfare of the people; the people are equally bound to aid and assist them in these endeavours.

      What has been imperfectly suggested in this discourse may lead to some reflections on the goodness of the supreme ruler of the world, to mankind in general and to ourselves in particular, in the present state, more especially as expressed in the institution of civil government: And give occasion to urge the attention of rulers and people to the duties of their respective stations.

      The goodness of the Creator appears through all his works, but more illustriously to man than to any other creature on this earth; him he hath set at the head of this part of his creation: The place of his present abode is accomodated [50] to his necessity and pleasure; and his mind is endowed with reason and understanding to guide and regulate him in the enjoyment. With a view to secure him in the possession of the munificence of his creator, he is directed by instinct and reason to associate, and amicably unite the strength of individuals for the defence and safety of the whole.

      And this method is peculiarly adapted to the present depraved state of mankind, in which by leaping the mounds of right man is the greatest enemy to man. If there was no such thing as civil government among them, what ravages! and what depredations would there be! This earth would be the habitation of cruelty, and a field of blood. The consequences of perfect anarchy among mankind would be more unhappy and mischievous to them, than if the foundations of the earth were out of course, the sun should be darkened, and the moon not give her light, and the stars fall from heaven; And the natural order of this system should be interrupted by a general and most ruinous confusion.

      [51] But the plan of civil government, as included in the constitution of things, and obvious to the common sense of mankind, well executed by them, gives such a check to evil doers, and support to them that do well, that the nearer mankind pursue it, in its true intention, the more this earth will become a habitation of peace, of security and happiness. This privilege is put into their hands by the Lord of all, as the great security and completion of their earthly felicity; to him therefore their united acknowledgements should like incense, with fervor ascend.

      We ourselves have reason, not only to join in the universal tribute, as partaking of the blessings of the creator in common with mankind, but also in particular to express our warmest gratitude to him whose providence determines the bounds of the habitations of all the nations of men that dwell on the face of the earth; that we live under a constitution of civil government the best adapted to secure the rights and liberties of the subject: The fundamental laws of which are agreeable to the laws of nature resulting from the relation [52] of things, worthy of men and christians; and the form of administration the best contrived to secure a steady adherence to those laws in the exercise of civil power. Our King sways the sceptre in righteousness, and his throne is upholden by mercy: The legislative and executive powers are guided by the same laws.

      The beneficial effects of the happy constitution extend to the remotest parts of the British empire: Britons exult in the enjoyment of their natural rights under its auspicious influence, nor less the colonists in North-America while they participate with grateful and loyal hearts the like blessings from the same source.

      The colonists indeed on account of local circumstances, have been indulged to form into little distinct states under the same head, and to make laws and execute them, restricted at the same time by the laws and dependent on the supreme power of the nation as far as it is consistent with the essential rights of British subjects and necessary to the well-being of the whole. And this is so far from being [53] the ground of their complaint that it is in their opinion the very foundation of their happiness; from the antient stock they delight to draw nutrition as hereby they flourish, and in their turn bear to that proportionable fruit. Nor could any thing more sensibly affect them, or be thought of with more regret, than to be rescinded from the body of the empire, and their present connections with Great-Britain.

      In their little dependent states they have long enjoyed her parental smiles, which has greatly increased their attachment to her: The relief she has kindly afforded them in times of danger and distress will always invigorate the addresses, and support the confidence of her children towards her, under the like circumstances, till they shall find themselves discarded by her. Which sad catastrophe may all-gracious Heaven prevent! But the same patronage is still to be hoped for by the colonists while they do nothing to forfeit it. Nor is it to be thought that Great-Britain would designedly enslave any of her free-born sons, and thereby break in [54] upon that constitution so friendly to liberty, and on which her own safety depends.

      This Province has not the least share in privileges derived from the civil constitution of her parent country, and which are amply secured to us by royal charter.

      Our Governor is by deputation from our most gracious Sovereign as the representative of his sacred person in our provincial model of civil government. His Majesty’s paternal care in this respect is most readily acknowledged by us, as the Gentleman who has this honor at present is well acquainted with the laws and formalities of our civil constitution, and has abilities equal to the important post. Whose presence forbids every thing that looks like adulation, but may admit of the warmest wishes for his happiness in this world and the next.

      The other two branches of the legislature are chosen by the people, either immediately by themselves or mediately by their representatives, which coincides with the freedom of the British constitution, [55] and we shall always esteem as a pledge of the Royal favor.

      The return of his day is auspicious to our civil liberties, and fills every honest heart with joy. The liberty of chusing men from among ourselves, whose interest is inseparably connected with the whole, for his Majesty’s Council in the province, whose part is not only to aid the power of legislation, but also “freely to give advice at all times to the Governor for the good management of the public affairs of government,” will always be considered