In like manner; he whose perceptions of moral obligation are controuled by his passions has lost his Moral Liberty; and the most common language applied to him is, that he wants Self-government.
He likewise who, in religion, cannot govern himself by his convictions of religious duty, but is obliged to receive formularies of faith, and to practise modes of worship imposed upon him by others, wants Religious Liberty.—And the Community also that is governed, not by itself, but by some will independent of it, wants Civil Liberty.
In all these cases there is a force which stands opposed to the agent’s own will; and which, as far as it operates, produces Servitude.—In the first case, this force is incompatible with the very idea of voluntary motion; and the subject of it is a mere passive instrument which never acts, but is always acted upon.—In the second case; this force is the influence of passion getting the better of reason; or the brute overpowering and conquering the will of the man.—In the third case; it is Human Authority in religion requiring conformity to particular modes of faith and worship, and superseding private judgment.—And in the last case, it is any will distinct from that of the Majority of a Community, which claims a power of making laws for it, and disposing of its property.
This it is, I think, that marks the limit between Liberty and Slavery. As far as, in any instance, the operation of any cause comes in to restrain the power of Self-government, so far Slavery is introduced: Nor do I think that a preciser idea than this of Liberty and Slavery can be formed.
I cannot help wishing I could here fix my reader’s attention, and engage him to consider carefully the dignity of that blessing to which we give the name of Liberty, according to the representation now made of it. There is not a word in the whole compass of language which expresses so much of what is important and excellent. It is, in every view of it, a blessing truly sacred and invaluable.—Without Physical Liberty, man would be a machine acted upon by mechanical springs, having no principle of motion in himself, or command over events; and, therefore, incapable of all merit and demerit.—Without Moral Liberty, he is a wicked and detestable being, subject to the tyranny of base lusts, and the sport of every vile appetite.—And without Religious and Civil Liberty he is a poor and abject animal, without rights, without property, and without a conscience, bending his neck to the yoke, and crouching to the will of every silly creature who has the insolence to pretend to authority over him.—Nothing, therefore, can be of so much consequence to us as Liberty. It is the foundation of all honour, and the chief privilege and glory of our natures.
In fixing our ideas on the subject of Liberty, it is of particular use to take such an enlarged view of it as I have now given. But the immediate object of the present enquiry being Civil Liberty, I will confine to it all the subsequent observations.
SECT. II.
Of Civil Liberty and the Principles of Government.
From what has been said it is obvious, that all civil government, as far as it can be denominated free, is the creature of the people. It originates with them. It is conducted under their direction; and has in view nothing but their happiness. All its different forms are no more than so many different modes in which they chuse to direct their affairs, and to secure the quiet enjoyment of their rights.—In every free state every man is his own Legislator.[11]—All taxes are free-gifts for public services.—All laws are particular provisions or regulations established by COMMON CONSENT for gaining protection and safety.—And all Magistrates are Trustees or Deputies for carrying these regulations into execution.
Liberty, therefore, is too imperfectly defined when it is said to be “a Government by Laws, and not by Men.” If the laws are made by one man, or a junto of men in a state, and not by COMMON CONSENT, a government by them does not differ from Slavery. In this case it would be a contradiction in terms to say that the state governs itself.
From hence it is obvious that Civil Liberty, in its most perfect degree, can be enjoyed only in small states, where every independent agent is capable of giving his suffrage in person, and of being chosen into public offices. When a state becomes so numerous, or when the different parts of it are removed to such distances from one another, as to render this impracticable, a diminution of Liberty necessarily arises. There are, however, in these circumstances, methods by which such near approaches may be made to perfect Liberty as shall answer all the purposes of government, and at the same time secure every right of human nature.